Resolution No. 3673RESOLUTION NO. 3673
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 APRIL 24, 1990
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
April 24, 1990 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, April 24,
1990, 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
and a Zone Change for 298.6 acres
of real property bounded by Cerritos
Avenue, Walker Street, Katella
Avenue and Denni /Lexington
Street, designating Business
YES
Park uses for 75 acres of the
property on the east and south sides
of the Los Alamitos Race Track
and designating Public /Semi - Public
uses for the remaining 223.6 acres of
said property, which includes the
NO
93.6 acre golf course and the 130
acre race track, be approved?
SECTION s That the text of the initiative
ordinance to be submitted to the voters is attached as
Exhibit "A."
SECTION 3. That the City Clerk has set February 5,
1990 as the date for the submission of primary arguments
(for and against) said initiative ordinance measure,
February 5, 1990 as the date for the submission of the City
Attorney's impartial analysis of said initiative ordinance
measure, and February 15, 1990 as the date for the
submission of rebuttal arguments to said primary arguments.
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SECTION 4. That the ballots to be used at the
election shall be in form and content as required by law.
SECTION 5. 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 6. 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 7. 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 8. 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 9. 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 22nd day
of January , 1990.
ATTEST:
MA'r OF THE CITY OF CYPRESS
‘4%lf?e
CITY CLERK OF THE C 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 Resolution was
duly adopted at a regular meeting of the said City Council
held on the 22nd day of January , 1990, by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK 0/ THE C� OF CYPRESS
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EXHIBIT "A"
ORDINANCE NO.
AN INITIATIVE ORDINANCE OF THE CITY OF
CYPRESS AMENDING THE GENERAL PLAN AND
APPROVING A ZONE CHANGE FROM PS TO BP AND
PBP25A RESPECTIVELY FOR A PORTION OF THE
LOS ALAMITOS RACE TRACK AND ADJOINING
PROPERTY; REPEALING HOLLYWOOD PARK'S 1986
SPECIFIC PLAN; AND MAKING TECHNICAL AND
CONFORMING AMENDMENTS TO THE CITY'S
ZONING ORDINANCE
THE PEOPLE OF THE CITY OF CYPRESS DO HEREBY ORDAIN
AS FOLLOWS:
RECITALS
A. On November 3, 1987, the voters of the City of
Cypress by initiative enacted Ordinance Number 790, commonly
knows as "Measure D.' Measure D requires voter approval of
any General Plan Amendment which changes the land use
designation of any property from "PS," Public /Semi - Public.
In addition, Measure D also requires voter approval of any
change from or modification to the uses in the "PS,"
Public /Semi- Public Zone.
B. The Cypress Development Partnership is the
owner of that certain real property commonly known as the
"Los Alamitos Race Track and Golf Course," here -in -after
referred to as the "subject property," bounded by Katella
Avenue to the South, Walker Street to the East, Cerritos
Avenue to the North, and the Lexington /Denni Street
extension to the West.
C. The approximately 298.6 acres constituting the
subject property is currently designated on the General Plan
and zoned as PS, Public /Semi - Public. The Cypress
Development Partnership seeks to develop approximately
seventy -five (75) acres of the subject property as a mixed -
use business park -- including office - professional, support
commercial, and hotel uses. The balance of the property
will be designated and zoned as PS and include a reactivated
golf course on approximately 93.6 acres and continuance of
the racetrack on approximately 130 acres.
D. The Cypress Development Partnership is seeking
a General Plan Amendment for approximately 75 acres along
Walker Street and Katella Avenue from P/S to "B /P" Business
Park and a zone change from P/S to "PBP25A," Planned
Business Park of 25 acres or more. Under the terms of
Measure D these changes from PS designation and zone require
a vote of the people.
E.
Resolution No
Partnership's
Change on the
Pursuant to Measure D, the City Council by
. 3673 , placed the Cypress Development
request for a General Plan Amendment and Zone
ballot as an initiative ordinance for
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consideration by the voters of the City of Cypress. By the
authority of California Elections Code Section 4017, the
City Council called a special election to be held on this
matter for April 24, 1990.
SECTION I. Repeal of Hollywood Park's 1986 Specific
Plan. Resolution Number 3137 and Specific Plan Number 86 -1
approved by the City Council on September 11, 1986 which
granted Hollywood Park the right to develop a 160.6 acre,
3,720,892 square foot mixed use business park is hereby
repealed.
SECTION II. General Plan Amendment.
(a) General Plan Amendment Number 89 -2 which
amends the Land Use Element and Land Use
Designation Map of the Cypress General Plan by
designating approximately 75 acres as "BP,"
Business Park of the subject property as
legally described in Exhibit "1" attached
hereto and incorporated herein by reference,
and by designating approximately 223.6 acres
as "PS," Public /Semi - Public to be utilized for
golf course, racetrack, and other PS uses, of
the subject property, as legally described in
Exhibit "2" attached hereto and incorporated
herein by reference, are hereby approved. The
building intensity for the 75 acre business
park shall not exceed 1,827,754 square feet.
(b) The General Plan Land Use Element Official
Land use Map of the City of Cypress is hereby
amended to reflect the land use designations
approved hereby. The Planning Director is
hereby directed to cause this designation as
approved to be reflected in the official City
records for this property.
SECTION III. Zone Change.
(a) Zone Change Number 89 -7, amending Ordinance
Number 604, the Zoning Ordinance of the City
of Cypress, by zoning approximately 75 acres
as "PBP25A," Planned Business Park of twenty -
five acres or more, as such zone is herein
amended in Section VI, said acres being
legally described in Exhibit "1" attached
hereto and incorporated herein by reference,
and by zoning approximately 223.6 acres as
"PS, Public /Semi - Public to be utilized for
golf course, racetrack, and other PS uses, as
legally described in Exhibit "2" attached
hereto and incorporated herein by reference,
are hereby approved.
(b) The official Zoning Map of the City of Cypress
is hereby amended to reflect the change of
zones approved hereby. The Planning Director
is hereby directed to cause this change of
zone as approved to be reflected in the
official City records for this property.
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SECTION IV. Approvals Granted - Interpretation.
The General Plan designations approved herein shall
be deemed consistent with the zoning approved herein and the
zoning approved herein shall be deemed consistent with the
General Plan . designations approved herein. In addition, any
previous claims as to zoning or General Plan designations
shall be deemed abrogated and void by the enactment of this
measure.
SECTION V. Measure D Compliance.
The approval of this measure by a majority of those
voters of the City voting thereon shall constitute full
compliance with Measure D -- Section 19.2B of the Cypress City
Code - -and no further referral to the voters pursuant to said
Measure D shall be required for that approximately 75 acres
as legally described in Exhibit "1" attached hereto and
incorporated herein by reference.
SECTION VI. Amendments to the "PBP25A." Planned
Business Park Zone.
(a) Section 12.10 -2(2), "Uses Permitted in the
PBP25A Zone," of Appendix I, "Zoning" of the
Code of the City of Cypress, as enacted by
Ordinance Number 809, is hereby repealed.
(b) Section 12.10 -3, "General Requirements: PBP-
25A," Subsection A of Appendix I, "Zoning," of
the Code of the City of Cypress, as enacted by
Ordinance Number 809, is hereby amended to
read as follows:
"A. An application for a zone
change to permit the establishment
of a PBP25A Zone shall include a
timeline for the submission of a
specific plan as authorized by
Section 12.10 -2(3) and shall set
forth development maximums which
shall not be exceeded in said
specific plan or any underlying
development. 'Development Maximums'
as used herein shall mean building
heights, square footage, densities,
and setbacks from major streets."
(c) Section 12.10 -6, "Adoption of Specific Plan,"
of Appendix I, "Zoning," of the Code of the
City of Cypress, as enacted by Ordinance
Number 809, is hereby amended to read as
follows:
"Any specific plan approved for
use in the PBP25A Zone shall be
adopted by resolution of the City
Council. Thereafter, the ordinance
rezoning any property to PBP25A
shall be amended by the City Council
to incorporate by reference the
adopted specific plan as the
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development standards and
regulations for that PBP25A zoned
property."
(d) Any development in the PBP 25A Zone
approved by this Ordinance and
identified as Zone Change No. 89 -7
for the 75 acre parcel in the PBP
Zone shall not exceed the following
development maximums:
(1) No building shall exceed
ninety -nine (99) feet in height
with the exception of the
hotel, which may have a greater
height only if approved by the
City Council.
(2) The density of development
shall not exceed a maximum of
1,827,754 square feet of
building floor area.
(e) The amendments made herein shall
apply to that certain zone change
request identified as Zone Change
No. 89 -7, which meets the require-
ments specified above. The applica-
tion of the amendments in Subsection
(a) to (c) above shall not be intre-
preted as requiring any additional
application, action, vote, or
ratification for Zone Change
No. 89 -7 to become effective.
SECTION VII. Preservation /Severability 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 invali-
dity of such provision shall not affect the validity of the
remaining portions thereof. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconsti-
tutional by the decision of any court of competent jurisdic-
tion, such decision shall not affect the validity of the
remaining portions of this Ordinance. The People of the
City of Cypress hereby declare that they 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 VIII. 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.
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