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RES-2018-095RESOLUTION NO. 2018- 0 9 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 AND ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ANAHEIM A REFERENDUM MEASURE, AND RESCINDING RESOLUTION NO. 2016-201 (REFERENDUM MEASURE ADOPTING ORDINANCE 6376 APPROVING A DEVELOPMENT AGREEMENT PROVIDING VESTED RIGHTS FOR CONSTRUCTION OF A HOTEL AT 1700 S. HARBOR BLVD.) WHEREAS, pursuant to the provisions of Section 1300 of the Anaheim City Charter, the City Council of the City of Anaheim shall call and the City of Anaheim shall conduct a general municipal election in the City of Anaheim on November 6, 2018; and WHEREAS, a referendum petition has been submitted to the City of Anaheim, and has been certified by the City Clerk in accordance with applicable provisions of law relating to Development Agreement No. 2016-00001, as heretofore approved by the City Council of the City of Anaheim on July 26, 2016 by the adoption of Ordinance No. 6376; and WHEREAS, the City Council has not repealed Development Agreement No. 2016- 00001 and, therefore, in accordance with the requirements of Section 9241 of the Elections Code of the State of California, is required to conduct and hold an election for the consideration of Ordinance No. 6376 approving Development Agreement No. 2016-00001 by the voters of the City of Anaheim (the "referendum measure"); and WHEREAS, the City Council is authorized to set and hold the election regarding the referendum measure on the date of the general municipal election set forth herein; and WHEREAS, the City Council desires to submit the referendum measure to the voters of the City of Anaheim at the general municipal election to be held on Tuesday, November 6, 2018; and WHEREAS, on October 18, 2016, the City Council adopted Resolution No. 2016- 201 ordering the submission of the referendum measure to the electors at the November 6, 2018 general election, which it now desires to rescind and replace with this resolution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That Resolution No. 2016-201 is hereby rescinded in its entirety. 2 SECTION 2. That pursuant to the provisions of Sections 1300, 1302 and 1303 of the Anaheim City Charter and Section 9241 of the Elections Code of the State of California, it is hereby ordered that the following ballot measure be submitted to the qualified electors of the City of Anaheim at the general municipal election to be held in said City on Tuesday, November 6, 2018. MEASURE YES REFERENDUM MEASURE APPROVING DEVELOPMENT AGREEMENT NO. 2016-00001 — Shall Anaheim City Council Ordinance No. 6376, which would approve a Development Agreement and provide a vested right to develop a Four Diamond 580- NO room, eight -story hotel on property located at 1700 S. Harbor Blvd. during the five-year term of that Development Agreement in accordance with governmental approvals and entitlements granted by the City, be adopted? SECTION 3. That the complete text of Anaheim City Council Ordinance No. 6376 approving Development Agreement No. 2016-00001 is attached as Exhibit A hereto and incorporated herein by this reference. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for the holding of general municipal elections. SFCTION 7 That the notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in such time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31" of July, 2018, by the following roll call vote: AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None ATTE ITY CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM By: MA OR OF THE CITY OF ANAHEIM 4 Exhibit A ORDINANCE NO. 6376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT NO. 2016-00001 BY AND BETWEEN THE CITY OF ANAHEIM AND GOOD HOPE INTERNATIONAL, A CALIFORNIA CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. (DEV2015-00120) (1700 SOUTH HARBOR BOULEVARD) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (herein referred to as the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City Council"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the "Enabling Ordinance"), making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures Resolution"), establishing procedures and requirements for consideration of development agreements by the City upon receipt of an application therefor; and WHEREAS, pursuant to the authority set forth in the Statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the "Development Agreement Law") and the City's inherent power as a charter city, the City of Anaheim received a verified petition from Good Hope International, a California corporation (the "Developer"), requesting that the City consider and approve a Development Agreement, designated as "Development Agreement No. 2016-00001 " and herein referred to sometimes as the "Development Agreement", in conjunction with the Developer's application for Conditional Use Permit No. 2016-05858, Variance No. 2016-05060 and Final Site Plan No. 2016-00001 to permit the construction of a 580 -room, eight -story hotel with 50,000 square feet of meeting space, 25,600 square feet of restaurant space, 20,188 square feet of concierge lounge space, and fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (herein referred to collectively as the "Proposed Project") for certain real property located at 1700 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 8.8 acres, is developed with a 300 -room hotel and accessory uses. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of both District A and the Anaheim GardenWalk Overlay of the Disneyland Resort Specific Plan Zone (the "SP 92-1 Zone"). The land use and site development standards for District A of the SP 92-1 Zone permit the Property to be developed with uses set forth in Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code. The Proposed Project is a permitted primary use and structure on the Property subject to the limitations prescribed in subsection .020 of Section 18.114.095 (Land Use and Site Development Standards — District A) of Chapter 18.114 (Anaheim Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code and Section 18.114.105 (Anaheim Gardenwalk Overlay) of said Chapter 18.114; and WHEREAS, in support of the adoption of the Disneyland Resort Specific Plan ("DRSP"), the City Council certified Final Environmental Impact Report No. 311 ("FEIR No. 311") by the adoption on June 22, 1993 of its Resolution No. 93R-107; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan ("ARSP") to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The ARSP includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The ARSP permits the development of hotel, convention, retail, and other visitor -serving uses, as well as the infrastructure improvements that are needed to support future development; and WHEREAS, on September 27, 1994, the City Council adopted Ordinance No. 5454 for the purpose of amending the zoning map to reclassify certain real property described therein into the Anaheim Resort Specific Plan Zone (the "SP 92-2 Zone"), subject to certain conditions as specified therein. The City Council concurrently adopted Ordinance No. 5453 for the purpose of establishing zoning and development standards for the ARSP in the form of what was then known as Chapter 18.48 of Title 18 (Zoning) of the Code and is now known as Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Code; and WHEREAS, in support of the adoption of the ARSP, the City Council certified Master Environmental Impact Report ("MEIR No. 313") by the adoption on September 20, 1994 of its Resolution No. 94R-234; and WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 for Amendment No. 14 to the Anaheim Resort Specific Plan ("SEIR No. 340"), which reevaluated all of the environmental changes that had occurred in and around the ARSP area since its adoption in 1994 and contained an analysis of the potential environmental impacts of various entitlements and actions referenced therein, including, inter alia, entitlements permitting the maximum build -out of the ARSP, including an increase of to 406,359 square feet of convention center space, 180,000 square feet of commercial development, 900 hotel rooms, and 40,000 square feet of hotel meeting/ballroom space; and 2 WHEREAS, an Addendum to FEIR No. 311 and SEIR No. 340, dated April 2016 (herein referred to as the "Addendum"), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in FEIR No. 311 and/or SEIR No. 340 would result from the Proposed Project or whether previously identified significant impacts would be substantially more severe in connection with the Proposed Project. FEIR No. 311, SEIR No. 340, the proposed Addendum and Mitigation Monitoring Plan No. 329 ("MMP"), which MMP has been prepared for the Proposed Project, collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual relating to the Proposed Project and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission") conducted a public hearing on the Proposed Project, including, specifically, the proposed Development Agreement, at the Civic Center in the City of Anaheim on April 18, 2016, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, and considered information presented by City staff and evidence for and against the Proposed Project; and WHEREAS, by the adoption of its Resolution No. PC2016-030 on April 18, 2016, the Planning Commission found and determined and recommended that the City Council also find and determine that, due to the nature of the Proposed Project, the CEQA Documents satisfy all of the requirements of CEQA and are adequate to serve as the appropriate environmental documentation for the Proposed Project, subject to approval and adoption of the Addendum and Mitigation Monitoring Program No. 329 for the Proposed Project; and WHEREAS, by the adoption of its Resolution No. PC2016-030 on April 18, 2016, the Planning Commission also found and determined that the Developer has demonstrated eligibility to enter into the proposed Development Agreement and that the proposed Development Agreement meets the criteria set forth in the Development Agreement Law and, therefore, recommended to the City Council that said proposed Development Agreement be approved; and WHEREAS, upon receipt of said Resolution No. PC2016-030, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 12th day of July, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering the CEQA Documents, and did give notice thereof in the manner and as provided by law; and, WHEREAS, by the adoption of a resolution concurrently with but prior in time to the introduction of this Ordinance and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council has found and determined, among other things, the following: 1. That CEQA Documents collectively constitute the environmental documentation under and pursuant to CEQA relating to the Proposed Project; 2. That, pursuant to the findings contained in said concurrent resolution, the CEQA Documents satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Project; and 3. That no further environmental documentation needs to be prepared under CEQA for the Proposed Project. WHEREAS, this City Council, 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, including the evidence presented at the Planning Commission hearing and Planning Commission Resolution No. PC2016-030, does find upon review of the land use aspects of the proposed Development Agreement, as follows: 1. The proposed Development Agreement is consistent with the City's General Plan and with the goals, policies, programs and objectives specified in the General Plan; 2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district in which the Project is and will be located; 3. The proposed Development Agreement is compatible with the orderly development of property in the surrounding area; 4. The proposed Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim; and 5. The approval of the proposed Development Agreement constitutes a lawful, present exercise of the City's police power and authority under, is entered into pursuant to, and is in compliance with the City's charter powers and the requirements of the Development Agreement Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: gFC''TTCIN 1 That Development Agreement No. 2016-00001 by and between the City of Anaheim and Good Hope International, a California corporation, be, and the same is hereby, approved. SECTION 2. That the Mayor be, and is hereby, authorized to execute Development Agreement No. 2016-00001 for and on behalf of the City. 4 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 12thday of July , 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the26th day of July , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSENT: Mayor Tait ABSTAIN: Mone ATT CITY CLERK OF E CITY 4 ANAHEIM 116623-v2/TJR CITY OF ANAHEIM 61 MAYOR OF THE CITY OFA EIM PRO TEM EXHIBIT "A" DEV NO. 2015-00120 APN: 082-271-10 082-271-09 W DISNEY WAY 131' 73.72' ti 39' 107' D J c 1= Q0 0 Lo m EO a x N 657' Q o so ioo Source: Recorded Tract Maps and/or City GIS. FeetPlease note the accuracy is +/- two to five feet. EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 00 13'22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13'22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54'30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07'52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THAT GRANT DEED TO THE CITY OF ANAHEIM RECORDED FEBRUARY 11, 1999 AS INSTRUMENT NO. 19990101952, OFFICIAL RECORDS OF SAID COUNTY. PARCEL 2: BEGINNING AT A POINT ON THE EASTERLY LINE OF HARBOR BOULEVARD 120.00 FEET WIDE AND 60.00 FEET SOUTH OF THE NORTHERLY LINE OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESIGNATED BY A STAKE MARKED "A", 675 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 645 FEET ALONG THE EAST LINE OF SAID SECTION 22, TO A POINT DESIGNATED BY A STAKE MARKED "B" AT THE JUNCTION OF THE EAST LINE OF SAID SECTION 22, WITH THE SOUTH LINE OF LAND FORMERLY OWNED BY H.D. PELHEMUS; THENCE WEST 2640 FEET PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22, AND AT A UNIFORM DISTANCE THEREFROM OF 1320 FEET TO A POINT DESIGNATED BY A STAKE MARKED "C"; THENCE SOUTH 645 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION 22 AND AT A UNIFORM DISTANCE THEREFROM OF 2640 FEET TO A POINT DESIGNATED BY A STAKE MARKED "D", 675 FEET DISTANT FROM AND NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE EAST 2640 FEET PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22 AND AT A UNIFORM DISTANCE THEREFROM OF 675 FEET TO THE POINT OF BEGINNING. CONTINUING SAID DESCRIPTION SOUTH 00 13'22" EAST 15.03 FEET ALONG THE EASTERLY LINE OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 13'22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54'30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 01 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13'22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHERLY 60.00 FEET OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE SOUTH LINE OF SAID NORTHERLY 60.00 FEET SOUTH 890 54'30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07'52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THAT GRANT DEED TO THE CITY OF ANAHEIM RECORDED FEBRUARY 11, 1999 AS INSTRUMENT NO. 19990101952, OFFICIAL RECORDS OF SAID COUNTY. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 6376 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of July, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of July, 2016, by the following vote of the members thereof: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSENT: Mayor Tait ABSTAIN: None IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 2016. Qc��� CITY CLERK OF THE CITY & ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2018-095 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 31St day of July 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of August, 2018. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL)