Ordinance No. 925ORDINANCE NO. 925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DEVELOPMENT AGREEMENT NO. 94 -2 BETWEEN THE
CITY OF CYPRESS AND WARLAND INVESTMENTS COMPANY
WHEREAS, Sections 65864 et sec. 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, Warland
Investments Company, a California limited partnership, has filed with the City of Cypress an
application to enter into a development agreement with the City, 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 a development
agreement with the Warland Investments Company, had been duly given in the form and manner
required by law, and the City Council of said City has conducted a public hearing on September
12, 1994, at which it heard and considered all evidence relevant and material to said subject.
WHEREAS, the City of Cypress hereby finds and determines that the Public Works
Director of the City of Cypress has examined the traffic circulation improvements constructed by
Warland Investments Company within the City of Cypress, the cost of the construction of said
improvements to the City of Cypress, and the benefit of such traffic circulation improvements to
the City of Cypress and has filed with the City Clerk his report dated August 18, 1994, setting
forth the findings of the Public Works Director; and
WHEREAS, the City Council has reviewed the herein above described report of the Public
Works Director and hereby find the facts set forth therein to be true, correct and accurate.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council hereby finds and determines, with respect to the
proposed development agreement by and between the City of Cypress and the Warland
Investments Company, (hereinafter the "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 Specific Plan No. 84 -1, in that
the Development Agreement makes reasonable provision for the use of certain real
property for planned business park and professional office uses, as in said General
Plan and Specific Plans as amended;
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 and
professional office 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. Development Agreement No. 94 -2, a copy of which is on file in the
office of the City Clerk and by this reference is incorporated as if set forth in full, with such
changes, corrections and additions as approved by the City Manager and City Attorney or Acting
City Attorney relative to Warland Investments Company saving and holding the City harmless
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from any claims is hereby approved. The Mayor is authorized and directed to evidence such
approval by executing 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 Development
Agreement No. 94 -2, 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.
FIRST READ at a regular meeting of the City Council of said City held on the 12th day of
September , 1994 and finally adopted and order posted at a regular meeting held on the
26th day of September , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST: 1
CITY CLERK OF HE CIT 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 26th day of September , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0
ABSTAINED: 0
ABSENT: 0
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY C Y OF CYPRESS
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CLERK THE CIT