Westminster City Council
SUBJECT
Title
Resolution to Remove the Existing Right-of-Way Designation from City-Owned Land and to Enable Staff to Prepare the Site for Future Development and City Use.
End
From: Christine Cordon, City Manager
Requested by: Administration
Prepared by: Stephanie Tomaino, Contract Principal Planner
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RECOMMENDED ACTION
Recommendation
Consider adoption of a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, REMOVING THE EXISTING RIGHT-OF-WAY DESIGNATION FROM CITY-OWNED LAND LOCATED WEST OF EDWARDS STREET AND NORTH OF THE I-405 FREEWAY AND TO ENABLE THE CITY ENGINEER TO PREPARE THE SITE FOR FUTURE DEVELOPMENT AND USE BY THE CITY.”
BACKGROUND
The subject property is City-owned land located west of Edwards Street and north of the Interstate 405 freeway. The site is near an undeveloped residential parcel (APN 195-291-03) and an existing 12-unit apartment complex located at 14261 Edwards Street (APN 195-291-02). An aerial map illustrating the subject property is provided as Attachment 2. The site, totaling 21,603 sq. ft. in area, is currently an undeveloped right-of-way. The site includes the former street and undeveloped land adjacent to the freeway overpass. The subject property is currently used by the Orange County Transportation Authority (OCTA) for the 405 Improvement Project. Since certain elements of the 405 Improvement Project will be completed soon, the City now intends to clarify the property’s legal designation, facilitating future development and City use.
A resolution is provided as Attachment 1 to allow the City to remove the right-of-way designation from the subject property so that it may be used for non-right-of-way purposes. The attached City Council resolution would establish the subject property as a legal parcel for development and City uses. Adoption of the resolution would enable staff to complete any required actions to facilitate legalization and cleanup of the site, including but not limited to:
• Updated Legal Records: A licensed surveyor has prepared a land survey and legal description identifying the boundaries of the subject property, which is provided as Exhibits A and B to Attachment 1. Additional administrative filings are required with the County of Orange for the site to be listed on the County's property records database, including the assignment of an Assessor’s Parcel Number.
• Zoning and General Plan: Public right-of-way is generally not shown on city maps for zoning or General Plan land use. Because the right-of-way designation would be removed from the subject property, administrative map updates would also need to be prepared to add the property to the city's official zoning map. The site would be given a zoning designation of M-1 (Light Industrial). Additionally, the property would be added to the General Plan Land Use Map and it would be assigned a land use classification of Industrial. The M-1 zoning designation and Industrial land use classification are consistent with adjacent properties in the project vicinity.
• Future Uses: At previous City Council meetings, the City identified the subject property as an eligible site for development of a City-owned digital freeway billboard. After an extensive Request for Proposals (RFP) process and evaluating multiple qualified firms, the City Council entered into a lease and operating agreement with Branded Cities to develop, construct, operate, and maintain a digital billboard on the subject property. A copy of the December 13, 2023, City Council staff report and attachments approving the lease and operating agreements is provided as Attachment 3. As the lessor, Branded Cities is responsible for developing the future City-owned billboard. Branded Cities will need to submit applications and detailed plans to the City and obtain entitlement and building permit approvals from the Planning Commission and Community Development Department, respectively, prior to constructing the digital billboard. As the property owner, the City is responsible for updating the administrative records to make the property available for development, including removing the existing right-of-way designation. The future billboard would comprise only a portion of the subject property. In addition to the future billboard, the Public Works Department anticipates using the site for long-term storage to support City operations and staging for city improvements and maintenance projects.
• Future Improvements: The property is currently vacant and undeveloped. An existing chain link fence surrounds a portion of the property along Edwards Street, but the site is largely unsecured. The site is currently used by OCTA for the 405 Improvement Project. Following a preliminary assessment, the Public Works Department anticipates various upgrades to the site, including the installation of curb and gutter; perimeter security fencing; paving; and vehicular access gates. Adoption of the attached resolution does not authorize these future site improvements. Any proposed upgrades will require preparation of detailed plans and be subject to future City review and approval.
The subject property is not intended to be sold; it would remain under city ownership and be used and developed for city purposes only.
FISCAL IMPACT
Adoption of the resolution to remove the right-of-way designation from the subject property will not have a direct fiscal impact. This action is intended solely to clear the legal designation of the site, enabling future improvements and potential development by the City. Any future development or improvements on the site would be subject to separate City approvals and may have associated fiscal impacts at that time.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Adopting the proposed resolution will allow the City to prepare the property for future City uses by removing the right-of-way designation. This step will allow for updates to the property’s legal records and will assign zoning and General Plan designations consistent with nearby areas. Adoption of the resolution will also pave the way for potential future improvements, including a City-owned digital billboard under the existing lease agreement with Branded Cities, while keeping the property under City ownership. This action is part of the City Council’s ongoing efforts to enhance economic development and achieve fiscal stability.
ATTACHMENTS
1. City Council Resolution
2. Aerial Map
3. December 13, 2023: City Council staff report and attachments
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager