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R113271 City Council Meeting: March 23, 2021 Santa Monica, California RESOLUTION NUMBER 11327 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY OWNED OR MASTER-LEASED BY THE CITY LOCATED AT 1636 5TH STREET AND 1333 4TH STREET IS SURPLUS LAND NOT NECESSARY FOR THE CITY’S USE, AND CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT 1318-20 4TH STREET IS EXEMPT SURPLUS LAND NOT NECESSARY FOR THE CITY’S USE AND PROPOSED FOR A 100% AFFORDABLE HOUSING DEVELOPMENT; FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING RELATED ACTIONS WHEREAS, the City of Santa Monica (“City”) is the owner in fee simple of that certain real property located at 1636 5th Street (the “1636 5th Street Parcel”) and 1318- 20 4th Street (the “1318 4th Street Parcel”), in the City of Santa Monica, and described in Exhibit “A,” attached hereto and made a part of hereof (“City Owned Property”); and WHEREAS, the City is the master lessee of that certain real property owned in fee simple by the Successor Agency to the Redevelopment Agency of the City of Santa Monica located at 1333 4th Street (the “1333 4th Street Parcel”), in the City of Santa Monica, and described in Exhibit “A;” and WHEREAS, the 1333 4th Street Parcel is listed on a Long-Range Property Management Plan ("LRPMP") that was approved by the California Department of Finance in accordance with redevelopment dissolution statutes enacted in 2010 (Health and Safety Code section 34179 et seq.); and DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B 2 WHEREAS, under the California Surplus Land Act (Government Code Sections 54220-54233) (the “SLA”), 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; land must be declared either surplus land or exempt surplus land; and WHEREAS, under the SLA, surplus land includes land that has been designated in the Successor Agency’s LRPMP, either for sale or for future development, as specified; and WHEREAS, under the SLA, 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 City Council desires to declare that the 1636 5th Street Parcel and the City’s leasehold interest in the 1333 4th Street Parcel are surplus lands and not necessary for the City’s use; and WHEREAS, the City Council desires to declare that the 1318 4th Street Parcel is exempt surplus land because it is not necessary for the City’s use and is proposed for a 100% affordable housing development that meets the criteria for exempt surplus land under the SLA; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; 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. DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B 3 SECTION 2. The City Council hereby declares that the 1636 5th Street Parcel and the City’s leasehold interest in the 1333 4th Street Parcel are surplus lands and not necessary for the City’s use. SECTION 3. The City Council hereby declares that the 1318 4th Street Parcel is exempt surplus land because it is not necessary for the City’s use and is proposed for a 100% affordable housing development that meets the criteria of exempt surplus land under the Surplus Lands Act (“SLA”). 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 or leased 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 Manager or his or her designee is authorized to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B 4 conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The City Manager or his or her designee is hereby authorized to do all things which are deemed 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 SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA. SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B 5 EXHIBIT “A” LEGAL DESCRIPTIONS 1636 5th Street (Apple Building); APN: 4290-011-906; Size in acres: 0.20 LOTS 20 AND 21 OF TRACT NO. 974, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 192, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE REAR 10 FEET THEREOF CONVEYED TO THE CITY OF SANTA MONICA FOR PUBLIC ALLEY PURPOSES BY DEED RECORDED IN BOOK 4391, PAGE 16, OF DEEDS. 1333 4th Street (Chase Bank); APN:4291-011-910; Size in acres: 0.46 LOTS "R" AND "S" AND THE SOUTHEASTERLY 35 FEET OF LOT "T", IN BLOCK 145 OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED .IN BOOK 39 PAGE (S) 45 ET SEQ. AND IN BOOK 3 PAGES 80 AND 81 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 1318 & 1320 4th Street (Parking Structure No. 3); APN: 4291-012-900 & 901; Size in acres: 0.528 Lots C, D, E and F, Block 146, of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81, and in Book 39 Page 45 et seq., of Miscellaneous Records, in the Office of the County Recorder of said County. DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B Adopted and approved this 23rd day of March 2021. __________________________ Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11327 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23rd day of March 2021, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, McKeown, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B