HomeMy WebLinkAboutRes 2023-017RESOLUTION NO. 2023-017
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 WITH ASSESSOR’S
PARCEL NUMBERS 620-370-002 (.20 ACRES), 620-370-003 (.20 ACRES),
620-370-004 (1.56 ACRES), 620-370-017 (.69 ACRES), 620-370-018 (1.02
ACRES), 620-370-020 (3.61 ACRES), 620-370-033 (.94 ACRES), 620-370-
043 (2.92 ACRES) 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 that certain
real property with Assessor’s Parcel Numbers (APN) 620-370-002 (.20 acres), 620-370-003
(.20 acres), 620-370-004 (1.56 acres), 620-370-017 (.69 acres), 620-370-018 (1.02 acres),
620-370-020 (3.61 acres), 620-370-033 (.94 acres), 620-370-043 (2.92 acres) 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; and
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.
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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.
ADOPTED ON June 22, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
__________________ _
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-017 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 June 22, 2023, 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
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7/3/2023