RES-11491 SURPLUS CITY-OWNED PROPERTY LOCATED AT THE SOUTH SIDE OF 2045 E PALMYRA AVERESOLUTION 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
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 consisting of 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, 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), "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
square feet in area; 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, 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, 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
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 June 29,2023 and a response from HCD was received on July 10,2023 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.
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.That 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 the Property: (1) is surplus land because it is not necessary for the City's use;
ii)is exempt,pursuant to Government Code section 54221(f)(1)(B)(i)because it is less than 5,000
square feet; (iii) the City intends to offer the Property for sale to 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 authorized to take all steps necessary to offer the
Property for sale to owners of contiguous land.
ADOPTED this 12th day of September 2023.
g <:cetE
Da ' R. Slater, Mayor, City of Orange
ATTEST:
6744,1_
ela Co eman CityClerk, Cityof Orange tg
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
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 12th day of September 2023, 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
That portion of Lot 5 in Block C of Chapman Tract as per map thereof recorded in 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 thence Westerly along the Northerly line of
said Lot 5 a distance of 45.72 feet to a point on a non-tangent curve concave Westerly having a
radius of 45 feet a radial line thru said point bears South 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