HomeMy Public PortalAboutCC Resolution No. 2020-041RESOLUTION NO. 2020-41
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 THE NORTHEAST CORNER OF HIGHLAND SPRINGS
ROAD AND SUN LAKES BLVD. (APN: 491-140-041) 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 the Northeast corner of Highland Springs Road and Sun Lakes
Blvd. (APN: 491-140-041) and 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 currently a long and narrow parcel
used as a landscape buffer area between Highland Springs Road and the adjacent
shopping center 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;
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Resolution 2020-41
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 Property is surplus land
and not necessary for the City's use. The basis for this declaration is that the parcel in
question is long and narrow, is not suitable for an development project independent of the
adjacent shopping center. In addition, it has no independent access to a public street
and if such access were created, it would require the construction of a driveway into a
busy intersection along Highland Springs Road. For all these reasons, it is not suitable
for development or use of the City.
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 14th day of April 2020.
Daniela Andrade, Mayor
City of Banning
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11303-0001 \2408452v1 doc
ATTEST:
Sonja De La
City of Banning
nte, Deputy City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby
certify that the foregoing Resolution 2020-41, was duly adopted by the City Council of
the City of Banning, California, at a regular meeting thereof held on the 14th day of April
2020, by the following vote, to wit:
AYES: Councilmembers Happe, Pingree, Wallace, Welch & Mayor Andrade
NOES: None
ABSTAIN: None
ABSENT: None
Sonja De La Fbe t'e, Deputy City Clerk
City of Banning, California
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11303-0001 \2408452v1 doc
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 the Northeast corner of Highland Springs Road
and Sun Lakes Blvd. (APN: 491-140-041)
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Resolution 2020-41
EXHIBIT "B"
FORM OF NOTICE OF AVAILABILITY
(City Letterhead)
NOTICE OF AVAILABILITY OF SURPLUS LAND
TO: Whom It May Concern
(Via Electronic Mail [and/or] Certified Mail)
RE: 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 hereby notifies
interested parties of the availability for purchase of the following surplus City -owned land:
Property Address: Northeast Corner of Highland Springs Road and Sun Likes Blvd, Banning CA
Assessor Parcel No,: 491-140-041
Zoning: General Commercial (Sun Lakes Village Specific Plan)
Current Use: City Landscape/Parkway
[ ATTACHED: AERIAL IMAGE AND ASSESSOR MAP]
An entity or association desiring to purchase or lease the above -described surplus land for any of the purposes
authorized by Government Code Section 54222, must notify the City in writing of its interest in purchasing or leasing
the land within 60 days of the date of this NoticeofAvailability as indicated by the date set forth below.
Please send written notices of interest to:
City of Banning City Clerk
c/o Sonia De La Fuente
Deputy City Clerk
99 E. Ramsey Street
Banning, California 922.20
For further information, please send e-mail inquiries to: , at
or call ,at
By Date
11303.0001\2400430v1.doc
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Resolution 2020-41
11303-0001\2408452v1.doc
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