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Resolution-PC 2010-060RESOLUTION NO. PC2010 -060 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. 2 TO THE SECOND AMENDMEND AND RESTATED DEVELOPMENT AGREEMENT NO. 99 -01 BY AND BETWEEN THE CITY OF ANAHEIM AND GARDENWALK HOTEL I, LLC 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 "), A copy of the Development Agreement is on file in the Office of the City Clerk of the City of Anaheim; and 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 pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99 -01 dated as of January 31, 2007 and recorded in the Official Records of Orange County California on February 7, 2007 as Instrument No. 2007000092571; and WHEREAS, the Original Developer assigned, and 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- 01 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007 as Instrument No. 2007000453402; and WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99- 01 dated as of February 29, 2008 and recorded in the Official Records of Orange County California on March 6, 2008 as Instrument No. 2008000105443; and WHEREAS, the Development Agreement addresses, among other things, the Developer's construction of the Project phases, requiring that the Developer commence construction of the various Project Elements within certain time frames; and WHEREAS, GardenWalk Hotel and Westgate Resorts requested that the City amend the Development Agreement to (i) redefine Hotel No.1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels ("Hotels 1 and 2 ") totaling approximately eight hundred sixty -six (866) Hotel Rooms in the aggregate, (ii) require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011, and (iii) require the - 1 - PC2010 -060 Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019; accordingly. the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010 as Instrument No. 2010000341657 by and between the City, on the one hand, and GardenWalk Hotel and Westgate Resorts, on the other hand ( "Amendment No. 1"). A copy of Amendment No. 1 is on file in the Office of the City Clerk of the City of Anaheim; and WHEREAS, GardenWalk Hotel has requested that the City further amend the Development Agreement to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013 ( "Amendment No. 2 "); and WHEREAS, the City and GardenWalk Hotel intend, in this Amendment No. 2, 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 August 2, 2010 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. 2 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. 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. - 9 - PC2010 -060 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 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 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 Planning Commission does hereby recommend that the City Council approve Amendment No. 2 to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon GardenWalk Hotel'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 August 2, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures. ATTEST: CHAIRMAN, ANA SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION IM CITY PLANNING COMMISSION 3 - PC2010 -060 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 August 2, 2010, by the following vote of the members thereof: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, AYES: COMMISSIONERS: RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August 2010. SENIOR SECRE ARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010 -060 EXHIBIT "A" DEV2010 -00110 n 1 1 APNs: 082 - 551 -0'1 082- 551 -07 082- 271 -10 082 - 551 -02 082- 551 -05 082- 551 -04 082- 551 -06 082- 551 -03 082- 551 -10 082 - 271 -09 082- 551 -08 082 - 551 -11 101.3 _UU W D15NEY WAY 134.97' ! 660' W KATELLA AVE 432.78' ■ Source: Recorded Tract Maps andfor City GIS Please note the accuracy is +f- two to five feet 10987 5 PC2010 -060