The City owns property located at 421 Madison Street (“Property”), assessor parcel number 0030-275-010. Under the Surplus Land Act, Government Code Sections 54220-54223 (“Act”), land that is not necessary for the City’s use shall be declared either surplus land or exempt surplus land. By its Resolution No. 2020-201, adopted on October 20, 2020, the City Council declared the Property to be exempt surplus land pursuant to Section 54221(f)(1)(D) of the Act because the City will transfer the Property to the FHA to promote and advance long-term low- and moderate-income housing objectives, which benefits the City, the FHA, and the community.

The Act provides that the City may dispose of the Property without further regard to the requirements of the Act. However, on October 9, 2019, the California Department of Housing and Community Development (“HCD”) adopted guidelines for the Act. The guidelines state that the City must provide HCD with its written findings supporting its declaration that the Property is exempt surplus land for HCD’s review at least 30 days prior to disposition.

The guidelines also specify that the transfer of the Property to the FHA must be for the City’s use in order for the Property to be deemed exempt surplus land. The transfer of the Property will be for the City’s use, in that it assists the City in meeting its obligations under the Housing Element of its General Plan to provide affordable housing pursuant to its Regional Housing Needs Assessment allocation, and is consistent with the Legislature’s declaration of a housing shortage for persons and families of low- and moderate- income, and the declaration that housing is of vital importance to the health, safety, and welfare of every Californian pursuant to Government Code Section 54220(a).

The Fairfield Planning Commission has reviewed the proposed transfer of the Property for affordable housing purposes for conformity with the City’s General Plan and found that the proposed transfer conforms with the General Plan.

Resolution No. 2020-201 reaffirms the City Council’s declaration that the Property is exempt surplus land, clarifies that the City is transferring the Property to the Authority for the City’s use, directs City staff to provide the required notification to HCD, and authorizes the transfer of the Property by the City to the Authority by a quitclaim deed after consultation with the City Attorney regarding compliance with the guidelines. In turn, the FHA will execute a Certificate of Acceptance.

Environmental Review

The Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The Property is not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4) of the State CEQA Guidelines, and thus the disposition of the Property is exempt from CEQA pursuant to Section 15312 of the State CEQA Guidelines.