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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, FINDING GOOD CAUSE AND
CLEAR AND CONVINCING BENEFIT TO THE PUBLIC
PURSUANT TO FRESNO MUNICIPAL CODE SECTION 4 -
204 RELATING TO THE LEASE OF SURPLUS REAL
PROPERTY IDEN TIFIED AS ASSESSOR’S PARCEL
NUMBERS 470-052-01T, 470-052-02T and 470-052-03T
WHEREAS, the City of Fresno and the City of Fresno in its capacity as the Housing Successor Agency to the Redevelopment Agency (City) own properties located at E.
Cesar Chavez Boulevard (formerly E. Ventura Street) between S. Seventh Street and S.
Eighth Street in southeast Fresno, CA 93702 (APN: 470-052-01T, 470-052-02T and 470- 052-03T) (Properties); more particularly described in Exhibit “A” and depicted in Exhibit “B,” attached hereto and made a part hereof by reference; and WHEREAS, the Properties were previously declared exempt surplus land by Fresno City Council on January 19, 2023, Resolution Number SA-51 and 2023-19; and WHEREAS, Fresno Municipal Code (FMC) Section 4-204 details additional steps which may be required for the disposition of real property including leases exceeding five (5) years; and
WHEREAS, pursuant to FMC Section 4-204(d)(4): “Purchase prices shall be at fair market appraised value, unless the Council makes findings there are substantial community benefits resulting from the sales agreement that justify a price less than market value”; and
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WHEREAS, City has agreed to lease the Properties to Developer, for One Dollar ($1.00) per year as Developer will be the responsible party for the funding, development, and operation of the Properties; and
WHEREAS, Developer has agreed to lease the Properties subject to the development and affordability restrictions pursuant to Government Code section 54221(f)(1)(A) and Government Code section 37364 which requires: (1) Minimum of 80% of the area of any parcel shall be used for the development of housing (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 les s than, 75 percent of the maximum income of lower income households; 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, the Developer of the Properties has agreed to the affordability restrictions of Government Code section 54221(f)(1)(A) and Government Code section 37364 for a period of 55 years; and
WHEREAS, in addition, there have been challenges over the years to the community and to the City in locating land appropriate for the development of affordable housing; and
WHEREAS, the City has a significant interest in development of the Properties to prevent blight and to lease the Properties to the Developer for affordable housing that will confer a further benefit to the public.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City Council hereby makes findings of good cause and clear and convincing substantial community benefit to the public to vary from FMC Section 4- 204(d)(4) and lease the Properties for less than fair market appraised value.
2. The Council hereby makes findings pursuant to FMC Section 4- 204(d)(4) that there are substantial community benefits resulting from the ground lease agreement to justify the lease price of $1.00 per year to Developer.
3. 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, MMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
Attachments:
Exhibit “A”
Exhibit “B”
EXHIBIT A
LEGAL DESCRIPTION
APN: 470-052-01T, 470-052-02T, 470-052-03T
All that certain real property situated in the County of Fresno, State of California, described as follows:
Parcel 1:
Lots 1, 2 and 3 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-01T
Parcel 2:
Lots 5, 6 and 7 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-03T
Parcel 3:
All of Lots numbered 4, 5, 6, 7.8, 9,10, 11, 12, 13, 14, 15, 16. 17. 18, 19, 20, 21.22 and 23, in Block 2 of the Lincoln Hill Addition to the Town, (now City) of Fresno, County of Fresno, State of California, according to the map recorded in Book 1, Page 71 of Plats, in the office of the County Recorder of said County.
APN: portion of
470-052-02T Parcel 4:
Lots 1 and 2 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 5:
Lots 3 and 4 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County,
APN: portion of 470-052-02T
Parcel 6:
Lots 1 and 2 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 7:
Lots 3 and 4 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Boo k 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052 02T
Parcel 8:
Lots 4, 5, 6, 7, 8, 9 and 10 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno State of California, according to the map thereof recorded in Book 7, Page 4
of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T