Ordinance No. 987465
ORDINANCE NO. 987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO DEVELOPMENT AGREEMENT NO. 98 -1 BETWEEN THE CITY OF
CYPRESS AND THE OLSON COMPANY.
WHEREAS, Sections 65864 et sec. of the Government Code of the State of California
and Division 12 of Section 35 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 35, The Olson
Company, a California corporation, has filed with the City of Cypress a revised development
agreement with the City, which 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 revised
development agreement with The Olson Company, had been duly given in the form and manner
required by law, and the City Council of said City conducted a public hearing on March 15,
1999, at which it was heard and considered all evidence relevant and material to said subject.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings The City Council hereby fords and determines, with respect to the
revised development agreement by and between the City of Cypress and The Olson Company,
(hereinafter the "Amended and Restated Development Agreement No. 98 -1 ") 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 Amended and Restated
Development Agreement No. 98 -1, makes reasonable provision for the use of certain real
property for residential uses, 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 residential 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; and
d. Will not be detrimental to the health, safety, and general welfare, because it
provides adequate assurances for the protection thereof.
SECTION 2. Approval. The Amended and Restated Development Agreement No. 98 -1, a copy
of which is on file in the office of the City Clerk and by this reference is incorporated fully
herein, is hereby approved. The Mayor is authorized and directed to evidence such approval by
executing the Amended Development Agreement No. 98 -1 for, and in the name of, the City of
Cypress; and the City Clerk is directed to attest thereto provided; however, that the Amended
and Restated Development Agreement No. 98 -1, shall not be executed by the City until this
Ordinance takes effect.
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 of
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, subdivision, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk is hereby authorized and directed to certify as 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.
466
FIRST READ at an adjourned regular meeting of the City Council
of the City of Cypress held on the 15th day of March 1999, and finally
adopted and ordered posted at a regular meeting held on the 22nd
day of March 1999.
ATTEST:
•
TY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
SS
MAYOR OF THE CITY OF CYPRESS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular
meeting held on the 22nd day of March 1999; by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS