RES-11554 SURPLUS PROPERTY LOCATED AT 171 & 177 N. CYPRESS STREETRESOLUTION NO. 11554
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT CERTAIN
CITY-OWNED REAL PROPERTY LOCATED AT
171 & 177 N. CYPRESS STREET 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 Street, APN No. 039-
172-03,as depicted in Exhibit A,incorporated herein by this reference,and 177 N. Cypress Street,
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 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 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
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.
Resolution No. 11554 2
ADOPTED this 28th day of May 2024.
aniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mr e igliotta, 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 28th day of May 2024, by the following vote:
AYES: COUNCILMEMBERS: Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and
Slater
NOES: COUNCILMEMBERS: Barrios
ABSENT: COUNCILMEMBERS: Gutierrez
421fA 0434.0,
Pamela Coleman, City Clerk, City oYOrange
Resolution No. 11554 3
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