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Resolution-PC 2019-046RESOLUTION NO. PC2019-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001 BY AND BETWEEN THE CITY OF ANAHEIM AND GOOD HOPE INTERNATIONAL AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEVELOPMENT AGREEMENT NO. 2016-00001) (1700 SOUTH HARBOR BOULEVARD) WHEREAS, the City and Good Hope International, (the "Developer") entered into Development Agreement No. 2016-00001 dated as of August 18, 2016, and recorded in the Official Records of Orange County California on August 29, 2016, as Instrument No. 2016000409949 (the "Development Agreement") with respect to the real property generally described and depicted in the legal description and map attached hereto as Exhibit A and incorporated by this reference (the "Property"); and WHEREAS, on October 1, 2019, and pursuant to Section 7.5 of the Development Agreement, Developer submitted an application to amend the Development Agreement to extend the Term of the Development Agreement. In response to Developer's request, Amendment No. 1 to Development Agreement No. 2016-00001 ("Amendment No. I") was prepared; and WHEREAS, pursuant to City Council Resolution No. 82R-565 (the "Procedures Resolution"), which was adopted by the City Council on November 23, 1982, the Planning Commission shall provide a recommendation to the City Council with regard to Amendment No. 1; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq. herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, when a lead agency has certified an Environmental Impact Report (EIR) or adopted a negative declaration for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the thresholds set forth in CEQA Guidelines Section 15162 have been met. The prior environmental documentation prepared for the project includes the Disneyland Resort Specific Plan, Final Environmental Impact Report No. 311 ("FEIR No. 311 "), Final Supplemental Environmental Impact Report No. 2008-00340 for Amendment No. 14 to the Anaheim Resort Specific Plan ("SEIR No. 340"), and the Addendum to FEIR No. 311 and SEIR No. 340, dated April 2016 (the "2016 Addendum"), copies of which are on file in the Planning Department and incorporated herein by this reference as though fully set forth, which 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 -1- PC2019-046 WHEREAS, based upon the evidence submitted and as demonstrated by the analysis included in the CEQA Documents, the proposed amendment to the Development Agreement will only extend the Term of the Development Agreement and will not change the land uses or development intensity currently permitted. As such, Amendment No. 1 is a minor change to the Development Agreement and the approval of Amendment No. 1 does not necessitate additional environmental review because it will not result in new or substantially more severe impacts that were not previously evaluated or require additional mitigation measures, and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the CEQA Documents were approved that triggers the need for the preparation of subsequent environmental review. The analysis in the CEQA Documents included anticipated build -out contemplated by the Development Agreement and remains relevant and retains informational value as to the Proposed Project; and WHEREAS, on November 13, 2019, the Planning Commission did hold a public hearing, 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 Code, to hear and consider evidence and testimony concerning the contents of Amendment No. 1 to the Development Agreement and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to Amendment No. l; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the action taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning 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 testimony, evidence and reports offered at said hearing, does find and determine that the proposed Amendment No. 1, in the form presented at this meeting, meets all of the standards and requirements set forth in the Procedures Resolution, that is: 1. The proposed Amendment No. 1 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 proposed Amendment No. 1 is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the proposed Amendment No. 1 is in compliance with the Disneyland Resort Specific Plan requirements. -2- PC2019-046 3. The proposed Amendment No. 1 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. 4. The proposed Amendment No. 1 is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. The proposed Amendment No. 1 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 proposed Amendment No. 1 is entered into pursuant to and is in compliance with the City's charter powers and the requirements of Section 65867 of California Government Code and the Procedures Resolution. BE IT FURTHER RESOVED that based on the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve Amendment No. 1 to Development Agreement No. 2016-0001, in the form presented at this meeting. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the Developer's compliance with each and all of the conditions set forth in the Development Agreement, as amended by Amendment No. 1. 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3- PC2019-046 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 13, 2019. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on November 13, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA NOES: COMMISSIONERS: ARMSTRONG, WHITE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13t" day of November, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2019-046 EXHIBIT "A" DEV NO. 2015-00120 APN: 082-271-10 082-271-09 W DISNEY WAY J13 73.72' Co 39' 107' o D J m f� co Q � [Q W fY (o a V) 657' Oos Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. -5- PC2019-046 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 00 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 0752" 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. -6- PC2019-046 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 890 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 0° 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. -7- PC2019-046 RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL TO: City of Anaheim P.O. Box 3222 200 S. Anaheim Boulevard, Second Floor Anaheim, California 92805 Attn: City Clerk EXHIBIT "B" [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY.] EXEMPT FROM FEES PURSUANT TO CALIFORNIA GOVERNMENT CODE §272383 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001 by and between CITY OF ANAHEIM and GOOD HOPE INTERNATIONAL AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001 This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001 (this "Amendment No. I") dated for purposes of identification only as of (the "Date of this Amendment No. I"), is made and entered into between the CITY OF ANAHEIM, a municipal corporation and charter city ("City"), on one hand and GOOD HOPE INTERNATIONAL, a California corporation ("Developer"), on the other hand. RECITALS A. The City and Developer entered into Development Agreement No. 2016-00001, dated as of August 18, 2016 and recorded in the Official Records of Orange County, California on August 29, 2016 as Instrument No. 2016000409949 (the "Development Agreement") with respect to the real property ("Property") described in the "Legal Descriptions" which are attached as Exhibit A and incorporated by this reference. B. In addition to the Property, the parent company of Developer is the owner of the Westin Anaheim Resort located at 1030 W. Katella Ave. Both properties were slated for redevelopment under Anaheim's AAA Four Diamond Hotel Incentive Program, which was established to encourage the development of AAA rated 4- and 5 -Diamond hotels within the City's Resort District. C. Subsequent to City Council approval, both the Development Agreement and the development agreement for the Westin Anaheim Resort were the subject of separate referenda. Although Developer originally intended to redevelop the Property prior to the development of the Westin Anaheim Resort, as a result of the referenda, Developer determined to postpone the Project and to first move forward with the Westin Anaheim Resort project, due to its greater priority and benefit to the City. That project is well underway and scheduled to be completed in 2020. D. On November 8, 2018, the City's voters voted in favor of City Measure J, reaffirming the City Council's approval of the Development Agreement. The Development Agreement thereafter went into effect on December 14, 2018. E. At the November 8, 2018 election, the voters also approved Measure L, which substantially changed the economic model on which the proposed hotel redevelopments were based, by significantly increasing labor costs at hotels built under public-private partnerships with the City. F. Developer has requested an extension of the Development Agreement to allow the Westin Anaheim Resort to open, reach stabilization, and allow ownership to evaluate the impact of the new economic model imposed by the passage of Measure L, prior to proceeding with the Project. Developer has thus requested the City amend the Basic Term of the Development Agreement, set forth in Section 7.2.1 of the Development Agreement, to extend the existing term of the Development Agreement by 5 years. G. The City and Developer (each, a "Party" and collectively, the "Parties") intend, in this Amendment No. 1, to amend the Development Agreement as stated in Recital F. H. Unless otherwise defined in this Amendment No. 1, 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. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Basic Term set forth Section 7.2.1 of the Development Agreement is deleted and replaced with the following: 7.2.1 Basic Term. The Term of this Agreement shall commence on the Effective Date of this Agreement and shall extend for a period of ten (10) years after the Effective Date, unless extended or earlier terminated as provided herein. SECTION 2. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the Development Agreement, as amended, remain in full force and effect. The Development Agreement and this Amendment No. 1 are collectively referred to as the "Agreement". The Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. SECTION 3. EFFECTIVE DATE. This Amendment No. 1 shall take effect upon the date the ordinance of the City Council of the City approving this Amendment No. 1 takes effect. (Signatures shown on following page) IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 1 AS OF THE RESPECTIVE DATES STATED BELOW. Dated: ATTEST CITY CLERK FOR THE CITY OF ANAHEIM By: Name: Theresa Bass APPROVED AS TO FORM: ROBERT FABELA, CITY ATTORNEY By: Name: Leonie Mulvihill "CITY" CITY OF ANAHEIM a municipal corporation and charter city go Mayor of the City of Anaheim Mayor Harry S. Sidhu (Signatures continue on following page) Dated: "DEVELOPER" GOOD HOPE INTERNATIONAL a California Corporation Mark Chan, Director A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)