Ordinance No. 815a87
ORDINANCE NO. 815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DEVELOPMENT AGREEMENT NO. 88 -2 BETWEEN THE
CITY OF CYPRESS AND CYPRESS HOMES, INC.
WHEREAS, Section 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 Homes, Inc., a California corporation, 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 Cypress Homes, Inc. has been duly
given in the form and manner required by law, 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. The City Council hereby finds and
determines, with respect to the proposed Development Agreement by
and between the City of Cypress and Cypress Homes, Inc.
(hereinafter the "Development Agreement No. 88 -2 "), 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. 88 -2 in that the
Development Agreement makes reasonable provision for the
use of certain real property for planned residential
development, as provided in said General Plan and
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
residential development;
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. 88 -2,
Exhibit "A," a copy of which is on file in the Office of the City
Clerk and by this reference is incorporated herein, is hereby
approved. The Mayor is authorized and directed to evidence such
approval by executing Development Agreement No. 88 -2 for, and in
the name of, the City of Cypress; and the City Clerk is hereby
directed to attest thereto; provided, however, that Development
Agreement No. 88 -2 shall not be executed by the City until this
Ordinance takes effect.
c, 8 S
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 8th day of MaY 1989, and finally adopted and
ordered posted at a regular meeting held on the 22nd day of May
1989.
MAYOR 0 'THE TY OF YPRESS
ATTEST:
CIT CLER F THE QIT Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 22nd day of
May 1989, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY C[ EtK THE X OF CYPRESS