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5025ORDINANCE NO. 5025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 88-05 BY AND BETWEEN THE CITY OF ANAHEIM AND CALIFORNIA DRIVE-IN THEATRES, INC., (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID 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, California Drive -In Theatres, Inc. has heretofore submitted an application to the City for approval of Development Agreement No. 88-05 (hereinafter "Development Agreement") for a development project of approximately 6.7 acres located in part, in the City of Anaheim, County of Orange, State of California, as more particularly described in said Development Agreement; 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 district, (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 hereby finds that the provisions of said Development Agreement are consistent with the General Plan of the City of Anaheim. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Development Agreement No. 88-05 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd day of May, 1989. I , 1111 :91 ��4 ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 3045L 042489 -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5025 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of April, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of May, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 5025 on the 3rd day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of May, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5025 and was published once in the Anaheim Bulletin on the 12th day of May, 1989. CITY CLERK OF THE CITY OF ANAHEIM