Resolution No. 2854RESOLUTION NO. 2854
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
OVERRULING THE DETERMINATION BY THE AIRPORT LAND USE
COMMISSION OF THE COUNTY OF ORANGE REGARDING THE
CONSISTENCY OF THE WARLAND/CYPRESS BUSINESS CENTER
SPECIFIC PLAN FOR THE CITY OF CYPRESS WITH THE
AIRPORT ENVIRONS LAND USE PLAN FOR ORANGE COUNTY
AND MAKING CERTAIN FINDINGS.
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WHEREAS, in June of 1983, the Airport Land Use Commission of Orange
County ("Commission") adopted amendments to the Airport Environs Land Use
Plan for Orange County (the "AELUP") which covered the portion of the City
of Cypress (the "City") adjacent to the Los Alamitos Armed Forces Reserve
Center; and
WHEREAS, in accordance with Public Utilities Code, Section 21676 (b),
on November 15, 1984, the Commission determined that the Warland/Cypress
Business Center Specific Plan as inconsistent with the applicable provisions
of the AELUP establishing height limitations; and
WHEREAS, the City of Cypress General Plan for this area sets forth a
policy of generally limiting tall buildings; and
WHEREAS, the Cypress Specific Plans of this area set forth height limits
subject to the criteria imposed by the Federal Aviation Agency ("FAA"): and
WHEREAS, it is staff policy to check all building plans for this area
with the 100:1 and 50:1 approach clearance surface maps approved specifically
for Cypress by the FAA; and
WHEREAS, the Airport Environs Land Use Plan, June 1983, describes the
...ultimate height of structures...as being. ..under the "imaginary surfaces"
as defined in FAR Part 77; and
WHEREAS, the City Council has reviewed the Warland/Cypress Business
Center Specific Plan as it relates to the height restrictions set forth in
Section 3.2.2 of the AELUP; and
WHEREAS, the City of Cypress is unaware of any conflict, present or
potential, and believes that there is no conflict between the Warland/Cypress
Business Center Specific Plan and the AELUP including without limitation
Section 3.2.2 thereof; and
WHEREAS, the City Council has conducted a public hearing regarding its
decision to overrule the Commission's determination of inconsistency with
respect to the Warland/Cypress Business Center Specific Plan as it relates
to height restrictions set forth in Section 3.2.2 of the AELUP.
NOW, THEREFORE, the City Council of the City of Cypress does hereby
resolve as follows:
SECTION 1: In accordance with Public Utilities Code Section 21676, the
City Council hereby finds and determines that the Warland/Cypress Business
Center Specific Plan as it relates to those portions of the City covered by
the AELUP are consistent with the purposes set forth in Public Utilities
Code Section 21670 (a), ro wit:
(a) To provide for the orderly growth of each public use airport
in the State of California and the area surrounding such airport in such a
mam,er, among other things, to promote the overall goals and objectives of
the California Airport Noise Standards adopted pursuant to Public Utilities
Code Section 21699, and prevent the creation of new noise and safety problems;
and
(b) To protect public health, safety, welfare by insuring orderly
expansion of airports and the adoption of land use measures that minimize
the public's exposure to excessive noise and safety hazards within areas
around public airports to the extent such areas are not already devoted to
incompacible uses.
SECTION 2: in accordance with Public Utilities Code Section 21676, the
City Council hereby overrules the determination of the Commission with respect
to the consistency of the Worland/Cypress Business Center Specific Plan as it
relates to the height restrictions set forth in section 3.2.2 of the AELUP.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cypress on the 26th day of November 1984.
MAYOR CjF THE CITY OF CYPRESS
ATTEST:
CITY�ru K OF THE ��/OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 26th day of November 1984, by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Laceyo, Mullen, Partin and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI CLERK OF THE CI OF CYPRESS