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5271ORDINANCE NO. 5271 AN ORDINANCE OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 91-01 BY AND BETWEEN THE CITY OF ANAHEIM AND THE IRVINE COMPANY, A MICHIGAN CORPORATION, DOING BUSINESS AS FOOTHILL COMMUNITY BUILDERS, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DEVELOPMENT AGREEMENT FOR AND ON BEHALF OF THE CITY. WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State of California (hereinafter "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, the City of Anaheim, as a charter city, has heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") making the City subject to the Statute; and WHEREAS, pursuant to Section 65865 of the Statute, the City heretofore adopted Resolution No. 82R-565 (hereinafter "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application; and WHEREAS, The Irvine Company, a Michigan Corporation, doing business as Foothill Community Builders, has heretofore submitted an application to the City for approval of Development Agreement No. 91-01 (hereinafter the "Development Agreement") for a development project (hereinafter the "Project") for property historically known as "Gypsum Canyon" and now designated as "Mountain Park," consisting of approximately 3,179 acres of land located in the City of Anaheim, County of Orange, State of California, as more particularly described in said Development Agreement; and WHEREAS, the City Council of the City of Anaheim heretofore certified Environmental Impact Report No. 302 (hereinafter the "EIR") as a Program EIR for the Project pursuant to the provisions of the California Environmental Quality Act (hereinafter "CEQA") and the State Guidelines promulgated pursuant thereto (hereinafter the "CEQA Guidelines"); and WHEREAS, the City Council of the City of Anaheim heretofore adopted Ordinance No. 5253 approving Specific Plan No. 90-4 (Mountain Park) for said Project; and WHEREAS, the Planning Commission of the City of Anaheim has heretofore determined that said Development Agreement is (i) consistent with the General Plan of the City of Anaheim, (ii) compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning districts, (iii) compatible with the orderly development of property in the surrounding area, and (iv) not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim; and WHEREAS, the City Council of the City of Anaheim, after reviewing the EIR and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, hereby finds that (i) the EIR complies with all requirements of CEQA and the CEQA Guidelines, (ii) since the certification of the EIR, no new effects have occurred or could occur and no new mitigation measures would be required for approval of the Development Agreement, (iii) the Development Agreement is within the scope of the EIR and, in fact, was stated in the EIR to be part of the Project, and (iv) no further environmental documentation need be prepared for the Development Agreement; and WHEREAS, the City Council of the City of Anaheim hereby further finds that the Development Agreement is (i) consistent with the City of Anaheim's existing General Plan, (ii) consistent with all specific plans applicable to the Property, including Specific Plan No. 91-4 (Mountain Park), (iii) compatible with the uses authorized in and the regulations prescribed for the applicable zoning districts, (iv) compatible with the orderly development of property in the surrounding area, (v) not otherwise detrimental to the health, safety, and general welfare of the citizens of the City of Anaheim, (vi) entered into pursuant to and constitutes a present exercise of the City's police power, and (vii) entered into pursuant to and in compliance with the requirements of Section 65867 of the Government Code of the State of California and Resolution No. 82R-565 of the City of Anaheim. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That said Development Agreement No. 91-01 be, and the same is hereby, approved. SECTION 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed to execute said Development Agreement for and on behalf of the City. I THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th day of November 1991. ATTEST: �j/J J'�/ ASSISTANT CITY CLERK OF THE 6PY OF ANAHEIM JLW:dnl R3491-01.12 101891 ]F�YOR OF THE O r EIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance No. 5271 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of October, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of November, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5271 on the 6th day of November, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of November, 1991. ASSISTANT CITY CLERK �HECITY F ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5271 and was published once in the Anaheim Bulletin on the 15th day of November, 1991. ASSISTANT CIT CLERK OFAfifi CITY OF ANAHEIM