Resolution No. 6442061
RESOLUTION NO. 6442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE
SUBMISSION OF TWO PROPOSED ORDINANCES TO THE VOTERS
WHEREAS, pursuant to this Resolution, the City Council of the City of Cypress
hereby calls for and gives notice of the holding of a General Municipal Election, to be
held on November 4, 2014, for the purpose of submitting two proposed ordinances
(Ordinance Nos. 1145 and 1146) to the voters of the City of Cypress for their
consideration (the "General Municipal Election "); and
WHEREAS, the District Administrative Office Building & Yard for the Cypress
School District ( "District ") is currently located on the approximately 6.3 acres of land
located at 9470 Moody Street, in the City of Cypress, California (the "District Offices
Site "); and
WHEREAS, the District Offices Site is currently zoned "PS -1A" or "Public /Semi
Public," a zoning designation adopted in 1987 pursuant to a voter initiative entitled the
"Cypress Greenbelt Preservation and Open Spaces Initiative," commonly referred to as
"Measure D ";
WHEREAS, Measure D prohibits the rezoning of any real property designated as
"Public /Semi - Public" without prior voter approval, as follows:
"[n]o amendment of the PS (Public and Semi - Public) Zone of the Zoning
Map and /or the Zoning Code of the City of Cypress which will allow or
permit any land use other than those permitted in the PS Zone at the time
of enactment of this ordinance of July 31, 1987, shall be valid or effective
for any purpose whatsoever unless and until such amendment shall have
been approved by a majority of those voters of the city voting thereon at
any regular or special municipal election "; and
WHEREAS, Measure D further requires that the City Council of the City of
Cypress "refer any ... amendment approved by it [meaning the City Council] to .. .
[the] voters pursuant to the provisions of Section 4017 of the Election[s] Code of the
State of California "; and
WHEREAS, on June 9, 2014, the Cypress City Council gave second reading to
Ordinance No. 1146 which amends the zoning for the District Offices Site as follows:
"The subject property located at 9470 Moody Street is hereby re -zoned
from PS -1A Public & Semi - Public to PC Planned Community (PC -14)."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true, correct, and adopted by the City
Council as if set forth in full.
SECTION 2. Pursuant to the requirements of the City Charter of the City of
Cypress, the City Council of the City of Cypress hereby calls for a General Municipal
Election to be held in the City of Cypress, California, on Tuesday, November 4, 2014,
for the purpose of submitting the following proposed ordinance to the voters of the City
of Cypress, to wit:
1
Shall Ordinance No. 1146, approving a zone change
for the Cypress School District Offices Site, located
at 9470 Moody Street, from "PS -1A Public /Semi-
Public" to "PC -14 Planned Community," thereby
allowing for the construction of 29 single family
residential units, be adopted?
Yes
No
SECTION 3. The text of Ordinance No. 1146 to be submitted to the voters is
attached as Exhibit "A" to this Resolution.
SECTION 4. The ballots to be used at the General Municipal Election shall be in
form and content as required by law.
SECTION 5. The City Clerk, acting as the city elections official, 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. Pursuant to California Election Code § 10242, the polls for the
General Municipal Election shall open at seven o'clock a.m. on 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 otherwise provided in California Election
Code § 14401.
SECTION 7. In all particulars not recited in this Resolution, the General
Municipal Election shall be held and conducted in accordance with the provisions of law
regulating municipal and statewide elections.
SECTION 8. Notice of the time and place of holding the General Municipal
Election is hereby given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in the time, form and manner required by law.
SECTION 9. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
d day of Ju e, 2014.
Cypress, California at a regular meeting held on the
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO
F THE CITY OF CYPRESS
I, DENISE BASHAM, 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 23rd day of June, 2014, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
Akit.tAle, Azikay4
CITY CLERK OF THE CITY OF CYPRESS
2
062
063
185
ORDINANCE NO. 1146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADOPTING ZONE CHANGE NO. 2014 -03 AND THE
HARMONY 2015 SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION
OF THE PROPERTY LOCATED AT 9470 MOODY STREET FROM PS -1A
PUBLIC & SEMI - PUBLIC TO PC PLANNED COMMUNITY (PC -14)
WHEREAS, duly noticed public hearings for the consideration of the zone change and
specific plan were held by the City Council of the City of Cypress on the 27th of May 2014; and
WHEREAS, the City Council of the City of Cypress has considered evidence presented
by the applicant, the City staff, and other interested parties at the public hearing held with respect
thereto; and
WHEREAS, the purpose of the Harmony 2015 Specific Plan is to provide the authority for
designating the property located at 9470 Moody Street (the "subject property ") for development
pursuant to a Specific Plan of sufficient specificity as to constitute the zoning requirements,
standards, and criteria for said area; and
WHEREAS, the zone change and Harmony 2015 Specific Plan, as approved, are both
consistent with the General Plan of the City of Cypress.
The CITY COUNCIL of the CITY OF CYPRESS DOES hereby ORDAIN as follows:
SECTION 1: The foregoing recitals are true and correct and incorporated herein.
SECTION 2: The subject property located at 9470 Moody Street is hereby re -zoned from
PS -1A Public & Semi - Public to PC Planned Community (PC -14) and is included within the
boundaries of the Harmony 2015 Specific Plan, a copy of which is on file in the office of the City
Clerk, and by this reference is incorporated herein.
SECTION 3: The official Zoning Map of the City of Cypress is hereby amended to reflect
the change of zone approved herein.
SECTION 4: The City Clerk is hereby authorized and directed to certify as the passage
of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in
three (3) public places throughout the City.
SECTION 5: This ordinance shall not be in force or effect unless the same is
approved by a majority of the voters casting a "yes" vote on a ballot measure, scheduled for
the November 4, 2014 General Election, to rezone the subject property from its current zoning
of PS -1A Public & Semi - Public to PC Planned Community (PC -14) to the zoning designation
set forth herein.
FIRST READING at a regular meeting of the City Council of said City held on the 27th day
of May, 2014, and finally adopted and order posted at a re • lar meeting held on the 9th day of
June, 2014.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
MAYOR F THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 9th
day of June, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Not,a2 ILO
CITY CLERK OF THE CITY OF CYPRESS