RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING A PORTION OF CITY -OWNED
PROPERTY “EXEMPT” SURPLUS LANDS PURSUANT TO
GOVERNMENT CODE SECTION 54221(f)(1)(C)
WHEREAS, the Surplus Land Act, codified in California Government Code Section 54220 et seq., (“SLA”) defines “surplus land” as land owned in fee by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is “surplus land” and is not necessary for the agency’s use; and WHEREAS, surplus property that the City is exchanging for another property necessary for the City’s use may be declared “ exempt surplus land” under California Government Code Section 54221(f)(1) (C) and the City has determined that the City Property (defined below) is exempt surplus land because it will be exchanged for property necessary for the City’s use, for the reasons set forth herein; and
WHEREAS, the Honda Center is a 19,000-seat arena owned by the Ci ty and is the home of the National Hockey League’s Anaheim Ducks . The Honda Center sits across Katella Avenue from a City-owned multimodal transportation facility, the Anaheim Regional Transportation Intermodal Center (ARTIC); and
WHEREAS, in 2004, the Ci ty adopted the Platinum Triangle Master Land Use Plan (PTMLUP) to provide opportunities for well -designed development projects in the Platinum Triangle that would combine residential with other uses including office space, retail, and business services in the 820-acre area surrounding and including Angel Stadium of Anaheim and the Honda Center, generally north of Interstate 5 and west of the 57 freeway. Objectives of the PTMLUP include but are not limited to creating a unique integrated, walkable urban envi ronment to encourage pedestrian activity, creating a design where all development would be harmonious, reinforcing transit opportunities around ARTIC, and stimulating market -driven development investment (the “PTMLUP Objectives”); and
WHEREAS, in 2018, the City Council approved a mended and r estated Facility Management Agreements for the Honda Center and ARTIC and a disposition of property adjacent to the Honda Center in an effort to maintain an ongoing capital investment in the Honda Center ; remove ARTIC’s annual general fund operating obligation; ensure that the Anaheim Ducks remain in Anaheim through at least 2048; and, facilitate the future development of the under-utilized land within the Platinum Triangle; and
WHEREAS, in 2020, the City of Anaheim did receive a verified petition for Development Agreement No. 2020- 00004 (the “Proposed Development Agreement”), incorporated herein by reference, for approximately 100 acres in the Platinum Triangle surrounding the Honda Center and ARTIC for the purpose of allowing the development of approximately 1,500 residential dwelling units including approximately 195 affordable units , approximately 1,922,776 square feet of commercial uses including entertainment and commercial indoor and outdoor recreational venues, - 2 -
retail and restaurant uses, office uses, institutional uses including the existing ARTIC, public and private parks and a network of public and private streets (the “Proposed Project”) ; and WHEREAS, by Resolution 2022- _____, considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council found and determined that (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of the Califo rnia Environmental Quality Act ( CEQA), the State CEQA Guidelines, and the City's Local CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEI R No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle (including ten previously adopted addenda, which analyzed development of the Platinum Triangle pursuant to implementation of the PTMLUP and Platinum Triangle Mixed Use (PTMU) Overlay Zone) is the appropriate environmental documentation for the Proposed Project under CEQA; (iii) none of the conditions described in Section 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this resolution; and
WHEREAS, the City owns certain real property , totaling approximately 109,050 square feet and generally described as portion of APN Nos. 253- 521-34, 232-072-06, 232- 072-07 as shown in Exhibit A (collectively, the “City Property”), which would be used to accommodate the Honda Center Improvements (as defined in the Proposed Development Agreement) and the new amphitheater and hotel proposed as part of the Proposed Project, all of which are consistent with the PTMLUP Objectives; and
WHEREAS, the City or City’s designee would have the right to use the amphitheater under the Proposed Development Agreement; and
WHEREAS, Anaheim Real Estate Partners, LLC (“AREP”) owns certain real property contiguous to the City P roperty consisting of a pproximately 119,160 square feet and generally described as APNs 253-521-33, and 253-521-35 as shown in Exhibit A, (the “AREP Property”), which would be developed as a City-owned public parking deck (the “City Parking Deck”), which is necessary for the operation of the City-owned Honda Center and the development of the Honda Center; and
WHEREAS, Pursuant to the Proposed Development Agreement, AREP would design and construct the City Parking Deck at no cost to the City; and WHEREAS, the City Parking Deck would eliminate the City’s need for the underutilized surface parking on the City Property; and
WHEREAS, without the proposed land exchange, the City would be unable to realize and achieve the PTMLUP Objectives through implementation of the Proposed Project, since the Proposed Project, as outlined above, incorporates key improvements identified for the Platinum Triangle in the PTMLUP; and
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WHEREAS, without the proposed land exchange, none of the significant community benefits identified in the Development Agreement No. 2020- 00004 would be realized and the Platinum Triangle, including the City Property, would remain underutilized; and WHEREAS, in light of the foregoing, the proposed land exchange is necessary for the City’s use and the proposed land exchange constitutes a reasonable and equitable exchange.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Anaheim as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The exchange of the City Property in return for the AREP Property is necessary for the City’s use as a City-owned Parking Deck, which would provide necessary and convenient public parking for the City -owned Honda Center and other facilities accessible to the public.
3. The exchange of the City Property in return for the AREP Property would facilitate the development or the Proposed Project, which, as explained herein, would further the PTMLUP Objectives, including the provision of approximately 1,500 residential dwelling units including approximately 195 affordable units.
4. The City Council of the City of Anaheim hereby declares the City Property (portions of APN Nos. 253-521-34, 232-072-06, 232-072-07 depicted in Exhibit A) to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(C) for the reasons set forth above and because the City Property will be exchanged for the AREP Property (portions of APNs 253- 521-33, and 253- 521-35) depicted in Exhibit A), and the exchange is necessary for City’s use of the AREP Property as a City-owned parking deck to serve to the City -owned Honda Center and other publicly-accessible facilities and to facilitate development that furthers the PTMLUP Objective.
5. The City Manager is authorized to execute any and all documents necessary to complete the exchange of the City Property for the AREP Property.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR PRO TEM OF THE CITY
OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
146588
EXHIBIT A
City of Anaheim Property
AREP Property