Ordinance No. 1015108
ORDINANCE NO. 1015
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, EXTENDING BY TWELVE (12) MONTHS
INTERIM ORDINANCE NO. 1006 PROHIBITING THE GRANTING, BY THE
CITY COUNCIL OR COMMUNITY DEVELOPMENT DEPARTMENT, 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 found and determined there was a need to extend Interim Urgency Ordinance
No. 1005 for an additional ten (10) months and fifteen (15) days as authorized by
Government Code § 65858(a); and did so by the adoption of Urgency Ordinance 1006;
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 variance, 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.
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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 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. The 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. 1006, 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.
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(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 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 one
(1) year from and after the date of termination of Urgency Ordinance No. 1006, (October
30, 2002).
ADOPTED as an URGENCY ORDINANCE at a regular meeting of the City
Council of said City held on the 8th day of October, 2001.
ATTEST:
TY CLERK OF T ,fl ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, JILL R. 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 of the City of Cypress held on the 8th day of October, 2001, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Sondhi
(Mayor Pro Tem Sondhi did not participate in this action due to her ownership of
property in proximity to the project area.)
TY CLERK OF Q CITY OF CYPRESS