Ordinance No. 1026132
ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DEVELOPMENT AGREEMENT NO. 2002 -01 BETWEEN THE CITY OF CYPRESS AND
FIELDSTONE COMMUNITIES, INC. ( "DEVELOPER ")
WHEREAS, Sections 65864 et sec . Of the Government Code of the State of California and
Section 20 of Appendix I, "Zoning ' of the Code of the City of Cypress authorizing 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. 2002 -01 for the
development of an approximately 5.28 acre site at the northwest corner of Orange Avenue and
Walker 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. 2002 -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 June 24, 2002, 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. 2002-01") that it:
a. Is consistent with the objectives, policies, general land uses and programs
specified in the City of Cypress' General Plan in that the Development Agreement
makes reasonable provision for the use of certain real property for planned
residential development as in said General 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 planned residential development.
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. 2002 -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. 2002 -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. 2002 -01 shall not be
executed by the City Council until this Ordinance takes affect.
133
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 24th day of
June, 2002 and finally adopted and order posted at a regular meeting held on the 8th day of July,
2002.
MAYOR ' 1 CITY OF CYPRESS
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )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 8th day of July, 2002, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill