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Resolution No. 2023-03 | Surplus Land Act - 7255-7261 Monterey Road "Cherry Blossom Apartments" | Adopted 01/23/2023 RESOLUTION NO. 2023-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY AT 7255, 7257, 7259, AND 7261 MONTEREY ROAD IS “SURPLUS LAND” WITHIN THE MEANING OF THE SURPLUS LAND ACT, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the City of Gilroy is the owner in fee simple of that certain real property commonly known as the Cherry Blossom Apartments, which comprises approximately 9,164 square feet, more or less, and which is located at 7255, 7257, 7259, and 7261 Monterey Road, Assessor’s Parcel No. 799-09-059 (the “Property”); and WHEREAS, the Property is a mixed-use building featuring 3 units of ground-floor commercial space, and 7 residential dwelling units; and WHEREAS, the Property is not exempt surplus land in the that none of the circumstances stated in Government Code Section 54221(f) applies; and WHEREAS, the Property is currently in use by the City for commercial and affordable residential mixed-use rental which is not a City use, and wishes to advertise for offers from interested parties to purchase the building to continue offering commercial and affordable residential dwelling unit rentals; and WHEREAS, the Property is designated as a mixed-use lot in the City’s General Plan, so that first priority in negotiations pursuant to Government Code Section 54277 shall be given to a public agency that agrees to purchase the Property for affordable housing purposes, with the retaining of the ground floor commercial purposes in a mixed- use format consistent with the General Plan and the Downtown Specific Plan ; and WHEREAS, the City Council’s action in adopting this resolution is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that declaring the Property surplus and directing staff to issue a written Notice of Availability will not have a foreseeable significant effect on the physical environment in that t he City has not committed the Property to any particular use at this time, predicting the impacts of any future use of the Property following its disposition by the City would be wholly speculative, and none of the circumstances in CEQA Guidelines Section 15300.2 applies; Resolution No. 2023-03 Surplus Land Act – 7255-7261 Monterey Road “Cherry Blossom Apartments” City Council Regular Meeting | January 23, 2023 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: 1. That the City Council finds that the foregoing recitals are true and correct. 2. That the City Council hereby declares that the Property is surplus and not necessary for the City’s use. 3. That the City Clerk is hereby directed to send a Notice of Availability to the entities designated in Government Code Section 54222. The Notice of Availability shall be sent in a manner set forth in Section 201 of HC D’s Surplus Land Act Guidelines. 4. That the officers and staff of the City are authorized hereby to do all things necessary or proper to effectuate the purposes of this Resolution, and that any such actions previously taken are hereby ratified and confirmed. PASSED AND ADOPTED this 23rd day of January 2023, by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Jan 24, 2023 15:02 PST) Marie Blankley Resolution No. 2023-03 Surplus Land Act – 7255-7261 Monterey Road “Cherry Blossom Apartments” City Council Regular Meeting | January 23, 2023 Page 3 of 4 EXHIBIT A DEPICTION OF THE PROPERTY Resolution No. 2023-03 Surplus Land Act – 7255-7261 Monterey Road “Cherry Blossom Apartments” City Council Regular Meeting | January 23, 2023 Page 4 of 4 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-03 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Special Meeting of said held on Council held Monday, January 23, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, January 23, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)