HomeMy WebLinkAboutRes 2023-031RESOLUTION NO. 2023-031
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 (APN) 627-101-002, 627-101-17,
627-101-033, 627-101-061, 627-101-062, AND ADJACENT RIGHT OF
WAY 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 with APNs 627-101-002, 627-101-017, 627-101-033, 627-101-061,
627-101-062, and adjacent Right of Way 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, a portion of the Property, being APN 627-101-002, is improved with
an unoccupied single-family home, and the balance of the Property is unimproved and
none of the Property is 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.
DocuSign Envelope ID: 836ADF11-1D11-45F2-91FD-DF4FCC511AE6
Resolution No. 2023-031 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 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 JULY 13, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: 836ADF11-1D11-45F2-91FD-DF4FCC511AE6
Resolution No. 2023-031 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-031 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 July 13, 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
DocuSign Envelope ID: 836ADF11-1D11-45F2-91FD-DF4FCC511AE6
7/14/2023
APN:627101033
APN:627101061
APN:ROW
APN:627101002
APN:627101017
APN:627101062 APN:627101033
APN:627101061
APN:ROW
APN:627101002
APN:627101017
APN:627101062
Date:
1/31/2019
I
VICINITY MAP
APN(s) 627-101-002, 017, 033, 061, 062
& ROW westerly of 061, 062 of size ~4,672sf
City Owned
1.55 Acres
Resolution No. 2023-031 EXHIBIT "A"Page 4DocuSign Envelope ID: 836ADF11-1D11-45F2-91FD-DF4FCC511AE6