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Resolution No. 6984 115 RESOLUTION NO. 6984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF CYPRESS OF A MEASURE TO CONSIDER APPROVAL OF AN ORDINANCE TO REPEAL THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 2.0 AND ADOPT THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 3.0 TO MEET THE CITY OF CYPRESS'S REGIONAL HOUSING NEEDS ALLOCATION AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, AS CALLED BY RESOLUTION NO. 6974 WHEREAS, pursuant to Resolution No. 6974, the City Council of the City of Cypress (City) called and gave notice of the holding of a General Municipal Election, to be held on November 5, 2024, for the purpose of electing Municipal Officers; WHEREAS, by this Resolution, the City Council also desires to submit to the voters at said election a question authorizing the repeal of the Cypress Town Center and Commons Specific Plan 2.0 ("CTCC") and adopt the Cypress Town Center and Commons Specific Plan 3.0 ("Amended CTCC") in compliance with Measure A, as described below; WHEREAS, California State Housing Element Law (California Government Code Article 10.6 and Section 65588) establishes the requirements for the Housing Element and requires each local government in the State to adopt a Housing Element and review and revise it no less than once every eight years; WHEREAS, the 6th Cycle Housing Element for the 2021-2029 planning period must accommodate the City's allocated share of the State's Regional Housing Needs Assessment (RHNA), the methodology for determining future housing need, by income category, within Lthe State and is based on growth in population, households, and employment; WHEREAS, on June 27, 2022, the City Council of the City approved the 2021-2029 Housing Element, which includes a State-mandated sites inventory that assigns zoning to facilitate the addition of 3,936 housing units, plus required buffer units in the City of Cypress over the next eight years pursuant to the City's RHNA obligation, which City Council- approved Housing Element allocates Cypress' RHNA between the Lincoln Avenue Specific Plan and the CTCC; WHEREAS, specifically, the City Council-approved Housing Element proposes to amend the CTCC to add 676 additional housing units at the south end of Los Alamitos Race Course instead of adding 766 housing units in Lincoln Avenue Specific Plan and at Orange Avenue and Grindlay Street via the Amended CTCC; WHEREAS, the Housing Element works in tandem with development policies contained in the Land Use Element of the City's General Plan, which Land Use Element establishes the location, type, intensity, and distribution of land uses throughout the City, and defines the land use build-out potential; WHEREAS, on June 5, 2018, the voters of the City of Cypress approved an initiative Ititled "Measure A", known as the "Cypress Town Center and Commons 2.0 Initiative" establishing the CTCC and amending the Cypress General Plan, the Cypress Zoning Ordinance and Zoning Map and the Amended and Restated Cypress Business & Professional Center Specific Plan; WHEREAS, Measure A requires voter approval of any amendment of the CTCC, the Zoning Map or the Zoning Ordinance of the City of Cypress that would permit any land use other than those permitted in Measure A and any related amendment of the General Plan; 116 WHEREAS, the City wishes to pursue an election in compliance with Measure A to seek approval of the Amended CTCC and the City Council of the City is authorized and directed by statute to submit to the voters the ballot measure to secure approval of the Amended CTCC in compliance with Measure A, and the City Council therefore wishes to have the voters consider the same at the General Municipal Election to be held on November 5, 2024; WHEREAS, concurrently with the approval of this Resolution and in accordance with the provisions of the California Environmental Quality Act ("CEQA"), the City Council approved Resolution No. 6983 certifying the Housing Element Implementation Program Environmental Impact Report, approving the Findings of Fact, the Mitigation Monitoring and Reporting Program and adopting a Statement of Overriding Considerations (collectively, "EIR"); and WHEREAS, Section 9222 of the California Elections Code authorizes the City Council of the City of Cypress to submit to the voters of the City of Cypress, without a petition therefor, a proposition to enact any ordinance to be voted upon at any succeeding regular or special election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be enacted accordingly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council of the City of Cypress, pursuant to its right and authority, hereby orders submitted to the voters at a General Municipal Election to be held on Tuesday, November 5, 2024, the following question: To address the rising cost of living and high cost of housing (without raising taxes); retain/attract small businesses; maintain local control ; meet YES state housing requirements; provide for housing needs of workers, seniors, and middle-class families, shall the City of Cypress measure to approve an ordinance amending the Cypress Town Center and Commons Specific Plan to allow the right to develop 676 additional housing NO units, over time, at the Los Alamitos Race Course instead of allowing 766 housing units elsewhere in Cypress, be adopted? Section 2. The Ordinance submitted to the voters for enactment is attached hereto and incorporated herewith, which would authorize the City Council to change the General Plan, Cypress Zoning Ordinance and Zoning Map for the land as described in the ordinance. The City Clerk shall print the ordinance to be submitted to the voters of the City of Cypress and shall make a copy thereof available to any voter upon request. The City Clerk is hereby authorized and directed to make any changes to the text of the attached Ordinance and this Resolution (including, but not limited to, the question to be submitted to the City's voters as provided in Section 3) as required to conform to any requirements of law. Section 3. The City Council has considered all public comments received in writing or made at the hearings regarding this matter and posted notice in compliance with applicable law. The provisions of CEQA have been complied with, and, pursuant to its Resolution No. 6983, the City Council has certified the EIR, which is incorporated herein by this reference. Section 4. The vote requirement for the measure to pass is a majority (50%+1) of the votes cast. 117 Section 5. The City's 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 General Municipal Election. Section 6. The ballots to be used at the General Municipal Election shall be in form and content as required by law. Section 7. The City Clerk is hereby directed to file a certified copy of this Resolution, together with the attached Ordinance, with the Board of Supervisors and with the Elections Official of the County of Orange. Section 8. Pursuant to Sections 9280 through 9287 of the California Elections Code, arguments for or against the measure and rebuttal arguments shall be submitted and selected as follows: a. Pursuant to California Elections Code Section 9282, the Mayor is authorized to prepare and file a written argument in favor of the proposed measure, including the names of any persons or organizations supporting the proposed measure, consistent with the requirements of the Elections Code, not to exceed three hundred (300) words, on behalf of the City Council. In the event that an argument is filed against the measure, the Mayor is authorized to prepare a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote on the measure. b. The last day for submission of primary arguments for or against the measure shall be 14 days from the calling of this election, which is July 22, 2024, by 5:30 p.m. pursuant to Election Code Section 9286 and shall be accompanied by Statement Form 9600 pursuant to Elections Code Section 9600. All primary arguments may be changed or withdrawn until and including the last day for submission of primary arguments, after which time no arguments for or against the aforementioned measure may be submitted to the City Clerk. c. Primary arguments (1) shall not exceed three hundred (300) words; (2) shall be filed with the City Clerk; and (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument. d. In the event that more than one argument for or against the measure is timely submitted, the City Clerk shall give preference and priority in the order set forth at California Elections Code Section 9287. e. Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument that it seeks to rebut. f. The last day for submission of rebuttal arguments for or against the measure shall be 10 days after the final date for submission of primary arguments for or against the measure, which is August 1, 2024, by 5:30 p.m. pursuant to Election Code Section 9285 and shall be accompanied by Statement Form 9600 pursuant to Elections Code Section 9600. 118 g. Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five persons. The author or a majority of the authors of a primary argument relating to the aforementioned measure may prepare and submit a rebuttal argument. A rebuttal argument may not be signed by more than five (5) authors. Section 9. The City Council hereby directs the City Clerk to transmit a copy of the aforementioned measure to the City Attorney. In accordance with California Elections Code Section 9280, the City Attorney is hereby directed to prepare an impartial analysis of the measure, not to exceed five hundred (500) words in length, showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure No. . If you desire a copy of the ordinance or measure, please call the elections official's office at (insert telephone number) and a copy will be mailed at no cost to you." The impartial analysis shall be filed with the City Clerk by July 22, 2024, at 5:30 p.m. for the submission of the impartial analysis in the voter's pamphlet materials. Section 10. The City Clerk shall cause the City Attorney's Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding same. Section 11. The City Clerk is directed to transmit this Resolution to the City Attorney. The City Attorney is hereby directed to prepare a synopsis of the Ordinance that shall be published in lieu of the proposed Ordinance with the Notice of Election as provided by section 36933 of the Government Code and section 12111 of the Elections Code. Section 12. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. Section 13. The Ordinance is attached as Exhibit A and is made a part hereof. Section 14. That this Resolution is effective on the day of its adoption. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 8th day of July, 2024. OR H �"� � OF T CYPRESS ATTEST: \ )4Dakikilfli CITY CLERK OFTHE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, ALISHA FARNELL, 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 8th day of July, 2024, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Mallari, Peat and Minikus NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None )A,flifif CITY CLERK OW THE CITY OF CYPRESS 119 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF CYPRESS, CALIFORNIA, TO REPEAL THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 2.0 AND ADOPT THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 3.0 TO MEET THE CITY OF CYPRESS'S REGIONAL HOUSING NEEDS ALLOCATION WHEREAS, by Resolution No. 6984, the City Council ("City Council") of the City of Cypress ("City") approved submission to the voters at the General Municipal Election scheduled for November 5, 2024, a question authorizing the repeal of the Cypress Town Center and Commons Specific Plan 2.0 ("CTCC") and adopt the Cypress Town Center and Commons Specific Plan 3.0 ("Amended CTCC") in compliance with Measure A, as described below; WHEREAS, California State Housing Element Law (California Government Code Article 10.6 and Section 65588) establishes the requirements for the Housing Element and requires each local government in the State to adopt a Housing Element and review and revise it no less than once every eight years; WHEREAS, the 6th Cycle Housing Element for the 2021-2029 planning period must accommodate the City's allocated share of the State's Regional Housing Needs Assessment ("RHNA"), the methodology for determining future housing need, by income category, within the State and is based on growth in population, households, and employment; WHEREAS, on June 27, 2022, the City Council of the City approved the 2021-2029 Housing Element, which includes a State-mandated sites inventory that assigns zoning to facilitate the addition of 3,936 housing units in the City of Cypress over the next 8 years pursuant to the City's RHNA obligation, which City Council-approved Housing Element allocates Cypress' RHNA between the Lincoln Avenue Specific Plan and the CTCC; WHEREAS, specifically, the City Council-approved Housing Element proposes to amend the CTCC to add 676 additional housing units at the south end of Los Alamitos Race Course instead of adding 736 housing units on Lincoln Avenue via the Amended CTCC; WHEREAS, the Housing Element works in tandem with development policies contained in the Land Use Element of the City's General Plan, which Land Use Element establishes the location, type, intensity, and distribution of land uses throughout the City, and defines the land use build-out potential; WHEREAS, on June 5, 2018, the voters of the City of Cypress approved an initiative titled "Measure A", known as the "Cypress Town Center and Commons 2.0 Initiative" establishing the CTCC and amending the Cypress General Plan, the Cypress Zoning Ordinance and Zoning Map and the Amended and Restated Cypress Business & Professional Center Specific Plan; WHEREAS, Measure A requires voter approval of any amendment of the CTCC, the Zoning Map or the Zoning Ordinance of the City of Cypress that would permit any land use other than those permitted in Measure A and any related amendment of the General Plan; WHEREAS, the City Council is authorized and directed by statute to submit to the voters the ballot measure to secure repeal of the CTCC approval of the Amended CTCC attached hereto as Exhibit "A" (available at the Cypress Planning/Community Development Department and at: https://www.cypressca.org/departments/community- development/housing-element-implementation-ballot-measure) in compliance with Measure A, which the City Council directed for the voters to consider the same at the General Municipal Election to be held on November 5, 2024; WHEREAS, in accordance with the provisions of the California Environmental Quality Act ("CEQA"), the City Council approved Resolution No. 6983 certifying the Housing Element Implementation Program Environmental Impact Report, approving the Findings of 120 Fact, the Mitigation Monitoring and Reporting Program and adopting a Statement of Overriding Considerations; and WHEREAS, Section 9222 of the California Elections Code authorizes the City Council of the City of Cypress to submit to the voters of the City of Cypress, without a petition therefor, a proposition to enact any ordinance to be voted upon at any succeeding regular or special election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be enacted accordingly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the laws of the State of California relating to elections, the City Council called and ordered to be held a General Municipal Election in the City of Cypress, California, on Tuesday, November 5, 2024, for the purpose of submitting to the City's qualified voters this Ordinance the repeal of the Cypress Town Center and Commons Specific Plan 2.0 ("CTCC") and adoption of the Cypress Town Center and Commons Specific Plan 3.0 ("Amended CTCC"). Section 2. The provisions of the California Environmental Quality Act ("CEQA") have been complied with, and, pursuant to its Resolution No. 6983, the City Council has certified an Environmental Impact Report (SCH# 2023040560) analyzing the environmental impacts associated with update to the City's General Plan, Lincoln Avenue Specific Plan, the Cypress Town Center and Commons Specific Plan 2.0, the 2012 Cypress Business and Professional Center Specific Plan, and the Zoning Ordinance, approved the Findings of Fact and the Mitigation Monitoring and Reporting Program and adopted a Statement of Overriding Considerations. Section 3. If a majority of the voters of the City of Cypress voting at the General Municipal Election on Tuesday, November 5, 2024, vote in favor of this Ordinance, then this Ordinance repealing the CTCC and adopting the Amended CTCC attached hereto as Exhibit "A" (available at the Cypress Planning/Community Development Department and at: https://www.cypressca.org/departments/community-development/housing-element- implementation-ballot-measure) shall become a valid and binding ordinance of the City of Cypress, and shall be considered as adopted upon the date that the vote is declared by the City Council of the City of Cypress, and this Ordinance shall go into effect ten (10) days after that date, pursuant to Elections Code Section 9217. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Cypress declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity. Section 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the approval thereof and cause same to be published or posted pursuant to law. APPROVED BY THE VOTERS OF THE CITY OF CYPRESS AT THE ELECTION HELD ON NOVEMBER 5, 2024. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 121 EXHIBIT "A" Cypress Town Center and Commons Specific Plan 3.0 [Provided as separate document]