33-Acre Project Frequently Asked Questions

Background & Zone Change Questions

1. What is the project description?
2. What is the current zoning on the property and what type of developments are allowed?
3. Who currently owns the property?
4. What are the two ways to rezone a property?
5. How is the zone change different for this property and why did it require a vote of the people to change the zoning instead of going through City Council?
6. When was Measure "D" passed by the people?
7. What was the process of Measure "L" to change the zoning for the property by a vote of the people?
8. Did the City pay for the initiative process for Measure "L"?
9. Could the City Council have prevented the initiative from going to the ballot?
10. Was Measure "L" endorsed by the Cypress City Council?
11. What were the voting results for Measure "L"?

Environmental Review Questions

12. How did the process move forward after Measure "L" was approved?
13. What is the California Environmental Quality Act (CEQA) and how does it apply to this project?
14. What is City Council's role in CEQA?
15. Is the City Council requiring the highest level of environmental review for the project?
16. What is the required notification for CEQA projects within the City?
17. Can I get on an e-mail list for the subsequent notifications/meetings for this project?
18. What type of environmental impacts will be studied/analyzed within the Environmental Impact Report (EIR)?
19. Where can I find more details about the CEQA process?
20. How long will it take for the Environmental Impact Report (EIR) to be completed and when will the draft be available for public comment?
21. Will I be able to comment on the Draft Environmental Impact Report?
22. What actions does the City Council have to take regarding the project?
23. When will public testimony be heard by the City Council regarding the Environmental Impact Report and the project?
24. Is the previous property owner or Developer paying for the costs associated with the project?
25. Where can I go to get more information regarding the project?
26. Why is City staff not yet able to answer questions regarding the potential environmental impacts of the project?

General Project Questions

27. Why isn't a senior living facility being proposed for the project site, as many have stated that they were told during the Measure "L" process?
28. Why can't the developer just build a park or preserve open space on the property?
29. Since the proposed project includes the potential for warehouse and distribution uses, what is allowed under those land use designations and what are current examples of warehouse and distribution facilities currently existing in the area?
30. Is the City marketing the Prologis site on its website?
31. Which areas of Cypress currently allow warehouse and or distribution uses?
32. Where can I obtain a copy of the information Councilmember Bailey presented at the May 13, 2013 City Council meeting?
33. Is there a legal conflict of interest for members of the City Council to vote on matters where they received contributions to their election campaigns?
34. At the October 14, 2013 City Council Meeting a statement was made that the entitlement applications for Prologis were returned.
35. Who owns the property?
36. What does this mean for the future development of the site?

37. What are the allowable land uses for future development at the site?

Background & Zone Change Questions

1. What is the project description?  The proposed project consists of the construction of three buildings totaling approximately 725,000 square feet in area. The buildings are located on a 33 acre site and are designed to accommodate a mix of warehouse, distribution, light manufacturing and office uses.
2. What is the current zoning on the property and what type of developments are allowed?  The current zoning of the property is PBP Planned Business Park and is located in the "Mixed Use Commercial/Senior Housing" Planning Area of the Amended and Restated Cypress Business and Professional Center Specific Plan area. The types of uses allowed on the property include approximately 68 different commercial, retail and service related uses, senior housing, professional office, warehouse and wholesale distribution uses.
3. Who currently owns the property?  The property was purchased by Prologis, L.P. in December 2012 from the former property owner Cypress GC, LLC.
4. What are the two ways to rezone a property?  The zoning of a property can be modified by either a vote of the citizens within the local jurisdiction, or by the governing body of that jurisdiction. The change in zoning for the subject site was approved by a majority vote of Cypress citizens at the June 2012 election.
5. How is the zone change different for this property and why did it require a vote of the people to change the zoning instead of going through City Council?  The change in zoning designation for the subject site was accomplished through a voter-initiated ballot measure sponsored by the former owner of the property, Cypress GC, LLC. Due to the previous zoning designation of the property (PS-Public and Semi-Public) a vote of Cypress residents was required to change the zoning of the property. This requirement was due to the passage of Measure "D" which required that any change in the zoning of PS Zoned properties be passed by Cypress voters.
6. When was Measure "D" passed by the people?  Measure "D" was passed by Cypress voters in 1987. This measure required a vote of the people to rezone any property that was zoned for public uses and contained a zoning designation of PS Public and Semi-Public.
7. What was the process of Measure "L" to change the zoning for the property by a vote of the people?  Because Measure "L" was a voter-initiated ballot measure, the sponsor of the initiative was required to obtain signatures from 30% of Cypress voters in order to qualify the measure for the ballot. After receiving the required number of valid voter signatures, the measure was placed on the June 2012 ballot. The ballot measure was then passed by Cypress voters during the June 2012 election.
8. Did the City pay for the initiative process for Measure "L"?  No, all costs associated with the initiative process were paid by the sponsor of the initiative, Cypress GC, LLC (former owner of the Cypress Golf Course).
9. Could the City Council have prevented the initiative from going to the ballot?  No, the City does not have the legal authority to stop or prevent a qualified initiative from being placed on the ballot. As long as the required number of valid signatures are obtained by the sponsor of the initiative, an initiative can be placed on the ballot.
10. Was Measure "L" endorsed by the Cypress City Council?  No, the City Council did not take a formal position on the ballot measure. The City Council chose to allow voters to review the proposed ballot measure and elect whether to vote for or against the measure without influence by the City Council.
11. What were the voting results for Measure "L"?  The measure passed with 5,071 of the 7,823 votes cast to approve the measure.

Environmental Review Questions

12. How did the process move forward after Measure "L" was approved?  Prior to and during the Measure "L" adoption process, the property owner (Cypress GC, LLC) informed the City that they were working with a developer to develop the property with a senior continuing care project. After the approval of Measure "L", the property owner informed the City that negotiations with the senior housing developer were not successful and that they would be entertaining alternative development scenarios for the site.
13. What is the California Environmental Quality Act (CEQA) and how does it apply to this project?  The California Environmental Quality Act (CEQA) is a State statute passed in 1970 which requires state and local agencies to conduct an environmental analysis and identify any potentially significant environmental impacts of a project. The Act further requires that potential environmental impacts be avoided or mitigated, to the maximum extent feasible. Because the proposed development qualifies as a project under CEQA, an environmental analysis will be prepared for the project. A detailed description of the Environmental Impact Report (EIR) process can be found on the City's website at: http://ci.cypress.ca.us/33acreproject.html or at: http://ceres.ca.gov/ceqa/index.html.
14. What is City Council's role in CEQA?  Once the environmental analysis has been completed, it is the role of the City Council to review the analysis and in the case of an EIR, either certify the EIR or make a reasonable argument as to why the EIR should not be certified.
15. Is the City Council requiring the highest level of environmental review for the project?  Yes, the highest level of environmental review required under CEQA is an Environmental Impact Report (EIR). The City of Cypress is in the process of preparing an EIR for the project and anticipates completion of the Final EIR in late summer 2013.
16. What is the required notification for CEQA projects within the City?  The City is required to notify all property owners within 300 feet of a proposed project. For this project, the City notified all property owners within 500 feet of the boundary of the project site and also in accordance with the 1990 traffic settlement agreement notified all property owners in the Carrier Row and New Dutch Haven residential neighborhoods in the City of Los Alamitos. In addition, the City published the Notice of Preparation for the EIR in the local newspaper and posted a copy of the Notice of Preparation for the EIR and the Initial Study for the project on the City's website.
17. Can I get on an e-mail list for the subsequent notifications/meetings for this project?  Yes, you can simply submit an e-mail request at: 33acreproject@ci.cypress.ca.us or contact the City at (714) 229-6720 and request to be placed on the 33 Acre project e-mail list.
18. What type of environmental impacts will be studied/analyzed within the Environmental Impact Report (EIR)?  The EIR will evaluate the areas of Aesthetics, Air Quality, Biological Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use & Planning, Noise, Public Services, Transportation/Traffic, and Utilities & Service Systems.
19. Where can I find more details about the CEQA process?  You can visit the City's website at: http://ci.cypress.ca.us/33acreproject.html and view the PowerPoint presentation which provides an overview of the EIR process. Another alternative is to visit: http://ceres.ca.gov/ceqa/index.html and view the Frequently Asked Questions or the 2012 CEQA Statutes and Guidelines.
20. How long will it take for the Environmental Impact Report (EIR) to be completed and when will the draft be available for public comment?  The Draft EIR is anticipated to be completed by early July and will be posted on the City's website once it becomes available for public review. The public will have 45 days to review the Draft EIR from the date that it becomes available. The Final EIR is anticipated to be completed in late summer 2013.
21. Will I be able to comment on the Draft Environmental Impact Report?  Yes, once the Draft EIR becomes available, you will have 45 days to review the document during which time you can provide comments via e-mail or in writing to the City of Cypress. Information regarding the comment process will be provided on the City's website during the review period.
22. What actions does the City Council have to take regarding the project?  Once the Final EIR is complete, it will be presented along with the development applications to the Cypress City Council for consideration. The City Council is required to either certify the EIR or make a reasonable argument as to why the EIR should not be certified. Irrespective of whether the City Council certifies or does not certify the EIR, it is required to consider and act on the development applications submitted for the project.
23. When will public testimony be heard by the City Council regarding the Environmental Impact Report and the project?  Public testimony and input will be accepted by the City Council during the public hearing for the project which will be at the completion of the EIR process (anticipated late summer 2013).
24. Is the previous property owner or Developer paying for the costs associated with the project?  Both the previous property owner (Cypress GC, LLC) and the developer (Prologis) are paying for all project related costs for the project, including the preparation of the EIR, attorney’s fees, and the processing of development applications for the project.
25. Where can I go to get more information regarding the project?  The City of Cypress website contains up-to-date information regarding the project as well as the status of the EIR. Please visit: http://ci.cypress.ca.us/33acreproject.html for the latest project information. You can also contact City Planning Division staff via e-mail or by phone at (714) 229-6720.
26. Why is City staff not yet able to answer questions regarding the potential environmental impacts of the project?  City staff is not able to speculate on the potential environmental impacts of a project until such time as all of the technical studies have been completed and fully analyzed. Upon completion of the technical studies, the results of those studies will be compiled into a comprehensive analysis of the project and provided for public review and comment as part of the Draft EIR.

General Project Questions

27. Why isn't a senior living facility being proposed for the project site, as many have stated that they were told during the Measure "L" process?  The previous property owner (Cypress GC, LLC) informed the City that during the preparation of the Measure "L" initiative process they were in discussions with a developer of a senior continuing care facility. However, during the Initiative approval process the property owner advised the City that they were unable to agree on terms with the senior housing developer and negotiations were ended. After terminating the negotiations, the property owner received interest from several developers of industrial properties and discussions were initiated with the proposed developer and current property owner, Prologis, LP.
28. Why can't the developer just build a park or preserve open space on the property?  The property is currently privately held and has a land value in the range of one million dollars per acre. The developer has indicated that due to the high land value and desirable location of the property, it is not economically feasible to develop the property for park or open space purposes.
29. Since the proposed project includes the potential for warehouse and distribution uses, what is allowed under those land use designations and what are current examples of warehouse and distribution facilities currently existing in the area?  Warehouse and distribution uses generally consist of the storage or preparation of various types of products, ranging from clothing, carpeting, electronics, toys, etc., which are stored or processed for distribution to retail outlets or private residential areas. Examples of these types of uses which are currently located in the City of Cypress include: Shaw Carpet, Mitsubishi Motors, Yamaha Motors, Empire Clothing, Manhattan Beachwear, and GES/Exhibit Group Giltspur. Examples of these types of uses currently located in the City of Los Alamitos include: Systems Services of America and Alliance Space Systems.
30. Is the City marketing the Prologis site on its website? No, the listing on the Redevelopment and Economic Development page of the City's website is a link to a website provided by AIR Commercial Real Estate Association, (AIR) a national organization of industrial and commercial real estate brokers. As a private property owner, Prologis can choose to post information about their proposed development with AIR. The decision by Prologis to post this information through AIR should not be misrepresented as an endorsement or approval of the project by the City Council.
31. Which areas of Cypress currently allow warehouse and or distribution uses? Click here to see map.
32. Where can I obtain a copy of the information Councilmember Bailey presented at the May 13, 2013 City Council meeting? Click here to view the presentation presented by Councilmember Bailey.
33. Is there a legal conflict of interest for members of the City Council to vote on matters where they received contributions to their election campaigns? No. Under the California Political Reform Act (the "Act"), elected officials are prohibited from participating in decisions in which they have a financial interest. (Cal. Gov. Code Section 81000 et seq.) However, the Act expressly excludes from the definition of financial interest the receipt of campaign contributions. (Cal. Gov. Code Section 87103(c).) Moreover, "income" required to be reported under the Act does not include campaign contributions. (Cal. Gov. Code Section 82030(b)(1).)
The courts have ruled that it is not improper for members of a city council to vote on the proposed projects of developers who have given campaign contributions to committees controlled by those councilmembers. The courts have recognized that the financial interest and income definitions in the Act expressly exclude campaign contributions. Equally important, the courts have ruled that to disqualify a city councilmember from acting on a development proposal because the developer made a campaign contribution to that member would threaten constitutionally protected political speech and associational freedoms of the councilmember and contributors to the election campaign of councilmembers.
34. At the October 14, 2013 City Council Meeting a statement was made that the entitlement applications for Prologis were returned Yes, the applications were returned once Prologis informed staff that they would no longer be pursuing the original warehouse development of the site.
35. Who owns the property? It is the understanding of staff that Prologis owns the property. However, Prologis has informed staff that they intend to have the property revert back to the original seller (10/15/13).
36. What does this mean for the future development of the site? Any future development of the site by a current or subsequent property owner will require submittal of new applications, a new environmental process with required notifications, and a new reimbursement agreement with the City and any prospective developer.
37. What are the allowable land uses for future development at the site?
Land uses are controlled by the adopted specific plan within Measure L. There are two planning areas that cover the land; Planning Area 9 and Planning Area 6. Within each planning area, specific uses are identified as either a permitted use or allowable by a conditional use permit. Planning Area 9 allows uses identified in section VI G (Mixed Use Commercial - Page VI-10) and section VI H (Senior Housing - Page VI-13). Planning Area 6 allows uses identified in section VI D (Professional Office Use -Page VI-6) and section VI E (Hotel and Support Commercial - Page VI-7). Both planning areas also allow any use within VI B (Race Track and Former Golf Course - Page VI-1).
Land Use Planning Areas
The land uses from the Specific Plan are also provided below.

Mixed Use Commercial - Permitted Uses

All permitted uses described in Section VLB.2 herein; Motor vehicle storage facilities; Commercial, trade or vocational schools; Public utility service offices; Satellite dishes/antenna (less than 3 feet/2 meters in diameter); Telegraph offices; Wireless communication facilities; Studios -art, dance, karate, music, photography, etc.; Motor vehicle leasing/rental (office only; no vehicles onsite); Motor vehicle parts and supplies; Motor vehicle window tinting; Accessory retail uses; Appliance stores (large appliance sales and service); Department stores; Florist shops; Furniture/furnishings, rentals, sales and service stores; Garden centers or plant nurseries; Hardware stores; Interior decorating or drapery shops; Janitorial sales or service; Office equipment/supply stores; Pharmacies/drug stores; Pools and spas, sales, service and supplies; Restaurants, sit-down; Retail stores, general merchandise; Sporting goods stores, no firearms; Acupuncture clinics; Automated teller machines (ATMs); Banks and financial institutions; Barber or beauty shops; Business support services; Dry cleaning service, drop-off only; Financial services; Laundromats, self-service; Medical/dental offices, clinics or services; Mortuaries; Offices, administrative or executive; Offices, professional or government; Personal services, general; Photocopy/desktop facilities; Photography studios/supply shops; Repair/maintenance, consumer products; Sign shops (no spray booths); Tanning studios; Taxidermists; Travel agencies; Upholstery shops; Veterinarian services and small animal hospitals; Temporary uses/activities; Governmental facilities; Accessory structures and uses located on the same site as a permitted use, and Any other use that the Director of Community Development finds is consistent with the purpose and intent of this Section, and similar to the listed permitted uses and compatible with these uses, subject to appeal to the City Council.

Mixed Use Commercial - Conditional Use Permit

All conditionally permitted uses described in Section VI.B.3 herein; Alternative fuels and recharging facilities; Clubs or lodges; Commercial Trade Schools; Educational institutions, private or public; Health/fitness centers; Indoor amusement/arcade, cyber café, entertainment/recreation centers; Nightclubs, with or without food service, bar; Outdoor amusement/entertainment/recreation centers; Theaters, auditoriums, and meeting halls; Theaters, movie; Motorcycle, sales and service; Motor vehicle sales (new and/or used), with or without service facilities; Motor vehicle washing/polishing; Service stations; Towing services; Truck and/or trailer rentals, sales, and/or service facilities; Post offices; Bars/liquor establishments (onsite consumption only); Building material stores/yards; Dairy products stores, drive-in/through; Liquor stores (offsite consumption only); Mini-markets; Outdoor retails and supplies; Playland, associated with a restaurant; Restaurants, fast food, with or without drive-through service, or with outdoor seating; Restaurants with alcohol sales; Shopping centers; Sporting goods stores, with firearms; Warehouse retail stores; Warehousing, wholesaling and distribution facilities, including point of sale; Day care centers; Catering services; Dry cleaning plants; Hotels or motels; Medical services, laboratories; Printing and publishing; Recycling facilities - reverse vending machines; Storage (mini, personal, and self-storage); Public utility substations, reservoirs, or pumping plants, not including offices, and Any other use that the Director of Community Development finds is consistent with the purpose and intent of this Section, and similar to the listed conditionally permitted uses and compatible with these uses, subject to appeal to the City Council.

Senior Housing - Permitted Uses

Senior housing; Condominiums/townhouses (senior housing only); Multi-family dwelling units (senior housing only); Assisted living facilities; Convalescent/rest homes; Accessory structures; Home occupations; Model home/subdivision sales offices (senior housing only); Private yard/garage sales; Temporary uses/activities; Second-story balcony; Single-family dwelling units (senior housing only); Caretaker/employee housing, and Any other use that the Director of Community Development finds is consistent with the purpose and intent of this Section, and similar to the listed permitted uses and compatible with these uses, subject to the appeal to the City Council.

Senior Housing Definition

For purposes of this Section VI, "senior housing"shall mean independent living units or other independent housing for persons 55 years of age or older and may include common dining areas and other community facilities.

Professional Office - Permitted Uses

Administrative and Executive offices; Artist and photographic studios, excluding the sale of supplies and equipment; Clerical and professional offices; Financial institutions; Medical, dental and related health services for humans, including laboratories and clinics; only the sale of articles clearly incidental to the services provided shall be permitted; Regional insurance offices; Engineers, architects, planners; Corporate headquarters; Escrow and real estate companies; Advertising agencies; Governmental facilities; Employment agencies; Printing, duplicating and secretarial facilities; Prescription pharmacies, when located within a building also containing the offices of 5 or more medical practitioners; Public utility service offices; Banks, brokerage firms, mortgage companies; Travel agencies; and Accessory structures and uses located on the same site as a permitted use.

Professional Office - Conditional Use Permit

Commercial, trade or vocational schools; Printing, lithography; Restaurants; Service stations; Post offices and post terminals; Public utility pumping stations, electric generating stations and substations, equipment buildings and installations; Public utility service yards; and Other similar uses which the Planning Director finds to be consistent with the purpose and intent of this chapter, are similar to the listed permitted uses and which would be compatible with these uses, subject to review or appeal to the City Council.

Hotel and Commercial Support - Permitted Uses

Apparel shops*; Barber and beauty shops*; Conference facilities*; Drug stores and pharmacies*; Gift shops and stores*; Banks; Travel agency; Car rental agency (no car storage on site)*

*Integrated into the hotel facility.


Hotel and Commercial Support - Conditional Use Permit

Restaurants; Cafes; Cocktail Lounges; Health Studios, Spas, Clubs; Hotels/Motels, and Other similar uses which the Planning Director finds to be consistent with the purpose and intent of this section, are similar to the listed permitted uses and which would be compatible with these uses, subject to review or appeal to the City Council.