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RESOLUTION NO. -_____
A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING INVENTORY
REPORT FOR EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 54223
WHEREAS, the City of Palm Springs is a , a public body, corporate and politic, and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, the Act requires, among other things, that on or before December 31 each year, a local agency must make an inventory of all lands held, owned, or controlled by it or any of its departments, agencies or authorities to determine what land, including air rights, if any, is in excess of its foreseeable needs (the “Inventory List”), and that such Inventory List must be made a matter of public record and made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, based on the definition of “surplus land” and the several categories of “exempt surplus land” that are set forth in Government Code section 54221(f), the City of Palm Springs has determined that it owns ten (10) parcels of land that should be included on the Inventory List; and
WHEREAS, the Act does not specify what information must be included in the Inventory List, but the City will include at least the following information: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 54223, is attached hereto as Exhibit A and incorporated herein by this reference.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. Six (6) of the ten (10) parcels on the Inventory List (the “Surplus Properties”) are Excess properties and are not necessary for the City of Palm Springs’ use, are currently not being put to any use by the City of Palm Springs, and there is no 30814.00100\40838593.1 2
planned use by the City of Palm Springs of these Surplus Properties. Four (4) of the ten (10) properties are for affordable housing projects and are Exempt Surplus properties.
SECTION 3. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City of Palm Springs hereby authorizes the listing of the Surplus Properties on the Inventory List created by City of Palm Springs staff pursuant to and in compliance with Government Code section 54223.
SECTION 4. The declaration of the Surplus Properties as surplus and listing of such Surplus Properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the Surplus Properties is sold to a purchaser, and that purchaser proposes a use for the Property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the above- described actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).
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. This Resolution shall take effect immediately upon its adoption by the City of Palm Springs.
PASSED AND ADOPTED by the Palm Springs City Council this _ day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
SCOTT C. STILES
CITY MANAGER
ATTEST:
___________________________________
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BRENDA PREE, MMC
CITY CLERK