HomeMy WebLinkAboutReso 83-25 Declaring Property Located in the Dublin Centre Project to be Exempt
Reso. No. 83-25, Item 5.2, Adopted 10/07/2025 Page 1 of 3
RESOLUTION NO. 83–25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING PROPERTY LOCATED IN THE DUBLIN CENTRE
PROJECT TO BE EXEMPT SURPLUS LAND FOR
AFFORDABLE HOUSING DEVELOPMENT PURSUANT TO THE
SURPLUS LAND ACT
WHEREAS, on December 6, 2022, the City Council approved a Development Agreement for
the Dublin Centre project, and as part of the project’s compliance with the City’s Inclusionary Zoning
Ordinance, the developer agreed to donate land within the Dublin Centre project to the City or its
designated recipient; and
WHEREAS, on November 5, 2024, the City Council approved an Affordable Housing
Assistance Agreement (“AHAA”) with Sunflower Grace, L.P. with respect to certain approximately
1.83 acres of real property located in the Dublin Centre project, a portion of APN 985-0051-006-00
(the “Property”), for the development and operation of an affordable rental housing development
thereon; and
WHEREAS, Sunflower Grace, L.P., which includes affiliates of Sunflower Hill and Satellite
Affordable Housing Associates (SAHA) as general partners, proposes to develop the Grace Pointe
project on the Property consisting of a 60-unit low- and very-low-income affordable housing project
for those with intellectual and developmental disabilities (I/DD); and
WHEREAS, Sunflower Grace, L.P. requested that the City acquire the Property from the
Dublin Centre master developer and subsequently transfer it to Sunflower Grace, L.P. as surplus
property to enhance the competitiveness of its funding applications; and
WHEREAS, the Surplus Land Act, Government Code Section 54220, et seq., provides that
local public agencies must determine whether land owned by the public agency is “surplus land” or
“exempt surplus land” prior to the sale or lease of such land; and
WHEREAS, Section 54221(f)(1)(A) of the Surplus Land Act provides that surplus land that is
transferred by a city pursuant to Government Code Section 37364 is “exempt surplus land”; and
WHEREAS, Government Code Section 37364 authorizes cities to convey real property when
not less than 80% of the property will be developed for housing, and not less than 40% of the housing
units will be developed for low and very low-income tenants at an affordable rent, and restricted for
a period of at least 30 years; and
WHEREAS, the AHAA requires that all of the Property will be developed for housing, and all of
the housing units thereon (except for one manager’s unit) will be developed for low and extremely
low income tenants at an affordable rent, and restricted for a period of 55 years, pursuant to a
Regulatory Agreement between the City and Sunflower Grace, L.P. to be recorded in the official
records of Alameda County; and
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Reso. No. 83-25, Item 5.2, Adopted 10/07/2025 Page 2 of 3
WHEREAS, Section 54221(f)(1)(F) of the Surplus Land Act provides that “exempt surplus
land” includes surplus land that is to be developed for a housing development that restricts 100
percent of the residential units to persons and families of low or moderate income, with at lea st 75
percent of the residential units restricted to lower income households, with an affordable rent for 55
years for rental housing, and the maximum affordable rent level is at least 20 percent below the
median market rents for the neighborhood in which the site is located, with such requirements
contained in a covenant or restriction recorded against the surplus land that runs with the land; and
WHEREAS, the AHAA requires that a Regulatory Agreement will be recorded against the
Property at the time of conveyance to Sunflower Grace, L.P. which requires that for a period of 55
years the rental of 100 percent of the residential units (except for one manager’s unit) will be
restricted to persons and families of low or moderate income, with at least 75 percent of the
residential units restricted to lower income households, with an affordable rent, and the maximum
affordable rent level will be at least 20 percent below the median market rents for the neighborhood
in which the Property is located; and
WHEREAS, Section 54221(f)(2) of the Surplus Land Act provides that notwithstanding the
foregoing exemptions, a written notice of the availability of surplus land for open -space purposes
shall be sent to specified entities if the land is within a coastal zone, adjacent to a historical unit of
the State Parks System, listed on or determined by the State Office of Historic Preservation to be
eligible for the National Register of Historic Places, or within the Lake Tahoe region; and
WHEREAS, the Property does not meet any of the criteria of Section 54221(f)(2) of the Surplus
Land Act, and therefore no written notice of the availability of surplus land for open-space purposes
is required to be sent with respect to the Property; and
WHEREAS, the Surplus Land Act Guidelines provide that a local agency that determines that
property is exempt from the Surplus Land Act shall support such a determination with written
findings and shall provide a copy of the written determination to the California Department of
Housing and Community Development at least 30 days prior to disposition; and
WHEREAS, the City Council desires to declare the Property to be exempt surplus land and to
make certain findings with respect to the City’s conveyance of the Property to Sunflower Grace, L.P.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby makes
the following findings and determinations:
1. The Property is designated as exempt surplus land on the basis that the City intends to
convey the Property in accordance with Government Code Sections 54221(f)(1)(A) and
54221(f)(1)(F).
2. The City Council hereby directs the City Manager or her designee to transmit a copy of
this resolution to the California Department of Housing and Community Development, and to
transmit such further information and documents as are necessary for the Department’s review of
the compliance of this transaction with the requirements of the Surplus Land Act.
3. The conveyance of the Property to Sunflower Grace, L.P. pursuant to the AHAA shall
occur no earlier than the first to occur of (a) the approval of the findings hereof by the California
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Reso. No. 83-25, Item 5.2, Adopted 10/07/2025 Page 3 of 3
Department of Housing and Community Development, or (b) thirty days after the submission of this
resolution and all accompanying documents to the California Department of Housing and
Community Development.
PASSED, APPROVED AND ADOPTED this 7th day of October 2025, by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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