Agenda Item
City Council
Item #: 3.18. 9/12/2023 File #: 23-0572
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Declare the property located on the south side of 2045 East Palmyra Avenue as surplus to the City’s needs, authorize the disposal of the property, and finding of CEQA exemption. Resolution No. 11491.
2. SUMMARY
Resolution No. 11491 will declare the property located on the south side of 2045 East Palmyra Avenue, also known as Assessor’sParcel No. 390-502-09, as surplus to the City’sneeds and will authorize the disposal of the property.
3. RECOMMENDED ACTION
Adopt Resolution No. 11491. A Resolution of the City Council of the City of Orange declaring that certain City-owned real property located on the south side of 2045 East Palmyra Avenue in the City of Orange is exempt surplus land pursuant to Government Code Section 54221 and finding that the foregoing action is exempt from review under the California Environmental Quality Act.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.
6. DISCUSSION AND BACKGROUND
The subject property was acquired by the City from the County of Orange as a tax defaulted property in 1970. The property was conveyed to the City by deed recorded on July 24, 1970, in Book 9355,
The property is 871 square feet (per assessor’srecords) and triangular shaped. The three sides of the property are East Palmyra Avenue cul-de-sac on the west, a residential tri-plex on the north (2045 East Palmyra Avenue), and vacant land on the south.
The subject parcel is a vacant lot and has been a continual problem with nuisance activity along Santiago Creek and the 55 freeway overpass.
The property is considered “surplusland”because it is owned in fee simple by the City of Orange and is not needed for current or potential future City use. Under the Surplus Land Act, as detailed in City of Orange Printed on 9/7/2023Page 1 of 2
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Item #: 3.18. 9/12/2023 File #: 23-0572
is not needed for current or potential future City use. Under the Surplus Land Act, as detailed in Government Code sections 54220 and subsequent sections (the “Act”),sets forth the parameters for the disposal of “surplus land” by local agencies. In accordance with the Act, all government-owned property proposed to be declared as surplus must adhere to the definitions and guidelines set therein. As outlined under Government Code section 54221, “surplusland”refers to land that a city or local agency owns outright and is not necessary for its operational needs.
Further, pursuant to Government Code section 54221(f)(1)(B), certain properties can be classified as “exempt surplus land.” This property is exempt because it meets one or more of the following conditions: it is less than 5,000 square feet in size, it is smaller than the minimum permissible residential building lot size for the jurisdiction (or 5,000 square feet, whichever is less), or it lacks recorded access and is less than 10,000 square feet in area. Moreover, the land is not adjacent to state or local agency-owned land designated for open-space or for low- to moderate-income housing.
Since the parcel is vacant, is less than 5,000 square feet, and is less than the minimum legal residential building lot size, the highest and best use is to become a joiner to one of the two adjacent parcels. The property owner of 2045 East Palmyra Avenue has approached the City and expressed interest in acquiring the property so he could fence it and stop the illegal use of the property.
Upon adoption of Resolution No. 11491, staff will initiate the surplus property disposal process for disposition of the parcel.
7. ATTACHMENTS
· Resolution No. 11491
· Location Map
· Aerial Photo
City of Orange Printed on 9/7/2023Page 2 of 2
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