Resolution-PC 2004-152~ ~. ~
RESOLUTION NO. PC2004-152
A RESOLUTION OF THE ANAHEIM GITY PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENT N0.1 TO THE FIRST AMENDED
' AND RESTATED DEVELOPMENT AGREEMENT N0. 99-01 BY AND BETWEEN THE CITY OF
ANAHEIM AND ANAHEIM GW, LLC, AND MAKING CERTAIN FINDINGS RELATED THERETO
(ANAHEIM GARDENWALK) :
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7(commencing with Section
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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") did on November 23, 1982; enact
Ordinance No. 4377 (hereinafterthe "Enabling Ordinance") which makes the City subject to the Statute;
and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City did on
November 23, 1982, adopt 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 February 26, 2002, the Anaheim City Council did, by. its Resolution Na
2002R-57, approve an Amendment to Conditional Use Permit No. 4078 to permit the Pointe Anaheim
Lifestyle, Retail and Entertainment Complex consisting of up to 634,700 gross sq.ft. of
retail/dining/entertainment uses (which includes a 94,000 sq.ft. aquarium); up to four hotels comprising a
maximum of 1,662 hotel rooms/suites, of which up to 200 units may be Vacation Ownership Resort units,
with approximately 322,071 gross sq.ft. of related accessory uses, of which up to 178,120 gross sq.ft on
top of the parking structure may be used for a hotel conference center (the hotel rooms/suites and
accessory uses would encompass a maximum of 1,370,711 gross sq.ft.); and a 1,949,800 gross sq.ft.
parking structure with up to 4,800 striped parking spaces and 15 bus spaces with a 10,200 sq.ft. bus
terminal/facility for airport transport and to/from sightseeing venues; with the proposed development
taking place in up to five phases over time; and waiver of the minimum number of parking spaces (6,581
spaces required, up to 4,800 spaces in the parking structure proposed at full project buildout).
WHEREAS, on March 19, 2002, the City Council did, by its Ordinance No. 5808, 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, the 29.1-acre project site is located between Disney Way and Katella
Avenue, and Harbor Boulevard and Clementine Street; that the site is vacant with the exception of 8.8
acres at 1700 S. Harbor Blvd. which is developed with the Anaheim Plaza Hotel and Suites; that the site
is zoned SP 92-1 (The Disneyland Resort Specific Plan No. 92-1), District A/Pointe Anaheim Overlay
(18.9 acres) and Parking District (East Parking Area)/C-R Overlay, and Pointe Anaheim Overlay [10.2
acres]); and that the site is located in the Anaheim Resort and is designated for Commercial Recreation
land uses by the Anaheim General Plan.
WHEREAS, the Developer, Anaheim GardenWalk, LLC (hereinafter the "Developer"),
has purchased an approximately 1.35-acre City-owned property with an option for the City to re-acquire
theproperty if the Developer fails to meet certain performance milestones; that one such milestone is the
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commencement date of the Initial Phase, which is February 26, 2005; that the Developer is unlikely to
meet this milestone as the Developer is in the process of selling its interests in Anaheim GardenWalk to a
new entity, Anaheim GW, LLC (hereinafter the "Purchaser"); that the Purchaser has requested that the
City extend the February 26, 2005 date by one year to February 26, 2006 to provide the Purchaser with
sufficient time'to consummate its acquisition and implement the Anaheim GardenWalk project as
approved in 2002; and that, as required by the Development Agreement, #he Purchaser has requested
that the City approve the assignment and assumption of the Development Agreement from the Developer
(Anaheim GardenWalk, LLC) to the Purchaser (Anaheim GW, LLC); and '
WHEREAS, pursuant #o the authority set forth in California Government Code Section
' 65864 et seq. of the Statute, City of Anaheim Ordinance No. 4377, and Resolution No. 82R-565, Susan
Wilson, Senior Vice President of the Price Legacy Corporation (the managing member of Anaheim
GardenWalk, LLC), as authorized agent for Anaheim GardenWalk, LLC, has submitted an application for
approval of AmendmentNo. 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 to extend the date 6y which commencement of the Initial Phase of the Excel Pointe
Anaheim project must begin; and has also submitted, pursuant to Chapters 18.60 (Procedures), 18.66
(Conditional Use Permits) and 18.72 (Specific Plans) of#he Anaheim Municipal Code, a request that
Conditional Use Permit No. 4078 6e amended to extend the date by'which commencement of the Initial
Phase of the project must begin; and that said requests for Amendment to Conditional Use Permit No.
4078 and Amendment No. 1 to the First Amended and Restated Development Agreement Na 99-01 are
jointly known as the "Proposed Project Actions"; and
WHEREAS, the Excel Pointe Anaheim project addressed in Amendment No. 1 to the
First Amended and Restated Development Agreement No. 99-01, a copy of which is attached hereto as
Attachment No. 1 and incorporated herein, encompasses the same area as that addressed in the First
Amended and Restated Development Agreement No. 99-01; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City ofAnaheim on
December 13, 2004, at 1:30 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, Chapters 18.60 (Procedures) and
18.66 (Conditional Use Permits), to hear and consider evidence for and against the Proposed Project
Actions andjto investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission did, by its Resolution No. PC2004-151, amend
Condition No. 68-A of Resolution Na 99R-136, as amended by Resolution No. 2002R-57 and adopted in
connection with Conditional Use Permit No. 4078, to specify that "The property owner/developer shall
obtain approval of Final Site Plans, obtain the appropriate building and other permits, and commence
construction of the Initial Phase on or before February 26, 2006"; and
WHEREAS, 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 the evidence and
reports offered at the public hearing, does find and determine that Amendment No. 1 to the First
Amended and Restated Development Agreement by and between the City of Anaheim and Anaheim GW,
LLC, meets the following standards set forth in the Procedures Resolution:
1. That no modification is proposed to the development proposal, with the exception of
extending the commencement date of the Initial Phase for one year until February 26, 2006, and
therefore, the findings made in connection in Ordinance No. 5808, adopted in connection with the First
Amended and Restated Development Agreement, still apply.
2. That the Purchaser has demonstrated eligibility to enter into Amendment No. 1 to the
First Amended and Restated Agreement No. 99-1 based on the Purchaser having submitted certain
information, as requested by staff, regarding the Purchaser's development and operational qualifications,
and its financial information, to demonstrate its ability to undertake a project of this size and complexity;
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and #hat the City's real estate consultant has reviewed the requested information and determined that the
Purchaser has the necessary qualifications and the financial wherewithal to undertake Anaheim
GardenWalk project as currently entitled.
3. That the Development Agreement is entered into pursuant to and in compliance with it
City's charter powers'and the requirements of Section 65867 of the Statue, the Enabling Ordinance and
the Procedures Resolution.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That.the Anaheim City
Planning Commission has reviewed the Proposed Project Actions and has found and determined that the
Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration, including Modified
Mitigation Monitoring Plan No. 004, which was previously approved by the City Council on February 26,
2002 in connection with the first amendment to Conditional Use Permit No. 4078, is adequate to serve as
the required environmental documentation for the proposed actions and satisfies all the requirements of
CEQA; and further finding that there is no substantial evidence, with the imposition of the mitigation
measures identified in Modified Mitigation Monitoring Program No. 004, that the proposed actions will
have a significant effect on the environment; and that no further environmental documentation need be
prepared for the Proposed Project Actions.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and .
determinations, the Anaheim City Planning Commission does hereby recommend to the City Council
approval of Amendment Na 1 to the First Amended and Restated Development Agreement by and
between the City of Anaheim and Anaheim GW, LLC, as successor-in=interest #o Excel Pointe Anaheim,
LLC.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 13, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertainin a al proce re d may be replaced
by a City Council Resolution in the event of an appeal. ~' ,
~HAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SE IOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 13, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this /3 ~ day of
~ , 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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Attachment No. 1
Amendment No. 1 to the First Amended and Restated Development
Agreement No. 99-01 By and Between the City ofAnaheim :
and Anaheim GW, LLC,
as successor-in-interest to Excel Pointe Anaheim, LLC
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PC2004-152