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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