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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING PROPERTY
IDENTIFIED AS A SSESSOR’S PARCEL NUMBERS 456-
030-34T AND 456-030-44 TO BE EXEMPT SURPLUS LAND
AND INITIATING THE OPEN AND COMPETITIVE
REQUEST FOR PROPOSALS FOR AN EXTENDED LAND
LEASE OF THE PROPERTY FOR PERMANENT
AFFORDABLE AND/OR MIXED INCOME HOUSING
DEVELOPMENT
WHEREAS, the City of Fresno (City) owns a 9.37 acre parcel of land identified as Assessor’s Parcel Numbers (APN) 4 56-030-34T and 456- 030-44 (Property), as more particularly described in Exhibit A, attached hereto and made a part hereof by reference; and
WHEREAS, on November 17, 2022, the City merged APN 450-030-34T and APN 456-030-44; which the Property will be provided with a new parcel number by the Fresno County Assessor at the end of the year; 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
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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 may take any action to dispose of it consistent with the agency’s policies or procedures; and
WHEREAS, the City has sought concurrence with the State of California Housing and Community Development Department, and the State has concurred that APN 450- 030-34T and 456-030-44 was determined to be exempt surplus land on May 18, 2023 ; and
WHEREAS, the proposed development and affordability restrictions support the findings that the property qualifies as exempt from the California Surplus Land Act pursuant to Government Code section 54221(f)(1)(A) because the Properties will be disposed for the development project pursuant to Government Code section 37364(a) which r equires: (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 income); and (3) Dwelling units shall be restricted by regulatory agreement to remain continually affordable to those persons
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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 Government Code s ection 54221(b)(1), the land is owned in fee simple by the City for which the 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 will release a Request for Proposal for a Community Housing Development Organization to develop the site as senior affordable housing development.
NOW, THEREFORE, BE IT RESOLVED by the Council o f the City of Fresno as follows:
1. The City Council hereby declares the 9.37-acre parcel of land identified as Assessor’s Parcel Numbers (APN) 456-030-34T and 456- 030-44 exempt surplus land pursuant to Government Code section 54221(f)(1)(A) of the California Surplus Land Act because the Property will be transferred for a development project pursuant to Government Code section 37364.
2. The City Council hereby initiates the open and competit ive request for proposals process for the development of this parcel into affordable housing pursuant to 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 the 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 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
Attachment:
Exhibit A
EXHIBIT A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE LAND REFERRED TO IS SITUATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE
CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL "C" OF PARCEL MAP NO. 80-01, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 35 OF PARCEL MAPS AT PAGES 58 AND 59, FRESNO COUNTY RECORDS; THENCE NORTH 89°39'55" WEST, ON THE SOUTH LINE OF SAID PARCEL "C", A DISTANCE OF 642.00 FEET; THENCE NORTH 0°02'08" EAST, LEAVING SAID SOUTH LINE, PARALLEL WITH THE EAST LINE OF SAID PARCEL "C", A DISTANCE OF 255.00 FEET; THENCE SOUTH 89°39'55" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 725.00 FEET TO A LINE PARALLEL WITH, AT RIGHT ANGLES, AND 83.00 FEET EAST OF THE EAST LINE OF SAID PARCEL "C", THENCE SOUTH 0°02'08" WEST, ON SAID PARALLEL LINE, A DISTANCE OF 255.00 FEET TO THE SOUTH LINE OF PARCEL "D" OF SAID PARCEL MAP; THENCE NORTH 89°39'55" WEST, ON SAID SOUTH LINE, A DISTANCE OF 83.00 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH PARCEL "D" OF PARCEL MAP NO. 80-01, ACCORDING TO THE MAP THEREOF RECORDED DECEMBER 1, 1980 IN BOOK 35, PAGES 58 AND 59 OF PARCEL MAPS, FRESNO COUNTY RECORDS.
EXCEPTING THEREFROM THE WEST 83.00 FEET THEREOF;
ALSO EXCEPTING THEREFROM PARCEL MAP NO. 96-09, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 57, PAGE 52 OF PARCEL MAPS, FRESNO COUNTY RECORDS.
ALSO EXCEPTING THEREFROM A PORTION OF SAID LAND THAT WAS CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED FEBRUARY 20, 1998. AS DOCUMENT NO. 98024113.
ALSO EXCEPING THEREFROM A PORTION OF SAID LAND THAT WAS CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED FEBRUARY 1, 2001, AS DOCUMENT NO. 2001-0012229.
ALSO TOGETHER WITH UNDERLYING FEE TITLE RIGHTS TO ALL ADJACENT PUBLIC STREET RIGHT OF WAY.
THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT LOT LINE ADJUSTMENT NO. 2022-14 RECORDED JUNE 29, 2022 AS DOCUMENT NO. 2022-0085055 OF OFFICIAL RECORDS.
APN 456-030-34T and 456-030-44