The URL can be used to link to this page

Home My Public Portal AboutCC Resolution No. 2021-018RESOLUTION NO. 2021-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT 447 E. RAMSEY. (APN: 541-150-004) AND REAL PROPERTY IDENTIFIED AS (APN'S 541-150-025, 541-150-026, 541-150- 027, 541-050-028 & 541-150-029) 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 Banning ("City") is the owner in fee simple of that certain real property located at 447 E. Ramsey (APN:541-150-004,) and Real Property (APN's 541-150-025, 541-15-026, 541-150-027, 5641-150-028 & 541-150-029) described in Exhibit "A," attached hereto and made a part of hereof ("Property"); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 ("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 Property is undeveloped, and is not otherwise being used by the City; and WHEREAS, 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; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Banning as follows: Resolution 2021-18 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 Property is surplus land and not necessary for the City's use. The basis for this declaration is that the parcel in question is not suitable for City use under the real estate principle of "Highest and Best Use". In addition, it has been determined that private -sector development for its zoned use would yield much higher value to the citizens of Banning. SECTION 3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit "B" and made a part of hereof, 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 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 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 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 Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act. PASSED, APPROVED AND ADOPTED this 23rd day of arch 2021. TTEST: Laurie Samps'bn, Acting Deputy City Clerk City of Banning olleen Wallace, Mayor City of Banning -2- Resolution 2021-18 APPROVED AS TO FORM AND LEGAL CONTENT: Kevin G. Ennis, City Attorney Richards, Watson & Gershon -3- Resolution 2021-18 CERTIFICATION: I, Laurie Sampson, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021-18, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 23rd day of March 2021, by the following vote, to wit: AYES: Council Members Hamlin, Happe, Pingree, Sanchez and Mayor Wallace NOES: ABSTAIN: ABSENT: Laurie Sampso, Acting Deputy City Clerk City of Banning, California -4- Resolution 2021-18 EXHIBIT "A" DESCRIPTION OF PROPERTY The land in the City of Banning, County of Riverside, State of California, and is described as follows: The land owned by the City located at 447 E. Ramsey (APN: 541-150-004) AND REAL PROPERTY IDENTIFIED AS (APN'S 541-150-025, 541-150-026, 541-150-027, 541- 150-028 & 541-150-029) Resolution 2021-18 EXHIBIT "B" NOTICE OF AVAILABILITY OF SURPLUS LAND (Via Certified Mail) Date: TO: RE: March 23, 2021 The Affected Local Agencies and Housing Sponsors Notice of Availability of Surplus Land in the City of Banning Pursuant to California Government Code Section 54220, et seq. Pursuant to the provisions of California Government Code Section 54220, et seq., the City of Banning (the "City") hereby notifies the affected local agencies and housing sponsors (the "Affected Parties") of the availability for lease or purchase of the following surplus City -owned land (the "Property"): Property Addresses: Assessor Parcel Nos.: Zoning: General Plan Designation: Current Use: 447 E. Ramsey Street APNs: 541-150-004, 541-150-025, 026,027,028 & 029 Downtown Commercial Downtown Commercial Six Vacant Lots Copies of an aerial image and assessor map are attached. An Affected Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code Section 54222, must file a written notification of interest with the City within 60 days of the date of this Notice of Availability, as indicated by the date set forth below. Please send written notices of interest to: City of Banning Office of the City Clerk Attn: Laurie Sampson Acting Deputy City Clerk 99 East Ramsey Street Banning, California 92220 For further information, please contact Mr. James Wurtz, the City's Economic Development Manager, at (951) 922-3181 or jwurtz@banningca.gov. The final day to submit a written statement of interest to either lease or purchase the Property is DAY/ DATE, 2021 by 5:00 PM. Attachments FORM OF NOTICE OF AVAILABILITY Resolution 2021-18