RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF FONTANA, CALIFORNIA, FINDING THAT PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF 1.94 ACRES OF UNIMPROVED LAND LOCATED ON SIERRA AVENUE, BETWEEN SANTA ANA AVENUE TO THE NORTH AND JURUPA AVENUE TO THE SOUTH (A PORTION OF ASSESSOR PARCEL NUMBERS 0255-101-22-0-000 AND 0255-101-23-0-000), DECLARING THE INTENT TO SELL SUCH PROPERTY, AND FINDING SUCH PROPERTY TO BE EXEMPT FROM THE SURPLUS LAND ACT; SETTING A PUBLIC HEARING TO CONSIDER PROTESTS FOR CONVEYANCE OF THE PROPERTY; ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS CONCERNING THE ADEQUACY OF THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION, MITIGATION, MONITORING, AND REPORTING PROGRAM WHEREAS, the City of Fontana, a California municipal corporation (“City”), is the owner of 1.94 acres of unimproved real property generally located in Fontana on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (a portion of Assessor Parcel Numbers 0255-101-22-0-000 and 0255-101-23-0-000) legally described in Exhibit “A” attached to this resolution and incorporated herein by this reference (“Property”); and WHEREAS, the City has no use for the Property and desires to sell the Property to Fontana Courtplace I Housing Partners, L.P., a California limited partnership (“Purchaser”) for the construction of a 50 unit affordable family-apartment housing project; and WHEREAS, California Government Code Section 54220 et seq. (the “Surplus Land Act”) requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and WHEREAS, the Property is exempt from the Surplus Land Act, pursuant to Government Code Section 54221(f)(1)(A) as it is surplus land that is being transferred pursuant to Government Code Section 37364 because at least 40% of the total developed units are to be affordable to households whose incomes are less than or equal to 75% of the maximum income for lower income households (80% of AMI), and at least half of the affordable units are set aside for very low income households (50% of Area Median Income “AMI”); and WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of public property; and WHEREAS, California Government Code Section 37421 provides that when the City finds that the public interest and convenience require the conveyance of City property, the City may adopt a resolution stating such finding and intention to convey the property; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City determined that a Mitigated Negative Declaration (MND) be prepared in order to analyze all potential adverse environmental impacts of a proposed multi-level residential affordable apartment buildings with associated green space, community gathering areas, vehicle parking, landscaping, and security fencing on the approximately 4.8-acres of land (“Courtplace Project”); and, WHEREAS, the City prepared and adopted the Courtplace Project MND on November 1, 2022 for the Courtplace Project; and, WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an MND has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and, WHEREAS, staff evaluated this Resolution declaring the intent to sell the property, finding the property to be exempt surplus land, and setting the public hearing in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA; and, WHEREAS, in connection with this Resolution declaring the intent to sell the property, finding the property to be exempt surplus land, and setting the public hearing and the City Council’s review of the Courtplace Project MND, the City Council has independently reviewed all the prior environmental documentation prepared for the Courtplace Project, and has exercised its independent judgment in making the determination that the Courtplace Project MND fully analyzed and mitigated, all potentially significant environmental impacts, if any, that would result from the sale, and therefore, no subsequent EIR or mitigated negative declaration is required; and, WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance and contain an accurate description of the property to be conveyed; and WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Property under the Disposition and Development Agreement (“DDA”) must be and will be presented to the City's Planning Commission ("Planning Commission"), to find that the conveyance of the Property from City to Purchaser is in conformance with the City's general plan; and WHEREAS, California Government Code Section 37423 requires publication of this Resolution in a daily newspaper circulated in the City and posting of this Resolution in three conspicuous locations on the Property; and WHEREAS, the City wishes to declare its intent to dispose of and convey the Property pursuant to the terms of the DDA, declare and find that the Property is exempt from the Surplus Land Act, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Property and approval of the DDA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
CEQA Findings. The City Council has reviewed and considered the Courtplace Project MND and the Mitigation, Monitoring, and Reporting Program (MMRP), pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, and has determined that the Courtplace Project MND fully analyzed and mitigated all potentially significant environmental impacts, if any, that would result from the Resolution declaring the intent to sell the property, finding the property to be exempt surplus land, and setting the public hearing, and therefore, no subsequent EIR or mitigated negative declaration is required.
Notice of Determination. A Notice of Determination has been prepared and staff is directed to file the Notice of Determination.
Findings Public Interest and Convenience. The City finds that the public interest and convenience require conveyance of the Property to Fontana Courtplace I Housing Partners, L.P. for the economic development of the Property. The property is unimproved and the proposed use of the property will provide forty-nine (49) affordable family rental units and one manager unit.
Surplus Land Act Findings. The City Council of the City hereby finds and determines that the Property is “surplus land” as used in the Surplus Land Act, because the Property is owned in fee simple by the City, and the Property is surplus and is not necessary for the City’s use. The City Council of the City hereby further finds and determines that the Property is “exempt surplus land” pursuant to Government Code section 54221(f)(1)(A) as it is surplus land that is being transferred pursuant to Government Code Section 37364 at least 40% of the total developed units are to be affordable to households whose incomes are less than or equal to 75% of the maximum income for lower income households (80% of AMI), and at least half of the affordable units are set aside for very low income households (50% of Area Median Income “AMI”), the Surplus Land Act shall not apply to this sale and transfer of the Property.
Declaration of Intent to Sell; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Property to Fontana Courtplace I Housing Partners, L.P., a California limited partnership on pursuant to the DDA and fixes November 14, 2023, at 7:00 p.m., in the City Council Chambers located at 8353 Sierra Avenue, Fontana, CA or as soon thereafter as the matter may be heard as the date, time and location for hearing any protests to the proposed sale of the Property, approval of the DDA and as the final action date.
Publication and Posting. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this resolution at least once in a daily newspaper prior to November 14, 2023, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to November 14, 2023.
Custodian of Documents. The custodian of documents constituting the record of proceedings for this matter is the City Clerk. The documents constituting the record of proceedings for this matter are located at City Hall at 8353 Sierra Avenue, Fontana, CA 92335.
Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
Certification; Effectiveness. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this __th day of ________.
_______________________________________
Mayor
ATTEST:
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City Clerk
Exhibit “A”
Property Description
4 Exhibit “A”