DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Title
Adopt a Resolution Vacating the Former Whitesell Street Right-of-Way (with Reservation of Utility Easements), Declaring the City-Owned Portion and Adjacent Parcel Surplus Land, Authorizing Negotiation of Disposition, and Finding the Action Exempt from CEQA Review
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RECOMMENDATION
Recommendation
That the City Council adopts a resolution (Attachment II) vacating the former alignment of Whitesell Street right-of-way, with reservation of easements for the existing 15-inch storm drain line and 12-inch water main across the entire corridor, pursuant to the provisions of the Streets and Highways Code pertaining to vacation of streets; and declaring the City-owned portion of the vacated right-of-way together with the adjacent City-owned parcel located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street (acquired from 25500 Whitesell Street for the Whitesell Street realignment but left unused) as “Exempt Surplus Land” pursuant to the Surplus Land Act (Attachment III and Attachment IV). Additionally, authorize the City Manager to negotiate the disposition of this exempt surplus land to the adjoining property owner, and finding that declaring the property exempt surplus land and disposing of it are actions that are exempt from CEQA review.
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SUMMARY
Surplus Land Act requires that when cities, counties, transit agencies and other local agencies sell or lease their land for periods exceeding 15 years, they must prioritize it for affordable housing development. The land must be declared either “Surplus” or “Exempt Surplus” as supported by written findings before a local agency may take any action to dispose of it. Exempt Surplus Land does not need to be offered to affordable housing developers prior to disposition. The governing board of a local agency may adopt a resolution declaring the property to be “Exempt Surplus Land” pursuant to Section 54221(f)(1) at a regular public meeting supported by written findings that the land is of one or more of the following types:
o Land is less than one-half acre (21,780 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/moderate income housing.
o Surplus land is a former street right-of-way/easement and will be offered for merger with an adjoining property.
The subject properties (shown on Attachment IV) consist of:
• The easterly 0.32-acre half of the 0.64-acre former Whitesell Street right-of-way (shown on Attachment III), which the City owns as the adjacent property owner, subject to reservation of easements for the existing storm drain line and water main across the corridor; and
• An adjacent fee parcel 0.48 acres (shown and called out on Attachment III) located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street, acquired in 2013 from 25500 Whitesell Street for the Whitesell Street realignment project but left unused.
Together, these properties total approximately 0.8 acres (shown in Attachment IV)
The properties qualify as “Exempt Surplus Land” under the Surplus Land Act because the City’s portion of the former Whitesell Street right-of-way is a former street that will be offered for acquisition to the adjacent property owner, and the 0.48 acre parcel is less than ½ acre and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
California Streets and Highways Code section 8330(a) authorizes summary vacation of a street or highway that has been superseded by relocation, as is the case here. Additionally, Streets and Highways Code section 8340 authorizes a public entity to reserve from vacation of a street or highway, easements for sanitary sewers and storm drains, and pipe, conduit and other structures for the conveyance of water.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Vacation of Portion of Whitesell Street
Attachment IV Surplus Property Whitesell & Breakwater