HomeMy WebLinkAboutAdopt Resolution 2022-37 Declaring a Certain Public Easement 2000 Main Street,
Huntington Beach,CA
City of Huntington Beach �ea92648 6_0_
File #: 22-746 MEETING DATE: 9/20/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Sean Crumby, Director of Public Works
PREPARED BY: William Krill, Real Estate and Project Manager
Subject:
Adopt Resolution 2022-37 Declaring a Certain Public Easement Area 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 transfer 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 Easement area 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.
Recommended Action:
A) Declare a portion of the City-owned public right of way easement located near the intersection of
Huntington Street and Atlanta Avenue as "exempt surplus land" as defined by Government Code
Section 54221(f); and,
B) Adopt Resolution No. 2022-37, "A Resolution of the City Council of the City of Huntington Beach
Declaring That an Undeveloped Portion of an Existing Street and Public Utility Easement Along the
Eastside of 102 & 104 Huntington Street, Huntington Beach, is Exempt Surplus Land Pursuant to
Government Code Sections 54221 (F) (1) (B) and 54221 (F) (1) (E), and Making a Finding of
Exemption Under CEQA," including written findings, supporting the declaration.
City of Huntington Beach Page 1 of 3 Printed on 9/14/2022
powered LegistarT'
File #: 22-746 MEETING DATE: 9/20/2022
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 first with certain designated entities, including
eligible housing sponsors defined by the California Department of Housing and Community
Development (HCD). In contrast, multiple categories qualify land as "exempt surplus land" that does
not have to follow the procedural requirements of the Surplus Land Act.
Easement Area: 134 SQFT, .003 acres
The easement area is comprise primarily of the north east curve radius of the intersection at
Huntington Street and Atlanta Avenue. The subject easement has been determined to be excess right
-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation or for
public utility access See Attachments B and C for detailed Plat and Legal.
The City holds easement rights to the subject location via an Easement Deed recorded in 1977
(Attachment A). The underlying fee owners are the adjacent property owners of both 102 and 104
Huntington Street. The City has no use for this portion of the subject easement. The owners of the
adjacent parcels have expressed interest in this excess easement area being vacated by the City.
This easement vacation will have no impact on the remaining easement for streets and public
utilities.
Prior to disposing of this parcel, the City must declare the property either "surplus lands" or "exempt
surplus lands". This easement area 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). Therefore, this property must be
transferred to an owner of contiguous land to be considered "exempt surplus land". Additionally, this
easement area qualifies as "exempt surplus land," because it is a former street, right of way, or
easement and will be conveyed to an owner of an adjacent property. If the City were to vacate the
described easement area, the ownership would revert to the adjacent property owners who are the
underlying fee owners.
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
City of Huntington Beach Page 2 of 3 Printed on 9/14/2022
poweredZ%Legistar—
File #: 22-746 MEETING DATE: 9/20/2022
Attachment(s):
1. Resolution 2022-37
2. (A) Easement Area Legal Description
3. (B) Easement Area Plat Map
4. (C) Easement Deed
City of Huntington Beach Page 3 of 3 Printed on 9/14/2022
powered1j,Legistar—
RESOLUTION NO. 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DECLARING THAT AN UNDEVELOPED PORTION OF AN
EXISTING STREET AND PUBLIC UTILITY EASEMENT ALONG THE
EASTSIDE OF HUNTINGTON STREET AT 102 AND 104 HUNTINGTON
STREET, HUNTINGTON BEACH, IS EXEMPT SURPLUS LAND
PURSUANT TO GOVERNMENT CODE SECTIONS 54221(F)(1)(B) AND
54221(F)(1)(E), AND MAKING A FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City of Huntington Beach is the owner of an Easement Deed of a 134
square foot undeveloped portion of an existing street and public utility easement adjacent to real
residential property located at 102 & 104 Huntington Street, Huntington Beach (Assessor's
Parcel Map No. 024-261-16, and as legally described in Exhibit "A," and depicted in Exhibit
"B," respectively, attached hereto and incorporated by this reference; and
WHEREAS, the property legally described in Exhibit A and depicted in Exhibit B is
referred to herein as the "Property;
WHEREAS,the recorded Easement Deed is attached hereto as Exhibit"C."
WHEREAS, City staff determined that the existing 32-foot corner radius area (measuring
approximately 134 square feet) is in excess of what is necessary for the existing local street
designations, and have proposed to vacate the excess corner radius right-of-way, for return to the
adjacent property owners.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find
and resolve as follows:
1. The above recitals are true and correct.
2. The City Council hereby declares that, pursuant to Government Code Section
54221(f)(1)(B), the Property is "exempt surplus land" exempt from the disposition procedures of
the Surplus Land Act because it is less than five thousand (5,0000) square feet, and is less than
the minimum legal residential building lot size for the City. In addition, pursuant to Government
Code Section 54221(f)(1)(E), the Property is "exempt surplus land" exempt from the disposition
procedures of the Surplus Land Act because the Property is an easement consisting of excess
corner radius right-of-way that will be conveyed to the adjacent property owners.
3. CEQA. This Resolution has been reviewed with respect to the applicability of the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines. It has been
determined that the adoption of this Resolution will not have a significant environmental impact
and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations. It can be seen with certainty that there is no possibility that the declaration of
property as exempt surplus may have a significant effect on the environment, as no development
is authorized by this Resolution.
Resolution No. 2022-37
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of September , 2022.
4*Mayor
REVIEW D AND APP OVED. APPROVED AS TO FORM:
City Manage- ity ttorney
ITIATED AND APPRO
I
Director of Public 109,Ls
22-11382/289804 2
�a • ,Z.a z z - 3 7
SHEET 1 OF 1
LEGAL DESCRIP77ON
THOSE POR77ONS OF LOTS 19 AND 20 OF BLOCK 103 OF VISTA DEL MAR TRACT,
AS SHOWN ON A MAP RECORDED IN BOOK 4, PACE 5, MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNT?, CALIFORNIA, BEING DESCRIBED AS FOLLOWS.•
THAT PORTION LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY
AND HA14NG A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE
WEST TO THE WEST LINE OF SAID LOT 19 AND TANGENT ON THE SOUTH TO
THE SOUTH LINE OF SAID LOT 20.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A CURVE
CONCA VE NOR THEASTERL Y AND HA WNG A RADIUS OF 20.00 FEET, SAID CURVE
BEING TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 19 AND TANGENT
ON THE SOUTH TO THE SOUTH LINE OF SAID LOT 20.
CONTAINING AN AREA OF 134 SO. FT., MORE OR LESS.
1.ANp 3G9y
No.4693 � � PREPARED BY
EMERALD ENGINEERING
18600 MAIN STREET, SUIT 160
HUNTINGWN BEACH, CA 92648
OF
SITFADDRESS _ 3 24
DONALD & BAKER DA7E
102 do 104 HUN7INO70N S1REE T L S: 4683
HUN77NGTON BEACH, CA.. 92648
T'�.V T�T D T'1" 4
a1•si�tl
.J(�,O .
SHEET 1 OF 1
PLAT
VACATION OF PUBLIC-RIGHT-OF-WAY
IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA.
MARCH 25, 2021
-- 1
ALLEY
FRaPa?rY ow
27' 21
CONTACT PERSON:
STEW MARION, OWNER 102 HUNANCTON STREET, LOT 19 LOT 20
A.F.N. 024-261-17 j
105 ALABAMA STREET, BLOCK 103 U
HUM77MGM BEACH, CA 92648 V.D.M. SEC. 3 `
M.M. 416
4.,
CRAIG L. MVD, OWNER 104 HUNANGTON STREET, ~
A.P.N. 024-261-16
104 HUNANC ON STREET W �i
HUNANGTON BEACH, CA 92648
JO' 24,75"
z v 2 N w 34.75' Q
� o �a
-•�— ---e!!-s z
Lo
�J `N /� �
W 6' s�. `j
O
EXIST. RIW
EXIST. CURB
N dt GUTTER
LEaEAU�- +� HUN771VGTON STREET
OINDICATES AREA TO REMAIN AS PUBLIC RIGHT-Of-WAY.
INDICATES AREA TO BE VACATED 9Y CITY OF HUNTINGTON BEACH
PREPARED BY
�'"�'' �� EMERALD ENGINEERING
18600 MAIN 57REET, SUITE 160
y� tz w HLIN77NGTOIV BEACH, CA 92648
&7E ADEVESS
to 104 HUNANGTON STREL�T OF ,ALN� DLWALD G. BAK DATE
1 L..S 4683
HUNANGTON BEACH, CA.. 92648
/16rsp .
P. #024
A. -260=24
1977 BK 12273PG 1.463
RECORDING REQUESTED BY
RECORDED IN OFFICIAL RECORDS
CITY OF HUNTINGTON BEACH. OF ORANGE COUNTY,CALIFORNIA
And when recorded mail to EXEMPT
5 Min• 9 •A M.JUL 11, 1977
City Clerk C 5 Pelet .
City of Huntington Beach J.WYLIE CARLYLE;County Recorder
P.O.Box 190
Huntington Beach,California W648 Spa ee above this InetorReuaraer•au.e
EASEMENT DEED '
Tax•'cxempt•Government Agency
77eundercignederantor(a)Iledare(a): n City of .i'iU;Itlllgton Beach
Documentary transfer tax I.S - 295�//ii[[ .Alicia"1.Wentworth -
( ) computed on full value of property conveyed,or t r!'� � � City Clerk
:ir G
( )computed on full value lea slue of Hem and eocumbranoee remaining at
al dtaa o[We. _�
. ( ) Unfncorponted area: O City of ,,I,�yf -------_-------------------...�.........
Deputy city Clerk
FOR A VALUABLE.CO.NSIDERATION,receipt of which is hereby acknowledged,
George Renek and Ronald V. Fought
do hereby GRANT to the CITY OF HUN71NGTON BEACH,a municipal corporation,a perpetual easement
and right of way for . ;street and public utility purposes in, on,over,tinder
and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of
California,desedbed as follows:
Those portions of Lots 19 and 20 of Block 10.3 of vista Del Mar
..Tract, as shown on a map recorded in Book..4 Page 5, Miscellaneous
Maps, records of said County, being described as follows:
That portion lying southwesterly of a curve concave northeasterly
and having a radius of .32.00 feet, said curve being tangent on the
west.to the west line. of said Lot 19 and tangent on the south to
the south line of said Lot .20.
j
AFLROVED AS TO FORK:
DON F—BONFA
s, City tttomey
BY:
Deputy City A'ttoraey
Dated
STATE OF CALIFORN[A Ss.
COUNTY OF 02m q r- -
on tine, .2 1 L9. ;' before me,the under _
signed, a Notary Publi,in and for said State,personae .a�peared
6! _![�
kRown to me OFFICIAL.SEAL
to be the person Whose name ^•b++bed to the within CARROLLEEN A. WIELAND
NOTARY PUBLIC r CALIFORNIA
instrument and acknowledged that._" executed the nine. PRINCIPAL OFFICE IN
WITNFSS my hand and official Beal. ORANGE COUNTY
CommUdon EaPlma May 19. 1981
• Sgnatuscl...A.�yt`^'G/RJ YL._Y/ �..�..Yi
(This am for official notarial seal)
` EX+ffBI'-A
ai
W
a) 41 u O a)
[f' v OJJ .O
(1) o a).Z•a U
to a) •rl ;J> O a) aOi
" � Co j a -44 0oaa
x 14 44 w�w $4-r4
c gn
N
0 r �c00 ° �' z
cx:� LL w Wn 4 tJ r+ w O z
U w9 0 0v•O'tlN z W
O a.w 0 O O O 0-H t-+ �
wUa6k �
j O ft-a N
H d a) CL 0) R.l1N 1j
E-1 �1 �•rl CO -r-�f� ^� �.
6 a uco wurnoa W
Q
Aj
pG 0 O W a) cN iJ U Pq
1�� W w �4 UZOo7N
a�uwV i z�
."+ to O z cn 6 >t
.0 AoNOOw
o oGOx z b
►� X 4J 4J•r4 O N 34
m 4 � 0Wo° n.s
tJ rn-A a) " O �J
H Wv '+ O*0 �
H,-4 W 0
a -,4 co, W. U CO,rC-24
$ �w•Z Z W 04 o a v a M
O '0 iJ.n 44 A C U a
W 0•4 O'o O C) h
tJ V'L7 a) 11 14
w CC a)r4 14 CO
•,4'L3 G) iJ-A N O Q) ••
Jr a U a)•r4 4 v
',. ,D*-, a�'o u a) v w 4J 4J v
i a) 0 � a.za) OuoO
E-+'U tj N 0 U
Res. No. 2022-37
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 September 20, 2022 by the following vote:
AYES: Peterson, Bolton, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: Posey
RECUSE: None
164A e e
City Clerk and ex-officio Clerk%of the
City Council of the City of
Huntington Beach, California