RES-11526 EXEMPT CITY-OWNED SURPLUS PROPERTY LOCATED AT 515 FLETCHER AVENUERESOLUTION NO. 11526
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT CERTAIN
CITY-OWNED REAL PROPERTY LOCATED AT
515 FLETCHER AVENUE EAST OF GLASSELL
STREET 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, which consists of
approximately 11,581 square feet and commonly known as a portion of 515 Fletcher Avenue E/O
Glassell Street, as described in Exhibit A and depicted in Exhibit B, both 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 Senate 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 5422 1(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
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 January 4, 2024 and a response from HCD was received on or about January
18, 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 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(0(2).
Resolution No. 11526 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.
ADOPTED this 27th day of Feb 024.
D el R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Jb-
Mike Vigliotta, City Attorney
Attachments: Exhibits A& B
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 27th day of February 2024,by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru,Tavoularis, Bilodeau, Gutierrez,
and Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gyllenhammer
t
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11526 3
RS
HUITT-ZOLLARS,INC.•2603 Main Street•Suite 400•Irvine,CA 92814-4250•949.988.5815 phone•949.988.5820 fax•hultt-zollars.com
R314787.01
9-29-2022
EXHIBIT "A"
LEGAL DESCRIPTION
QUITCLAIM DEED
That portion of the Resubdivision of the Town of Saint James, in the City of Orange,
County of Orange, State of California, as per map recorded in Book 3, Page 25 of
Miscellaneous maps, in the office of the County Recorder of said County, described as
follows:
Beginning at Northeast corner of the land described as the "South 20 feet of the North 40
feet of the West 170 feet" in that certain Grant Deed to the City of Orange, recorded
April 8, 1965, in Book 7476, Page 424, of Official Records, in said office of the County
Recorder; thence along a line parallel with and 20.00 feet Southerly of the centerline of
Fletcher Avenue as shown on Tract No. 4231, in the City of Orange, County of Orange,
State of California, as per map filed in Book 155, Pages 36 and 37, of Miscellaneous
Maps, in said office of the County Recorder, South 84°09'49" East 1,015.03 feet to the
Westerly line of the Atchison, Topeka and Santa Fe Railway Company Right of Way;
thence along said Right of Way North 16°20'23" East 11.70 feet'to a line parallel with
and 8.50 feet Southerly of said centerline of Fletcher Avenue; thence along said parallel
line North 84°09'49" West 946.45 feet to the beginning of a curve concave Southerly,
having a radius of 549.50 feet; thence Westerly 71.68 feet along said curve through a
central angle of 07°29'41" to the Northerly prolongation of the Easterly line of said land
described as the "South 20 feet of the North 40 feet of the West 170 feet"; thence, non-
tangent South 21°12'56" East 6.87 feet to the Point of Beginning.
Containing an area of 11,581 square feet,more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements,
if any,of record.
All as shown on Exhibit"B" attached hereto and by this reference made a part hereof.
P, IAND
o W, M s
AZI
DAVID W.MACKEY,PLS 8912 NO. 8912
sr
7rFOF CALIFOR
R:\R314787.01\02\02.11\ROW Vacation.doc
SHEET 1 OF 2
I
FRACT No o 422 7
I 17 VEX/26-2 7
NO>39;30"yy
d=7 29'41"FLETCHEFI A VENUErR_AD --.- R=549.50'o In N
ti L-__ i N0272'56W- L=71.88 - u? aoWN840949..WW6.87'_ iV84p49 W
FE \----W 946.45 wi
oc
M1
P.O.B.
11,581 SQ. FT. y Z
V) 1 o N84 09 49"w 1015.34'
Cl)
I
N.el. r i- 111
LU h naN- N N
La
yNl IO
Q Z Co 170'
I
REWIND§Vllaoa of
I
SANT JQMC
oo. L qq,6
0 13
cr o
a
NO. 8912
I
sl4)
f OF CAoF°#\!
KETCH TO ACCOMP
SCALE
1 1 t l ITF ~L.OLIl 1!V SA LEGAL DESCRIPTION BRAN BY
1"
RRAD
Huitt-Zollara, Inc.Irvine
2603 Main Street, Suite 400, Irvine, CA 92614
CHECKED BY
DM
Phone (949) 988-5815 Fax (949) 988-5820 EXHIBIT 'B'
oA1E
AP VED QUITCLAIM DEED 9/29/2022
9/29/2022
SOB NO.
R:\R314787.01\CADD\AUTOCAD\MAPPING\DWG\EX\31478701 EX02.DWG
SHEET 2 OF 2
1 L8
i..
1 I 1 to I
0
I 12 W 1 TRACT No. 1 TNAC F Na W W 1
Q - 6?422V 45 1 W
iLui-tz co
7 1 im 1
ei
L
W = C FLETCHER AVENUE o h I6.
W N84 279 49..w
ENUE HE
CO
458/ Q 4p 49N g6 J
W N84709 49"W 0
Lu
Vj 1015,34
O
I i i Bo Dd4SBON OF
N
1y
mTTOWSOFW
L
co
q s
a
FRAM'
lc
MSCALE: 1 =60 v Oa 4 j L' l r
RS . ge0i 4 q oe I
Z l r I
O _ `J , .
ram `_• __`- _' __-I:-76
1 1 FLETCHER
r
L VENUE I
CO N847 499mW946.4584 0_1'-W
W N84 09 49" 11 581 SQ, FT,
W
W/1015.34' IyNh
I I t
r
I
ME TOWN OF I I
saIIT JA rli vim I l
H.E. 0/25
r
I
I r I r
R:\R314787.01\CADD\AUTOCAD\MAPPING\DWG\EX\31478701 JEX02.DWG