HomeMy Public PortalAboutCC Resolution No. 2022-074RESOLUTION 2022-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 A PORTION OF
THAT REAL PROPERTY OWNED BY THE CITY, COMMONLY KNOWN AS THE
BANNING MUNICIPAL AIRPORT, LOCATED AT 200 SOUTH HATHAWAY STREET,
BANNING CALIFORNIA (CONSISTING OF APNS 532-140-003 AND 532-150-004) IS
DESIGNATED AS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE
AT THIS TIME, 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 commonly known as the Banning Municipal Airport, located at 200 South
Hathaway Street, Banning California, inclusive of those parcels designated as APN 532-
140-003 and APN 532-150-004, which parcels are referred to collectively herein as "the
Subject Property" and are described in Exhibit "A", attached hereto and made a part of
hereof; and
WHEREAS, under the Surplus Property Land Act, Government Code Sections
54220-54233 ("Act") as recently amended by AB 1486, 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; and
WHEREAS, the Act provides that such land shall be declared either surplus land
or exempt surplus land before the City may take action to dispose of it consistent with the
City's policies or procedures; and
WHEREAS, pursuant to 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, Government Code Section 54222, requires the City, if it declares land
it owns to be surplus and not necessary for the City's use, to provide written notice thereof
to certain local agencies and housing sponsors ("Designated Entities"), the form of such
notification is included as Exhibit "B" to this Resolution ("Notification Process"); and
WHEREAS, the Notification Process provides Designated Entities a 60-day
opportunity to request to negotiate for the lease or sale of the Subject Property consistent
with parameters for such negotiations provided by the Act; and
WHEREAS, the Subject Property consists of the following two (2) use categories:
i) APN 532-140-003 has been improved for active general aviation purposes; ii) APN 532-
150-004 is vacant and provides a runway safety area for the airport; and
Resolution 2022-74
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WHEREAS, based on the real estate principle of "Highest and Best Use", the City
Council is considering the feasibility of leasing or selling all or a portion of the Subject
Property for private development purposes to increase employment opportunities and
increase local tax-ratables; and
WHEREAS, the sale or lease of APN 532-140-003 and APN 532-150-004 are
subject to certain required disposition procedures, as more particularly described within
the Banning Successor Agency's Long-Range Property Management Plan (collectively,
"LRPMP Parcels"); and
WHEREAS, except for the LRPMP Parcels, any reuse and/or sale of the balance
of the Subject Property is subject to review and approval by the U.S. Department of
Transportation, Federal Aviation Administration ("FAA Affected Parcels"), whether or not
general aviation operations continue at the Subject Property; and
WHEREAS, in addition to the required disposition procedures related to the
LRPMP Parcels and the FAA Affected Parcels, the California Department of Housing and
Community Development has oversight authority over negotiations with Designated
Entities for the purpose of confirming that such negotiations, if any, were conducted within
the parameters described in the Act; and
WHEREAS, because the required disposition procedures related to the LRPMP
Parcels and the FAA Affected Parcels are complicated and are subject to being
protracted, City staff recommends that the City Council declare the Subject Property to
be surplus and not necessary for the City's use and authorize the initiation of the
Notification Process, thus enabling the completion a procedural step affecting the Subject
Property; and
WHEREAS, City staff has evaluated the Subject Property for its potential to be
used for alternate City work or operations and has determined that the Subject Property
is not needed for such City uses at this time; and
WHEREAS, approval of this Resolution will confirm the City Council's declaration
that the Subject Property is surplus and not necessary for the City's use at this time and
authorize the initiation of the Notification Process; and
WHEREAS, the accompanying staff report provides supporting information upon
which the declaration and findings set forth in this Resolution are based; and
WHEREAS, pursuant to § 15060 (c) (3) of the California Environmental Quality
Act (the "CEQA") Guidelines (i.e., California Code of Regulations, Title 14, Division 6,
Chapter 3, Sections 15000-15387), approval of this Resolution is exempt from CEQA
because the actions described herein will not result in a direct or reasonably foreseeable
indirect physical change in the environment and the actions described herein are not a
"Project", as defined within§ 15378 of the CEQA Guidelines; and
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WHEREAS, all of the prerequisites with respect to the approval of this Resolution
have been met.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Banning,
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 Subject Property is surplus land
and not necessary for the City's use at this time. This declaration is based on the real
estate principle of "Highest and Best Use", wherein the City Council is considering the
feasibility of leasing or selling all or a portion of the Subject Property for private
development purposes to increase employment opportunities and increase local
tax-ratables.
SECTION 3. Consistent with the requirements of Government Code Section 54222, the
City Clerk is hereby directed to initiate the Notification Process by providing written notice
of the City Council's declaration to the Designated Entities, the form of such notification
is included as Exhibit "B" to this Resolution.
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 the Subject 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 Subject Property is sold to
a purchaser and that purchaser proposes a use for the Subject 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 Subject Property in compliance with the Act.
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PASSED, APPROVED AND ADOPTED this 14th day of June 2022 .
ATTEST:
Caroline Patton,
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
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4,&0~ ~ KylePin ree, Mayor °['
City of Banning
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby
certify that the foregoing Resolution 2022-74, was duly adopted by the City Council of
the City of Banning, California, at a regular meeting thereof held on the 14th day of
June 2022 by the following vote, to wit:
AYES: Happe, Pingree, and Wallace.
NOES:
ABSENT: Hamlin and Sanchez.
ABSTAIN:
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i ' i ,, , 1 :
, . Clerk
City of Banning, California
EXHIBIT "A"
DESCRIPTION OF SUBJECT 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 200 South Hathaway Street, Banning, CA
(APN: 532-140-003 and APN 532-150-004)
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EXHIBIT "8"
NOTICE OF AVAILABILITY OF SURPLUS LAND
Date:
(Via Certified Mail)
June 15, 2022
TO: Designated Local Agencies and Housing Sponsors
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 (the "City") hereby notifies the Designated local agencies and housing sponsors (the
"Designated Parties") of the availability for lease or purchase of the following surplus City-owned
land (the "Property"):
Property Address:
Assessor Parcel Nos.:
Zoning:
General Plan Designation:
Current Use:
200 S. Hathaway Street, Banning, CA
APN: 532-140-003 and APN 532-150-004
Industrial, Airport Industrial & Public Facilities Airport
Industrial, Airport Industrial & Public Facilities Airport
The Property consists of the following two (2) use categories:
i) APN 532-140-003 has been improved for active general
aviation purposes; ii) APN 532-150-004 is vacant and provides
a runway safety area for the airport.
Copies of an aerial image and assessor map are attached. In addition , the Designated Parties
are also notified that APN 532-140-004 and APN 532-150-003 are subject to certain required
disposition procedures , as more particularly described within the Banning Successor Agency 's
Long-Range Property Management Plan ("LRPMP "). See site No . 4 on pages 16 to 20 of the
LRPMP at this link :
https://www.ci.banning.ca.us/DocumentCenter/View/4783/Banning_LRPMP?bidld=
Further, except for the LRPMP Parcels, any reuse and/or sale of the balance of the Property is
subject to review and approval by the U.S . Department of Transportation , Federal Aviation
Administration , whether or not general aviation operations continue at the Property.
A Designated Party des iring 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
99 East Ramsey Street
Banning , California 92220
For further information , please contact Mrs. Marisol Lopez , the City 's Economic Development
Manager, at (951) 922-3181 or Marisol.lopez@banningca .gov .
The final day to submit a written statement of interest to either lease or purchase the Property is
Monday, August 15, 2022 by 5:00 PM .
Attachments
FORM OF NOTICE OF AVAILABILITY
Resolution 2022-74
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