HomeMy WebLinkAboutRes 2023-033RESOLUTION NO. 2023-033
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 NUMBER (APN) 627-164-012 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 APN 627-164-012 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, 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. 2023-033 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
RESOLUTION NO. 2023-033 EXHIBIT "A" Page 4DocuSign Envelope ID: 836ADF11-1D11-4D5D-9A0C-B5CBCC51D49B