HomeMy WebLinkAboutRES 2022-088RESOLUTION NO. 2022-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION
54234(a)(1) THAT CERTAIN REAL PROPERTY OWNED BY THE CITY
LOCATED AT THE SOUTHEAST CORNER OF FRED WARING DRIVE
AND SAN PABLO AVENUE IN THE CITY IS NOT SURPLUS LAND; AND
TAKING RELATED ACTIONS
WHEREAS, the City of Palm Desert ("City") is the owner in fee simple of that
certain vacant real property, which totals approximately 1.54 acres in size, and which is
located in the City at the southeast corner of Fred Waring Drive and San Pablo
Avenue and identified as Assessor's Parcel Nos. 627-101-002, 627-101-017,
627-101-033, 627-101-061, 617-101-062, and ROW ("City Parcels"); and
WHEREAS, pursuant to Section 54234(a) of Surplus Land Act, Government Code
Sections 54220-54234, (the Act), if a local agency, as of September 30, 2019, has entered
into an exclusive negotiating agreement to dispose of property, the provisions of the Act
as it existed on December 31, 2019, shall apply, without regard to the changes made to
the Act by Assembly Bill 1486 and all subsequent amendments to the Act, (the "Prior Act")
to the disposition of that property to the party that had entered into such exclusive
negotiating agreement or its successors and assigns, provided the disposition is
completed not later than December 31, 2022; and
WHEREAS, on March 14, 2019, the City entered into an exclusive negotiating
agreement ("ENA") with Chandi Group USA, Inc. ("Chandi") for the negotiation of a
disposition and development agreement providing for the sale of the City Parcels to
Chandi and the development by Chandi thereon of a lifestyle commercial center
consisting of sixty (60) residential units above approximately 14,000 square feet of retail
(the "Project"); and
WHEREAS, the City now intends to sell the City Parcels to Chandi pursuant to a
disposition and development agreement that provides for the disposition of the City
Parcels to Chandi on our prior to December 14, 2022, and the development of the Project
on the City Parcels by Chandi; and
WHEREAS, the Prior Act applies to the disposition of the City Parcels as long as
the disposition is completed by December 31, 2022; and
WHEREAS, under the Prior Act, surplus land is land owned by a local agency that
is determined to be no longer necessary for the agency's use; and
WHEREAS, the Prior Act did not define "agency's use" or deem land to not be
necessary for agency's use if the land is disposed of for commercial uses; and
WHEREAS, the City Parcels are necessary for the City's use because the sale of
the City Parcels to Chandi and the development of the Project thereon is for the purpose
RESOLUTION NO. 2022-88
of creating economic opportunity in that the disposition and development agreement
creates, expands or retains new jobs and increases property tax revenues; and
WHEREAS, because the City Parcels are necessary for the City's use, the City
Parcels are not surplus land under the Prior Act and the disposition is not subject to the
Prior Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
SECTION 2. The City Council hereby finds that because the City and Chandi
entered into the ENA prior to September 30, 2019, the Prior Act applies to the disposition
of the City Parcels provided the disposition is completed by December 31, 2022.
SECTION 3. The City Council hereby further finds that the City Parcels are
necessary for the City's use and are not surplus land under the Prior Act because the
disposition and development agreement for the sale of the City Parcels and the
development of the Project on the City Parcels creates an economic opportunity for the
benefit of the City.
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"). Staff has determined that the property is surrounded by existing urban
development, is under 5-acres in size, complies with the General Plan, and 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 (California Code of
Regulations, Title 14, Section 15000, et seq.) and has found that the project is exempt
from review under Class-32 infill exemption as set forth under the Existing Approvals,
which satisfies CEQA for purposes of this project.
SECTION 4. The City Clerk is directed to file a Notice of Exemption pursuant to
CEQA Guidelines Section 15062.
SECTION 5. Staff of the City are hereby authorized and directed to provide a copy
of this Resolution to the California Department of Housing and Community Development
("HCD") in the form and manner required by HCD at least 30 days prior to the disposition
of the City Parcels.
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