RESOLUTION NO.
A RESOLUTION OF THE GOVERNING BOARD OF THE
ANAHEIM HOUSING AUTHORITY DECLARING CERTAIN
AUTHORITY-OWNED REAL PROPERTY LOCATED AT
1301 NORTH ANAHEIM BOULEVARD AND 401 WEST
CARL KARCHER WAY (APN 073-083-34, -38, -41, AND -42),
AS EXEMPT SURPLUS LAND; DIRECTING THE
EXECUTIVE DIRECTOR TO FOLLOW THE PROCEDURES
SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA
GOVERNMENT CODE SECTIONS 54220, ET SEQ.; MAKING
CERTAIN FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND AUTHORIZING
CERTAIN OTHER ACTIONS
WHEREAS, the Anaheim Housing Authority (“Authority”) is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq ., of the Health and Safety Code (“HAL”), and has been authorized to transact business and exercise the power of a housing authority pursuant to action of the City Council (“City Council”) of the City of Anaheim; and WHEREAS, the City of Anaheim is a California charter city and municipal corporation (“City”); and
WHEREAS, the Authority also serves as the housing successor to the former and dissolved Anaheim Redevelopment Agency pursuant to Division 24, Part 1.85, of the California Health and Safety Code, Section 34170, et seq. (“Dissolution Law”); and
WHEREAS,
together, the HAL, Dissolution Law, and applicable related statutes of the California Health and Safety Code are referred to as the “HSC”; and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill 1486 (“AB 1486”), which law significantly amended the Surplus Land Act, California Government Code Section 54220, et seq., and became effective on January 1, 2020, and the Surplus Land Act has been further amended since, most recently through Assembly Bill 480 and Senate Bill 747, which became effective January 1, 2025 (as amended, “SLA”); and WHEREAS, under the SLA the term “surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular meeting declaring that such land is surplus and is not necessary for the agency’s use; and WHEREAS, under the SLA the term “agency’s use” means land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board; and WHEREAS, under the SLA “surplus land” that meets one or more specified conditions, including the development of affordable housing subject to certain regulations, can be designated “exempt surplus land” as defined in Government Code Section 54221(f)(1); and
WHEREAS, Government Code Section 54221(f)(2) regarding a required notice of availability for open space purposes is not applicable to the Property described herein.
WHEREAS, if the surplus land is exempt, the SLA will not apply to the disposal of such “exempt surplus land” pursuant to Government Code Section 54222.3; and
WHEREAS, the Authority owns in fee simple certain parcels of real property located at 1301 North Anaheim Boulevard and 401 West Carl Karcher Way (APN 073- 083-34, -38, -41, and -42), which comprises approximately 6 acres (“Property”); and
WHEREAS, in 2018, the Authority acquired the Property through two separate acquisitions with the intent of redeveloping the Property with affordable housing; and
WHEREAS, the long- term development plan for the Property is for a new construction, mixed-use residential project with ancillary community serving uses, which will align with strategic plan goals of Anaheim to expand affordable housing options for low -income residents; and
WHEREAS, under the SLA, the Authority may take formal action in a regular public meeting to declare land as “surplus land” or “exempt surplus land”; and WHEREAS, this Resolution makes certain findings in compliance with the SLA and the California Environmental Quality Act as codified in Public Resources Code Section 21000, et seq.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY FINDS AND RESOLVES AS FOLLOWS:
Section 1. The Authority finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Authority hereby declares that the Authority-owned portion of the Property is not necessary for the Authority’s use. The basis for this declaration is that the Property may better serve the community goals and objectives through development of the Property.
Section 3. The Property is hereby declared to be “exempt surplus land”; and, the Authority affirms it has not adopted a written plan for the “agency’s use” of this Property as such terms are defined in the SLA. Specifically, since the Property is intended to be used for a mixed -use development that is more than one acre and less than 10 acres in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, the Property is declared to be “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(G)(i), which applies to surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for an affordable housing development that meets the specific requirements of subdivision (i) of Section 54221(f)(1)(G).
Section 4. The Authority authorizes and directs the Executive Director and her designees (“Director”), on behalf of the Authority, to:
(a) prepare a competitive bid process and send a written request for qualifications (“RFQ”) about the Property to the entities designated in Government Code Section 54222(a); (b) comply with the notification, recording and reporting requirements prescribed by the California Department of Housing and Community Development (“HCD”) under the SLA; (c) evaluate the written proposals, if any, that are submitted by one or more public or private entities timely and are responsive to the RFQ and which entity(ies) desire to lease the Property on terms that comply with the SLA;
(d) during such RFQ period, the Authority (through the Director) may enter into good faith negotiations to determine mutually satisfactory terms relating to the disposition of the Property as presented in one or more responsive proposals, if any; and (e) Take all actions that may be deemed necessary or proper to effectuate the purposes of this Resolution, and actions previously taken, if any, are hereby ratified and confirmed.
Section 5. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000, et seq .), including the CEQA Guidelines (together, “CEQA”). The declaration of the Property as “exempt surplus land” does not have the potential for creating a significant effect on the environment and no further review or action under CEQA is required. The actions authorized by this Resolution are exempt from further environmental review pursuant to CEQA Guidelines Section 15060(c)(3) (not a project as defined by CEQA Guidelines Section 15378), Section 15312 (the sale of surplus government property), and Section 15061(b)(3) (no possibility that the action will have a significant effect of the environment). If and when the Property is sold or leased to a purchaser and that purchaser proposes a use for the Property that may require subsequent discretionary review and action and CEQA review, that future use and potential project will be analyzed at the appropriate time pursuant to CEQA.
Section 6.
This Resolution shall be effective upon adoption.
Section 7. The Authority Secretary shall certify to the adoption of this Resolution.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM HOUSING AUTHORITY THIS DAY OF , 2025, BY
THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ANAHEIM HOUSING AUTHORITY
ATTEST:
By:
CHAIRPERSON
AUTHORITY SECRETARY