Ordinance No. 758ORDINANCE NO. 758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A DEVELOPMENT AGREEMENT BETWEEN SAID CITY
AND CYPRESS VIEW, LIMITED.
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 View, Limited, a
California limited partnership, has filed with the City of Cypress an
application to enter into a development agreement with the City, which
applicant 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 Cypress View, Limited 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,
with respect to the proposed development agreement by and between the City
of Cypress and Cypress View, Limited (hereinafter the "Development Agreement ")
that it:
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 85 -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 convenience, 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.
SECTION 2. Approval. The Development Agreement is hereby approved;
and the Mayor is hereby authorized and directed to evidence such approval
by executing the Development Agreement 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 Development Agreement shall 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, 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.
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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 places throughout the City.
FIRST READ at a regular meeting of the City Council of said City held on
the 10th day of March1986, and finally adopted and ordered posted at a
regular meeting of said Council held on the 24th day of March 1986.
ATTEST:
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
TI 'CITY F CYPRESS
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 24th day of March 1986 by the following roll
call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Partin
CITe-
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LERK 0 THE CIT OF CYPRESS
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