RESOLUTION NO. 22-___
Resolution Of The City Council Of The City Of Emeryville Declaring The Properties At 5890, 5900 And 6150 Christie Avenue (APNs 49-1493-3, 49-1493-4 And 49-1493- 5) As Exempt Surplus Land Pursuant To Government Code Section 54221(f)(1)(F)(ii)
WHEREAS, the City of Emeryville (“City”) owns three parcels located at 5890, 5900 and 6150 Christie Avenue (Assessor Parcel Numbers 49-1493-3, -4 and -5) totaling 2.01 acres as depicted on Exhibit A attached hereto and incorporated herein by reference (the “Christie Sites”); and
WHEREAS, on January 18, 2022, the City Council held a study session to discuss the priorities for redevelopment of the Christie Sites and provided staff direction for a Request for Proposals (“RFP”); and
WHEREAS, the City Council directed that the City’s priorities for redevelopment of the Christie Sites include maximizing residential development and maximizing affordable housing; and
WHEREAS, pursuant to Government Code Section 54220 et seq. (the “Surplus Land Act”), the City Council must declare the Christie Sites to be “Surplus Land” or “Exempt Surplus Land” before the City Council may take action to dispose of the Christie Sites; and
WHEREAS, Government Code Section 54221(f)(1)(F)(ii) defines “Exempt Surplus Land” to include surplus land that is put out to open, competitive bid by a local agency provided all entities identified in subdivision (a) of Government Code Section 54222 will be invited to participate in the competitive bid process, for a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units 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 Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing; and WHEREAS, the Emeryville General Plan designates the Christie Sites for Mixed Use with Residential development and establishes the maximum residential density for the Christie Sites at 170 dwelling units per acre with development bonus; and WHEREAS, the Emeryville General Plan would allow for the development of up to 340 units of housing on the Christie Sites, provided the project obtains the requisite development bonus; and
WHEREAS, in view of the City Council’s priorities for redevelopment of the Christie Sites to maximize residential development and maximize affordable housing, staff has prepared a RFP establishing 300 units and 25 percent of proposed units as affordable to lower income households as minimum requirements for redevelopment of the Christie Sites; and
DocuSign Envelope ID: 9FC5822C-D980-471A-82AA-43E7EA9D0AFF Resolution No. 22-___
Christie Sites Exempt Surplus Land Determination
City Council Meeting | June 21, 2022
WHEREAS, the RFP will be circulated to all entities identified in subdivision (a) of Government Code Section 54222, inviting proposals for the redevelopment of the Christie Sites; and
WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Christie Sites are exempt surplus land, as supported by written findings; and
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development ("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; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby finds that the above recitals are true and correct and are a substantive part of this Resolution; and be it further RESOLVED, that the City Council of the City of Emeryville hereby declares, pursuant to Government Code Sections 54221(b) and 54221(f)(1)(F)(ii), that the Christie Sites are exempt surplus land because the City intends to circulate a Request for Proposals as an open, competitive bid to all entities identified in subsection (a) of Government Code Section 54222, for a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units 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 Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, This declaration is contingent upon the development of the Christie Sites in accordance with Government Code Section 54221(f)(1)(F)(ii); and be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby finds that these actions are not subject to the California Environmental Quality Act ("CEQA") because they are activities that are excluded from the definition of a Project by Section 21065 of the Public Resources Code and section 15378(b) of the State CEQA Guidelines. This action only declares the Christie Sites as exempt surplus land and directs staff to effectuate the purpose of this resolution. This is administrative activity of government which will not result in direct or indirect physical changes to the environment. No commitment to any project is being made at this time. CEQA review requirements must be completed before any commitment to a project occurs, and appropriate environmental review pursuant to CEQA will be completed at that time.
DocuSign Envelope ID: 9FC5822C-D980-471A-82AA-43E7EA9D0AFF Resolution No. 22-___
Christie Sites Exempt Surplus Land Determination
City Council Meeting | June 21, 2022
ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 21, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
DocuSign Envelope ID: 9FC5822C-D980-471A-82AA-43E7EA9D0AFF