Ordinance No. 1053226
ORDINANCE NO. 1053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DEVELOPMENT AGREEMENT NO. 2003 -01 BETWEEN THE CITY OF CYPRESS AND
COTTONWOOD CHRISTIAN CENTER, INC. ( "DEVELOPER ")
WHEREAS, Sections 65864 et seq. of the Government Code of the State of
California and Section 20 of Appendix I, "Zoning" of the Code of the City of Cypress
authorize the execution of agreements establishing and maintaining requirements
applicable to the development of real property; and,
WHEREAS, in accordance with the procedure specified in said Section 20,
Developer has filed with the City of Cypress an application to adopt Development
Agreement No. 2003 -01 for the development of an approximately 31.07 acre site at the
northeast corner of Katella Avenue and Lexington Street, which application has been
reviewed and accepted for filing by the Assistant Community Development Director; and,
WHEREAS, notice of the City's intention to consider adoption of Development
Agreement No. 2003 -01 with Developer, has been duly given in the form and manner
required by law, and the City Council of said City has conducted a public hearing on
March 8, 2004, at which time it heard and considered all evidence relevant and material
to said subject.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council hereby finds and determines, with
respect to the proposed Development Agreement by and between the City of Cypress
and Developer, (hereinafter "Development Agreement No. 2004-01") that it:
a. Is consistent with the objectives, policies, general land uses and
programs specified in the City of Cypress General Plan and the Cypress
Business and Professional Center Specific Plan in that the Development
Agreement makes reasonable provision for the use of certain real property
for religious institutions as in said General Plan and Specific Plan;
b. Is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property referred to
therein is located as the Development Agreement provides for religious
institutions;
c. Is in conformity with the public convenience, general welfare, and
good land use practice because it makes reasonable provision for a
balance of land uses compatible with surrounding uses and the remainder
of the City; and
d. Will not be detrimental to the health, safety, or general welfare, and
good land use practice because it provides adequate assurances for the
protection thereof.
SECTION 2. Approval. Development Agreement No. 2003 -01, Exhibit "A" on
file in the Office of the City Clerk and by this reference fully incorporated herein, is hereby
approved. The Mayor is authorized and directed to evidence such approval by executing
Development Agreement No. 2003 -01 for, and in the name of, the City of Cypress; and
the City Clerk is directed to attest thereto; provided, however, that Development
Agreement No. 2003 -01 shall not be executed by the City Council until escrow on the site
closes and this Ordinance takes affect.
SECTION 3: If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court or competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION 4: The City Clerk is hereby authorized and directed to certify as to the
passage of this Ordinance and to give notice thereof by causing copies of this Ordinance
to be posted in three (3) public places throughout the City.
FIRST READ at a regular meeting of the City Council of said City held on the
Stn day of March, 2004 and finally adopted and order posted at a regular meeting held on
the 22nd day of March, 2004.
ATTEST:
CLERK 1 F THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
MAYOR OF THE CITY OF CYPRESS
I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of the said City Council
held on the 22nd day of March, 2004, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CLERK F THE CITY OF CYPRESS
227