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November 6, 2018 — Elección General de California
Local

City of Anaheim
Measure J Referendum - Majority Approval Required

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Resultados electorales

Se aprueba

42,349 votos si (52.1%)

38,919 votos no (47.9%)

100% de distritos activos (129/129).

Referendum Measure Approving Development Agreement No. 2016-00001
— undefined

Shall Anaheim City Council Ordinance No. 6376, which would approve a Development Agreement and provide a vested right to develop a Four Diamond 580-room, eight-story hotel on property located at 1700 S. Harbor Blvd. during the five-year term of that Development Agreement in accordance with governmental approvals and entitlements granted by the City, be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

yes vote is a vote in favor of approving the five-year development agreement, No. 2016-00001, permitting Good Hope International to develop an eight-story hotel at 1700 S. Harbor Boulevard.

Un voto por el NO significa

no vote is a vote against approving the five-year development agreement, No. 2016-00001, permitting Good Hope International to develop an eight-story hotel at 1700 S. Harbor Boulevard.

Análisis del analista legislativo / Proposal

Ballotpedia

City Attorney’s Impartial Analysis of Measure J

 

Overview:  Measure J is a referendum regarding Anaheim Ordinance 6376, adopted by the City Council on July 12, 2016. Ordinance 6376 approved a Development Agreement between the City of Anaheim and Good Hope International (“GHI”) for the construction of an eight‐story, 580 room hotel located at 1700 S. Harbor Boulevard ("Development Agreement"). The measure was placed on the ballot by a petition signed by the requisite number of voters.  If approved, the measure would affirm Ordinance 6376, and the Development Agreement with GHI will take effect. If the measure fails, then Ordinance 6376 and the Development Agreement will not go into effect.

 

Development Agreement with GHI: Ordinance 6376 and the Development Agreement, which are on file with the Anaheim City Clerk, were adopted in compliance with local and State laws, including the California Environmental Quality Act. The Development Agreement, together with a Conditional Use Permit, a Variance, and a Final Site Plan that have all been approved by the City (“Existing Approvals”), are intended to permit the demolition of existing buildings and the construction of an eight‐story AAA Four Diamond Hotel containing 580 rooms, 75,600 square feet of retail, restaurants, and conference/meeting space, and a parking structure with 1,021 parking spaces, on an 8.8 acre property located at 1700 S. Harbor Boulevard (“Project”).

 

Under the Development Agreement, GHI would agree to develop the Project, consistent with the Existing Approvals, and to pay the City $100,000 for various public improvements near the Project. In exchange, the City would agree not to revoke the Existing Approvals, and would agree that GHI has a vested right to develop the Project in accordance with the Existing Approvals.

 

Vested Rights: Under the legal doctrine of “vested rights,” if a property owner receives a permit from a public agency to construct a project, and then incurs substantial costs in reliance on that permit, the property owner has the right to develop the property consistent with the permit regardless of changes in the public agency’s land use regulations.  Entering into a development agreement that secures the right to proceed with a project in accordance with its terms is another way a property owner can secure vested rights.  Here, GHI has entered into the Development Agreement for the Project.  If the measure passes, GHI will have a vested right to develop the Project consistent with the Development Agreement and the Existing Approvals. If the measure fails and the City changes its land use regulations, GHI would either have to conform to the new regulations, or establish that it has a vested right to construct the Project as originally approved even though it does not have a development agreement.

 

Summary:

 

A "Yes" vote by a majority of those voting on Measure J means that Ordinance 6376 and the Development Agreement will go into effect.

 

A "No" vote by a majority of those voting on Measure J means Ordinance 6376 and the Development Agreement will not go into effect.

 

/s/

Robert Fabela Anaheim City Attorney

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

— Ballotpedia

Argumento EN CONTRA

— Ballotpedia

Refutación al argumento A FAVOR

— Ballotpedia

Refutación al argumento EN CONTRA

— Ballotpedia

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