Loading...
Resolution-PC 2011-054RESOLUTION NO. PC2011 -054 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING THE THIRD ADDENDUM TO THE PREVIOUSLY- APPROVED POINTE ANAHEIM INITIAL STUDY /MITIGATED NEGATIVE DECLARATION ANAHEIM GARDENWALK PROJECT SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT NO. 3 TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99 -01 BY AND BETWEEN THE CITY OF ANAHEIM AND KATELLA ANAHEIM RETAIL, LLC (DEV2010- 00166) WHEREAS, the City and Anaheim GW, LLC, a Delaware limited liability company (the "Original Developer"), entered into that certain Second Amended and Restated Development Agreement No. 99 -01 dated as of April 11, 2006 and recorded in the Official Records of Orange County, California on June 2, 2006 as Instrument No. 2006000373943 (the "Development Agreement ") with respect to that certain real property described in the "Legal Descriptions" which are attached hereto as Exhibit "A" and incorporated herein by this reference; WHEREAS, unless otherwise defined in this Amendment No. 3, all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California; WHEREAS, the Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company ( "Anaheim GW 11 ") pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99 -1 dated as of January 31, 2007 and recorded in the Official Records of Orange County California on February 7, 2007 as Instrument No. 2007000092571; WHEREAS, the Original Developer assigned, and GardenWalk Hotel I, LLC, a California limited liability company ( "GardenWalk Hotel ") assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99 -1 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007 as Instrument No. 2007000453402; WHEREAS, in 2008, Anaheim GW 11 completed construction of Retail No. 1 and Parking Structure No. 1. Shortly thereafter, these components of Anaheim GardenWalk opened to the public; WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort' to Westgate Resorts Anaheim LLC, a Florida limited liability company ( "Westgate Resorts ") pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99 -1 dated as of February 29, 2008 and recorded in the Official Records of Orange County California on March 6, 2008 as Instrument No. 2008000105443; WHEREAS, GardenWalk Hotel, Westgate Resorts and the City of Anaheim amended the Second Amended and Restated Development Agreement No. 99 -1 on March 1, 2010 and recorded in the Official Records of Orange County California on July 19, 2010 as Instrument No. 2010000341657 to (i) redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as (1) Project element consisting of two (2) Hotels totaling approximately 866 Hotel Rooms in the aggregate, (ii) to require the Commencement of 'This Partial Assignment defines "Timeshare Parcel" as a portion of the Property described in the Purchase Agreement between the Assignor and Assignee. "Vacation Ownership Resort" is defined in Section 1.74 of the Development Agreement, and this definition is different from the "Vacation Ownership Resort No. 1" defined in Section 1.75 of the Development Agreement. Construction of the Hotels to occur on or before May 26, 2011 and to (iii) require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019; WHEREAS, Anaheim GW II defaulted on its loan secured by the retail /entertainment component of Area A of Anaheim GardenWalk. On April 8, 2010 foreclosure occurred whereby Katella Anaheim Retail, LLC, a Delaware Limited Liability Corporation ( "Katella Anaheim ") became the new entity succeeding in interest to Anaheim GW II. Shortly thereafter, in correspondence dated June 7, 2010, Katella Anaheim re- affirmed its right, title or interest, subject to all of the terms and conditions of the Development Agreement, that it is entitled to the rights and obligations under the Development Agreement; WHEREAS, GardenWalk Hotel requested that the City further amend the Development Agreement to require Commencement of Construction of the Hotels to occur on or before May 26, 2013. In Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99 -1 dated , 2010 and recorded in the Official Records of Orange County California on , 2010 as Instrument No. 2010 a the City and GardenWalk Hotel amended the Second Amended and Restated Development Agreement No. 99 -1 to require that Commencement of Construction of the Hotels occur on or before May 26, 2013 and Completion of Construction and Opening for Business (as defined in Amendment No. 2) shall occur no later than 36 months after Commencement of Construction of the Hotels; WHEREAS, Katella Anaheim desires to make changes to the mix of uses and minor changes to the square footage of Retail No. 1. These changes would reposition Anaheim GardenWalk to be more successful in these challenging economic times. WHEREAS, the City and Katella Anaheim Retail, LLC intend, in this Amendment No. 3, to amend said Development Agreement as set forth above; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2011 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Amendment No. 3 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that said amendment to Development Agreement meets the following standards set forth in the Procedures Resolution: 1. The Project is consistent with the City's General Plan in that it is in conformance with the General Plan Commercial Recreation land use designation and with the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the General Plan. 2. The Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the Disneyland Resort Anaheim GardenWalk Overlay requirements. 3. The Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone requirements. 4. The Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 2 The Amendment calls it "Vacation Ownership No. 1" and not "Vacation Ownership Resort No. 1," even though that is the term defined in the Development Agreement. 5. The Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. The amendment to the Development Agreement is entered into pursuant to and is in compliance with the City's charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, including Amendment No. 3 to Second Amended and Restated Development Agreement no. 99 -01, and did find and determine and recommend . that the City Council find and determine pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Third Addendum to the previously - approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this Amendment No. 3 to Second Amended and Restated Development Agreement no. 99 -Oland satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this amendment. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve Amendment No. 3 to Second Amended and Restated Development Agreement no. 99 -01. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon Katella Anaheim Retail, LLC's compliance with each and all of the conditions set forth in the Development Agreement, as amended. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 6, 2011. Said resolution is subject to the appeal prosio yset forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Co -t t. appeal procures. ATTEST: CHAIRMAN;? AHEIM CITY PLANNING COMMISSION g SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 6, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAK! IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of July, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Exhibit A DAG99 -01 C I APNs: 082 - 551 -07 082- 551 -02 082 - 551 -04 082 -551 -03 082 - 271 -09 082- 551 -11 Ark IUD :GO 082- 551 -01 082 - 271 -10 082 -551 -05 082- 551 -06 082- 551 -10 082 - 551 -08 W DISNEY WAY 134.97' 432.78' 6 rNI (V 223.99' 223.99' W KATELLA AVE Source Recorded Tract Maps and/or City GIS Please note the accuracy is +/- two to five feet 10987