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Home My WebLink AboutAdopt Resolution No. 2022-14 Declaring Certain Public Proper 1,9 PM ov&M 7 -0 2000 Main Street Huntington Beach.CA City of Huntington Beach 92648 File #: 22-291 MEETING DATE: 4/5/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council SUBMITTED BY: Sean Joyce. Interim City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Adopt Resolution No. 2022-14 Declaring Certain Public Property Exempt Surplus Land Pursuant to the Surplus Lands Act (SLA) Statement of Issue: The California Surplus Land Act (SLA) (Government Code 54220 et seq.) governs the sale of surplus lands and requires local agencies to prioritize opportunities for certain uses including affordable housing development for any land the entity may sell or lease. Surplus land may be declared either "surplus" or "exempt surplus" by the legislative body of the local agency as supported by written findings The SLA requires local agencies to report on any properties that have been declared "surplus" or "exempt surplus" lands in the Annual Housing Element Report due in April of each year. There is one parcel referred to in this report subject to the SLA that may be eligible for disposition, which will be more particularly described in the Analysis section of this staff report. Financial Impact: There is no immediate fiscal impact associated with this action. Any agreement approving a conveyance of interest in City property will be brought before the City Council for consideration, including any costs or revenues associated with such transaction Recommended Action: A) Declare one City-owned property located near Holly Lane and Main Street (APN 159-281-04) as ..exempt surplus land" as defined in Government Code Section 54221(f); and, B) Adopt Resolution No. 2022-14, "A Resolution of the City Council of the City of Huntington Beach Declaring Certain Real Property Owned by the City (APN 159-281-04) is Exempt Surplus Land Not Necessary for the City's Use Pursuant to the Surplus Land Act and Finding That Such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act," including written findings, supporting the declaration City of Huntington Beach Page 1 of 2 Prinlen on 3,30:2022 481 File #: 22-291 MEETING DATE: 4/5/2022 Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: Effective January 1, 2020 Assembly Bill (AB) No. 1486 and AB No. 1255 amended the SLA requiring local agencies to formally declare publicly owned property not necessary for the local agency's use as "surplus land" or "exempt surplus land" before beginning the disposition process. Surplus land must follow a statutory noticing and negotiation period with certain designated entities, including eligible housing sponsors defined by the California Department of Housing and Community Development (HCD). Multiple categories qualify land as "exempt surplus land" that does not have to follow the procedural requirements of the Surplus Land Act. APN: 159-281-04; Size 0.08 acres This parcel is of varying width and approximately 280 feet long for a total of approximately 3,374 square feet. The parcel access is from Holly Lane to the west and Main Street to the east. It is bounded by private property to the north and south. See Attachment 1 for property details. The property was acquired by the City in 1964 to allow Standard Oil Company to lay down an oil pipeline and is encumbered with a utility easement to the benefit of Standard Oil or their successors. The parcel is held in fee by the City; however, the City has no use for this property. The owner of adjacent parcels has assembled the surrounding land for a development project and has expressed interest in purchasing this parcel from the City. Prior to disposing of this parcel, the City must declare the property either "surplus lands" or "exempt surplus lands". This parcel qualifies as "exempt surplus lands" because it is less than 5,000 square feet and less than the minimum legal residential building lot size required under the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). This property must be sold to an owner of contiguous land to be considered "exempt surplus land". If the City Council were to want to sell the parcel it would be to an adjacent owner of contiguous land, which purchase and sale agreement will come before the City Council at a future date. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Therefore, the declaration of property as "exempt surplus land" is exempt in accordance with CEQA Guidelines Section 15060(c)(3). Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Property details 2. Resolution No. 2022-14 City of Huntington Beach Page 2 of 2 Printed on 3/30/2022 mo erc482 LeostaC- RESOLUTION NO. 2022-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY OWNED BY THE CITY (APN 159-281-04) IS EXEMPT SURPLUS LAND NOT NECESSARY FOR THE CITY'S USE PURSUANT TO TI-IE SURPLUS LAND ACT AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW U\DER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Huntington Beach ("City') is the owner in fee simple of that certain real property identified as Assessor Parcel Number 159-281-04 located within the City of Huntington Beach and described in Exhibit ".A", attached hereto and incorporated herein (the "Property")-. and Pursuant to the California Surplus Land .Act (Government Code Sections 54220-54233) (the "SLA"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use; land must be declared either surplus land or exempt surplus land; and Pursuant to the SLA. land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and The City Council desires to declare that the Property is exempt surplus land because it is not necessary for the City's use or future use, is less than five thousand (5,000) square feet, is less than the minimum legal residential building lot size required under the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and is proposed to be sold to an owner of contiguous land. The accompanying staff report (attached hereto and incorporated herein by reference) provides additional supporting information upon which the declaration and finding set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1 : The above recitals are true and correct and are a substantive part of this Resolution. 1 22-11176/279882 RESOLUTION NO. 2022-14 SECTION 2: The City Council hereby declares the Property is exempt surplus land because it is not necessary for the City's use and is less than five thousand (5,000) square feet which meets the criteria of exempt surplus land under the SLA. SECTION 3: This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the 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. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 4: The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 51h day of April, 2022. Mayor ATTEST: APPROVED AS TO FORAM: City Clerk S�City Attorney REVIE\VED AN APPROVED: INITIATED AND .APPROVED: City anager U Community Development D� irector A-CfACHNIENfS Exhibit A: Legal Description R 50UJn6Al No. 2622- W G(W81T 'A' Figure 1 : Property Details D I A Y ' llnh MF ,a n `I. 1 At Subject Property r t` n Unit 14 � 190 e r / r e 52 i" Property Details n ♦ ♦ A + � AP N: 159-281-04 F n'� _ Lot and Block Number: Lot 33, Block A Tract No. 286 ry Ct Size: -0.08 acres (3,373.77 square feet) ry Ct Owner: City of Huntington Beach r. t Yi Last Market Sale: 03/03/1964 Zoning: Holly-Seacliff Specific Plan (SP9) Res. No. 2022-14 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on April 5, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California