1 RESOLUTION NO._____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND
DETERMINING AND DECLARING CITY-OWNED LAND TO BE EXEMPT
SURPLUS LAND PURSUANT TO
GOVERNMENT CODE SECTION 54221(f)(1)(A)
WHEREAS, t he City of Richmond (“City”) is the owner of that certain real property located within the City consisting of approximately 1.2 acres, and more particularly described and depicted in Exhibit A-1 attached hereto (“Subarea 1”).
WHEREAS, pursuant to that certain Disposition and Development Agreement dated as of April 11, 2002, and executed by and among the San Francisco Bay Area Rapid Transit District (“BART”), the Successor Agency to the former Richmond Community Redevelopment Agency, and Richmond Transit LLC (“Richmond Transit”) (as subsequently amended, to among other things, reflect the addition of the City as a party and the substitution of Pacific West Communities, Inc. (“Pacific”) for Richmond Transit, hereafter referred to as the “DDA”), BART will convey to the City the property located adjacent to Subarea 1 (as more particularly described in Exhibit A -2 attached hereto , “Subarea 2 ” and “ Subarea 3 ”). Subarea 1, Subarea 2 , and Subarea 3 are collectively referred to herein as the “Property.”
WHEREAS, pursuant to and subject to the terms and conditions se t forth in the DDA, the City will convey the Property to private developers for the development of a three -phased master planned transit-oriented development that will include approximately 520 residential units, of which not less than 40% (208 units) will be restricted for sale or rental to low -income households at affordable rent or affordable sales prices for terms of not less than 55 years.
WHEREAS, the City and Pacific have agreed upon terms for the City’s ground lease of Subarea 1 to an affiliate of Pacific (“Subarea 1 Ground Lease”), and have agreed that the project to be developed on Subarea 1 will be a 150 -unit multifamily rental residential project in which at least 14 9 apartments will be affordable to households whose income does not exceed sixty percent (60%) of Area Median Income (“AMI”), of which 38 apartments will be affordable to households whose income does not exceed thirty percent (30%) of AMI and 36 apartments will be affordable to households whose income does not exceed fifty percent (50%) of AMI.
WHEREAS, pursuant to the DDA, the City will require Subarea 2 and Subarea 3 to be developed with no fewer than 37 0 residential units of which no fewer than 59 units (or such greater number as necessary to satisfy the requirements of Government Code Section 37364) will be restricted for sale or rental to households whose income does not exceed sixty percent (60%) of AMI, and at least one -half of such restricted units will be restricted for sale or rental to households whose income does not exceed fifty percent (50%) of AMI.
WHEREAS, the master plan for development of the Property as set forth in the DDA requires that in the aggregate no fewer than 40% of the residential units developed on the Property (149 units on Subarea 1 and at least 59 units on Sub areas 2 and 3 ) (collectively the “Restricted Units”) will be restricted for sale or rental to households whose income does not
2 exceed 60% of AMI, and in the aggregate no fewer than 104 of the Restricted Units (50% of the Restricted Units including 74 units on Subarea 1 and at least 30 units on Subareas 2 and 3 ) will be restricted for sale or rental to households whose income does not exceed 50% AMI.
WHEREAS, t he Surplus Land Act ( Government Code Section 54220 et. seq. ) was enacted to promote af fordable ho using development on unused or underutilized public land throughout the State to respond to the affordable housing crisis , and now requires public agencies, including charter cities, to follow certain procedures to dispose of “surplus land” or declare land to be “exempt surplus land” at a regular public meeting prior to disposition.
WHEREAS, pursuant to Government Code Section 54221(f)(1)(A), surplus land that is transferred pursuant to Government Code Section 37364 qualifies as “exempt surplus land.”
WHEREAS, Government Code Section 37364 authorizes cities to sell, lease, or otherwise dispose of real property to provide housing affordable to persons and families of low - or moderate-income provided that (i) at least 80% of the area of the prope rty will be used for development of housing, and (ii) at least 40% of the housing units developed on the property will be affordable to households whose income is not greater than 60% AMI (75% of the upper limit for “lower income households”) , of which at least one-half will be affordable to households of very low-income (50% AMI).
WHEREAS, t he DDA requires the Property to be developed for residential uses consistent with the affordability restrictions set forth in Government Code Section 37364.
NOW, TH EREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
RICHMOND CITY COUNCIL , COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT:
1. The City Council adopts the recitals set forth above as findings of fact.
2. The City Council has determined, and hereby affirms tha t the Prope rty will be used to provide housing affordable to persons and families of low - or moderate-income, that this use is in the City’s best interests , and that development of the Property in accordance with the requirements of the DDA will satisfy th e requireme nts of Government Code Section 37364.
3. The City Council further makes the following findings, pursuant to Government Code Section 37364:
a. Consistent with the requirements set forth in the DDA, not less than 80% of the Property will be developed for housing, consisting of 520 residential units, including 150 units in a first phase developed on Subarea 1, and approximately 370 units in a second and third phase developed on Subarea 2 and Subarea 3.
b. Consistent with the requirements set forth in the DDA, not le ss than 40% of the residential units developed on the Property will be affordable to hou seholds
3 whose incomes are not greater than 75% of the maximum income of lower - income households (equivalent to 60% of AMI), at least one-half of which will be affordable to very low-income households (up to 50% AMI).
c. Consistent with the requirements of the DDA , the Subarea 1 Ground Lease, and a separate regulatory agreement that will be recorded against Subarea 1 (“Subarea 1 Regulatory Agreement”), 149 of the residential units developed on Subarea 1 will be restricted for occupancy at affordable rents by households with household incomes between 30% and 60% of A MI. The Subarea 1 Ground Lease and the Subarea 1 Regulatory Agreement will restrict 75 units for occupancy at affordable rents by households whose incomes are not greater than 60% AMI, and 74 units for occupancy at affordable rents by households whose incomes are not greater than 50% AMI. The affordability restrictions will be set forth in both the Subarea 1 Ground Lease which will have a term of 99 years, and in the Subarea 1 Regulatory Agreement that will be recorded again st Subarea 1 in the official records of Contra Costa County. The Subarea 1 Regulatory Agreement will be binding upon successors in interes t, and will require compliance with the foregoing rent and household income restrictions for a term of not less than 55 years.
d. Consistent with the requirements of the DDA and separate regulatory agreements that will be recorded against Subare a 2 and Sub area 3 (“ Subarea 2 and 3 Regulatory Agreements”), at least 59 residential units (or such greater number as necessary to satisfy the requirements of Government Code Section 37364) developed on Subarea 2 and Subarea 3 will be restricted for sale o r rental to households whose income does not exceed sixty percent (60%) of AMI, and at least one -half of such restricted units will be restricted for sale or rental to households whose income does not exceed fifty percent (50%) of AMI. The Subarea 2 and Subarea 3 Regulatory Agreements will be recorded against Subarea 2 and Subarea 3 in the official records of Contra Costa County , will be binding upon successors in interest, and will require compliance with the foregoing rent , sale price, and household income restrictions for a term of not less than 55 years.
4. Based upon the foregoing, t he City Council h ereby determines and declares the Property to be exempt surplus land under Government Code Section 54221(f)(1)(A) as property transferred pursuant to Government Code Section 37364.
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4 I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a meeting thereof held on ______, 2023 , by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
ATTEST:
__________________________________________________________ Mayor
Approved as to form:
__________________________________________
City Attorney
Attachments:
Exhibit A-1
Exhibit A-2
5 Exhibit A-1
SUBAREA 1
[Legal Description, Site Plan]
6 Legal Description
SUBAREA 1
Portion of Portola Avenue as shown on the Amended Map of the City of Richmond, filed March 31, 1905, Book D of Maps, page 74, Contra Costa County Records, described as follows:
Beginning on the northeastern line of said Portola Avenue at the northwestern corner of the parcel of land described in the deed to the City of Richmond, recorded December 9, 1909, Book 151 of Deeds, page 85; said corner also being a point on the southwesterly line of Lot 20, Block 100 of said map; thence northwesterly along said northeastern line of Portola Avenue to a point being the northwestern corner of Lot 1, Block 100 of said Map; thence westerly along the western extension of the north line of said Lot 1 to a point on the southwestern line of said Portola Avenue; thence southeasterly along said southwestern line of said Portola Avenue to the intersection with the westerly extension of the north line of said City of Richmond parcel (151 D 85); thence easterly along said westerly extension to the point of beginning.
APN: 514-050-010
7 8
Exhibit A-2
SUBAREAS 2 AND 3
[Insert legal description.]
9 10
11 12
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