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Ordinance No. 101091 ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 94 -2 BETWEEN THE CITY OF CYPRESS AND WARLAND INVESTMENTS COMPANY ( "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. 94 -2 for the development of the Warland /Cypress Business Center Specific Plan area, 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 the Amendment No. 1 to Development Agreement No. 94 -2 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 May 29, 2001, 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 fmds and determines, with respect to the proposed Amendment to the Development Agreement by and between the City of Cypress and Developer, (hereinafter "Amendment No. 1 to Development Agreement No. 94 -2 ") 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. 94 -2, as amended, in that the Development Agreement makes reasonable provision for the use of certain real property for planned business park development, 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 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. The Amendment No. 1 is a modification and amplification of existing provisions of Development Agreement No. 94 -2, and is consistent therewith. SECTION 2. Approval. Amendment No. 1 to Development Agreement No. 94 -2, 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. 1 to Development Agreement No. 94 -2 for, and in the name of, the City of Cypress; and the City Clerk is directed to attest thereto; provided, however, that Amendment No. 1 to Development Agreement No. 94 -2 shall not be executed by the City Council until this Ordinance takes affect. 92 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 29th day of May, 2001 and finally adopted, and order posted at a regular meeting held on the 11t day of June, 2001. --/7/,,le 7/44X, MAYOR OF THE 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 11th day of June, 2001, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Keenan (Council Member Keenan did not participate due to the proximity of his business within the Warland /Cypress Business Center Specific Plan Area.)