Ordinance No. 910271
ORDINANCE NO. 910
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING AMENDMENT NO. 2 TO
DEVELOPMENT AGREEMENT NO. 90 -1 BETWEEN THE
CITY OF CYPRESS AND CYPRESS DEVELOPMENT
PARTNERSHIP; LOS ALAMITOS RACECOURSE, 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 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, 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. 2 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 February 28 , 1994 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. 2 to Development Agreement
No. 90 -1 ") that it:
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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 because it provides adequate assurances
for the protection thereof; and,
e. Amendment No. 2 is a clarification and amplification
of existing provisions of Development Agreement No. 90 -1
and is consistent therewith.
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SECTION 2. Approval. Amendment No. 2 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. 2 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. 2 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 February , 1994 and finally adopted
and order posted at a regular meeting held on the l4th day of _
Mardi, 1994.
ATTEST:
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MAYOR OF THE CITY OF CYPRESS
CITY CLERK O OF CYPRESS
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 14th day of March , 1994, by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and
Partin
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF TH CITY OF CYPRESS
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