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Home My WebLink AboutItem 34 - Resolution Declaring City-Owned Property as Exempt Surplus LandCommunity Development Agency .; www.santa-ana.org/cd Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 2, 2025 TOPIC: Declare City -owned Property Exempt Surplus AGENDA TITLE Resolution Declaring City -Owned Property as Exempt Surplus Land RECOMMENDED ACTION Adopt a Resolution declaring the City -owned portion of a triangular area of driveway property south of 209 West Civic Center Drive as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the transfer of ownership accordingly. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY ON THE NORTHWEST CORNER OF CIVIC CENTER DRIVE AND SYCAMORE STREET AS EXEMPT SURPLUS LAND AND FINDING THAT THE FOREGOING ACTION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City of Santa Ana holds fee title to an approximately 3,784-square-foot parcel of real property, formerly a remnant portion of street right-of-way located near the northwest corner of Civic Center Drive and Sycamore Street (Exhibit 2). This parcel was created as a residual property upon the construction of Civic Center Drive in 1974. On August 20, 2020, the City Council approved a Purchase and Sale Agreement to sell the YMCA property at 209 West Civic Center Drive. In addition, a second Council action was approved to execute all necessary agreements for conveying the triangle area inclusive of the driveway area south of the YMCA. At the time, this property belonged to the County of Orange, requiring steps for its transfer. The property was officially transferred to the City in March 2024 as part of a City/County land swap. To commence with the transfer process, the City now seeks to designate this parcel as exempt surplus land pursuant to the California Surplus Land Act (SLA), Government Code Section 54220 et seq., as amended. Declare City -owned Property Exempt Surplus December 2, 2025 Page 2 The Property is not required for City use and meets the criteria for exempt surplus land under Government Code Sections 54221(f)(1)(B) and (E). Prior to disposing of exempt surplus land, the SLA requires that the local agency adopt written findings supporting the exemption and comply with all applicable statutory provisions, SLA guidelines, and local procedures. The Property qualifies as exempt surplus land because it is less than one-half acre (approximately 3,784 square feet) in size and is not contiguous to land owned by any state or local agency for open -space or low- and moderate -income housing purposes. In addition, it consists of former street right-of-way and is proposed to be conveyed to the owner of an adjoining parcel. After adoption of the exempt surplus property resolution, staff will continue to comply with requirements of the SLA, including providing the California Department of Housing and Community Development with a copy of the resolution at least 30 days prior to the transfer of the property. ENVIRONMENTAL IMPACT Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, declaring the City -owned property exempt surplus is exempt from review under CEQA because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Exempt Surplus Property Resolution 2. Location Map Submitted By: Michael L. Garcia, Executive Director — Community Development Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY ON THE NORTHWEST CORNER OF CIVIC CENTER DRIVE AND SYCAMORE STREET AS EXEMPT SURPLUS LAND AND FINDING THAT THE FOREGOING ACTION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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 in fee simple of real property, approximately 3,784 square feet, which was formerly excess portions of street right of way near the northwest corner of Civic Center Drive and Sycamore Street, as described on Exhibit A and depicted on Exhibit B (referred to as the "Property"). B. The Property is a remnant parcel resulting from the creation of Civic Center Drive in 1974. C. The Property lies outside of the limits of improvements for Civic Center Drive and Sycamore Street. D. The City now desires to declare the Property exempt surplus land within the meaning of the California Surplus Land Act ("SLA"), Government Code section 54220 et seq., as amended, as it is not necessary for the City's use and qualifies as exempt surplus land under Government Code sections 54221(f)(1)(B) and (E). E. 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. F. The Property qualifies under Government Code section 54221(f)(1)(B). Specifically, the exempt Property is less than one-half acre (approximately 3,784 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. G. The Property qualifies under Government Code section 54221(f)(1)(E). Specifically, the exempt Property is Surplus land that is a former street, right of way, or easement, and will be conveyed to an owner of an adjacent property. H. It is the intent of City Council to sell the Property to a contiguous land owner of the Property, otherwise the Property shall not be considered "exempt" under 54221(f)(1)(E). Notice is not required per Government Code section 54221(f)(2) because the Property is (i) not within a Coastal Zone, (ii) not adjacent to a historical unit of the State Parks System, (iii) not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and (iv) not within the Lake Tahoe region as defined in Government Code section 66905.5. Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City's use and is therefore exempt surplus land, pursuant to Government Code sections 54221(f)(1)(B) and 54221(f)(1)(E) 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 execute any and all documents necessary to dispose of the Property in accordance with this Resolution, if it is determined to be in the best interests of the City. Section 4. The 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 5. This resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Pub. Resources Code, §§21000 et seq.; 14 CCR §§ 15000 et seq.) ("CEQA"). City staff has determined that the designation of the Property as exempt surplus land does not qualify as a "project" as defined by the CEQA Guidelines Section 15378. First, Section 15378 defines a project as an activity that "has a potential for resulting in either a direct physical change in the environment." (State CEQA Guidelines, §15378(a).) Here, the action is to declare the Property as exempt surplus land, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change to the environment. Accordingly, the action is not a "project" subject to CEQA. (State CEQA Guidelines, §15060(c).) Second, Section 15378 explicitly excludes from its definition of "project" the following- ,, organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment." (State CEQA Guidelines, §15378(b)(5).) The action to designate the Property as exempt surplus land constitutes an organizational or administrative activity that will not result in a physical change in the environment, and is therefore is not subject to CEQA. This action does not constitute a binding commitment to any particular use of the Property, nor is any development associated with this action. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Resolution No. 2025-XXX Page 2 of 4 Property that requires a discretionary permit and CEQA review, that future use of the Property will be analyzed at the appropriate time in accordance with 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 day of , 2025 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: /I &A Melissa M. Crosthwaite Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Valerie Amezcua Mayor Resolution No. 2025-XXX Page 3 of 4 I, JENNIFER L No. 2025-XXX Santa Ana on Date: CERTIFICATE OF ATTESTATION AND ORIGINALITY HALL, City Clerk, do hereby attest to and certify the attached Resolution to be the original resolution adopted by the City Council of the City of December 2025. City Clerk Resolution No. 2025-XXX Page 4 of 4 EXHIBIT "A" Legal Description THAT PORTION OF CIVIC CENTER DRIVE (FORMER CHURCH STREET & 8t" STREET), LYING WITHIN SPURGEON'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1 PAGE 56 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF AN EASEMENT FOR PUBLIC STREET PURPOSES DESCRIBED IN A DEED RECORDED IN BOOK 11145, PAGE 128, AND DEED RECORDED IN BOOK 11217, PAGE 169, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED TO THE CITY OF SANTA ANA PER DOCUMENT RECORDED NOVEMBER 15, 2004 AS INSTRUMENT NO. 2004001019602 OF OFFICIAL RECORDS OF SAID COUNTY, BEING ON THE NORTHERLY LINE OF SAID CIVIC CENTER DRIVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 89047'46" EAST, 153.55 FEET TO THE SOUTHEASTERLY CORNER THEREOF, ALSO BEING ON THE WESTERLY LINE OF SYCAMORE STREET, 60 FEET WIDE; THENCE ALONG SAID WESTERLY LINE, SOUTH 00016'23" WEST, 33.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00016'19" WEST, 27.86 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 50.36 FEET THROUGH A CENTRAL ANGLE OF 115024'49" TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 111.71 FEET THROUGH A CENTRAL ANGLE OF 16°00'02"; THENCE NORTH 46°18'49" WEST, 33.17 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 8,383 SQUARE FEET AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF PREPARED UNDER MY SUPERVISION: 0 , - 8-8-2023 DAVID O. KNELL PLS 5301 DATE o�P�_ Lk�tiD's� * I PLS No. b3111 11 * �TF OF CAl-� PAGE 1 OF 1 EXHIBIT "B" — N90°00'00"W C/ \ Q p3 R, m O' pp p p STREET VACATION AREA DESCRIBED IN EXHIBIT 'A' 8,383 SQ. FT. SCALE 1=100' �O cl POB N'LY LINE CHURCH ST (R1) N.N. 1/5(3 S89'47'46"E 183.55' 153.55' (CALC.) (153.61' REC. PER O.R. 2021000048418) ti �RIQ I / N89`47'46"W 145,63' 00, WILY BNDY <� OF BLOCK ——\777,�7, IN, C C stir F ROB,/� F p Length Radius Cl 115'24'49" 1 50.36' 1 25.00' ;1 3 WILY BDY 11217/969 0. E'LY BNDY OF BLOCKJ11 I I APN 005-184-25 OWNER: 209 WEST CIVIC CENTER LLC 0.R. 2021000048418 SEE DETAIL BELOW W Wi w 30' 3 0 m W Z W W U U FL Z V/WILLDAN SCALE: PER SKETCH DATE: 8-8-23 SKETCH TO ACCOMPANY LEGAL DESCRIPTION E"a"°° FOR STREET VACATION OF A PORTION OF o 13191 CROSSROADS PARKWAY NORTH, SUITE 405 Z INDUSTRY, CA. 91746-3497 DRAWN BY: SCB CHECKED BY: DOK CIVIC CENTER DRIVE i (562) 968-6200 w 3 DETAIL SCALE 1 `40' INT. OF WILY CHURCH ST W/ ,30.00'-� CL SYCAMORE ST (R1) of Lu W 0 H w 0) 00 CL INT. CHURCH ST r & SYCAMORE ST `V o (R1) z rE'LY PROL. PAGE 1 OF 1 C� C) 6 A cos - — - 8013 N Broadway • W �° _ SA 901 EA c �I K +L OL. IL f 211 W y