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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM REPEALING
ORDINANCE NO. 6186 AND WITH MUTUAL
CONSENT CANCELING DEVELOPMENT
AGREEMENT NO. 2010-00002 BY AND
BETWEEN THE CITY OF ANAHEIM AND THE
IRVINE LAND COMPANY LLC AND THE
IRVINE COMPANY LLC AND DETERMINING
THAT THIS ORDINANCE IS EXEMPT FROM
THE REQUIREMENTS TO PREPARE
ADDITIONAL ENVIRONMENTAL
DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15060(C)(2) BECAUSE
IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "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 (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the approval, modification, and cancellation of development agreements upon receipt of an application by the City; and WHEREAS, on July 12, 2010, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), the City and The Irvine Company LLC (hereinafter referred to as the "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2010-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") to vest certain project entitlements and address the implementation of the Mountain Park project; and WHEREAS, on October 26, 2010, the City Council did adopt Ordinance No. 6186 approving Development Agreement No. 2010-00002; and -2-
WHEREAS, the City of Anaheim and The Irvine Land Company LLC mutually consent to the cancellation of Development Agreement No. 2010-00002; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 6186 is hereby repealed.
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 3.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 4.
That Development Agreement No. 2010-00002 be, and the same is, canceled and of no further force or effect.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
152068/LHM
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