Ordinance No. 100063
ORDINANCE NO. 1000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT NO. 904 BETWEEN THE
CITY OF CYPRESS AND CYPRESS DEVELOPMENT PARTNERSHIP; LOS ALAMITOS
RACE COURSE, AND FJC U.S.A. ( "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 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 amend Development Agreement No. 90 -1 for the
development of the Cypress Business and Professional Center on the Planning Area 6 site, which
application has been reviewed and accepted for filing by the Community Development Director;
and,
WHEREAS, notice of the City's intention to consider adoption of Amendment No. 3 to
Development Agreement No. 90 -1 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 12,
2000, 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 Amendment to the Development Agreement by and between the City of Cypress
and Developer, (hereinafter "Amendment No. 3 to Development Agreement No. 90-1") that it:
a. Is consistent with the objectives, policies, general land uses and programs
specified in the City of Cypress' General Plan and in Specific Plan No. 89 -1, as
amended, in that the Development Agreement makes reasonable provision for the
use of certain real property for planned business park development, open space,
and recreational uses, as in said General Plan as amended and said 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 planned business park, open space, and
recreational uses.
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 the remainder of the City;
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; and
e. Amendment No. 3 is a clarification and amplification of existing
provisions of Development Agreement No. 90 -1 and is consistent therewith.
SECTION 2. Approval. Amendment No. 3 to Development Agreement No. 90 -1,
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 Amendment No. 3 to Development Agreement No. 90 -1 for, and in the name of, the
City of Cypress; and the City Clerk is directed to attest thereto; provided, however, that
Amendment No. 3 to Development Agreement No. 90 -1 shall not be executed by the City
Council until 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 effect 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 12th day
of June , 2000 and finally adopted and order posted at a regular meeting held on the
26th day of June , 2000.
ATTEST:
TY CLERK OF g CITY OF CYPRESS
MAYOR OF THE CITY OF C "RESS
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 26th day of June , 2000, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Sondhi, and Piercy
NOES: o COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
ITY CLERK O HE CITY OF CYPRESS
65
EXHIBIT "A"
Section 16 of Development Agreement No. 90 -1 is revised as follows:
16. "Hotel. Developer and City agree that it is desirable to have a first class
hotel, of a caliber of not less than that defined as a "moderate first class
hotel" as that term is customarily defined by the Official Hotel Guide
classification system, built and operated on Planning Area 6. City and
Developer shall cooperate with each other to further this goal. Developer
agrees to use reasonable best efforts, in light of economic and market
considerations, to cause the site to be developed in part for hotel use and
have a hotel open and operating by May 24, 2003."
Effective 7/26/2000