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