Ordinance No. 1043212
ORDINANCE NO. 1043
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING THE CYPRESS CITY CODE, APPENDIX I — ZONING, SECTIONS 35.183.D AND
E, RELATING TO PERIODIC REVIEWS OF DEVELOPMENT AGREEMENTS
WHEREAS, the City Council of the City of Cypress recognizes that the California Government
Code no longer requires that development agreement reviews be conducted during a public hearing; and
WHEREAS, the City Council of the City of Cypress recognizes that an administrative review
process would comply with the provisions for period reviews of development agreements as set forth in
the California Government Code, Title 7, Division 1, Section 65865.1; and
WHEREAS, the City Council is amending Sections 35.183.D and E of the City of Cypress
Zoning Ordinance in order to ensure consistency with the aforementioned provisions of the California
Government Code.
NOW, THEREFORE, the City Council of the City of Cypress hereby ordain as follows:
Section 1: Sections 35.183.D and E of the Cypress Zoning Ordinance is hereby amended to
read in its entirety as follows:
Sec. 35.183.D. Public Hcarin, Administrative Review. The Community Development
Director or assignee shall conduct a public hearing pursuant to the provisions of Division 2 of this
Section 35 (Notice and Conduct of Public Hearings) an annual administrative review at during which
the property owner must demonstrate good faith compliance with the terms of the Agreement. The
burden of proof on this issue shall be upon the property owner.
Sec. 35.183.E. Findings Upon Public Hcarin* Administrative Review. The Community
Development Director or assignee shall determine upon the basis of substantial evidence whether or not
the property owner has, for the period under review, complied in good faith with the terms and
conditions of the Agreement.
Section 2: The City Clerk of the City of Cypress shall certify to the passage and adoption of this
ordinance and the same shall be posted as required by law and shall take effect as provided by law.
FIRST READING at a regular meeting of the City Council of said City held on the 14th day of
July, 2003, and finally adopted and order posted at a regular meeting held on the 28th day of July, 2003.
Al LEST:
ITY CLERK OF T ITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
MAYOR OF THE CITY OF C SS
I, JILL R. INGRAM- 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 28th day of July 2003, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Keenan, McGill and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: McCoy and Piercy
ITY CLERK OF j :I CITY OF CYPRESS