The lefty was practically frothing at the mouth about this issue, which I found absolutely amazing. He was saying "increasing sales tax revenue is NOT a public purpose by any stretch of the imagination."
The property was not zoned for retail only before Cottonwood purchased the property, as I had assumed. The Redevelopment Plan was changed with the addition of the Cypress Town Center Master Plan in 2000. This was after Cottonwood had begun efforts to develop their property under the previous zoning of a "Business Park". That zoning allowed churches subject to a CUP (which could also limit certain aspects of the building). I don't think Cottonwood was given a go ahead for a 17+ acre project. They may have been led to believe that it was possible, though.
From Cottonwoods Lawsuit-
On or about January 9, 1995, the City Council adopted Ordinance No. 952 which amended the Redevelopment Plan to conform to the requirements of Assembly Bill 1290 as codified in Health & Safety Code section 33333.6 ("First Amendment"). 24. The Redevelopment Plan designates the planning for the Cottonwood Property as Business Park. Permitted uses under such a designation include: "public, semi-public land uses such as colleges and universities, churches, church schools, religious facilities." Retail as a primary use is not permitted use for the Cottonwood Property.
CYPRESS TOWN CENTER MASTER PLAN PROJECT
25. In or about October 2000, Defendants informed Cottonwood and others that Defendants had directed staff to proceed with the development of a Town Center Master Plan within the geographical limits of the Redevelopment Plan. The proposed area for the Town Center Master Plan included the Cottonwood Property.
Defendants announced in a letter to Cottonwood dated October 17, 2000, that the Town Center Master Plan "will need to incorporate a tenant mix, with two or three larger anchor retailers/entertainment uses to create the necessary synergy to draw a cross-mix of consumers to shop the project along with drawing the additional quality retailers to augment the anchor tenant mix... while the exact tenant mix will be dependent upon specific marketing efforts, it is anticipated that the components of the Town Center could include the following types and scales of uses:
"Major anchor of approximately 130,000- 160,000 square feet — discount warehouse-type user, which generates over $150 million in annual taxable sales . . ."
THE SECOND AMENDMENT OF THE REDEVELOPMENT PLAN
26. On March 26, 2001 the City and the Agency held a joint public hearing concerning their proposed Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project ("Second Amendment"), which would amend the Redevelopment Plan. The Second Amendment proposed to extend the Agency's eminent domain authority under the Redevelopment Plan for twelve years, amended the Land Use section of the Redevelopment Plan to provide that land uses within the Redevelopment Project Area shall be as set forth in the City's General Plan and applicable zoning ordinances, all as then existing or thereafter as amended from time to time, and made other textual changes to the Redevelopment Plan.
27. In a letter dated March 26, 2001 to Defendants from Sheppard, Mullin, Richter & Hampton LLP ("SMRH"), Cottonwood objected to the proposed Second Amendment for being premature ...