1 City Council Meeting: February 25, 2025 Santa Monica, California RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY OWNED BY THE CITY AND LOCATED AT 1333 4TH STREET, 1324 5TH STREET, AND 2500 OLYMPIC BOULEVARD IN THE CITY OF SANTA MONICA, CALIFORNIA, CONSTITUTE SURPLUS LAND; FINDING THAT CERTAIN REAL PROPERTY LOCATED AT 1234 4th STREET CONSTITUTES EXEMPT SURPLUS LAND; FINDING THAT SUCH DECLARATION IS EXEMPT
FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING RELATED ACTIONS
WHEREAS, the California Surplus Land Act (Government Code 54220 et seq.) (the “SLA”) governs the sale of surplus lands and requires local agencies to prioritize opportunities for certain uses including affordable housing development for any land the entity may sell or lease; and
WHEREAS, land no longer needed for a local agency’s use may be declared either “surplus” or “exempt surplus” by the legislative body of the local agency as supported by written findings; and
WHEREAS, the disposition of exempt surplus land does not have to follow the procedural requirements of the Surplus Land Act, and includes surplus land that is offered for open, competitive bid for 100% affordable housing development; and WHEREAS, the SLA and Housing Element Law require local agencies to report on the list of surplus lands in the General Plan Annual Progress Report, which is due April 1 of each year; and
WHEREAS, the City of Santa Monica owns those certain parcels at 1333 4th Street and 1324 5th Street (collectively known as “4th/5th/Arizona”), 2500 Olympic Boulevard (known as “the Bergamot Arts Center”),and 1234 4th Street (“Parking Structure 1” or “PS 1”) (collectively, “the Properties”); and
2 WHEREAS, the Properties qualify as “surplus land” or “exempt surplus land” within the meaning of the Surplus Land Act because the City has plans to develop these properties for qualifying affordable housing projects; and WHEREAS, the development of the Properties for affordable housing is consistent with the City’s adopted and certified 2021-2029 Housing Element, which identifies the 4th/5th/Arizona and the Bergamot Arts Center as suitable to accommodate a portion of the City’s share of regional housing need for lower income households pursuant to State law; and
WHEREAS, the City desires to declare 4th/5th/Arizona and the Bergamot Arts Center as “surplus land” within the meaning of the SLA; and WHERAS, the City desires to declare the PS 1 site as “exempt surplus land” within the meaning of the SLA; and
WHEREAS, the City desires to issue a Request for Proposals for all three sites and/or follow the required procedures under the SLA for “exempt surplus land” and “surplus land” to develop affordable housing on the Properties in accordance with the SLA and the City’s Housing Element; and
WHEREAS, the legal descriptions for the Properties are described in Exhibit “A,” attached hereto and made a part of hereof; and
WHEREAS, the staff report accompanying this resolution provides supporting information upon which the declaration and findings set forth in this Resolution are based;
NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby designates the 4th/5th/Arizona site and the Bergamot Arts Center as “surplus land” within the meaning of the SLA.
SECTION 3. The City Council hereby designates Parking Structure 1 site as “exempt surplus land”.
SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), as further explained in the staff report accompanying this resolution. 3 SECTION 5. The City Manager or his or her designee is authorized to submit the report of declared “surplus land” and “exempt surplus” land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
SECTION 6. The City Manager or designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA.
SECTION 7. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
__________________
DOUGLAS SLOAN
City Attorney
4 EXHIBIT “A”
LEGAL DESCRIPTIONS
1333 4th Street APN: 4291-011-909 & 910; Size in Acres: 1.21 Legal Description:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1:
ALL OF THAT REAL PROPERTY LOCATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS:
LOT U IN BLOCK 145 OF THE TOWN OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81, AND IN BOOK 39, PAGES 45, ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
ALL OF LOTS V, W AND X, IN THE NORTHWESTERLY 15 FEET OF LOT T, IN BLOCK 145, OF THE TOWN OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81, AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3:
LOTS "R" AND "S" AND THE SOUTHEASTERLY 35 FEET OF LOT "T", IN BLOCK 145, OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 39, PAGES 45 ET SEQ. AND IN BOOK 3, PAGES 80 AND 81 OF
MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 1324 5th Street; APNs: 4291-011-900, 901, 902, 903, 904, & 905; 908 Size: 1.21 acres Legal Descriptions:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1:
LOTS "A", "B" AND "C" IN BLOCK 145 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 OF MAPS, AND IN BOOK 39, PAGE 45 ET. SEQ. OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 4291-001-900
APN: 4291-001-901
APN: 4291-001-902
PARCEL 2: LOTS "D", "E", AND "F" IN BLOCK 145 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 OF MISCELLANEOUS RECORDS, AND IN BOOK 39, PAGE45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM LOT "E" ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS,
PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND
MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR
NOT, WITHIN OR UNDERLYING, OR WHICH MAY BE PRODUCED FROM THE HEREINBEFORE DESCRIBED
LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND,
FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIUM,
THORIUM, AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER
MINERALS OR HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD
AND AGREED THAT SAID SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS,
SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET, FOR ANY PURPOSE WHATSOEVER,
AS RESERVED IN THE DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FORMERLY SOUTHERN CALIFORNIA EDISON COMPANY, LTD., RECORDED JUNE 15, 1977 AS INSTRUMENT NO. 77-634846, OFFICIAL RECORDS.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT "G" IN BLOCK 145 OF TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 5 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 4291-011-908
2500 Olympic; APN: 4268-013-919 and 4268-014-900; Size: 5.6 acres Legal Description:
All that certain real property situated in the County of Los Angeles, State of California, described as follows:
THOSE PORTIONS OF THOSE PARTS OF THE RANCHO SAN VICENTE Y SANTA MONICA, IN THE CITY OF
SANTA MONICA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN THE DEED TO LOS ANGELES AND INDEPENDENCE RAILROAD COMPANY, RECORDED ON DECEMBER 11, 1875, IN BOOK 40, PAGE 282 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND IN THE DEED TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED ON AUGUST 11, 1894, IN BOOK 955, PAGE 142 OF SAID DEEDS, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED
IN SAID DEED TO SOUTHERN PACIFIC RAILROAD COMPANY WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF STEWART STREET, 30 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 7993, RECORDED IN BOOK 98, PAGES 89, 90 AND 91 OF MAPS, IN THE OFFICE OF
SAID COUNTY RECORDER, SAID POINT BEING THE MOST SOUTHERLY CORNER OF THAT CERTAIN PIECE OF PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED TO GENERAL TELEPHONE COMPANY OF CALIFORNIA, RECORDED ON AUGUST 25, 1965, AS INSTRUMENT NO. 493, IN BOOK D3026, PAGE 657 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 14° 03' 37" WEST, ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, 298.30 FEET TO THE MOST WESTERLY
CORNER OF SAID LAST MENTIONED LAND, SAID CORNER BEING THE SOUTHERLY TERMINUS OF THE WESTERLY LINE OF THAT PORTION OF STEWART STREET, 80 FEET WIDE, DESCRIBED IN THAT CERTAIN INDENTURE TO CITY OF SANTA MONICA, RECORDED ON FEBRUARY 7, 1975, AS INSTRUMENT NO. 2849, IN BOOK D6552, PAGE 131 OF SAID OFFICIAL RECORDS; THENCE NORTH 14° 03' 37" WEST, ALONG SAID WESTERLY LINE, 33.62 FEET TO A POINT THAT IS DISTANT SOUTH 14° 03' 37" EAST, ALONG SAID WESTERLY LINE, 16.30 FEET FROM THE CENTERLINE OF THE 100-FOOT WIDE STRIP OF LAND
DESCRIBED IN SAID DEED TO LOS ANGELES AND INDEPENDENCE RAILROAD COMPANY, SAID POINT BEING IN A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 11,637.14 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 14° 59' 22" WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0° 58' 10", AN ARC DISTANCE OF 196.90 FEET; THENCE SOUTH 5° 10' 56" EAST, 9.56 FEET; THENCE SOUTH 73° 10' 46" WEST, 81.31 FEET; THENCE SOUTH 71° 21' 49" WEST, 185.56 FEET; THENCE SOUTH 72° 12' 36"WEST, 115.68 FEET; THENCE SOUTH 70° 55' 34" WEST, 471.68 FEET; THENCE SOUTH 68° 21' 17" WEST, 59.66 FEET; THENCE NORTH 23° 49' 07" WEST 4.78 FEET; THENCE SOUTH 69° 28' 21" WEST, 294.46 FEET; THENCE SOUTH 70° 46' 23" WEST, 68.93 FEET TO THE EASTERLY LINE OF THAT PORTION OF 26TH STREET, 74 FEET WIDE, DESCRIBED IN THAT CERTAIN INDENTURE TO CITY OF SANTA MONICA, RECORDED ON NORTH NOVEMBER 10, 1959, AS INSTRUMENT NO. 2918, IN BOOK D659, PAGE 969 OF SAID OFFICIAL RECORDS; THENCE SOUTH 15° 40' 32" WEST ALONG SAID EASTERLY LINE AND ALONG THE EASTERLY LINE OF THAT PORTION OF 26TH STREET, 74 FEET WIDE, DESCRIBED IN THE DEED TO CITY OF SANTA MONICA, RECORDED ON NOVEMBER 6, 1959, AS INSTRUMENT NO. 2885, IN BOOK D657, PAGE 187 OF SAID OFFICIAL RECORDS, 191.63 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTH 14° 35' 43" EAST, ALONG SAID WESTERLY LINE, 8.55 FEET TO THE NORTHEASTERLY
LINE OF THAT CERTAIN PIECE OF PARCEL OF LAND DESCRIBED IN THE DEED TO SANTA MONICA BRICK COMPANY, RECORDED ON OCTOBER 15, 1943, AS INSTRUMENT NO. 1785, IN BOOK 20393, PAGE 24 OF SAID OFFICIAL RECORDS; THENCE SOUTH 59° 19' 46" EAST, ALONG SAID NORTHEASTERLY LINE, 46.53 FEET TO SAID SOUTHEASTERLY LINE; THENCE NORTH 75° 56' 12" EAST, ALONG SAID SOUTHEASTERLY LINE, 1532.92 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT 2 IN BLOCK 30 OF ERKENBRECHER SYNDICATE SANTA MONICA TRACT, IN SAID CITY, COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 6, PAGES 26 AND 27 OF SAID MAPS, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 25 FEET; THENCE WESTERLY IN A DIRECT LINE,
64.65 FEET, MORE OR LESS, TO A POINT IN THE NORTHERLY LINE OF SAID LOT 2 THAT IS DISTANT WESTERLY THEREON 85 FEET FROM THE SAID MOST EASTERLY CORNER; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 85 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED AS PARCEL E2-1001 IN THE FINAL ORDER OF CONDEMNATION ENTERED IN SUPERIOR COURT CASE NO. BC488379, A CERTIFIED COPY OF WHICH RECORDED MAY 6, 2014 AS INSTRUMENT NO. 20140470731 OF OFFICIAL RECORDS, SAID PARCEL E2-1001 BEING DESCRIBED THEREIN AS THAT PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED OCTOBER 13, 1989 AS INSTRUMENT NO. 89-1657788, OF OFFICIAL
RECORDS OF SAID COUNTY, LYING NORTHERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LAND, SAID CORNER BEING A POINT ON THE SOUTHEASTERLY LINE OF 26TH STREET, 74.00 FEET WIDE, AS DESCRIBED IN SAID GRANT DEED; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE SOUTH 16°10'03" WEST 42.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 68°10'02" EAST 10.51 FEET; THENCE NORTH 88°59'56" EAST 3.79 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 10.00 FEET; THENCE EASTERLY ALONG SAID CURVE 3.01 FEET THROUGH A CENTRAL ANGLE OF 17°13'54"; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE RADIAL LINE SOUTH 18°13'58" EAST 2.30 FEET; THENCE NORTH 68°10'02" EAST 69.50 FEET; THENCE SOUTH 21°49'58" EAST 1.79 FEET; THENCE NORTH 68°10'02" EAST 1.79 FEET; THENCE SOUTH 21°49'58" EAST 10.77 FEET; THENCE NORTH 68°10'02" EAST 121.53 FEET; THENCE SOUTH 21°49'58" EAST 3.00 FEET; THENCE NORTH 68°10'02" EAST 143.92 FEET; THENCE NORTH 21°49'58" WEST 3.00 FEET; THENCE NORTH 68°10'02" EAST 67.29 FEET; THENCE NORTH 21°49'58" WEST 7.21 FEET; THENCE NORTH 68°10'02" EAST 50.68 FEET; THENCE SOUTH 21°49'58" EAST 44.20 FEET; THENCE NORTH 68°10'02" EAST 18.51 FEET; THENCE NORTH 21°49'58" WEST 62.76 FEET; THENCE NORTH 68°10'02" EAST 66.53 FEET TO THAT COURSE IN THE NORTHERLY LINE OF SAID GRANT DEED HAVING A BEARING AND DISTANCE OF "SOUTH 70°55'34" WEST 471.68 FEET" (SOUTH 71°23'18" WEST FOR PURPOSES OF THIS DESCRIPTION).
ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY BY QUITCLAIM DEED RECORDED OCTOBER 15, 2014 AS INSTRUMENT NO. 20141089676, OF OFFICIAL RECORDS AND CERTIFICATE OF ACCEPTANCE WAS RECORDED NOVEMBER 5, 2014 AS INSTRUMENT NO. 20141176902 OFFICIAL RECORDS .
ALSO EXCEPT ALL MINERALS AND MINERAL RIGHTS, INTERESTS, AND ROYALTIES, INCLUDING
WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, IN AND UNDER THE PROPERTY, AS RESERVED IN INSTRUMENT RECORDED OCTOBER 13, 1989, INSTRUMENT NO. 89- 1657788, OFFICIAL RECORDS.
1234 4th; APN: 4291-003-903; Size: acres 0.69
Legal Description:
All that certain real property situated in the County of Los Angeles, State of California, described as follows:
Parcel 1:
Lot "H" and the Southeast 25 feet of Lot "G" in Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81 and in Book 39, Page 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.
Parcel 2:
The Southeasterly 25 feet of Lot "F" and the Northwesterly 25 feet of Lot "G" of Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81, and in Book 39, Pages 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.
Parcel 3:
The Northwesterly 25 feet of Lot "F" in Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81, and in Book 39, Pages 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.
Parcel 4:
Lot "E" in Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81, and in Book 39, Pages 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.