1 City Council Meeting: October 8, 2024 Santa Monica, California RESOLUTION NUMBER _____(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT
CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED ON ASSESSOR PARCELS 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”) AS SURPLUS LAND 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 Santa Monica (“City”) is the owner in fee simple of that certain real properties known as assessor parcel numbers 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”), and described in Exhibit “A,” attached hereto and made a part of hereof (collectively, the “City-Owned Properties”); and
WHEREAS, under the California Surplus Land Act (Government Code Sections 54220-54233) (the “SLA”), 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; land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the SLA, 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
2 WHEREAS, the City Council desires to declare that the City-owned Properties referenced herein as surplus lands and not necessary for the City’s use; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares that the City-owned Properties are surplus lands and not necessary for the City’s use.
SECTION 3. 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 this property as surplus 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 or leased 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 Manager or his or her designee is authorized to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to 3 the California Department of Housing and Community Development (HCD), in conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
SECTION 6. The City Manager or designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this 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 SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________
DOUGLAS SLOAN
City Attorney
EXHIBIT “A”
LEGAL DESCRIPTIONS
4290-011-906 (“Apple Building”/1636 5
th Street)
TR=974 EX OF ALLEY LOTS 20 AND 21
4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”/ 1635 5th Street) 4290-011-903: TR=974 EX OF ST AND ALLEY LOT 17
4290-011-904: TR=974 EX OF ST AND ALLEY LOT 18
4290-011-905: TR=974 EX OF ALLEY LOT 19
APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”) 4290-011-901: 1/2 VAC ALLEY ADJ ON NE AND POR OF LOT 8 M R 22-11 AND POR P. 3-30-31 4290-011-902: ELLIOTT"S ADDITION TO SANTA MONICA 1/2 VAC ALLEY ADJ ON SW AND LOT 9 4290-011-909: TR=15603 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT 1