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RESOLUTION NO. 22-___
Resolution Of The City Council Of The City Of Emeryville Declaring The Properties At 3602 Adeline And 1132 36th Street (APNs 005-0480-001-01, 005-0480-004 And 005-0480-003) As Exempt Surplus Land Pursuant To Government Code Section 54221(f)(1)(A)
WHEREAS, the City of Emeryville (“City”) owns three parcels located at 3602 Adeline and 1132 36th Street (APNs 005-0480-001-01, 005-0480-004 And 005-0480-003) totaling
0.05 acres as depicted on Exhibit A attached hereto and incorporated herein by reference (the “Adeline Sites”); and
WHEREAS, on April 5, 2022, the City Council held a Study Session to discuss options for disposition and/or redevelopment of the Adeline Sites and provide staff direction for a Request for Proposals (“RFP”); and
WHEREAS, the City Council directed that priorities for redevelopment of the Adeline Sites include development as an affordable housing project for special needs individuals including formerly incarcerated individuals; and
WHEREAS, pursuant to Government Code Section 54220 et seq. (the “Surplus Land Act”), the City Council must declare the Adeline Sites to be “Surplus Land” or “Exempt Surplus Land” before the City Council may take action to dispose of the Adeline Sites; and
WHEREAS, Government Code Section 54221(f)(1)(A) defines “Exempt Surplus Land” to include County or City Surplus Land Transferred for the Development of Affordable Housing with restrictions as described in Government Code Section 25539.4 or 37364; and
WHEREAS, in view of the City Council’s priorities for redevelopment of the Adeline Site as an affordable housing project for special needs individuals, staff has prepared a RFP for the development of an affordable housing project that maximizes the number of bedrooms to be rented to extremely low and very low individuals from a special needs population for a minimum of 30 years as minimum requirements for redevelopment of the Adeline Sites; and
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 Adeline 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 Adeline 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 DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No. 22-___
Adeline Sites Exempt Surplus Determination
City Council Meeting | July 19, 2022
1828\01\3326045.1
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 the above recitals are true and correct and are a substantive part of this Resolution, 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 Adeline 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 an affordable housing project where at least 80% of the areas of the site is disposed of for affordable housing, not less than 40% of the total units are affordable to household with incomes less than 75 percent of low income and half of the units are affordable to very low income households with an affordable rent, as defined in Sections 50053 of the Health and Safety Code, for a minimum of 30 years for rental housing, This declaration is contingent upon the development of the Adeline Sites in accordance with Government Code Section 54221(f)(1)(A), 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, be it further
RESOLVED, that the City Council of the City of Emeryville hereby finds that the 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 Adeline Sites 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 such time.
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No. 22-___
Adeline Sites Exempt Surplus Determination
City Council Meeting | July 19, 2022
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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