Resolution No. 3480RESOLUTION NO. 3480
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS CALLING A SPECIAL
MUNICIPAL ELECTION FOR THE SUBMISSION OF
AN INITIATIVE ORDINANCE MEASURE TO A VOTE
OF THE PEOPLE AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON FEBRUARY 14, 1989
WHEREAS, under the provisions of the Charter of the
City of Cypress, California, and the laws of the State of
California, a Special Municipal Election shall be held on
February 14, 1989 for the submission of an initiative
ordinance to voters of the City of Cypress.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND
ORDER AS FOLLOWS:
SECTION 1 . That pursuant to the requirements of
the City Charter, there is called and ordered to be held in
the City of Cypress, California, on Tuesday, February 14,
1989, a Special Municipal Election for the purpose of
submitting the following proposed initiative ordinance
measure, with ballot language as set forth below:
SHALL THE ORDINANCE
enacting a General Plan Amendment,
a Zone Change, a Specific Plan
specifically reducing the density
of the previously adopted Specific
YES
Plan and a Development Agreement
permitting development of a 167.3
acre property as a business park,
including professional office,
and hotel uses, and which limits
NO
31.36 acres of said property to
school and church uses on the
Cypress Downs property adjacent
to the Los Alamitos Race Track,
be adopted?
SECTION 2. That the text of the initiative
ordinance to be submitted to the voters is attached as
Exhibit "A."
SECTION 3. That the ballots to be used at the
election shall be in form and content as required by law.
SECTION 4. That the City Clerk is authorized,
instructed and directed to procure and furnish any and all
official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order
to properly and lawfully conduct the election.
SECTION 5. That the polls for the election
shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time
until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the
Elections Code of the State of California.
SECTION 6. That in all particulars not recited
in this Resolution, the election shall be held and conducted
as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of
holding the election is given and the City Clerk is
authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner
as requested by law.
SECTION 8. That the City Clerk shall certify to
the passage and adoption of this Resolution and enter it
into the book of original Resolutions, and to take other
appropriate actions necessary to ensure the placement of
said measure before the voters of the City of Cypress at
said Special Municipal Election.
PASSED AND ADOPTED by the City Council of the City
of Cypress at a regular meeting held on the 14th day
of November , 1988.
OF THE CITY OF CYPRESS
ATTEST: /
47/v4(7
CITY CLERK OF THE ITY 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 Resolution was
duly adopted at a regular meeting of the said City Council
held on the 14th day of November , 1988, by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS: Davis, Kanel, Mullen and
Arnold
NOES: 1 COUNCIL MEMBERS: Coronado
ABSENT: 0 COUNCIL MEMBERS: None
CITY C OF E CIT OF CYPRESS
—2—
203
206
EXHIBIT "A"
ORDINANCE NO.
THE PEOPLE OF CYPRESS DO ORDAIN AS FOLLOWS:
Recitals.
A. On November 3, 1987, the voters of the
City of Cypress enacted Measure D by initiative, requiring
voter approval of any General Plan amendment changing the
land use designation of any property designated as
public /semi - public, and voter approval of any zone change
altering the zoning of any property zoned as public /semi-
public.
B. SDC Development Limited Partnership
( "SDC ") desires to develop the 167.3 acre Cypress Plaza
property adjacent to the Los Alamitos Race Track as a
business park, with professional office, retail store,
hotel, and school and church uses.
C. The 167.3 acre parcel which SDC seeks to
develop is currently designated as public /semi - public by the
Cypress General Plan, and is zoned for public /semi - public
uses. Development of the property will therefore require a
General Plan amendment to designate the property as business
park, and a zone change to permit business park uses.
D. The zone change requested by SDC requires
approval of a Specific Plan, which specifies the types and
intensities of uses permitted. SDC has also requested that
the City of Cypress enter into a Development Agreement with
SDC, vesting in SDC the right to develop the property as a
business park according to the Specific Plan.
E. Pursuant to Measure D, the City Council
by Resolution No. 3480 , placed SDC's request for a General
Plan amendment and a zone change on the ballot for voter
approval. Pursuant to Elections Code Section 4017, the City
Council has also placed the SDC Specific Plan and
Development Agreement on the ballot for voter approval.
approved:
SECTION 1. Approvals. The following are hereby
A. General Plan Amendment No. 88 -5, amending
the Cypress General Plan to designate 135.94 acres of the
Cypress Plaza property, as legally described in Exhibit "A"
attached hereto and incorporated herein by reference, as
business park. The 31.36 acres in the northwest corner of
the property shall remain public /semi - public, and shall be
used for school and church purposes.
B. Zone Change No. 88 -7, amending Ordinance
No. 640, the Zoning Ordinance of the City of Cypress, by
rezoning the 135.94 acres of the Cypress Plaza property,
legally described in Exhibit "A" hereto, from public /semi-
public to PC -25A. The development standards for said
property shall be as set forth in Specific Plan No. 88 -4.
The remaining 31.36 acres shall remain public /semi - public,
and shall be used for school and church purposes.
207
C. Specific Plan No. 88 -4, a copy of which
is on file in the office of the City Clerk and which is
incorporated herein by this reference.
D. Development Agreement No. 88 -1 , a copy
is on file in the office of the City Clerk and
incorporated herein by this reference.
SECTION 2. Conditions of Approval. If this
ordinance is adopted by the voters of the City of Cypress,
the approvals granted by Section 1 above, shall be subject
to the "Conditions of Approval" set forth in Attachment C to
Resolution No. 3479 certifying the Final Environmental
Impact Report for the Cypress Downs Project and such
additional Conditions of Approval set forth in Resolution
No. 3482
of which
which is
SECTION 3. Repeals. Specific Plan No. 86 -1,
approved by the City Council on September 22, 1986, is
hereby repealed.
SECTION 4. Zoning Map. The official zoning map of
the City of Cypress is hereby amended to reflect the change
of zone approved hereby.
SECTION 5. General Plan Land Use Element Map. The
General Plan Land Use Element official Land Use Map of the
City of Cypress is hereby amended to reflect the change of
land use designation approved hereby.
SECTION 6.
this Ordinance by a
City voting thereon
Measure D. (Section
no further referral
shall be required.
Measure D Compliance. The approval of
majority vote of those voters of the
shall constitute full compliance with
19.2 B. of the Cypress City Code), and
to the voters pursuant to said Measure D
SECTION 7. Preservation Clause. In the event that
any provision of this Ordinance is or shall at any time be
found invalid or unlawful by any court of competent
jurisdiction, such provision shall be deemed a separate,
distinct and independent provision; the invalidity of such
provision shall not affect the validity of the remaining
portions thereof.
SECTION 8. Amendments. Any Amendment of this
Ordinance or of the approvals granted herein shall require a
4 /5ths vote of the City Council or a majority vote of the
voters voting thereon at any election at which the question
of amendment is present.
DEVELOPMENT PARCELS
THE SOUTHEAST QUART~ =h=bF SECTION 20 AND THE SOUTHWEST QUARTER OF SECTION 21,
TOWNSHIP 4 SOUTH RANGE 11 WEST, IN THE RANCHO LOS ALAMITOS, CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 2 ATTACHED TO THE
FINAL DECREE OF PARTITION OF SAID RANCHO, RECORDED IN BOOK 14, PAGE 31 OF DEEDS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION INCLUDED WITHIN THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT
OF WAY, DESCRIBED IN A DEED RECORDED IN BOOK 29, PAGE 33228 OF DEEDS, RECORDS
OF SAID COUNTY.
ALSO EXCEPT THAT PORTION WITHIN CERRITOS AVENUE.
ALSO EXCEPT THAT PORTION WITHIN WALKER STREET.
ALSO EXCEPT THAT PORTION WITHIN KATELLA AVENUE.
ALSO EXCEPT THOSE PORTIONS DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST QUARTER WITH A
LINE THAT IS PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OOF SAID
SOUTHWEST QUARTER. THENCE THE FOLLOWING DESCRIBED COURSES:
1. NORTH 89' 59' 15" EAST 1994.44 FEET ALONG SAID PARALLEL LINE;
2. SOUTH 0' 0' 45" EAST 1239.98 FEET TO THE NORTH LINE OF THE SOUTHERN PACIFIC
RAILROAD COMPANY RIGHT OF WAY AS DESCRIBED IN PARCEL 1 IN A DEED RECORDED
IN BOOK 29, PAGE 328 OF DEEDS, RECORDS OF SAID COUNTY;
3. SOUTH 89' 57' 41" WEST 1993.71 FEET ALONG SAID NORTH LINE TO AN ANGLE POINT
THEREIN;
4. SOUTH 89' 57' 08" WEST 2354.69 FEET CONTINUING ALONG SAID NORTH LINE;
5. NORTH 0' 03' 02" WEST 690.78 FEET;
6. NORTH 89' 56' 58" EAST 2154.95 FEET;
7. NORTH 12' 32' 31" EAST 563.56 FEET TO A LINE THAT IS PARALLEL WITH AND
50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SOUTHWEST QUARTER;
8. NORTH 89' 56' 58" EAST 76.97 FEET ALONG SAID PARALLEL LINE TO THE POINT CF
BEGINNING.
PARCEL 2:
BEGINNING AT THE INTERSECTION OF THE WEST LINE CF SAID SOUTHWEST HS+EST QUARTER WITH
THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT OF WAY AS
DESCRIBED IN PARCEL 1 IN A DEED RECORDED IN BOOK 29, PAGE 328 OF DEEDS. RECORDS
OF SAID COUNTY; THENCE THE FOLLOWING DESCRIBED COURSES:
LG -183
452.0101
7/28/88
4
1. NORTH 89' 57' 42" EAST 1993.67 FEET ALONG SAID SOUTH LINE;
2. SOUTH 0' 0' 45" EAST 390.29 FEET;
3. SOUTH 89' 56' 08" WEST 88.87 FEET TO THE BEGINNING OF A 800.00 FOOT RADIUS
CURVE THAT IS CONCAVE SOUTHEASTERLY.
4. SOUTHWESTERLY 439.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31'
30' 41 ";
5. SOUTH 58' 25' 27" WEST 53.33 FEET TO THE BEGINNING OF A 1500.00 FOOT RADIUS
CURVE THAT IS CONCAVE NORTHERLY;
6. WESTERLY 1441.52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55' 03'
43" TO THE BEGINNING OF A 1000.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE
SOUTHERLY;
7. WESTERLY 410.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23' 31'
53" TO THE BEGINNING OF AN 800.00 FOOT RADIUS COMPOUND CURVE THAT IS
CONCAVE SOUTHERLY;
8. WESTERLY 304.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21' 50'
20 ";
9. NON - TANGENT NORTH 0' 02' 43" WEST 607.51 FEET TO THE SOUTH LINE OF SAID
SOUTHERN PACIFIC RAILROAD COMPANY RIGHT OF WAY;
10. NORTH 89' 57' 08" EAST 639.12 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIPTION IS FOR ZONING PURPOSES ONLY AND IS NOT TO BE USED FOR THE
SALE, LEASE OR FINANCING OF SAID LAND.
•
I . COI HI , L.S. 11
EXPIRATION DATE: JUNE 30, 1992
LG -183
452.0101
7/28/88
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