Resolution 2024-XX Page 1 of 2
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT AFFIRMING COMPLIANCE WITH STATE HOUSING LAWS ______
WHEREAS, the San Francisco region has the highest housing costs in the United States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate- income housing units from 2007-2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and
WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and
WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Fremont agrees to comply with the terms of the Surplus Land Act (California Government Code § 54220 et seq.), as it exists now or may be amended in the future, including, but not limited to, Assembly Bill 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development.
Resolution 2024-XX Page 2 of 2
SECTION 3. The City of Fremont agrees to comply with state laws related to ADUs and JADUs, as they exist now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22 et seq. and California Health & Safety Code § 17980.12.
SECTION 4. The City of Fremont agrees to comply with the state Density Bonus Law (California Government Code § 65915 et seq.), as it exists now or may be amended in the future.
SECTION 5. The City of Fremont warrants and represents that it is in compliance with the aforementioned state housing laws, and to the best of the City of Fremont’s knowledge, there are no claims, actions, suits, or proceedings pending, alleging violations of the state housing laws by the City of Fremont.
ADOPTED_______________, 2024 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorney