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32 RESOLUTION NO. 2025-R____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER
CITY DECLARING CERTAIN PROPERTY AT 10401 VIRGINIA
AVENUE, CULVER CITY, CALIFORNIA (APNS 4209-027-905, 4209- 029-900, 4209-029-923, 4209-029-924 & 4209 -029-925) AS EXEMPT
SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54221(f)(1)(F)
WHEREAS, the City of Culver City owns fee title to that certain real property, comprising approximately 1.13 acres, located in Culver City, California, with assessor parcel numbers 4209 -027-905, 4209 -029-900, 4209 -029-923, 4209-029-924 & 4209 -029- 925 and known as 10401 Virginia Avenue, Culver City, California (the "Property"); and WHEREAS, the Actors Fund Housing Development Corporation (“AFHDC”) delivered to Culver City (the “City”) a request for an exclusive negotiating agreement (“ENA”), dated December 6, 2023, pursuant to which AFHCD described the potential development of a mixed-use, multi-story building or buildings and related improvements on the Property, with affordable housing for families and artists on the upper floors, along with ground floor arts-focused community commercial space (the “Project”); and WHEREAS, the Project would include 70 -80 housing units, all of which would be affordable to lower income households earning between 30% and 80% of the area median income;
WHEREAS, the City and AFHDC have negotiated a draft ENA, which will be considered by the City Council on March 17, 2025; and
WHEREAS, pursuant to California Government Code Section 54220 et seq. (the “Surplus Land Act”), the City Council must declare the Property to be “Surplus Land” or “Exempt Surplus Land” before the City Council may take action on the ENA; and
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32 WHEREAS, California Government Code Section 54221(f)(1)(F) defines “Exempt Surplus Land” to include surplus land that is 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, with 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, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event shall 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; and
WHEREAS, California Government Code Section 54221(f)(1)(F) requires the affordability requirements to be contained in a covenant or restriction recorded against the surplus land at 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, for the purposes of Government Code Section 54221(f)(2), the Property is not (i) within a coastal zone; (ii) adjacent to a historical unit of the State Parks System; (iii) listed on, or determined by the State Office of Historical Preservation to be eligible for, the National Register of Historical Places; or (iv) within the Lake Tahoe region as defined by Government Code Section 66905.5; and
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32 WHEREAS, in view of the terms described in the proposed ENA, the requirements of California Government Code Section 54421(f)(1)(F) will be met; and WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Property is exempt surplus land, as supported by written findings; and
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by HCD, any determination by a local agency that its surplus lands are exempt from the Surplus Land Act must be provided to HCD for its review at least 30 days prior to disposition; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of Culver City , DOES HEREBY RESOLVE as follows:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares, pursuant to California Government Code Sections 54221(b) and 54221(f)(1)( F), that the Property is exempt surplus land because City intends enter into an ENA to negotiate the terms of a lease of the Property for the Project.
SECTION 3. The City Council hereby authorizes the City Manager , or designee, to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.
SECTION 4. The City Council hereby affirms that the designation of th e Property as 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
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32 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 . Staff is directed to take any and all necessary actions in order to effectuate the purpose of this Resolution.
SECTION 5. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 6. This Resolution shall take effect upon the date of its adoption.
APPROVED AND ADOPTED, this ___ day of______________, 2025.
DAN O’BRIEN, Mayor
City of Culver City
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney