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HA Resolution 2025-002 Rescind & Exempt Surplus Land; APNs 600-030-039RESOLUTION NO. HA 2025 — 002 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF LA QUINTA, RESCINDING THE DECLARATION OF ASSESSOR PARCEL NUMBER 600-030-039 AS SURPLUS LAND, AND DECLARING THE SAME PARCEL EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT WHEREAS, the Housing Authority of the City of La Quinta ("Authority") is the owner of Assessor Parcel Number 600-030-039 ("Parcel"), located within the City of La Quinta ("City"), California; and WHEREAS, on January 21, 2025, the Authority adopted Resolution No. HA 2025- 001, declaring the Parcel as surplus land pursuant to Government Code Section 54221 of the Surplus Land Act, Government Code Section 54220 et seq. ("SLA"); and WHEREAS, the declaration of surplus land status would subject the Parcel to the disposition procedures of the SLA, including a Notice of Availability and mandatory negotiation periods with eligible entities; and WHEREAS, the Parcel is identified in the City's current (2022-2029) Housing Element, which was reviewed and approved by the California Department of Housing and Community Development. Specifically, the Parcel is the approximately 5.1 acre site, with a new assessor parcel number ("APN") that was previously identified as APN 600-030- 018. The Parcel is identified in the City's Housing Element under the "Vacant Land Inventory" (Table II-50) as Site #5, which is a site identified for development of very low-, low-, and moderate- income housing (i.e., affordable housing); and WHEREAS, upon further review, the Authority has determined that the Parcel will be used only for affordable housing development that will be determined in the future, pursuant to applicable laws and procedures, by the Authority, and, therefore, should not be classified as surplus property or subject to disposition pursuant to the SLA. Specifically, the Parcel is planned under the City's Housing Element to be developed for a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, and will have at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for 55 years for rental housing or 45 years for ownership housing, unless a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event will the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located. Furthermore, these requirements, as applicable, will be contained in a covenant or restriction recorded against the Parcel at Resolution No. HA 2025-010 APN 600-030-039 — Exempt Surplus Land Adopted: April 15, 2025 Page 2 of 4 the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation; and WHEREAS, rescinding the surplus land designation and, instead, declaring the Parcel as exempt surplus land pursuant to the SLA, specifically Government Code Section 54221(f)(1)(F), preserves the Authority's ability to sell or otherwise dispose of the Parcel for the affordable housing purposes consistent with Section 54221(f)(1)(F); and WHEREAS, Pursuant to Section 15378(b)(5) of the California Environmental Quality Act Guidelines (14 Cal. Code Regs., § 15000 et seq. ("CEQA Guidelines")), adopted pursuant to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.("CEQA")), administrative activities of the City, which will not result in direct or indirect physical changes in the environment, are not "projects" under CEQA. Here, the rescission of the designation of the Parcel as "surplus land" and declaration of the Parcel as "exempt surplus land," without being attached to any particular development project, has no direct or indirect physical change to the environment. Thus, this action taken by the Authority is not subject to CEQA. (CEQA Guidelines, § 15060(c)(3).) Even if the rescission of the designation of "surplus land" and declaration as "exempt surplus land" were determined to be a "project" under CEQA, it is exempt from further CEQA review pursuant to Section 15061(b)(3) of the CEQA Guidelines because there is no possibility that the action taken by the Authority will have a significant effect on the environment. As proposed, the action of the Authority is administrative and required pursuant to the SLA. Because the proposed action is not related to a specific development project, it can be seen with certainty that there is no possibility the action taken by the Authority will have a significant effect on the environment. Furthermore, none of the exceptions to categorical exemptions apply due to the fact that the action by the Authority is only an administrative action as required by the SLA, and (a) the Parcel is not within or part of a particularly sensitive environment, (b) the Authority action would not have any cumulative impact to the environment as it is not part of any specific development project proposal, (c) there are no unusual circumstances that would attach to the administrative action of the Authority, (d) the Parcel is undeveloped and does not have any historic or scenic resources attached to it, and (e) the Parcel is not located on a hazardous waste site. As such, no exceptions to a categorical exemption set forth in Section 15300.2 of the CEQA Guidelines would apply. Finally, to the extent applicable, pursuant to Section 15312 of the CEQA Guidelines, the sale of any surplus land is exempt from review under CEQA. Accordingly, no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Housing Authority to adopt, as follows: SECTION 1. The foregoing recitals are true and correct, constitute the findings of the La Quinta Housing Authority, and are incorporated herein by this reference. Resolution No. HA 2025-010 APN 600-030-039 — Exempt Surplus Land Adopted: April 15, 2025 Page 3 of 4 SECTION 2. The La Quinta Housing Authority hereby rescinds the surplus land designation for Assessor Parcel Number 600-030-039 (the "Parcel"), previously made pursuant to Resolution No. HA 2024-001. SECTION 3. The La Quinta Housing Authority hereby declares the Parcel as "exempt surplus land" pursuant to Government Code Section 54221(f)(1)(F) of the Surplus Land Act (Gov. Code, § 54220 et seq., the "SLA"), and, therefore, the sale or disposal of the Parcel is not subject to the requirements of the SLA pursuant to Government Code Section 54222.3. SECTION 4. The Executive Director or authorized designee is hereby authorized to take all actions necessary to effectuate the intent of this Resolution, including the withdrawal of any related notices issued under the SLA. SECTION 5. The rescission of the designation of the Parcel as "surplus land" and declaration of said Parcel as "exempt surplus land" is not a "project" under the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.("CEQA" )) or the California Environmental Quality Act Guidelines (14 Cal. Code Regs., § 15000 et seq. ("CEQA Guidelines")), specifically CEQA Guidelines Section 15378(b)(5) as the action of the Housing Authority is only administrative and will not result in direct or indirect physical changes in the environment. Even if the action of the La Quinta Housing Authority were deemed to be a "project," the action is exempt pursuant to CEQA Guidelines Section 15060(c)(3) [common sense exemption] and none of the exceptions to this exemption as set forth in CEQA Guidelines Section 15300.2 apply. Finally, to the extent applicable, pursuant to CEQA Guidelines Section 15312, a sale of any surplus land is exempt from review under CEQA. SECTION 6. This Resolution shall take effect upon its adoption. The Authority Secretary shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular quarterly meeting of the La Quinta Housing Authority held on this 15th day of April 2025, by the following vote: AYES: Authority Members Evans, Fitzpatrick, Pena, Sanchez, and Chairperson McGarrey NOES: None ABSENT: None ABSTAIN: None Resolution No. HA 2025-010 APN 600-030-039 — Exempt Surplus Land Adopted: April 15, 2025 Page 4 of 4 ATTEST: MONIKA RADEVA, Aut ority Secretary La Quinta Housing Authority, California APPROVED AS TO FORM: WILLIAM H. IHRKE, Authority Counsel La Quinta Housing Authority, California 1 DEBORAH McGARREY, Chairpers La Quinta Housing Authority, Calif rni (AUTHORITY SEAL)