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R 5235 RESOLUTION NO. 5235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING CITY-OWNED PROPERTY LOCATED AT 400 W. BRANCH STREET (APNs: 007-011-055 AND 007-055-056) AS NON-EXEMPT SURPLUS LAND AND DIRECTING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT WHEREAS, the City of Arroyo Grande is the owner in fee simple of that certain real property located at 400 W. Branch Street in the City of Arroyo Grande (APNs: 007-011- 055 and 007-055-056), (the "Property"); and WHEREAS, under the Surplus 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 at a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either exempt surplus land or non-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, subject to an agreement with the County of San Luis Obispo, and a lease agreement and development agreement with the 5 Cities Community Service Foundation related to a community sports and recreation facility project that is no longer being pursued, and has potential for development of a hotel project which would provide needed revenue to the City; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations, and has determined that it is not suitable for the City's use. It is not otherwise being used by the City except intermittently as a temporary lay down area for public works construction projects and no planned City facility or building that the City can financially afford is feasible to develop on the site. The Property is, therefore, non-exempt surplus land under the Act and the City intends to dispose of the Property; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City's use and is non-exempt under the Act; and WHEREAS, the Act requires that before the City Council disposes of the Property, the City shall proceed to declare the Property surplus pursuant to the Act; and WHEREAS, the accompanying staff report provides additional 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 Arroyo Grande as follows: RESOLUTION NO. 5235 PAGE 2 SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds that the Property is undeveloped, subject to an agreement with the County of San Luis Obispo, and a lease agreement and development agreement with the 5 Cities Community Service Foundation related to a community sports and recreation facility project that is no longer being pursued, and has potential for development of a hotel project which would provide needed revenue to the City and support for the tourism economy in the community. In addition, based upon City staff's evaluation regarding the Property and its potential to be used for City work or operations, that it is not suitable for the City's use, is not otherwise being used by the City and that there is no planned City facility or building that the City can financially afford that is feasible to develop on the site. Therefore, the Property is hereby declared to be non- exempt surplus land under the Surplus Land Act. SECTION 3. The City Manager, officers and staff of the City are hereby authorized jointly and severally, to do all things which they deem necessary or proper to effectuate the purposes of this Resolution and to dispose of the Property in compliance with the Act, including send a notice of availability, substantially in the form required by the Department of Housing and Community Development, to the entities designated in Government Code Section 54222 by electronic mail or by certified mail. SECTION 4. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. SECTION 5. 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 non-exempt surplus land 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. RESOLUTION NO. 5235 PAGE 3 SECTION 6. City staff is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 7. This Resolution shall be effective immediately upon its adoption. On motion of Council Member Barneich, seconded by Council Member Storton, and by the following roll call vote, to wit: AYES: Council Members Barneich, Storton, Paulding, George, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was approved this 25th day of October, 2022. ''s RESOLUTION NO. 5:1 55 PAGE 4 0 / .CAREN RAY ' SOM, MAYOR ATTEST: a4 _ SSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: \44 it? M WHITNEY M at ONALD, CITY MANAGER APPROVED AS TO FORM: Z--- /firt.....- TIMOTH J. CARMEL, CITY ATTORNEY OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5235 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of October, 2022. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of October, 2022. JESSICA MATSON, CITY CLERK