HomeMy WebLinkAboutRes 2023-032RESOLUTION NO. 2023-032
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) 640-370-018 AND 640-370-
016 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 APN 640-370-018 and 640-370-016 in the City of Palm Desert
and described in Exhibit “A,” attached hereto and made a part 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, 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.
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.
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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 JULY 13, 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. 2023-032 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
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7/14/2023
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