RESOLUTION NO. 22-___
Resolution Of The City Council Of The City Of Emeryville Declaring The Properties At 4300 And 4310 San Pablo Avenue, Emeryville, California (APN 049-1079-014-01 And 049-1079-017-01) As Exempt Surplus Land Pursuant To Government Code Section 54221(f)(1)(A)
WHEREAS, the City of Emeryville (“City”) owns two parcels located at 4300 and 4310 San Pablo Avenue (Assessor Parcel Numbers 49-1079-014-01 and 49-1079-017-01) totaling .47 acres as depicted on Exhibit A attached hereto and incorporated herein by reference (the “Site”); and
WHEREAS, on September 24, 2019 the City issued a Request for Qualifications and Proposals (“RFQ/P”) for the development of intergenerational or senior affordable housing on the Site; and
WHEREAS, EAH, Inc. (“Developer”) submitted a timely response to the RFQ/P, which response proposed the construction of a 68-unit intergenerational affordable housing project (the “Project”); and
WHEREAS, on July 21, 2020, the City Council adopted Resolution No. 20-85 selecting Developer as the first-choice developer for the Project and authorizing the City Manager to execute an Exclusive Right to Negotiate Agreement (“ERN”) with Developer; and WHEREAS, during the term of the ERN as extended, City and Developer negotiated the terms of a Lease Disposition and Development Agreement and Ground Lease (the “LDDA”) for the development and operation of 68 units of affordable housing for transitionaged youth (“TAY”) and Seniors (the “Project”); and WHEREAS, the LDDA provides that the Project shall reserve a maximum of 20 percent of the units (13 units) for TAY, 80 percent of the units (54 units) for Seniors, and one manager unit, and that the units will be affordable to households earning between 20 percent and 60 percent of Area Median Income (“AMI”), with no less than 51 percent of the units (35 units) affordable to households earning no more than 30 percent of AMI; and WHEREAS, pursuant to Government Code Section 54220 et seq. (the “Surplus Land Act”), the City Council must declare the Site to be “Surplus Land” or “Exempt Surplus Land” before the City Council may take action to dispose of the Site; and WHEREAS, Government Code Section 54221(f)(1)(A) defines “Exempt Surplus Land” to include surplus land that is transferred pursuant to Government Code Section 37364; and WHEREAS, Government Code Section 37364 authorizes a City to sell, lease, exchange, quitclaim, convey, or otherwise dispose of real property to provide affordable housing to persons and families of low or moderate income provided the following conditions are met:
a) Not less than 80 percent of the area of the parcel will be used for the development of housing; and
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No. 22-___
4300 and 4310 San Pablo Avenue Exempt Surplus Land Determination City Council Meeting | July 19, 2022
b) Not less than 40 percent of the total number of those housing units developed on the parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households; and
c) Dwelling units produced for persons or families of low and moderate income under Government Code Section 37364 shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, with such regulatory agreement recorded in the office of the county recorder in which the housing development is located; and
WHEREAS, in view of the proposed LDDA’s provisions relating to the scope of development and affordability requirements, the Project will meet the requirements of Government Code Section 37364; and
WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Site is 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)(A), that the Site is exempt surplus land because the City intends to lease the Site pursuant to an LDDA that requires the development of the entirety of the Site for housing that is affordable to households earning between 20 percent and 60 percent of AMI, with not less than 51 percent of the units affordable to households earning up to 30 percent of AMI, which will be subject to a regulatory agreement with a term of 75 years and recorded in the official records of Alameda County; 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 DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No. 22-___
4300 and 4310 San Pablo Avenue Exempt Surplus Land Determination City Council Meeting | July 19, 2022
Resources Code and section 15378(b) of the State CEQA Guidelines. This action only declares the Site 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.
ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 19, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5