HomeMy WebLinkAboutRes 2025-065RESOLUTION NO. 2025-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION
54221 THAT REAL PROPERTY OWNED BY THE CITY OF PALM
DESERT LOCATED IN THE SHOPS AT PALM DESERT MALL (APN
640-140-020), FORMERLY KNOWN AS THE SEARS BUILDIN, 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 (CEQA), PURSUANT TO CEQA
GUIDELINES SECTION 15312 (CLASS 12 – SURPLUS GOVERNMENT
PROPERTY SALES), AND TAKING RELEVENT ACTIONS.
WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of that
certain real property located within the Shops at Palm Desert Mall in the City of Palm
Desert, County of Riverside, State of California Assessor’s Parcel Number 640-140-020
as further described in Exhibit A, attached hereto and incorporated herein by this
reference (the “Property”); and
WHEREAS, under the Surplus Land Act, Government Code Section 54220 et
seq.(“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 and
not necessary for the City’s use. The land must be declared either surplus land 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 City has determined that the land is not being used, nor is it
planned to be used pursuant to a written plan adopted by the City Council, for City
work or operations; and
WHEREAS, the Property is approximately 324,957 square feet in size, is a
vacant retail store (formerly Sears) and accompanying parking area within the Shops at
Palm Desert Mall, and is not currently being used by the City; 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 (“Notice of Availability”) of the Property to certain entities designated
as recipients of the Notice of Availability (“Designated Entities”); and
WHEREAS, the staff report presented to the City Council together with this
Resolution contains the factual background and supporting information upon which the
declaration and findings set forth herein are based;
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Resolution No. 2025-065 Page 2
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 incorporated as a
substantive part of this Resolution.
SECTION 2. The City Council finds that the Property is not necessary for the
City’s use.
SECTION 3. The City Council hereby declares that the Property is surplus land
pursuant to Government Code Section 54221(b)(1), and will be disposed of in
accordance with the Act.
SECTION 4. The City Council directs the City Manager, or his designee, to
issue a Notice of Availability to the Designated Entities in accordance with the Act.
SECTION 5. Pursuant to the California Environmental Quality Act (CEQA), The
City Council finds that the sale of surplus property is categorically exempt from
environmental review under CEQA Guidelines Section 15312 (Class 12 – Surplus
Government Property Sales). The property does not have significant values for wildlife
habitat or other environmental purposes, and the use of the Property and adjacent
property has not changed since the time of purchase by the public agency.; and, the
sale of the Property will not result in any physical changes to the environment. Any
future development or use of the Property by a purchaser will be subject to separate
CEQA review by the appropriate lead agency at the time such development or use is
processed.
SECTION 6. The City Clerk of the City of Palm Desert is directed to file a Notice
of Exemption pursuant to CEQA Guidelines Section 15062.
SECTION 7. 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 this Resolution, and any such actions previously taken are hereby ratified
and confirmed. Such actions include issuing a Notice of Availability and 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.
SECTION 8. The City Clerk of the City of Palm Desert shall certify to the
passage, approval and adoption of this resolution, and the City Clerk of the City of Palm
Desert shall cause this Resolution and the City Clerk’s certification to be entered in the
File of Resolutions of the Council of this City.
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Resolution No. 2025-065 Page 3
ADOPTED ON SEPTEMBER 25, 2025.
ATTEST:
JAN C. HARNIK
MAYOR
___________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2025-065 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 September 25, 2025,
by the following vote:
AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK
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 September 25, 2025.
________________________
ANTHONY J. MEJIA
CITY CLERK
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EXHIBIT A
PROPERTY DESCRIPTION
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(13} SOUTH 89° 55" 30" EAST,.207.5.2 FEET;
(14} NORTI-1mr cw 30• EAST, 22.50 FEET;
(15} SOUTH 89° 55" 30" EAST,5, 2_00 FEET;
(16} SOUTH oo•04" 30" W EST, 137..43 FEET;
(17) NORTI-189° W .21" WEST , 120.0DFEET;
(18} SOUTH oo•04" 30" W EST 5.5.00 FEET;
(19} NORTI-189° W .21" WEST , 100.0DFEET:
(20} SOUTH oo•04" 30'' WEST, 200..33 FEET;
(21} NORTI-186• 59139" WBST , 19.2.11 FEET;
(22} NORTI-183• 04' 18" WBST; 175.41 FEET;
(23} NORTI-186• 59139" WBST ,.207.5!1FEET TO THE BEGINNING OF A.TANGENT Oi..JRVE CONCAVE
NORTHEAST ERLY;
(24} T HENCE NO RTHWESTER LY ALONG , $,\ID CURVE talA.VlNG A RA DUJ S OF 18.00 REET, THRO!JGH A CENTRAL
ANG LE O F 87 04' 09", AN ARC DISTANCE OF 27.l5 FEET;
(25.} NORTI-1OD' CW 30" EAST, rn.59 FEET;
(26} NORTI-189° 55' 30" WBST , M.00 FEET; TO THE PO INT O F BEGINNING,
THE ABOVE LEG .AL DESCRlPTION iS PURSUANT TO THAT O ERTAIN CERTIFICATE OF COMPLIANCE REWR□ED
JULY 9, HJ86, AS INST RUMENT NO . "159865. AND RE-RECORDED NOVEM ElER,6, 19!17, AS INSTRUMENT NO.
319672, BOT H OF OFFICIAL REOORDS
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