Ordinance No. 724ORDINANCE NO. 724
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN SAID CITY AND CYPRESS LAND COMPANY
WHEREAS, Sections 65864 and following of the Government
Code of the State of California and Section 20 of the Zoning
Ordinance 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 procedures specified in
Section 20 of the Zoning Ordinance of the City of Cypress,
Cypress Land Company, a California limited partnership, and the
City of Cypress have heretofore entered into a development
agreement dated as of the 10th day of September, 1982 (the
"Development Agreement "); and
WHEREAS, the City and Cypress Land Company wish to amend
Section 5.3 of the Development Agreement as set forth in that
certain document entitled First Amendment to Development
Agreement (the "Amendment "); and
WHEREAS, notice of the City's intention to consider
adoption of the Amendment has been duly given in the form and
manner provided for in Section 20 of the Zoning Ordinance of
the City of Cypress, and the City Council of said City has
conducted a public hearing at which it heard and considered all
evidence relevant and material to said subject;
NOW, THEREFORE, the City Council of the City of Cypress
HEREBY DOES ORDAIN as follows:
SECTION 1. Findings. This City Council hereby finds and
determines that the Development Agreement, as amended by the
Amendment:
a. Is consistent with the objectives, policies,
general land uses and programs specified in the General
Plan of the City of Cypress and in City of Cypress Specific
Plan 81 -1 in that the Development Agreement makes
reasonable provision for the use of certain real property
for commercial purposes and otherwise permits the use of
property for industrial purposes, all as provided for in
said General Plan 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 in
that the Development Agreement provides for commercial and
industrial uses;
c. Is in conformity with the public conveniences,
general welfare and good land use practice in that 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 in that it provides adequate assurances for
the protection thereof.
0
a_
SECTION 2. Approval. The Amendment is hereby approved;
and the Mayor is hereby authorized and directed to evidence
such approval by executing the Amendment for, and in the name
of, the City of Cypress; and the City Clerk is hereby
authorized and directed to attest thereto; provided, however,
that the Arr4endment shalll not be executed by the City until this
Ordinance takes effect:
SECTION 3. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
ordinance, or the application thereof to any person or place,
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 or its application to other persons or places. 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, or the application
thereof to any person or place, 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 9th day of April , 1984, and finally
adopted and ordered posted at a regular meeting of said Council
held on the 23rd day of April , 1984.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CIT L ERK F THE ITY OF P
CY RESS
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, DARRELL ESSEX, 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 23rd day
of April , 1984 by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Lacayo, Mullen, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY CLERK Off' THE C- TY OF CYPRESS
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