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HomeMy WebLinkAbout8626RESOLUTION NO. 8626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS PURSUANT TO GOVERNMENT CODE SECTION 54221 DECLARING THAT CERTAIN REAL PROPERTY (NEAR AT OR ABOUT THE WEST SIDE OF EUREKA STREET, NORTH OF WEST REDLANDS BLVD, AND SOUTH OF ORIENTAL AVENUE (APN: 0169-272-27-0000) IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Redlands (the "City") owns property located near at or about the West side of Eureka Street, North of West Redlands Blvd., and South of Oriental Avenue (APN: 0169-272-27-0000), as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the City is the fee simple owner of that Property;and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (the "Act") applies when a local agency disposes of"surplus land," which is defined in the Act as "land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use." (Government Code section 54221(b)(1)); and WHEREAS, the Act expressly does "not apply to the disposal of exempt surplus land." (Government Code section 54222.3); and WHEREAS, under the Act, "exempt surplus land" includes land that a local agency is exchanging for another property necessary for the agency's use. (Government Code section 54221(f)(1)(C)); and WHEREAS, the Act requires local agencies such as the City to declare certain real property they own as either "surplus land" or "exempt surplus land," as supported by written findings, prior to any disposition of the real property; and WHEREAS, the City desires to transfer interest in the Property to Property One, LLC, a California limited liability company (Property One, LLC), and in exchange the City will receive certain real property located at or about the West side of Division Street, South of Sylvan Blvd. and North of Interstate 10 (APN: 0170-142-12-0000) for use as open space; and WHEREAS, none of the characteristics listed under Government Code section 54221(1)(2) apply to the Property; and WHEREAS, the City Council has reviewed this Resolution and now desires to declare the Property as exempt surplus land under the Act, based on the findings and justifications contained in this Resolution. 1 C\Resoludons\Res 8600-8699\8626 Declaring Real property APN 0169-272-27-0000 Exempt Surplus Properly.doex-ms NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council. SECTION 2: The City Council hereby declares that the Property is exempt from the Act as exempt surplus land pursuant to Government Code section 54221(f)(1)(C), based on the findings contained in this Resolution for the Property, namely that the City intends to exchange the Property with Property One, LLC, certain real property located at or about the West side of Division Street, South of Sylvan Blvd and North of Interstate 10 (APN: 0170-142-12-0000) for the use of open space. 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 the Property as exempt 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, in and of itself, 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. SECTION 4: The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the SLA Guidelines. SECTION 5: If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 6: The City Clerk shall certify to the adoption of this Resolution. ADOPTED, SIGNED AND APPROVED ATTEST: Je c Donaldson, City Clerk 2 JAResolutions\Res 8600-8699\8626 Declaring Real Property AP1s14169-272-27-0000 Exempt Surplus Property. docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 3' day of September, 2024. AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: None ABSTAIN: None JednWe Donaldson, City Clerk 3 1AResolutionsaes 8600-8699\8626 Declaring Real Property APN 0169-272-27-0000 Exempt Surplus Property.doex-ms Description and Depiction of Property APN 0169-272-27-0000 The Property consists is approximately 7,809 square feet located near at or about the West side of Eureka Street, North of West Redlands Blvd, and South of Oriental Avenue as shown below 4 I: 1Resolutions\Res 8600-8699\8626 Declaring Real Property APN 0169-272-27-0000 Exempt Surplus Property.doex-ms