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
WHEREAS, the City of Orange (" City") is a municipal corporation exercising governmentalfunctions and powers, organizedand existing under the laws of the State of California; and
WHEREAS, theCity ownsin feesimplecertainrealpropertyconsistingof approximately 871 square feet on the south side of 2045 East Palmyra Avenue, also known as Assessor' s Parcel No. 390- 502- 09, as depicted in Exhibit A, incorporated herein by this reference (" Property"); and WHEREAS, the Surplus Land Act, Government Code sections 54220, et seq. ( as amended, the" Act") applies when a local agency disposes of" surplus land," as that term is defined in Government Code section 54221; and
WHEREAS, thePropertyis "surplusland" undertheAct becauseit is landownedin fee simpleby theCity andis notnecessaryfor theCity' suseandfor whichtheCity Councilwill take formal action (in the form of adoption of this Resolution) in a regular public meeting declaring that the land is surplus; and
WHEREAS, pursuant to the Act, at Government Code section 54221( f)( 1)( B), " exempt surplus land" includes property that is "( i) less than 5, 000 square feet in area, ( ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5, 000 square feet in area, whichever is less, or ( iii) has no record access and is less than 10, 000 squarefeet in area; and is not contiguous to land owned by a stateor local agencythat is used for open- space or low- and moderate- income housing purposes"; and WHEREAS, staff. intends to offer the Property for sale to contiguous property owners, consistent with the requirements of the Act at Government Code section 54221( f)( 1)( B); and WHEREAS, GovernmentCodesection54222.3 providesthat" this article shall not apply to the disposalof exemptsurplusland asdefinedin Section54221by anagencyof the stateor any local agency"; and
WHEREAS, while pre-adoption review of a local agency's resolution finding land to be exempt surplus land under the Act is encouraged but not required, a copy of this Resolution was submitted to the Public Lands Team at the Departmentof Housing and Community Development HCD") on June29, 2023 andaresponsefrom HCD wasreceivedon July 10,2023 advisingthatthe draft Resolution meets the requirements for an exemption and requesting a copy of the adopted Resolution onceavailablefor HCD to provide a findings letter; and WHEREAS, the City Council desires to declare the Property as " exempt surplus land" consistent with and in compliance with the Act and that a copy of this Resolution be transmitted to HCD at leastthirty( 30) daysprior to disposition,per HCD Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agendareport presentedto it and any testimony received at the meeting at which this matter was considered, asfollows:
1. That the foregoing recitals aretrue and correct.
2. That this Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act( Public Resources Code Section 21000, et seq.) (" CEQA").
Designation of the Property as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060( c)( 3), becauseit is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of this Resolution does not have the potential for resulting in either a direct physical changein the environment or a reasonablyforeseeableindirect physical changein the environment.
3. That the Property: ( 1) is surplus land becauseit is not necessaryfor the City' s use; ii) is exempt,pursuantto Government Codesection 54221(f)( 1)(B)( i) becauseit is lessthan 5,000 square feet; ( iii) the City intends to offer the Property for saleto contiguous property owners; and iv) that the noticing requirements of the Act pertaining to surplus land are not applicable.
4. The City Manager, or designee, is authorizedto take all stepsnecessaryto offer the Property for saleto owners of contiguous land.
ADOPTED this 12th day of September2023.
g <: cetE
Da ' R. Slater, Mayor, City of Orange
ATTEST:
6744,1_
ela Co eman CityClerk, Cityof Orange t
g
Attachment: Exhibit A
Resolution No. 11491 2
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify thattheforegoingResolutionwasduly andregularlyadoptedby the City Council of the City of Orange at a regular meeting thereof held on the 12th day of September2023, by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez, Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
V1444:
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P la Coleman, City Clerk, City f Orange
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Resolution No. 11491 3
EXHIBIT " A"
LEGAL DESCRIPTION
Thatportionof Lot 5 in Block C of ChapmanTractaspermapthereofrecordedin Book 102,Page 15 of Miscellaneous Maps, records of Orange County described as follows: Beginning at the Northeast corner of said Lot 5 in Block C and running thenceWesterly along theNortherly line of said Lot 5 a distance of 45.72 feet to a point on a non-tangent curve concaveWesterly having a radius of 45 feet a radial line thru said point bearsSouth 70° 35' 37" West; thence Southeasterly, Southerly and Southwesterly along said curve thru a central angle of 41° 35" 16" an arc distance of 32.66 feet, to a point which is South 55° 33" 23" West 56.38 feet from the point of beginning; thence leaving said curve North 55° 33" 23" East 56.38 feet to the point of beginning.
CONTAINING AN AREA OF APPROXIMATELY 871 SQUARE FEET.
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LOCATION MAP
south side of 2045 E Palmyra Ave e
6/ 20/ 2023