Exhibit “A”
Resolution
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________ R ESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, DECLARING PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF S. WILLOW AVENUE AND E.
BYRD AVENUE IN SOUTHEAST FRESNO (APN: 481 -110-
42T) TO BE EX EMPT SURPLUS LAND AND INITIATING
THE OPEN AND COMPETITIVE REQUEST FOR
PROPOSALS PROCESS FOR THE DISPOSITION OF THIS
PROPERTY FOR AN AFFORDABLE HOUSING
DEVELOPMENT
W
HEREAS, the City of Fresno (City) owns a 10.24- acre vacant parcel located at the southwest corner of S. Willow Avenue and E. Byrd Avenue (APN: 481- 110-42T) (Property), as described in the parcel map attached hereto as Exhibit A; and WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54236) is generally intended to make a local agency's surplus land (i.e., land not needed for the agency's use) available for potential acquisition by affordable housing sponsors for affordable housing purposes or by other local public entities; and WHEREAS, California Government Code section 54221(b) and the April 2021 Surplus Land Act Guidelines (SLA Guidelines) published by the California Department of Housing and Community Development (HCD) require that prior to taking any action to dispose of land that is subject to the Surplus Land Act, the City Council must, at a public meeting, declare the land either surplus land or exempt surplus land, as each are defined in California Government Code section 54221; and
WHEREAS, under the Surplus Land Act, land shall be declared either “surplus land” or “exempt surplus land” as supported by written findings, before a local agency TWR
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may take any action to dispose of it consistent with the agency’s policies or procedures; and
WHEREAS, the determination is based on the fact that APN: 481-110-42T is listed in the City of Fresno 2020- 2024 Consolidated P lan (page 134 -135), adopted by the Fresno City Council on May 21, 2020, as land set aside specifically for the development of affordable housing and has been identified and determined to be exempt surplus land; and
WHEREAS, the City purchased the property in accordance with the U.S.
Department of Housing and Urban Development requirement for the use of former/closed Rental Rehabilitation Program Income funds which was us ed to purchase the property and specifically for the development of affordable housing; and WHEREAS, the City has sought concurrence with the State of California Housing and Community Development Department, and the State has concurred that APN : 481- 110-42T is determined to be exempt surplus land on December 11, 2020; and WHEREAS, the proposed development and affordability restrictions support the findings that the property qualifies as exempt from the California Surplus Land Act as stated in Government Code Section 37364(a) which requires: (1) Minimum of 80% of the area of any parcel shall be used for development of housing (remaining 20% could be ancillary commercial or park/open space use); (2) Not less than 40% of the total number of housing units developed on any parcel pursuant to this section shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households (80% of area median income), and at least half of which (20% of the units) shall be affordable to very low-income households (50% of area median
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income); and (3) Dwelling units 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 and shall be recorded against the property; and WHEREAS, in accordance with the Government Code Section 54221(b)(1), the land is owned in fee simple by any local agency (City) for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use; and
WHEREAS, the City of Fresno is preparing to release a Request for Proposal for a Community Housing Development Organization to develop the site as a 70-unit single- family affordable housing subdivision.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City Counc il hereby declares the Property located at the southwest corner of S. Willow Avenue and E. Byrd Avenue (APN: 481-110-42T) exempt surplus land in accordance with the California Surplus Land Act.
2. City staff is hereby directed to prepare for disposition of property in compliance with the Request for Proposals process pursuant to City of Fresno Municipal Code Section 4-204 and return to Council for approval of an Agreement for disposition.
3. Conduct any environmental assessment as may be required under th e California Environmental Quality Act.
4. This resolution shall be effective upon final approval.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Taylor W. Rhoan Date
Deputy City Attorney
Attachment: Exhibit A - Parcel Map
Legal Description