HomeMy WebLinkAboutRES 2022-067 RESOLUTION NO. 2022-67
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221
THAT CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT
45656 MOUNTAIN VIEW AVENUE IS SURPLUS LAND AND NOT
NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING
RELATED ACTIONS.
WHEREAS, the City of Palm Desert ("City") is the owner in fee simple of that
certain real property located at 45656 Mountain View Avenue in the
City of Palm Desert and described in Exhibit "A," attached hereto and made a part of
hereof ("Property"); and
WHEREAS, under the Surplus Land Act, Government Code Sections 54220-
54234 ("Act"), 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 land
and not necessary for the City's use. The land must be declared either surplus or exempt
surplus land; and
WHEREAS, under the Act, 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
WHEREAS, the Property, which is improved with an unoccupied single-family
home, is not being used for City work or operations and City staff has evaluated the
Property for its potential to be used for City work or operations; and
WHEREAS, City staff has determined that the Property is not suitable for the City's
use; and
WHEREAS, the City Council desires to declare that the Property is surplus land
and not necessary for the City's use;
WHEREAS, the Act requires that before the City Council disposes of the Property
or engages in negotiations to dispose of the Property, the City shall send a written notice
of availability of the Property to certain designated entities in accordance with the Act;
and
NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
RESOLUTION NO. 2022-67
SECTION 2. The City Council hereby declares that the Property is surplus land
and not necessary for the City's use within the meaning of the Act. The basis for this
declaration is that due to the size, location, and development on the Property, the site is
not feasible for the City's use.
SECTION 3. The City Clerk is hereby directed to send a notice of availability of the
Property for sale, to the entities designated in Government Code Section 54222
("Designated Entities") by electronic mail or by certified mail.
SECTION 4. 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 the Property as surplus
land 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 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 5. The City Clerk is directed to file a Notice of Exemption pursuant to
CEQA Guidelines Section 15062.
SECTION 6. The officers and staff of the City are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the
purposes of the Resolution, and any such actions previously taken are hereby ratified and
confirmed. Such actions include negotiating in good faith in accordance with the
requirements of the Act with any of the Designated Entities that submit a written notice of
interest to purchase the Property in compliance with the Act.
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RESOLUTION NO. 2022-67
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert,
California this 14th day of July, 2022 by the following vote:
AYES: KELLY, QUINTANILLA, and JONATHAN
NOES: NONE
ABSENT: NESTANDE and HARNIK
ABSTAIN: NONE
SABBY JONATHAN, MAYOR'PRO-TEM
ATTEST:
ANTHONY J. MEJIA , ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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