HomeMy WebLinkAboutRES 2022-102RESOLUTION NO. 2022-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT
CODE SECTION 54221 THAT CERTAIN REAL PROPERTIES OWNED
BY THE CITY LOCATED AT 44911 CABRILLO AVENUE (APN 625-082-
022 AND 44911 CABRILLO AVENUE (APN 625-082-023) ARE
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 those
certain real properties located at 44911 Cabrilllo Avenue (APN 625 -082-022) and 44911
Cabrillo Avenue (APN 625-082-023) in the City of Palm Desert (“Properties”); 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 Properties, both of which are vacant with a structure on them,
are not being used for City work or operations and City staff has evaluated the
Properties for its potential to be used for City work or operations; and
WHEREAS, City staff has determined that the Properties are not suitable for the
City’s use; and
WHEREAS, the City Council desires to declare that the Properties are surplus
land and not necessary for the City’s use; and
WHEREAS, the Act requires that before the City Council disposes of the
Properties or engages in negotiations to dispose of the Properties, the City shall send a
written notice of availability of the Properties to certain designated entities in
accordance with the Act.
Resolution No. 2022-102 Page 2
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 declares that the Properties are 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 Properties, 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 Properties 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 Properties 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
Properties are sold to a purchaser and that purchaser proposes a use for these
Properties 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.
Resolution No. 2022-102 Page 3
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 Properties in compliance with the Act.
ADOPTED ON DECEMBER 15, 2022.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2022-102 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on December 15, 2022,
by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Palm Desert, California, on _____________________.
ANTHONY J. MEJIA
CITY CLERK
Kathleen Kelly (Dec 21, 2022 15:53 PST)
Kathleen Kelly
Anthony Mejia (Dec 21, 2022 15:54 PST)
Anthony Mejia (Dec 21, 2022 15:54 PST)
Dec 21, 2022