5924ORDINANCE NO. 5924
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
AGREEMENT WITH THE IRVINE COMPANY SETTING FORTH
TERMS OF MUTUAL CONSENT TO CANCEL DEVELOPMENT
AGREEMENT NO. 91-01 (MOUNTAIN PARK COMMUNITY) AND
TERMINATING BY CANCELLATION DEVELOPMENT
AGREEMENT NO. 91-01.
WHEREAS, on September 10, 1991, the City Council of the City of Anaheim adopted
Resolution Nos. 91R-263 and 91R-264 approving the Mountain Park Specific Plan No. 90-4 and
certifying Environmental Impact Report No. 302 to provide a comprehensive plan of land use
regulations, conditions of approval and mitigation measures for development of the approximate
3,179 -acre Mountain Park Specific Plan area with up to 7,966 residential dwelling units, 179 acres of
commercial uses, schools, parks, public facilities and open space; and
WHEREAS, on September 10, 1991, the City Council adopted Ordinance No. 5253 to
reclassify the property to the Mountain Park Specific Plan No. 90-4 Zone and Ordinance No. 5254 to
establish the zoning and development standards for the Mountain Park Specific Plan as part of Chapter
18.76 of the Anaheim Municipal Code; and
WHEREAS, on October 7, 1991, the Anaheim City Planning Commission determined
pursuant to Resolution No. PC91-152, that The Irvine Company demonstrated eligibility to enter into
Development Agreement No. 91-01, that the proposed Development Agreement was consistent with the
General Plan of the City of Anaheim; compatible with the uses authorized in and the regulations
prescribed for in the applicable zoning district; compatible with the orderly development of property in
the surrounding area; and, not otherwise detrimental to the health, safety and general welfare of the
citizens of Anaheim; and recommended that the City Council approve and enter into Development
Agreement No. 90-01; and
WHEREAS, on November 5, 1991, the City Council adopted Ordinance No. 5271
authorizing the City to enter into Development Agreement No. 91-01 between the City of Anaheim and
The Irvine Company; and
WHEREAS, on June 2,1992, Development AgreementNo. 91-01 was executed between
the City of Anaheim and The Irvine Company and recorded in the Official Records of Orange County;
and
WHEREAS, the Mountain Park Specific Plan No. 90-4 area encompasses approximately
3,179 acres, including 2,339 acres which have been annexed to the City of Anaheim and 840 acres of
unincorporated land located within the County of Orange in the City of Anaheim's sphere -of -influence,
and which property is generally located in Gypsum Canyon, bordered on the north by the Riverside
(SR -91) Freeway and the Gypsum Canyon Road interchange, on the west by The Summit of Anaheim
Hills and Sycamore Canyon developments, on the south by unincorporated property within the County
of Orange in the City of Orange's sphere -of -influence, and on the east by the 697 -acre Cypress Canyon
Specific Plan area; and
WHEREAS, as part of the General Plan Update Program, The Irvine Company requested
that the City study the Irvine Company's contemplated revision to the Mountain Park Specific Plan No.
90-4 to redesignate the Mountain Park land uses for up to 2,500 residential units (485 units in the Low
Medium Hillside Density Residential- designation and 2,015 units in the Low Medium Density
Residential designation), a fire station site, a park site, a school site, trails and open space, which
amended land uses are depicted and evaluated in the proposed General Plan and associated
Environmental Impact Report No. 330; and
WHEREAS, pursuant to the terms of the Development Agreement, the City is precluded
from taking action on amending the General Plan designations for the Mountain Park property without
the consent of The Irvine Company or pursuant to a termination or cancellation of the Development
Agreement in accordance with the City's Procedures Resolution and the terms of the Development
Agreement; and
WHEREAS, pursuant to authority set forth in California Government Code Section
65864, et seq., The Irvine Company, has requested the City to terminate by cancellation Development
Agreement No. 91-01 between the City of Anaheim and The Irvine Company; and
WHEREAS, the Planning Commission of the City of Anaheim adopted Resolution No.
PC2004-50 at the Planning Commission meeting of April 19, 2004, recommending that the City Council
introduce and adopt an Ordinance to terminate (by cancellation) Development Agreement No. 91-01
between the City of Anaheim and The Irvine Company and, further, that the City Council approve and
enter into the Agreement with The Irvine Company, entitled "Agreement for Mutual Consent For
Cancellation of Development Agreement Pursuant to California Government Code Section 65868,"
substantially in the form attached as Exhibit 1 to said Resolution.
WHEREAS, an Agreement for Mutual Consent For Cancellation of Development
Agreement Pursuant to California Government Code Section 65868 ("Agreement") has been finalized,
and is substantially in the form attached to Planning Commission Resolution No. PC2004-50; and
WHEREAS, the Agreement sets forth the terms and conditions for cancellation of the
Development Agreement; and
WHEREAS, the City Council of the City of Anaheim, pursuant to the recommendation
of the Planning Commission, and after independently reviewing the Negative Declaration, the Initial
Study and related documentation and evidence, hereby finds on the basis of the Initial Study and
evidence received that there is no substantial evidence that the project, termination of Development
Agreement No. 91-02, will have a significant effect on the environment, that the Negative Declaration
complies with all requirements of CEQA and the CEQA Guidelines, and no further environmental
documentation need be prepared for the termination of the Development Agreement, and hereby
approves the Neghtive Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That the Agreement, a copy of which is attached hereto as Attachment No. 1 and
incorporated herein by this reference, is hereby approved.
2
SECTION 2.
That said Development Agreement No. 91-01 between the City of Anaheim and The
Irvine Company be terminated (by cancellation), subject to the terms and conditions in the Agreement.
SECTION 3.
That upon compliance with the terms and conditions in the Agreement, the City Clerk
shall record said Agreement and further record a notice of termination (by cancellation) of Development
Agreement No. 91-01.
SECTION 4 CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (1S) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in said City, and thirty (30) days from and after its final
passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 25 th day of May , 2004, and thereafter passed
and adopted at a regular meeting of said City Council held on the 8th day of June
2004, by the following roll call vote:
AYES: Mayor Curt Pringle Council Allemhers, Chavez, Tait, McCracken, Hernandez
NOES: none
ABSENT: none
ABSTAIN: nol2c
ATTEST:
ClffCLERk OF THE CITY OF ANAHEIM
54247.1 \sjm\May 18, 2004
3
CITY OF AHEIM
By A/04
MAYOR OF THE eITY OF ANAHEIM
RECORDING REQUESTED BY .
AND WHEN RECORDED MAIL TO:
CITY OF ANAHEIM
200 South Anaheim Blvd. ATTACHMENT NO. 1
Anaheim, CA 92805
Attn: City Clerk
Agreement for Mutual Consent For Cancellation of Development Agreement
Pursuant to California Government Code Section 65868
This Agreement setting forth the mutual consent of the parties to the cancellation of the
Development Agreement is entered into as of the date written below by and between the City of
Anaheim ("City") and The Irvine Company ("Owner")
1. The parties entered into a Development Agreement (the "Development
Agreement") pursuant to California Government Code Section 65864 et seq. on or about
November 5, 1991, applicable to the property (the "Property") described as Exhibit A to that
Agreement. The Development Agreement was recorded in the Official Records of Orange
County, California on June 2, 1992, as Document Number 92-268311.
2. The parties desire to cancel this Development Agreement on the terms and
conditions set forth below, and intend this document to be their mutual consent to cancellation of
the agreement pursuant to Government Code Section 65868, provided the conditions set forth
below are met. Owner wishes to cancel the Development Agreement contingent upon the City's
amendment of its General Plan as it relates to the Property as set forth in this Agreement, and the
City wishes to ensure that the Development Agreement is cancelled and no longer in effect if
said General Plan Amendment as it relates to the Property is adopted by the City Council and
becomes effective.
3. The Development Agreement shall be cancelled, void and of no further force and
effect whatsoever upon the parties, their successors in interest and/or any other person, provided
both of the conditions set forth in Section 4 and 5 of this Agreement below occur by June 1, 2005
and this Agreement for Mutual Consent for Cancellation is recorded with the County Recorder,
unless the deadline for recordation is extended by written mutual consent of the parties.
4. The City is currently processing a General Plan revision designated as the March
2004 Draft City of Anaheim General Plan and associated Draft Environmental Impact Report
No. 330 (State Clearinghouse Number SCH # 2003041105 ) on file with the City of Anaheim
Planning Department which contains, among other items a revised set of general plan land use
designations and other changes directly applicable to the Property. The March 2004 Draft City
of Anaheim General Plan was recommended for approval by the City of Anaheim Planning
Commission on April 19, 2004 pursuant to Planning Commission Resolution No. PC2004-45. A
number of refinements and corrections were made to the March 2004 Draft subsequent to the
April 19, 2004 Planning Commission Meeting, and said refinements and corrections are
incorporated in the Draft General Plan draft provided with the Staff Report to the City Council
dated May 25, 2004. This version is hereinafter referred to as the "May 2004 Draft. Upon (a)
the City's adoption of a General Plan Amendment which contains substantially the same
development standards governing development of the Property as the May 2004 Draft or with
such changes in development standards regulating development as otherwise agreed in writing
by Owner and City, and (b) the date that such adoption can no longer be challenged by litigation
(whether by the expiration of all applicable statutes of limitations without a lawsuit or the
successful defense by the City of any lawsuit), Owner shall be deemed to have granted its
consent to the cancellation of the Development Agreement. Unless and until both (a) and (b)
above occur, the Owner shall not be deemed to have consented to the cancellation of the
Development Agreement. This Agreement shall be void if both (a) and (b) above have not
occurred on or before June 1, 2005, or such later date agreed to by both of the parties. (As used
in this Section 4, the term "development standards governing development of the Property" shall
mean those standards in the General Plan which: (1) set forth the land use designations and
allowable uses for property; (2) set forth open space and habitat or biological species
preservation requirements for new development, (3) specify requirements for infrastructure such
as roads, sewers, schools, water supply, police and fire stations and other utilities, or (4)
materially change requirements applicable to new residential development.)
5. Owner and the City must duly comply with applicable provisions for cancellation
Government ��+ r,,,,o cA,.r;�„� �sR�R and 65867 and Resolution
of a development agreement under Governme��� ��u� _�
No. 82R-565 establishing procedures and requirements for development agreements (the
"Procedures Resolution"), including providing notice of its intention to cancel the Development
Agreement, in order for the cancellation to be effective. The parties acknowledge that the
Procedures Resolution uses the term "termination" of development agreement rather than
`'cancellation", and will use the terms "cancellation" and "termination" synonymously to
harmonize the provisions of this Agreement and the City's procedures.
6. Provided that the conditions set forth in Sections 3, 4 and 5 above are satisfied,
the Development Agreement shall be cancelled upon the effective date of the ordinance
canceling said agreement, and the cancellation shall be duly recorded by the City Clerk as set
forth in the Procedures Resolution.
7. Upon cancellation of the Development Agreement, the City shall record this
Agreement for Mutual Consent for Cancellation with the County Recorder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Mutual
Consent For Cancellation of Development Agreement to be executed on the dates hereinafter
respectively set forth.
ANAHEIM:
DATE OF EXECUTION:
ATTEST:
CITY CLERK of the
CITY OF ANAHEIM
OWNER:
DATE OF EXECUTION:
b-)q-oq,
DATE OF EXECUTION:
zwy
CITY OF ANAHEIM,
a municipal corporation
LJ
MAYOR of the CITY OF ANAHEIM
THE IRVINE COMPANY,
a Delaware corporation
By
oseph D. Davis
Title: Executive Vice President
By -d� �2�
Patricia Frobes
Title: Secretary
APPROVED AS TO FORM:
JACK L. W ITE, CITY ATTORNEY
By
SEL
J. MANN,
ASSISTANT CITY ATTORNEY
Date
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
June 17, 2004
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: June 17, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 5924
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AGREEMENT WITH THE
IRVINE COMPANY SETTING FORTH TERMS OF MUTUAL TO CANCEL
DEVELOPMENT AG: EMEKr NO.9S-0f (itOtlNTAN PARK NITYI AND
TERMINATING BY CANCELLATION DDEE4VEELLOPMENT AGREEMENT NO. -01.
WHEREAS, on September 10, 1991, the City CourrQl of the City of Anaheim armed
Resolution Noe. 91R-263 and 9tR-264 approving the Mountain Park Specific Plan No. 90-4
and cerWying Environmental Impact Report No. 302 to provide a comprehensive plan of
tend use, rsgutations, oondhtions of approval and mitissilon measures 1w develloopment of
Thi9the aPproldrtrete 3,179 etre Mountain Park Spedfic Plan with up to 7,968 residllFdial
dwelling units, 179 acres of commercial tips, schools, parks, public faculties and apen
space; and
WHEREAS, on September 10, 1W, the City Council adopted Ordinance No. 5253 to re-
classify the property to the Mountain Park Specific Plan No. 90-4 Zone and Ordinance No.
5254 to estabbin the zoning and developmgrit standards for the Mountain Park Specific
Plan as part d Chapter 18.76 of the Anaheim Municipal Cole; and
WHEREAS, on October 7, 1991, the Anaheim City Planning Commission determined
pursuant to Resolution No. PC91-152, that The Irvine Company demonstrated eligibility to
eller into Deyalopmsnt Agreement No. 91-M, tiler the proposed Development Agreement
was coma with the General Plan of the City of Anaheim; Compsidble with the uses au-
thorized in and the regulations prescribed for in die applicable zonssqq district; compatible
with the orde�y devekrpment d property in. the surrounding eros; and, not otherwise detri-
mental to the health, safety arc general welfare of the ci8zara of Anaheim; and recom-
menced that the City Council approve and enter into Development Agreement No. 90-01:
Pro and
WHEREAS, on November 5,1991, the City Council adopted Ordinance No. 5271 autinor-
zing the City to enter into Development Agreement No. 91.M between the City of Anaheim
and The Irvine Company; and
WHEREAS, on June 2, 1992, Developrinent Agreement No. 91-01 was executed be-
tween the City of Anaheim and The Irvine Company and recorded in the Official Records of
Orange County; and
WHEREAS, the Mountain Park Specific Plan No. 90-4 area encompasses approximate -
W,179 acres, Including 2,339 acres which have been annexed to the City of Anaheim and
acres of unincorporated land located within the county of Orerpe in the City of
Anaheim's sphere -of -influence, and which property is generally located in Gypsum Can-
ycn bordenid on the north by the Riverside (SR -91) Freeway and the Gypsum Carryon
Road interchange, on the west by The SummR of Anaheim Him and Sycamore Canyon de-
velopments, on the south by unincorporated property within fate County of Orange in the
City of Orange's sphereof-influence, and on the east by the 697 -acre Cypress Canyon Spe-
cific Plan ares; and f
WHEREAS, as part of the General Plan Update Program, The Irvine Company request-
ed that the study tine Irvine Company a oontampiated reVlaion for the Mountain Perk
Specific Platin. 90 4 to redesignate the MoyMain Park land uses far up to 2,500 residen-
tial unite (4✓ units in dte Low Medium Hilted penalty Reslderrtlal designation and 2,015
units in the
Low Medium Demity Residential designation), a the station site, a park sue, a
school site, trees and open space, which arngnded land uses ora depicted end evaluated
in the proposed General Plan and. associated Environmental Impact Report No. 330, and
WHEREAS, pursuant to the terms of the Development Agreement, the City is preclud-
ed front taking action on amending the General Plan designations for the Mountain Park
Property without the consent of The Irvine Company or pursuant to a termination or cancel-
ation of the Development Agreement in accordance with the City's Procedures Resolution
and the terms of the Development Agreement; and
WHEREAS, pursuant to authority set forth in California Government Code Section
65864, at seq., The Irvine Company, has requested the City to terminate by cancellation De-
velopment Agreement No. 91-01 between the City of Anaheim and The Irvine Company;
and
WHEREAS, the Planning Commission of the City of Anaheim adopted Resolution No.
PC2004-50 at the Planning Commission meeting of April 19, 2004, recommending that the
City Council Introduce and adopt an Ordinance to terminate (by cancellation) Development
Agreement No. 91-01 between the City of Anaheim and The Irvine Company and, further,
that the City Council approve and enter into the Agreement with The Irvine Company, ernti-
tled 'Agreement for Mutual Consent For Cancellation of Development Agreement Pursuant
to California Government Code Section 65868," substantially in the form attached as Exhib-
it 1 to said Resolution.
WHEREAS, an Agreement for Mutual Consent For Cancellation of Development Agree-
ment Pursuant to California Government Code Section 65868 ("Agreement") has been final-
ized, and is substantially in the form attached to Planning Commission Resolution No.
PC2004-50; and
WHEREAS, the Agreement sets forth the terms and conditions for cancellation of the
Development Agreement; and
WHEREAS, the City Council of the City of Anaheim, pursuant to the recommendation
of the Plannr*gp Commission, and afterindependently rev swingg the Negative Declaration,
the Initial SRidy and related documentation and evidence, her eEiy finds on the basis of the
Initial Study and evidence received that there is no substantial evidence drat thepproject, ter-
mination of De%t*opment Agreement No. 91-02, will have a significant effect on the environ-
ment, that the Negative Declaration complies with all requirements of CEQA and tine CEOA
Guidelines, and no further environmental documenttion need be prepared for the termina-
tion of the Development Agreement, and hereby approves the Negative Declaration.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLL614S:
ti11111OTION 1.
That the Agreement, a copy of which is attached hereto as Attachment No. 1 and incor-
porated herein by this reference, is hereby approved.
=QTla12.
That said Development Agreement No. 91-01 between the City of Anaheim and The
IArvginCompany be terminated (by cancellation), subject to the terms and conditions in the
MO. ON S.
That upon compliance with the terms and conditions in the Agreement, the City Clerk
shall record said Agreement and further record a notice of termination (by cancellation) of
Development Agreement No. 91-01.
MOTION 4 CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shag cause the same
to be printed ounce within fifteen (15) days after its adoption in the Anaheim Bulletin, a news-
paper ofcirculation, published and circulated In said City, and thirty (30) days from
and efts ib flrred passage, u"take effect and be M full force.
THE FOREGOING ORDINANCE was introduced at a regularmeeting of the City Coun-
cil of the City of Anaheim held on the 25th day of May, 2004, and thereafterabed and
adopted at a regular meeting of said City Council hent on the 8th day of June, 20d4, by tine
following roll cd vote:
AYES:MAYOR/COUNCILMEMBERS: Pringle, Tak, Hernandez, Chavez, McCracken
NQES: MAYOR/COUNCILMEMBERS: None
ABSENT: MAYOR/COUNCILMEMBERS: None
ABSTAIN: MAYOR/COUNCILMEMBERS: None
CITY OF ANAHEIM
ATTEST: by MAYOR OF THE CITY OF ANAHEW
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim BUlleNi' Itr4s+t @p1)4 . ` 7 .�g5 " '6234005