Resolution No. 2840110
RESOLUTION NO. 2840
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
OVERRULING THE DETERMINATION BY THE AIRPORT LAND USE
COMMISSION OF THE COUNTY OF ORANGE REGARDING THE
CONSISTENCY OF THE GENERAL PLAN, SPECIFIC PLANS AND
THE IMPLEMENTING REGULATIONS FOR THE CITY OF CYPRESS
WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR ORANGE
COUNTY AND MAKING CERTAIN FINDINGS.
WHEREAS, in June of 1983, the Airport Land Use Commission of Orange
County ("Commission") adopted amendments to the Airport Environs Land Use
Plan for Orange County (the "ALEUP") which covered the portion of the
City of Cypress (the "City") adjacent to the Los Alamitos Armed Forces
Reserve Center; and
WHEREAS, in accordance with Public Utilities Code, Section 21676 (a),
on August 24, 1983, the Commission determined that the City's General Plan,
Specific Plans and implementing regulations were inconsistent with the
applicable provisions of the AELUP establishing height limitations; and
WHEREAS, the City of Cypress General Plan for this area sets forth a
policy of generally limiting tall buildings; and
WHEREAS, the Cypress Specific Plans of this area set forth height limits
subject to the criteria imposed by the Federal Aviation Agency ("FAA"); and
WHEREAS, the City of Cypress Zoning Ordinance specifies a maximum build-
ing height of thirty-five feet for areas not covered by Specific Plans, with
the thirty -five-foot height limit being consistent with the 50:1 FAA approach
clearance surface; and
WHEREAS, it is staff policy to check all building plans for this area
with the 50:1 approach clearance surface map approved specifically for
Cypress by the FAA; and
WHEREAS, the Airport Environs Land Use Plan, June 1983, describes the
...ultimate height of structures...as being...under the "imaginary surfaces"
as defined in FAR Part 77; and
WHEREAS, the City Council has reviewed the City's General Plan, Specific
Plans and implementing regulations as they relate to the height restrictions
set forth in Section 3.2.2 of the AELUP; and
WHEREAS, the City Council has conducted a noticed public hearing regard-
ing its decision to overrule the Commission's determination of inconsistency
with respect to the City's General Plan, Specific Plans and implementing
regulations as they relate to the height restrictions set forth in Section
3.2.2 of the AELUP.
NOW, THEREFORE, the City Council of the City of Cypress does hereby
resolve as follows:
SECTION l: In accordance with Public Utilities Code Section 21676,
the City Council hereby finds and determines that the City's General Plan,
Specific Plans and implementing regulations as they relate to those portions
of the City covered by the AELUP are consistent with the purposes set forth
in Public Utilities Code Section 21670 (a), to wit:
(a) To provide for the orderly growth of each public use airport
in the State of California and the area surrounding such airport in such a
manner, among other things, to promote the overall goals and objectives of
the California Airport Noise Standards adopted pursuant to Public Utilities
Code Section 21699, and prevent the creation of new noise and safety problems;
and
(b) To protect public health, safety, welfare by insuring orderly
expansion of airports and the adoption of land use measures that minimize
the public's exposure to excessive noise and safety hazards within areas
around public airports to the extent such areas are not already devoted to
incompatible uses.
SECTION 2: In accordance with Public Utilities Code Section 21676,
the City Council hereby overrules the determination of the Commission with
respect to the consistency of the City's General Plan, Specific Plans and
implementing regulations as they relate to the height restrictions set forth
in Section 3.2.2 of the AELUP.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cypress on the 9th day of October 1984.
ATTEST:
CITY C K OF THA F' CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55
MA OR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the
said City Council held on the 9th day of October 1984; by the following
roll call:
AYES: 4 COUNCIL MEMBERS: Kanel, Lacayo, Mullen and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
CITY OF CYPRESS
- 2 -
CLERK 0 THE CIT
II/