Resolution-PC 2006-25~
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RESOLUTION NO. PC2006-25
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMIVIISSION
DETERMINING, AND RECOMMENDING TO THE CITY COUNCIL,
THAT THE APPLICANT HAS DEMONSTRATED ELIGISILITY TO ENTER INTO
THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (ALSO KNOWN
AS AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01) BY AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM GW, LLC, AND THAT THE
AGREEMENT MEETS 7HE CRITERIA SET FORTH W
THE PROCEDURES RESOLUTION N0. 82R-565_
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 (hereinafter the"Statute") authorizes a city to
enter into a development agreement with any person having a legal or equitable interest in real property
for the development of the property as provided in said Statute; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23,
1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject
to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City
heretofore on November 23, 1982, adopted Resolution Na 82R-565 (hereinafter the'Procedures ~
Resolution") establishing procedures and requirements for the consideration of development agreements
upon receipt of an application by the City; and
WHEREAS, pursuant to Section 65864, et seq. of the Statute, the City of Anaheim and
Excel Pointe Anaheim, LLC heretofore entered into that certain Development Agreement No. 99-01 dated
as of July 29, 1999 to vest certain project entitlements and further address the implementation of the
Anaheim GardenWalk project (formerly known as the Pointe Anaheim project); anda
WHEREAS, on March 19, 2002, the City Council did, by its Ordinance No. 5808, (i)
approve the First Amended and Restated Development Agreement No. 99-01 by and between the City of
Anaheim and Excel Pointe Anaheim, LLC, regarding certain regulations that will govern construction of
the Anaheim GardenWalk project (formerly known as the Pointe Anaheim project); (ii) make certain
findings related thereto, and (iii) authorize the Mayor to execute said agreement for and on behalf of the
City; and
WHEREAS, on January 11, 2005, the City Council did, by its Ordinance No. 5953,
approve Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-01 by
and between the City of Anaheim and Anaheim GW, LLC, as successor-in-interest to Excel Pointe
Anaheim, LLC, and amend subsection 1.43 of Section 1(Definitions) of the Development Agreement to
define the "Outside Initial Phase Commencement Date" to mean February 26, 2006; and
WHEREAS, on January 31, 2006, the City Council did, by its Ordinance No. 6015,
approve Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 by
and between the City of Anaheim and Anaheim GW, LLC, and amend subsection 1.43 of Section 1
(Definitions) of the Development Agreement to define the "Outside Initial Phase Commencement Date" to
mean February 26, 2007; and ~
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code,
William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005,
that the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to
The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit Na 4078 (including a
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waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific P{an,
Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further
described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and
WHEREAS, on December 12, 2005, the Planning Commission, by motion, duly initiated
General Plan Amendment No. 2005-00440, Amendment No: 6 to The Disneyland Resort Specific Plan
and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of
parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is
not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel
and Suites propertyJocated at 1700 South Harbor Boulevard; and
WHEREAS, pursuant to the Statute, the Enabling Ordinance, and the Procedures
Resolution (hereinafter collectively referred to as the "Development Agreement Lav~'), Anaheim GW, LLC,
("Applicant"}, submitted an application to the Planning Department for approva! of Second Amended and
Restated Development Agreement No. 99-001 (also known as Amendment No. 3 to #he First Amended
and Restated Development Agreement No. 99-01) (the "Development Agreement"), to vest certain project
entitlements and further address the implementation of the Anaheim GardenWalk project, as it is
proposed to be modified including development in two areas (Areas A and B) (the Development
Agreement is provided as Exhibit A of,this Resolution and is incorporated herein); and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of theAnaheim Municipal Code,
William Stone, as authorized agent for Anaheim GW, LLC, in connection with a request for the City of
Anaheim to enter into a Second Amended and Restated Development Agreement No. 99-01
(Amendment No. 3 to the First Amended and Restated Development Agreement Na 99-01) by and
between the City and Anaheim GW, LLC, submitted applications for General plan Amendment No. 2005-
00440, Amendment No. 6 to The Disneyland Resort Specific Plan, an amendment to Conditional Use
Permit No. 4078 {including a waiver of minimum number of parking spaces), Tentative Parcel Map Na
2002-205 and Final Site Plan No. 2006-00002 and further, that the applicant has also submitted a request
to amend the Disposition and Development Agreement by and between the City of Anaheim and
Anaheim GW, LLC which will be considered by the City Council, all of which applications pertain to
amendments to the Anaheim GardenWalk project for the 20.3 acres of The Disneyland Resort Specific
Plan, Pointe Anaheim Overlay under the ownership and/or control of Anaheim GW, LLC (hereinafter
referred to as the "Proposed Project Actions"); and
WHEREAS, the Anaheim GardenWalk Project area consists of approximately 29.1 acres
having approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard
and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and
Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the
north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of
Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point
615 feet south of the centerline of Disney Way; that the one parcel not currently under the direct control
of the developer consists of the 8.87-acre Pyrovest Anaheim P1aza Hotel and Suites parcel(1700 South
Harbor Boulevard); and that the property which is the subject of the Second Amended and Restated
Development Agreement No. 99-01 is shown as Area A on Exhibit A of the attached Development
Agreement; and
WHEREAS, pursuant to Section 65867 of the Statute and Section 2.1 of the Procedures
Resolution, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on March 6, 2006, at
2:30 p.m., notice of said public hearing having been duly given as required by law, to hear and consider
evidence for and against said Second Amended and Restated Development Agreement No. 99-01 and
the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative
Declaration dated February 22, 2006, and Modified Mitigation Monitoring Plan No. 004a, and to
investigate and make findings and recommendations in connection therewith; and
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WHEREAS, the applicant has demonstrated that it meets the eligibility requirements of
Section 1.3 of the Procedures Resolution fo enter into the Development Agreement by showing that, upon
completion, the Anaheim GardenWafk Projecf will result in the construction of up to 569,750 square feet
of specialty retail, restaurants, and entertainment uses, 1,628 hotel rooms (including up to 500 vacation
ownership units) and 278,817 square feet of hotel accessory uses; a multi-plex movie theater; a
transportation center, and 4,800 parking spaces and 15 bus spaces; and
WHEREAS, the Development Agreement implements The Disneyland Resort Specific
Plan No. 92-1, as proposed to be amended (Amendment No. 6) and Conditional Use Permit No. 4078, as
proposed to be amended; and
WHEREAS, o,n March 6, 2006 the Planning Commission, by its Resolution No. PC2006-
23, recommended that the City Council adopt Amendment No. 6 to The Disneyland Resort SpecificPlan
No. 92-1; that the amendment is consistent with The Disneyland Resort Specific Plan goals and policies
and the Anaheim General Plan, as amended by General Plan Amendment No. 2006-00440; that the
amendment provides for the same types of land uses currently permitted or conditionally permitted by
The Disneyland Resort Specific Plan for the project site; and that the amendment is compatible with the
existing, approved and proposed visitor-serving uses in the surrounding Anaheim Resort Area; and
WHEREAS, on March 6, 2006 the Planning Commission, by its Resolution No. PC2006-
24, approved Amendment to Conditional Use Permit No. 4078#o modify the land uses and maximum
gross square footages of the Anaheim GardenWalk Project including development in two areas (Areas A
and B), to modify the waiver of minimum number of parking spaces, and to amend the conditions of
approval to reflect the project modifications; and
WHEREAS, the findings made by the Planning Commission in its Resolution No.
PC2006-25 demonstrate that the Development Agreement is consistent with the above-noted
Development Agreement criteria set forth in the Procedures Resolution, specifically that the Agreement is
consistent with the General Plan and The Disneyland Resort Specific Plan, as proposed for amendment;
compatible with the uses authorized in and the regulations prescribed for in The Disneyland Resort
Specific Plan, as proposed for amendment; and compatible with the orderly development of property in
the surraunding area; and, further, that the Second Addendum to the Pointe Anaheim Initial Study and
Mitigated Negative Declaration dated March 1, 2006, with Modified Mitigation Monitoring Plan Na-004a,
includes a full analysis of the Anaheim GardenWalk Project which is discussed in the environmental
impact analysis section of the March 6, 2006 Staff Report to the Planning Commission; and
WHEREAS, pursuant to the Procedures Resolution, the Planning Commission, after due
consideration, inspection, investigation and study made by itself, and after due consideration of all
evidence and reports offered at said hearing, and further based upon the foregoing recitals, does hereby
find that the proposed Development Agreement is:
1. Consistent with the General Plan of the City of Anaheim as amended by proposed
General Plan Amendment No. 2005-00440 (Resolution No. PC2006-22) and The Disneyland Resort
Specific Plan No. 92-1 as amended by proposed Amendment No. 6(Resolution No. PC2006-23); and
2. Compatible with the uses authorized in and the regulations prescribed for in the
applicable zoning district; and
3. Compatible with the orderly development of property in the surrounding area; and
4. Not otherwise detrimental to the health, safety and general welfare of the citizens of
Anaheim. 1
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINpING: That the Anaheim Planning
Commission has reviewed the Proposed Project Actions, including SecondAmended and Restated
Development Agreement No: 99-01, and did find and determine and recommend that the City Council find
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and determine by its Planning Commission Resolution No. 2006-21, pursuant to the provisions of the
California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of
the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative
Declaration 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
Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative '
Declaration together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required
environmental documentation for this Development Agreement and satisfy all of the requirements of
CEQA, and that no further environmental documentation need be prepared for this Development
Agreement.
NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings, the Anaheim
City Planning Commission does hereby recommend to the City Council that the applicant has
demonstrated eligibility to enter into the Second Amended and Restated Development Agreement No. 99-
01; and that the Development Agreement meets the criteria set forth in the Procedures Resolution.
BE IT FURTHER RESOLVED that the applicant is responsible,for paying a11 charges
refated to the processing of this discretionary case application within 15 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occursfirst. Failure to pay
all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapt r 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to app o es.
CHAIRMA , HEIM PLANNING COMMISS!
ATTEST:
SENIOR ECRETARY, ANAHEIMIPI~I 1QING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marie Witkay, 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 March 6, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMIS510NERS: NONE
~N WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
c~.c.K•~ , 2006.
pt~t'~'t L~..i~~G~
SENIOR ECRETARY, ANAHEIM ANNING COMMISSION
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Exhibit A
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Second Amended and Restated Development Agreement No. 99-01
between the City of Anaheim
and
Anaheim GW, LLC
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