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Ordinance No. 847439 ORDINANCE NO. 847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DEVELOPMENT AGREEMENT NO. 90 -1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS DEVELOPMENT PARTNERSHIP WHEREAS, Sections 65864 et seg. 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 Development Partnership, a California general partnership, has filed with the City of Cypress an application to enter into a development agreement with the City, for the development of the Cypress Business and Professional Center on the Los Alamitos Race Track 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 a development agreement with Cypress Development Partnership, 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 Development Partnership, (hereinafter the "Development Agreement No. 90 -1 ") 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. 89 -1 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; 440 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. 90 -1, Exhibit "A" on file in the office of the City Clerk and by this reference fully incorporated herein, is hereby approved subject to the limitation set forth in Section 3 of this Ordinance. The Mayor is authorized and directed to evidence such approval by executing 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 Development Agreement No. 90 -1 shall not be executed by the City until this Ordinance takes effect. SECTION 3. This Ordinance and Development Agreement No. 90 -1 shall be of no force or effect unless and until that initiative ordinance measure providing for the General Plan Amendment and Zoning for the subject property is approved by the voters of Cypress at the Special Municipal Election to be held on April 24, 1990. SECTION 4. 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 5. 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 an adjourned regular meeting of the City Council of said City held on the 17th day of April 1990 and finally adopted and ordered posted at a regular meeting held on the 23rd day of April 1990. ATTEST: CIT`' Y OF HE CITY OF TRESS F THE CXTY OF CYPRESS -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss 441 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 23rd day of April , 1990, by the following rol call vote: AYES: 5 COUNCIL MEMBERS:Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS:None ABSTAINED: 0 COUNCIL MEMBERS:None ABSENT: 0 COUNCIL MEMBERS:None CITY ail/ F HE C TY OF CYPRESS