Resolution-PC 2010-010RESOLUTION NO. PC2010 -010
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THE PREVIOUSLY- APPROVED MITIGATED NEGATIVE
DECLARATION
SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENT NO 1 TO THE
SECOND AMENDMEND AND RESTATED DEVELOPMENT AGREEMENT NO. 99 -01 BY
AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM GW II, LLC, GARDENWALK
HO1EL 1, LLC AND WESTGATE RESORTS ANAHEIM, LLC
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, upon request of an applicant, cities are required to establish
procedures and requirements by resolution or ordinance for the consideration of development
agreements; 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 No. 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, on May 9, 2006, the City of Anaheim "City and Anaheim
GardenWalk LLC "Owner entered into that Second Amended and Restated Development
Agreement No. 99 -1 and recorded in the Official Records of Orange County California on June 2,
2006 as Instrument No. 200600373943 (the "Development Agreement with respect to that
certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit "A attached hereto and incorporated herein by this reference.
WHEREAS, subsequent to the recordation of the Development Agreement, the
interest in the project was sold, transferred, conveyed or assigned to Anaheim GW II, LLC,
GardenWalk Hotel I, LLC, and Westgate Resorts Anaheim, LLC (hereinafter referred to
collectively as "Owner and
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WHEREAS, on January 25, 2010 Owner submitted a letter requesting an amendment to the
Development Agreement to- to redefine the project description to condense Hotel No. 1, Hotel
No. 2 and Hotel No.3 as one (1) project element that consists of two (2) hotels totaling
approximately eight hundred sixty -six (866) hotel rooms and that the commencement of the
construction of the hotels occur on or before May 26, 2011 and that the time share portion of the
project be required to commence on or before March 23, 2019; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 1, 2010 at 3:30 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
to Development Agreement 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 the amendment to the 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.
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.
WHEREAS, that the Anaheim City Planning Commission has reviewed the
proposal and does hereby find that the previously approved Mitigated Negative Declaration
prepared in conjunction with the Development Agreement is adequate to serve as the required
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environmental documentation in connection with this request for an amendment to said
agreement.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Anaheim City Planning Commission does hereby recommend that the
City Council approval Amendment No. 1 to the Second Amended and Restated Development
Agreement No. 99 -01 to condense Hotel No. I, Hotel No. 2 and Hotel No.3 as one (1) project
element that consists of two (2) hotels totaling approximately eight hundred sixty -six (866) hotel
rooms and that the commencement of the construction of the hotels occur on or before May 26,
2011 and that the time share portion of the project be required to commence on or before March
23, 2019.
13E IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
Owner's compliance with each and all of the conditions set forth in the Second Amended and
Restated Development Agreement No. 99 -01 and any conditions of this Resolution amending
said agreement. 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 March 1, 2010. Said resolution is subje t to the appeal provisions set forth in Chapter
18.60 "Zoning Provisions General" of the Anaheim J/lunicipal Code, pertaining to appeal
procedures.
A 1 °PEST:
CHAIRMA1 AN 4TY'PLANNING COMMISSION
(A
SENIOR SEC tARY, ANAHEIM CITY PLANNING COMMISSION
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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 March 1, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL,
KARAKI, ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of March
2010.
SENIOR'SECRE Y, ANAHEIM CITY PLANNING COMMISSION
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R 1
AP Ns:
082- 551 -02
082 -551 -04
082 -551 -03
082 551 -09
082 -551 -08
1 082 -271 -10
082- 551 -06
082 551 -01
082 551 -10
082- 551 -11
082 551 -05
082 551 -07
082 271 -09
EXHIBIT "A"
DEV2010 -00015
1
D IS N EY_WAY
W KATELLA AVE
L
10
768'
1483'
738'
Q
r7
224'
216'
N
Source: Recorded Tract Maps and/or City GIS.
Please not the accuracy is +I Iwo to five feet.
10916
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