Ordinance No. 100679
URGENCY ORDINANCE NO. 1006
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, EXTENDING BY TEN (10) MONTHS AND
FIFTEEN (15) DAYS INTERIM ORDINANCE NO. 1005 PROHIBITING THE
GRANTING, BY THE CITY COUNCIL OR COMMUNITY DEVELOPMENT
DEPARMENT, OF LAND USE DEVELOPMENT ENTITLEMENTS, ZONING
VARIANCES, GENERAL PLAN AMENDMENTS, SPECIFIC PLAN
AMENDMENTS, OR OTHER DISCRETIONARY LAND USE PERMITS
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE LOS ALAMITOS RACE
TRACK AND GOLF COURSE REDEVELOPMENT PROJECT, PENDING
COMPLETION OF STUDIES, GENERAL PLAN AMENDMENTS, SPECIFIC
PLAN AMENDMENTS, PROJECT AREA AMENDMENTS, OR RELATED
PLANNING OR ZONING ORDINANCES (OR AMENDMENTS THERETO)
FOR A CYPRESS TOWN CENTER
WHEREAS, on October 30, 2000, the Cypress City Council adopted Interim Urgency
Ordinance No. 1005 prohibiting the granting of certain entitlement(s) and/or land use permit(s),
all as is set forth in more detail therein, and incorporated herein by this reference as if set forth in
full; and
WHEREAS, the City Council, acting through its planning staff, has issued the written
report required by Government Code § 65858(d) describing the measures taken to alleviate the
condition(s) which lead up to the adoption of Interim Urgency Ordinance No. 1005, which report
is also incorporated herein by this reference as if set forth in full; and
WHEREAS, pending completion of the tasks identified in such report, the City Council
finds and determines there is a need to extend Interim Urgency Ordinance No. 1005 for an
addition ten (10) months and fifteen (15) days as authorized by Government Code § 65858(a);
and
WHEREAS, the Cypress City Charter §§ 415 and 419, and Government Code §§ 65858,
36934 and 36937 expressly authorize the City Council to adopt an urgency ordinance prohibiting
any uses which may be in conflict with contemplated general plan, specific plan, or zoning
which the legislative body of the City or the Community Development Department is
considering or studying or intends to study within a reasonable period of time.
NOW, THEREFORE, the City Council of the City of Cypress, California, does hereby
ordain as follows:
Section 1. Continuing from and after the effective date of this urgency ordinance, neither
the City Council nor the Community Development Department shall approve any discretionary
land use development entitlements, zoning variances, general plan amendments, specific plan
amendments, or other discretionary land use permits within the geographic boundaries of the Los
Alamitos Race Track and Golf Course Redevelopment Project, pending completion of studies,
general plan amendments, specific plan amendments, project area amendments, or related
planning or zoning ordinances (or amendments thereto) for establishment of a town center all
within the geographic area whose boundaries are identified on Exhibit "A" attached hereto, and
incorporated herein by this reference as if set forth in full.
Section 2. This interim prohibition shall not apply to internal staff processing of any
application for a map or other entitlement which is governed by the Subdivision Map Act, and
which is within the geographic boundaries of the Los Alamitos Race Track and Golf Course
Redevelopment Project, whose boundaries are identified on Exhibit "A" attached hereto, and
incorporated herein by this reference as if set forth in full, to the extent and in the manner
required by Building Industry Legal Defense Foundation v. Superior Court (1999) 72
Cal.App.4th 1410.
Section 3. This interim prohibition shall also not apply to any application for
discretionary land use development entitlements, zoning variances, general plan amendments,
specific plan amendments, or other discretionary land permits where such application has, prior
to October 30, 2000, been deemed complete by City staff or where City staff has, prior to
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October 30, 2000, scheduled such completed application for consideration by the applicable
legislative body of either the City of Cypress or the Cypress Redevelopment Agency for public
hearing and possible action.
Section 4. This Urgency Ordinance is enacted pursuant to the authority conferred upon
the City Council of the City of Cypress by the Cypress Charter §§ 415 and 419, and by
Government Code §§ 65858, 36934, and 36937, and shall be in full force and effect immediately
upon its adoption by a four -fifths (4/5) vote of the City Council as if and to the same extent that
such ordinance had been adopted pursuant to each of the individual sections set forth
hereinabove.
Section 5. In adopting this urgency ordinance extending Interim Urgency Ordinance No.
1005, the City Council finds and determines that each of the recitals to this ordinance are true
and correct, and that the adoption of this interim urgency ordinance is necessary to protect the
public safety, health, and welfare, as those terms are defined in Government Code § 65858(a), in
at least the following respects:
(a) Were the City Council or the Community Development Department to grant
discretionary land use approvals or permits, general plan amendments, zoning variances,
zoning amendments, specific plan amendments, or the like during the pendency of the
studies necessary to develop a Cypress Town Center Master Plan, such approvals could
undermine the orderly development of the property within the Los Alamitos Race Track
and Golf Course Redevelopment Project, resulting in reducing the quality, caliber, 'and
aesthetics of the development of such property; and
(b) Were the City Council or the Community Development Department to grant
discretionary land use approvals or permits, general plan amendments, zoning variances,
zoning amendments, specific plan amendments, or the like during the pendency of the
studies necessary to develop a Cypress Town Center Master Plan, such approvals could
undermine the orderly development of property within the Los Alamitos Race Track and
Golf Course Redevelopment Project, resulting in the exposure of the City of Cypress
and/or the Cypress Redevelopment Agency to litigation from adjacent or contiguous
property owners and/or resident citizens or businesses challenging the current planning
and zoning requirements within this project area as inconsistent, and/or not conforming to
the requirements of law such that the City and/or Redevelopment Agency are prohibited
from granting permits, entitlements, general plan amendments, zoning variances, specific
plan amendments, and the like; and
(c) Were the City Council or the Community Development Department to grant
discretionary land use approvals or permits, general plan amendments, zoning variances,
zoning amendments, specific plan amendments, or the like during the pendency of the
studies necessary to develop a Cypress Town Center Master Plan, such approvals could
undermine the orderly development of property within the Los Alamitos Race Track and
Golf Course Redevelopment Project, resulting in the inability of the City Council and/or
Redevelopment Agency to grant discretionary approvals because of an overriding
requirement to obtain voter approval of the same; and
(d) Were the City Council or the Community Development Department to grant
discretionary land use approvals or permits, general plan amendments, zoning variances,
zoning amendments, specific plan amendments, or the like during the pendency of the
studies necessary to develop a Cypress Town Center Master Plan, such approvals could
undermine the orderly development of property within the Los Alamitos Race Track and
Golf Course Redevelopment Project, resulting in the inability of the City of Cypress to
assure that property within the project area is developed to its highest and best use as
allowed by law.
(e) Were the City Council or the Community Development Department to grant
discretionary land use approvals or permits, general plan amendments, zoning variances,
zoning amendments, specific plan amendments, or the like during the pendency of the
studies necessary to develop a Cypress Town Center Master Plan, such approvals could
undermine the orderly development of the property within the Los Alamitos Race Track
and Golf Course Redevelopment Project, resulting in the inability to comply with the
Cypress Business and Professional Center Specific Plan to assure "[t]he creation of a
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high quality business park development that will significantly enhance employment and
revenue base of the City [of Cypress]," or the inability "[t]o achieve the best possible
land use for the Specific Plan area with emphasis on employment generation, economic
growth, and generation of revenues to the City, while retaining the golf course and race
track uses on- site."
Section 6. This Urgency Ordinance shall be of no further force or effect ten (10) months
and fifteen (15) days from and after the date of its adoption, unless the same is extended pursuant
to the authority conferred upon the City Council by Government Code § 65858(a).
ADOPTED as an URGENCY ORDINANCE at a special meeting of the City Council of
said City held on the 27th day of November, 2000.
MAYOR OF THE CITY OF CYP
ATTEST:
TY CLE
OF
E CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) ss
I, JILL INGRAM - GUERTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY THAT THE FOREGOING Ordinance was duly adopted at a regular meeting of the
said City Council held on the 27th day of November, 2000, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, McGill, and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Sondhi
(Due to a potential conflict under the Political Reform Act, Council Member Sondhi did
not participate in the consideration or action on this Ordinance).
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TY CL RK OFF E CITY OF CYPRESS
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