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Home My Public Portal AboutCC Resolution No. 2022-090RESOLUTION 2022-90 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 33 SOUTH SAN GORGONIO AVENUE, BANNING CALIFORNIA (CONSISTING OF APN 540-204-009) 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, located at 33 South San Gorgonio Avenue, Banning California (consisting of APN 540-204-009) 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") 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 Property consistent with parameters for such negotiations provided by the Act; and WHEREAS, the Property consists of a single (1) use category: i) APN 540-204- 009 is improved for commercial retail activity and is not otherwise being used by the City; and 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 Property for private development purposes to increase employment opportunities and increase local tax-ratables; and Resolution 2022-90 Page 1 of 6 WHEREAS, City staff has evaluated the Property for its potential to be used for alternate City work or operations and has determined that the 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 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 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 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 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 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 Resolution 2022-90 Page 2 of 6 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 28th day of June 2022. ATTEST: Caroline Patton, De City of Banning APPROVED AS TO FORM AND LEGAL CONTENT: £~0:r-- Serita Young, Assistant City Attorney Richards, Watson & Gershon Resolution 2022-90 Page 3 of 6 City of Banning CERTIFICATION: I, Caroline Patton , Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2022-90 , was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of June 2022 by the following vote , to wit: AYES: Hamlin, Happe , Sanchez and Wallace. NOES: ABSENT: Pingree. ABSTAIN: Resolution 2022-90 Page 4 of 6 Caroline Patton, Deputy, City Clerk City of Banning, Californ ia 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 33 S. San Gorgonio Avenue, Banning, CA (APN: 540-204-009) Resolution 2022-90 Page 5 of 6 EXHIBIT "B" NOTICE OF AVAILABILITY OF SURPLUS LAND (Via Certified Mail) Date: 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: 33 S. San Gorgonio Avenue, Banning, CA APN: 540-204-009 Downtown Commercial Downtown Commercial The Property consists of a single (1) use categories: i) APN 540-204-009 is improved for commercial retail activity and is not otherwise being used by the City. Copies of an aerial image and assessor map are attached. A Designated 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: Caroline Patton, Deputy 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 2022-90 Page 6 of 6