Ordinance No. 861ORDINANCE NO. 861
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS APPROVING AMENDMENT NO. 1
TO DEVELOPMENT AGREEMENT NO. 90 -1 BETWEEN
THE CITY OF CYPRESS AND THE CYPRESS
DEVELOPMENT PARTNERSHIP
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 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 20, Cypress Development Partnership, a
California general partnership, 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 Los Alamitos Race Track 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. 1 to Development Agreement No. 90-
1 with Cypress Development Partnership, 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 December 10,
1990 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 Cypress Development Partnership, (hereinafter
"Amendment No. 1 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;
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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 and general welfare because it provides
adequate assurances for the protection
thereof; and
e. Amendment No. 1 is a clarification and
amplification of existing provisions of
Development Agreement No. 90 -1 and is
consistent therewith.
SECTION 2. Approval. Amendment No. 1 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. 1 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. 1 to
Development Agreement No. 90 -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, 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 public places throughout the City.
FIRST READ at a regular meeting of the City Council
of said City held on the 28th day of January , 191L and
finally adopted and order posted at a regular meeting held
on the 11th day of February , 1991
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY LE 0 THE/CITY OF CYPRESS
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the llth day
of February , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
TY OF CYPRESS
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