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HomeMy WebLinkAbout2024-051 - Declaring Various Properties as Exempt Surplus Land RESOLUTION NO. 2024-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City of Santa Ana (the "City") is the owner of real property assets that have been acquired for various roadway improvement projects now completed, as described on Exhibit A (collectively, the "Properties"). B. The Properties are leftover parcels from full parcel acquisitions that were made following the City's environmental analysis that the project impacts could not be adequately mitigated if only partial acquisitions were made. C. The Properties remain vacant. D. The City's Public Works Agency has ongoing fencing and cleanup costs associated with maintenance and security of the Properties. E. There are frequent calls from the public inquiring about site maintenance, clean-up, vacant status, and/or expressing support for development of the Properties. F. Proceeds from the sale of the Properties will benefit the Bristol Corridor or other Right-of-Way projects, and the property tax generated may provide funding to enhance City services, and the future development of the Properties would eliminate blight and promote neighborhood liability and sustainability. G. The Properties have become surplus within the meaning of the California Surplus Land Act ("SLA"), Government Code section 54220 et seq., as amended, and are not necessary for the City's use. Resolution No. 2024-051 Page 1 of 5 H. By way of Resolution No. 2023-065, adopted on October 3, 2023, some of the Properties were previously identified as exempt or non-exempt surplus land within the meaning of the California Surplus Land Act, Government Code section 54220 et seq., as amended, and not necessary for the City's use. I. A change to the SLA in 2024 increased the maximum size of "exempt" parcels of surplus land from 5,000 square feet to one-half acre. Given this change in law, some of the Properties previously identified as non- exempt surplus land under Resolution No. 2023-065 now qualify as "exempt" surplus land based on this increased size allowance. J. The Properties are all "exempt" under the SLA. Exempt Properties may be declared "exempt surplus land" and must be supported by written findings before a local agency may take any action to dispose of the Property consistent with statutory requirements, SLA guidelines, and/or a local agency's policies or procedures. K. Item Nos. 1 through 7 on Exhibit A are parcels previously identified in Resolution No. 2023-265 as being subject to the SLA, but are now "exempt" from the SLA on the grounds set forth herein. Item Nos. 8 through 23 on Exhibit A are parcels previously identified in Resolution No. 2023-265 as "exempt" from the SLA and are fully restated herein for clarity purposes. Item Nos. 24 through 26 on Exhibit A are additional parcels recently identified by the City which are "exempt" from the SLA on the grounds set forth herein. L. The Properties qualify under Government Code section 54221(f)(1)(B). Specifically, the exempt Properties are less than one-half acre in area and are not contiguous to land owned by a state or local agency that is used for open- space or low- and moderate-income housing purposes. M. The exempt Properties shall be sold to a contiguous land owner of the Properties, otherwise the Properties shall not be considered "exempt" under 54221(f)(1)(E). N. None of the characteristics listed under Government Code section 54221, subdivision (f)(2) apply to the Properties. Specifically, the Properties are not within a Coastal Zone, nor are they adjacent to a historical unit of the State Parks System, nor are they listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, nor are they within the Lake Tahoe region as defined in Government Code section 66905.5,otherwise the City would be required to provide a written notice of availability for open-space purposes to entities described in Government Code section 54222, subdivision (b). Resolution No. 2024-051 Page 2 of 5 O. The City is determining that the Properties identified in Exhibit A are, in fact, exempt surplus land under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30 days prior to the disposing of any exempt surplus land. Section 2. The City Council hereby finds and declares that the Properties are no longer necessary for the City's use and are therefore exempt surplus land, as terms defined in California Government Code section 54221, as amended, based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to follow the procedures of the Surplus Land Act, California Government Code section 54220, et seq., as amended, with respect to the disposition of the Properties. Section 4. Any proposed agreements for the sale of the Properties shall be subject to the approval of the City Council. Section 5. Sales of the Properties as surplus are exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the Properties by a subsequent buyer, then that development would be reviewed under CEQA. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 23rd day of September, 2024. Val-1 is A mezcua Mayo APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney , ,----Jonathan T. M Assistant City Attorney Resolution No. 2024-051 Page 3 of 5 AYES: Councilmembers Amezcua, Bacerra, Hernandez, Penaloza, Phan, Vazquez (6) NOES: Councilmembers Lopez (1) ABSTAIN: Councilmembers None (0) ABSENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-051 to be the original resolution adopted by the City Council of the City of Santa Ana on September 23, 2024. 4011111 Date: al �C�` `'l_ —���'� ' 1,•. l a n in`'fer alI City Clerk Ci of anta Ana Resolution No. 2024-051 Page 4 of 5 EXHIBIT A:City-Owned Vacant Land Exempt Surplus Land: # APN Address Land Use Remnant Lot Configuration SLA Status Area 1 099-224-39 5225 W. 1st St. R1 5,738 Standard Exempt 2 099-224-38 5221 W. 1st St. R1 5,744 Standard Exempt 3 008-225-23 217 S. Bristol St. R2 3,447 SubStandard Exempt 4 008-225-24 219 S. Bristol St. R2 5,616 Standard Exempt 5 008-231-25 223 S. Bristol St. R2 4,556 Standard Exempt 6 004-121-12 1307 W. 10th St. SP1 6,255 Standard Exempt 7 099-224-33 114 N. Euclid St. C1 5,000 SubStandard Exempt 8 109-121-23 2201 W. La Verne Ave. R 1,651 SubStandard Exempt 9 008-084-10 1102 W.5th St. R 2,711 SubStandard Exempt 10 405-121-06 801 N. English St. R 3,976 SubStandard Exempt 11 109-092-61 1209 S.Sullivan St. R 3,226 SubStandard Exempt _ 12 002-131-57 2337 N. Riverside Dr. R 2,150 SubStandard Exempt 13 403-121-30 1730 S.Grand Ave. R 505 SubStandard Exempt 14 398-381-09 414 Santa Fe R 1,731 SubStandard Exempt 15 013-053-33 1442 S. Baker St.* R 2,810 SubStandard Exempt 16 013-052-27 1441 S. Baker St.* R 335 SubStandard Exempt 17 013-052-28 1442 S. Rosewood Ave.* R 409 SubStandard Exempt 18 013-123-25 1434 S.Towner St. R 1,411 SubStandard Exempt 19 013-124-23 1435 S.Towner St. R 1,587 SubStandard Exempt 20 013-121-25 1435 S. Lowell St. R 1,257 SubStandard Exempt 21 013-124-24 1434 S. Lowell St. R 1,444 SubStandard Exempt 22 144-303-22 3706 W.Camille St.* SP2 597 SubStandard Exempt 23 398-236-01 621 Spurgeon R 1,369 Substandard Exempt 24 399-085-22 1725 N. Bristol St. SP1 4,521 SubStandard Exempt 25 004-121-18 1301 W. 10th St. SP1 7,105 Standard Exempt 26 013-053-32 1441 S. Magnolia Ave.* R 5,123 SubStandard Exempt *=adjacent to listed address since land portion does not have site address Resolution No. 2024-051 Page 5 of 5