Loading...
Ordinance No. 790/Measure D - 11/3/1987ORDINANCE NO. 790 CYPRESS GREENBELT PRESERVATION AND OPEN SPACES INITIATIVE ORDINANCE FOR THE CITY OF CYPRESS THE PEOPLE OF THE CITY OF CYPRESS DO ORDAIN AS FOLLOWS: ARTICLE 1 — FINDINGS AND PURPOSE Section 1(A) Findings: A serious threat exists to the quality of life enjoyed by the citizens and tax payers of Cypress. Proposals develop our diminishing irreplaceable greenbelts and open spaces must be constrained for the sake of ourselves and future generations. Unless the voters of Cypress approve otherwise at an election the City Council will not take the necessary action to guarantee that existing greenbelts and open spaces designated as such remain so designated. It is the intent of the People of the City of Cypress to establish control over the quality, distribution, and rate of growth of the City in the interest of: preserving the character of the community; protecting the open space of the city; insuring the adequacy of City facilities, recreation and park facilities and services; insuring the balanced development of the City; mitigating further deterioration in the local air quality; insuring that the traffic demands do not exceed the capacity of streets that are in character with the city; insuring that the City does not grow in a pattern that places a severe strain on the local freeway system; insuring the adequacy of police and fire protection; and insuring adequate water and sanitary sewer systems. This ordinance allows any resident or property owner to seek injunctive and declaratory relief, and reasonable attorney fees if, after notice and demand, the City refuses to follow this ordinance. Section 1(B) Purpose: The purpose of this ordinance is to assure the maintenance of the quality of life in the City of Cypress and to preserve for the citizens and future generations of Cypress that adequate open spaces and greenbelts shall be available for their use and enjoyment. :Section 2: this chapter shall be known as the Cypress Greenbelt Preservation and Open Spaces Ordinance. ARTICLE 2 — GREENBELT /OPEN SPACES Appendix 1 of the Cypress Municipal Code, entitled "Zoning" is amended as follows: Section 19.2 is renumbered as "A." and subsections "A" and "B." are renumbered as "1." and "2." and a new subsection B. is added as follows: B. No 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 or 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. The City Council shall refer any such amendment approved by it to said voters pursuant to the provisions of Section 4017 of the Election Code of the State of Califomia. Further, no amendment of the General Plan of the City of Cypress as set forth in Section 19.3 of Appendix 1 of the Cypress Municipal Code may be undertaken by any body or individual in any manner inconsistent with the terms set forth above as regards the PS (Public and Semi - Public) Zone of the Zoning Map and/or the Zoning Code of the City of Cypress. Any prior amendment of the General Plan undertaken after July 1, 1986, with regard to the PS (Public and Semi - Public) Zone of the Zoning Map and/or Zoning Code of the City of Cypress is hereby revoked. ARTICLE 3 — DEFINITIONS Section 1: "Greenbelt/open spaces" means any land zoned PS (Public and Semi - Public) Zone of the Zoning Code of the City of Cypress as of the effective date of enactment for this ordinance or July 31, 1987. Section 2: "Majority of voters" means those people casting ballots in any special or general election the subject of which is modification of this ordinance. ARTICLE 4 — ENFORCEMENT Section 1: Any resident of Cypress or property owner within the City of Cypress may bring an action in the Superior Court of Orange County to enforce this ordinance, through injunctive and declaratory relief if, after written demand, the city fails or refuses to do so. Written demand shall specify the violation and be personally served on the City Clerk or mailed by certified mail, return receipt requested, to the City Clerk. The City Council shall decide at its next regular meeting after receipt of the demand whether to enforce this ordinance or reject the demand. Failure of the City Council to so act shall be deemed a rejection. In the event the City Council decides to enforce this ordinance as provided herein, but fails to so act within ten (10) days, such failure to act shall be deemed a rejection. (A) If, after the City Council rejects the demand or fails to enforce this ordinance, and the resident or property owner brings suit and prevails, the city shall pay that resident's or property owner's reasonable attorney fees and costs as determined by the court. ARTICLE 5 — PRESERVATION CLAUSE Section 1: 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 2: To the extent that this ordinance conflicts with any existing city ordinances, this ordinance shall prevail. RATIFIED BY THE VOTE OF THE PEOPLE AT A SPECIAL MUNICIPAL ELECTION HELD ON THE 3rd DAY OF NOVEMBER 1987.