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HomeMy WebLinkAboutSA-RDA 098RESOLUTION NO. SA-RDA 098 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTIES OWNED BY THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY LOCATED AT 44870 SAN ANTONIO CIRCLE (APN 627-071-067), 44850 SAN ANTONIO CIRCLE (APN 627-071-068), 44887 SAN ANTONIO CIRCLE (APN 627-071-069), AND SAN CLEMENTE CIRCLE (APN 627-074-014), ARE SURPLUS LAND AND NOT NECESSARY FOR THE AGENCY'S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the Successor Agency to the Palm Desert Redevelopment Agency ("SARDA") is the owner in fee simple of those certain real properties located at 44870 San Antonio Circle (APN 627-071-067), 44850 San Antonio Circle (APN 627-071-068), 44887 San Antonio Circle (APN 627-071-069), San Clemente Circle (APN 627-074-014) ("Properties"); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 ("Act"), surplus land is land owned in fee simple by SARDA for which the SARDA Board takes formal action in a regular public meeting declaring the land is surplus land and not necessary for SARDA's use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for SARDA's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the SARDA Board for SARDA work or operations; and WHEREAS, the Properties, which are vacant, are not being used for SARDA work or operations and SARDA staff has evaluated the Properties for its potential to be used for SARDA work or operations; and WHEREAS, SARDA staff has determined that the Properties are not suitable for SARDA's use; and WHEREAS, the SARDA Board desires to declare that the Properties are surplus land and not necessary for SARDA's use; and WHEREAS, the Act requires that before the SARDA Board disposes of the Properties or engages in negotiations to dispose of the Properties, SARDA shall send a written notice of availability of the Properties to certain designated entities in accordance with the Act. Resolution SA-RDA 098 Page 2 NOW, THEREFORE, the SARDA Board hereby resolves as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The SARDA Board hereby declares that the Properties are surplus land and not necessary for SARDA'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 SARDA'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"). SARDA 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 SA-RDA 098 Page 3 SECTION 6. The officers and staff of SARDA 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. ATTEST: ANTHONY J. MEJIA CITY CLERK Katltteef! Kett11 Kathleen Kelly (Dec 21, 2022 1's".s2 PST) KATHLEEN KELLY MAYOR I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. SA-RDA 098 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: NOES: ABSENT: ABSTAIN: RECUSED: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY NONE NONE NONE NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _D_ec_2_1 , 2_0_2_2 ____ _ ANTHONY J. MEJIA CITY CLERK