RESOLUTION NO. 11554
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE FINDING THAT
CERTAIN CITY-OWNED REAL PROPERTY
LOCATED AT 171 N. CYPRESS AND 177 N.
CYPRESS IN THE CITY OF ORANGE IS EXEMPT
SURPLUS LAND PURSUANT TO GOVERNMENT
CODE SECTION 54221
WHEREAS, the City of Orange (“City”) is a municipal corporation exercising governmental functions and powers, organized and existing under the laws of the State of California; and
WHEREAS, the City owns in fee simple certain real property, which consists of a total of approximately 11,906 square feet and commonly known as 171 N. Cypress Avenue, APN No. 039-172-03, as depicted in Exhibit A, incorporated herein by this reference , and 177 N.
Cypress Avenue, APN No. 039-172-03, as depicted in Exhibit B, also 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, the Property is “surplus land” under the Act because it is land owned in fee simple by the City and is not necessary for the City’s use and for which the City Council will 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), as recently amended by the California Legislature by S enate Bill 747 (“SB 747”) and Assembly Bill 480 (“AB 480”), “exempt surplus land” includes property that is “less than one -half acre and is not contiguous to land owned by a state or local agency that is used for open- space or low-and moderate-income housing purposes”; and
WHEREAS, as further contained in subsection (f)(2), to be considered exempt surplus land under Government Code Section 54221(f)(1)(B) that does not require that a notice of availability for open space purposes be sent pursuant Government Code section 54222(b) prior to disposition, the property must not be (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in Section 66905.5; and
WHEREAS, Government Code section 54222.3 provides that “this article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency”; and
2 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 Department of Housing and Community Development (“HCD”) on or about March 5, 2024 and a response from HCD was received on or about April 11, 2024, advising that the draft Resolution meets the requirements for an exemption and requesting a copy of the adopted Resolution once available for 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 least thirty (30) days prior to disposition, per HCD Guidelines; and
WHEREAS, the City Council believes that the sale of the Property is for the common benefit of the City and its residents, and in accord with the public purposes and provisions of applicable State and local law requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:
1. The foregoing recitals are true 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), because it 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 change in the environment or a reasonably foreseeable indirect physical change in the environment.
3. That (1) the Property is surplus land because it is not necessary for the City’s use; (2) the Property is exempt surplus land, pursuant to Government Code section 54221(f)(1)(B)(i) because it is (i) less than one -half acre (a total of approximately 11,906 square feet) and (ii) not contiguous to land owned by owned by a state or local agency that is used for open -space or low -and moderate-income housing purposes ; and (3) the Property is not (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in Section 66905.5, and therefore no notice of availability of the Parcel for open space purposes is required pursuant to Government Code section 54221(f)(2).
4. The City Manager, or designee, is authorized to take all steps necessary to dispose of the Property, no less than thirty (30) days after submission of this Resolution to HCD, per HCD Guidelines.
3 ADOPTED this ____ day of ____________________, 2024
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange