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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA DECLARING A 9,650.1 SQUARE
FOOT PORTION OF PUBLIC STREET RIGHT OF WAY
LOCATED ON THE WEST SIDE OF SOUTH GOLDEN
STATE BOULEVARD NORTH OF EAST JENSEN AVENUE,
FRESNO, CALIFORNIA TO BE EXEMPT SURPLUS LAND
WHEREAS, the City of Fresno currently owns a vacant strip of land identified as a 9,650.1 square foot portion of land, located on the west side of South Golden State Boulevard, north of East Jensen Avenue, in Fresno, California, contiguous to Assessor’s Parcel Number 479-071-36 (Property), as described and depicted on the attached exhibits hereto as Exhibits “A” and “B;” and
WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54234) 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 August 2024 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 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 may take any action to dispose of it consistent with the agency’s policies or procedures; and 2 of 4 435580v1
WHEREAS, the Property is a portion of abandoned Golden State Boulevard, owned in fee by the City; and
WHEREAS, the Property is no longer used by the City as a city street or right-of-way; and
WHEREAS, the City does not intend to use the Property for any future purposes; and WHEREAS, the City has sought concurrence with the State of California Housing and Community Development Department (HCD), and on December 30, 2024, HCD has concurred that the Property is deemed exempt surplus land; and
WHEREAS, the Property is exempt surplus land pursuant to California Government Code section 54221(f)(1)(B) because the Property is a is less than one- half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes; and
WHEREAS, the Property is exempt surplus land pursuant to California Government Code section 54221(f)(1) (E) because the Property is a former street, right of way , or easement, and will be conveyed to the owner of an adjacent property; and WHEREAS, in accordance with the Government Code Section 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.
WHEREAS, the Property is not a property defined by California Government Code section 54221(f)(2), because the Property is not within a coastal zone, is not adjacent to a historical unit of the State Parks System, is not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and is not located within the Lake Tahoe region as defined in Section 66905.5 of the Government 3 of 4 435580v1
Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Property shall be declared exempt surplus land pursuant to California Government Code section 54221(f)(1)(B) and (E) as the Property is a is less than one- half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes, and the Property is a former street, right of way, or easement, and will be conveyed to the owner of an adjacent property.
2. 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 2025.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey Seib Date
Deputy City Attorney
Attachments:
Exhibit “A,” Legal Description of Property
Exhibit “B,” Legal Depiction of Property