HomeMy WebLinkAboutRes 2024-056RESOLUTION NO. 2024-056
RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT
DECLARING PURSUANT TO GOVERNMENT CODE SECTION
54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT
THE TERMINUS OF EXPLORER DRIVE IS EXEMPT SURPLUS
LAND, AND FINDING THAT SUCH DECLARATION IS NOT A
PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Palm Desert (the “City”) is the owner in fee simple of
that certain real property described in Exhibit “A”, attached hereto and incorporated
herein, known as a right of way portion of the terminus of Explorer Drive which
property is approximately 0.13 acres or 5,821 square feet in size and is located
within the City of Palm Desert (“Property”); and
WHEREAS, the Property is less than one half acre in area, or 21,780 square
feet, and it is not contiguous to land owned by a state or local agency that is used for
open-space or low- and moderate-income housing purposes; and
WHEREAS, the City no longer has any use for the Property; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq.
(as amended, the “Act”), applies when a local agency disposes of “surplus land,” as
that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land
owned in fee simple by the City for which the City Council will take formal action (in
the form of adoption of this resolution) in a regular public me eting declaring that the
land is surplus and is not necessary for the City’s use; and
WHEREAS, the Property may be declared exempt surplus land if it is less
than one-half acre in area and it is not contiguous to state or local agency property
used for open-space or low- or moderate-income housing (Government Code section
54221(f)(1)(B)); and
WHEREAS, none of the characteristics listed under Government Code section
54221(f)(2) apply to the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert as follows:
SECTION 1. The above recitals are true and correct and are a substantive
part of this Resolution and findings of the City Council.
SECTION 2. The City Council hereby finds that (i) the Property is no longer
necessary for the City’s use, (ii) the Property is smaller than one -half acre in area
because it is approximately 0.13 acres or 5,821 square feet in area, and (iii) the
Docusign Envelope ID: 1A1D7F15-22D3-4267-B382-49EDAD61C4C1
Resolution No. 2024-056 Page 2
Property is not contiguous to land owned by a state or local agency that is used for
open-space or low- and moderate-income housing purposes. Furthermore, none of
the characteristics listed under Government Code section 54221(f)(2) apply to the
Property.
SECTION 3. The City Council therefore declares that the Property is exempt
surplus land pursuant to section 54221(f)(1)(B) of the Act.
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 mere
designation of the Property as exempt surplus and authorization for the City
Manager to comply with the Act do not qualify as a “project” as defined in State
CEQA Guidelines section 15378. First, Section 15378 defines a project as an
activity that “has a potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the
environment.” (State CEQA Guidelines, § 15378(a).) Here, the action is to declare
the Property as exempt surplus, which will not result in either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in
the environment. Accordingly, the action is not a “project” subject to CEQA. (State
CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its
definition of “project” the following: “organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the
environment.” (State CEQA Guidelines, § 15378(b)(5).) The action to designate the
Property as exempt surplus land constitutes an organizational or administrative
activity that will not result in a physical change in the environment, and it therefore
is not subject to CEQA. This Resolution does not constitute a binding commitment
to any particular use of the Property.
SECTION 5. The City Manager or designee is hereby authorized and directed
to send a copy of this Resolution to the California Department of Housing and
Community Development in accordance with the requirements of Section 400(e) of
the SLA Guidelines.
SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase
of this Resolution is declared by a court of competent jurisdiction to be unconstitutional
or otherwise invalid, such decision shall not affect the validity of the remaining portions
of this Resolution.
SECTION 7. Effective Date. This Resolution shall take effect immediately upon
this adoption.
Docusign Envelope ID: 1A1D7F15-22D3-4267-B382-49EDAD61C4C1
Resolution No. 2024-056 Page 3
ADOPTED ON JULY 11, 2024
________________________________
KARINA QUINTANILLA
MAYOR
ATTEST:
________________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-056 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 11, 2024, by
the following vote:
AYES: HARNIK, KELLY, NESTANDE, AND QUINTANILLA
NOES: NONE
ABSENT: TRUBEE
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: 1A1D7F15-22D3-4267-B382-49EDAD61C4C1
7/12/2024
Resolution No. 2024-056 Page 4
Exhibit A
Property Description
Docusign Envelope ID: 1A1D7F15-22D3-4267-B382-49EDAD61C4C1