RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A PERFORMANCE TIME
SCHEDULE FOR THE COMMENCEMENT AND
COMPLETION OF CONSTRUCTION OF VACATION
OWNERSHIP RESORT NO. 1 AS SET FORTH IN THE SECOND
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01 BETWEEN THE CITY OF ANAHEIM AND
WESTGATE RESORTS ANAHEIM, LLC AND DETERMINE
THAT THE PREVIOUSLY APPROVED POINTE ANAHEIM
INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION (IS/MND), AND ASSOCIATED ADDENDA,
ARE THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION FOR THIS REQUEST
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 (herein referred to as the “Statute”) authorizes a city to enter into a contract, which is called a development agreement, in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, on November 23, 1982, the City Council of the City of Anaheim (herein referred to as the “City Council”) enacted Ordinance No. 4377 (the “Enabling Ordinance”), and pursuant to subdivision (c) of Section 65865 of the Statute, adopted Resolution No. 82R-565 (herein referred to as the “Procedures Resolution”), establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, in accordance with the statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the “Development Agreement Law”), The City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original Developer”) entered into the 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”) with respect to the real property depicted in Exhibit A attached hereto and incorporated by this reference; 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, LLC, a Delaware limited liability company (“Anaheim GW II”) pursuant to the 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, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts Anaheim, LLC (“Westgate Resorts” or “Developer”) pursuant to that certain Partial Assignment of Second -2-
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, Developer’s construction of the Project in phases and requires Developer to commence construction of the various Project Elements within certain time frames; and WHEREAS, in 2010, Developer requested that the City amend the Development Agreement to require Developer to commence construction of Vacation Ownership Resort 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 No. 99-01 dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument No. 2010000341657 (“Amendment No. 1”); and WHEREAS, Developer thereafter requested that the City further amend the Development Agreement and thereafter Amendment No. 5 to the Second Amended and Restated Development Agreement No. 99-01 was recorded in the Official Records of Orange County on July 3, 2019, as Instrument No. 2019000237347 (“Amendment No. 5”), to require the Developer to obtain building permits for the construction of the Vacation Ownership Resort No. 1 on or before December 31, 2019, and Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of Vacation Ownership Resort No. 1; and WHEREAS, the Development Agreement inclusive of Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5 thereto shall hereinafter be referred to as the “Development Agreement.” Unless otherwise defined herein all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement, as amended.
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; and WHEREAS, Developer obtained building permits for Vacation Ownership Resort No. 1 consistent with the Development Agreement; and
WHEREAS, on December 20, 2022, Developer advised the City that construction of Vacation Ownership Resort No. 1 was delayed by the pandemic and resulting government orders, and thereafter the City Council approved Developer’s request for an additional extension of twelve (12) months, anticipating Completion of Construction no later than December 27, 2023; and WHEREAS, as part of its 2023 review, the City Council determined that Developer was not in compliance with the terms and conditions of the Development Agreement for the 2023 review period and in accordance with the process set forth in Section 7 of the Procedures Resolution directed staff to notify Developer of its intent to establish new development timeframes for Vacation Ownership Resort No. 1 as an alternative to modification or termination of the Development Agreement; and
WHEREAS, on March 26, 2024, the City Council established the performance timeline to obtain building permits for the construction of Vacation Ownership Resort No. 1 to April 15, 2025 -3-
and the completion of construction of Vacation Ownership Resort No. 1 to no later than twenty- four months after commencement of construction; and
WHEREAS, the deadline to obtain building permits for Vacation Ownership Resort No. 1 set forth in the Development Agreement has now passed and Developer has requested that the City Council extend the performance milestones for Vacation Ownership Resort No. 1 to commence construction by October 31, 2028 and complete construction by October 31, 2030; and WHEREAS, on December 16, 2025, the City Council determined that Developer was not in compliance with the terms and conditions of the Development Agreement for the 2025 review period and in accordance with the process set forth in Section 7 of the Procedures Resolution directed staff to notify Developer of its intent to establish new development timeframes for Vacation Ownership Resort No. 1 as an alternative to modification or termination of the Development Agreement; and
WHEREAS, pursuant to the Procedures Resolution, compliance with the performance schedule established by City Council as an alternative to modification or termination of the Development Agreement shall be subject to periodic review in the manner set forth in Sections 6 and 7 of the Procedures Resolution and lack of good faith compliance therewith shall be a basis for termination or modification of the Development Agreement; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resource Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this resolution; and
WHEREAS, the City Council finds and determines that the previously approved Point Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda, are the appropriate environmental documentation for this request because since the adoption of the Pointe Anaheim IS/MND and associated Addenda, neither the Project nor the circumstances under which it will be undertaken have changed. Additionally, there is no new information of substantial importance that the City, as Lead Agency, did not know and could not have known previously.
The establishment of new performance timelines will not increase the unit count, or otherwise increase the intensity of the project. Therefore, additional environmental review is not required pursuant to CEQA Guidelines Section 15162.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, does hereby establish the following performance timelines for Vacation Ownership Resort No. 1:
1. Developer shall commence construction of Vacation Ownership Resort No. 1 on or before October 31, 2028.
2. Developer shall complete construction of Vacation Ownership Resort No. 1 on or before October 31, 2030.
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NOW THEREFORE BE IT FURTHER RESOLVED that except as expressly provided to the contrary herein, all provisions of the Development Agreement remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this day of , 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By ________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT A