Ordinance No. 1189 17
ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 6-46(3)(b) OF CHAPTER 6;
AMENDING SECTION 15-61 OF ARTICLE II OF CHAPTER 15;
AMENDING SECTION 21A-12(a)(1) OF CHAPTER 21A; AMENDING
SECTION 5.25.190A OF SECTION 25 OF ARTICLE 5 OF APPENDIX I;
AMENDING SECTION 5.26.020B OF SECTION 26 OF ARTICLE 5 OF
APPENDIX I; AND AMENDING SECTION 5.26.020C OF SECTION 26
OF ARTICLE 5 OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE
RELATING TO LEGAL NOTICE REQUIREMENTS
WHEREAS, the City Council of the City of Cypress adopted Resolution No. 6792 on
June 22, 2020 calling for the holding of a General Municipal Election on Tuesday, November
3, 2020, for the submission of a proposed Charter Amendment later designated as Measure
P; and
WHEREAS, the proposed Charter Amendment included changes to publication
completion requirements, solely pertaining to the municipal affairs of the City, for ordinances,
franchises, public works contracts, and legal notices or other matters to alternatively permit
publication by posting at three or more Council-designated public places and Cypress' online
presence (e.g., website); and
WHEREAS, the Cypress City Council adopted Resolution No. 6825 on December
14, 2020 declaring the result of the General Municipal Election held on November 3, 2020,
declared that a majority of voters voting on Measure P, did vote in favor of it, and that the
measure was approved, and shall be deemed adopted and ratified; and
WHEREAS, the Certificate of Registrar of Voters to Result of the Canvass of the
Presidential General Election Returns certifies that Measure P received 16,050 YES votes
and 7,155 NO votes; and
WHEREAS, certain sections of the Cypress Municipal Code must be amended to be
consistent with the adopted and ratified Charter Amendment; and
WHEREAS, the ordinance is proposing administrative changes to public noticing
procedures and not substantive zoning changes therefore it is consistent with the goals,
policies, and objectives of the General Plan.
WHEREAS, the ordinance is proposing administrative changes to public noticing
procedures and not proposing a zoning map amendment therefore it there will be no adverse
effect on any property within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. That Section 6-46(3)(b) of Chapter 6, "Community Antenna Television
Systems", of the Cypress Municipal Code is amended as follows:
(b) After completing the procedures set forth in subsection (2) above, the grantor
shall cause to be served on grantee written notice of grantor's intent to revoke
grantee's franchise. Such notice shall be served on grantee at least thirty (30) days
prior to the date of the hearing on the issue. The notice shall contain the time and
place of the hearing. The notice shall be published pursuant to Section 420 of the
Cypress City Charter.
SECTION 3. That Section 15-61 of Article II of Chapter 15, "Licenses and Permits",
of the Cypress Municipal Code is amended as follows:
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The city council shall hold a public hearing prior to taking action upon an application
for a special permit for a pawnbroker pursuant to this article. The city clerk shall cause
to be published a notice of public hearing at least one (1) time prior to such public
hearing within fifteen (15) days following the filing of the application and not less than
ten (10) days prior to such public hearing pursuant to Section 420 of the Cypress City
Charter. In cases where the business is to be conducted upon or managed from a
stationary place or places within the city, the city clerk shall give notice by mail to all
property owners within three hundred (300) feet of the described place or places, as
shown upon the last equalized assessment roll or as reported to the city clerk's office
by written notice, mailed not less than five (5) days prior to such public hearing. The
city clerk shall also cause a suitable public notice to be posted at such site or sites
not less than ten (10) days prior to such public hearing.
Applications for a special permit for secondhand dealers ONLY (as defined by
section 15D-1(b) of this code) shall be acted upon by the staff review committee and
shall not be subject to the above public hearing requirement.
SECTION 4. That Section 21A-12(a)(1) of Chapter 21A, "Purchasing System", of
the Cypress Municipal Code is amended as follows:
(1) Published notices. Notices inviting bids shall be published at least ten (10)
days before the date of opening the bids. Notices shall be published pursuant to
Section 420 of the Cypress City Charter.
SECTION 5. That Section 5.25.190A of Section 25 of Article 5 of Appendix I,
"Zoning", of the Cypress Municipal Code is amended as follows:
A. Noticing by director. Upon determination by the director that the provisions in
this section apply to a given parcel of land, the director shall send a notice regarding
the parcel by a method guaranteeing certification of delivery to the owner of the
parcel, as shown on the county's latest equalized assessment roll. The director shall
post the property with a similar notice and shall publish the notice at least once
pursuant to Section 420 of the Cypress City Charter. Should the certified notice be
returned to the city for any reason, the city shall cause a copy of the same to be
mailed by regular first-class mail, with postage thereon fully paid, to the property
owner shown on the county's latest equalized assessment roll.
SECTION 6. That Section 5.26.020B of Section 26 of Article 5 of Appendix I,
"Zoning", of the Cypress Municipal Code is amended as follows:
B. Method of notice distribution. Notice of a public hearing required by this section
for an amendment, appeal, or entitlement shall be given as follows:
(1) Posting. Except as provided in Section 5.26.020(6)(3) below, notice shall
be posted at least ten (10) days before the hearing, in at least three (3)
public places in the city as designated by the City Council and posted on
the City's website; and
(2) Mailing.
a. Notice shall be mailed, or delivered, at least ten (10) days before the
hearing, through the United States mail with postage prepaid, to:
(1) The owner(s) of the property being considered or the owner's
agent, and the applicant(s);
(2) Each local agency expected to provide schools, water, or other
essential facilities or services to the project, whose ability to provide
the facilities and services may be significantly affected;
(3) All owners of real property as shown on the county's latest
equalized assessment roll within a five-hundred-foot radius of the
subject parcel; and
(4) Any person who has filed a written request for notice with the
department.
b. The five-hundred-foot radius shall be measured from the exterior
boundaries of the subject parcel to the exterior boundaries of the
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neighboring parcels, without reference to structures existing on either
parcel(s).
(3) Publishing — General Plan Amendments. Proposed General Plan
Amendments shall be published at least once in a local newspaper of
general circulation within the city at least ten (10) days before the hearing
pursuant to Government Code Section 65090.
SECTION 7. That Section 5.26.020C of Section 26 of Article 5 of Appendix I,
"Zoning", of the Cypress Municipal Code is amended as follows:
C. Additional notice. In addition to the types of notice required by subsection B.,
above, the director may require additional notice with content or using a distribution
method as the director determines is necessary or desirable (e.g., use of a greater
radius for notice, on the internet, applicant hosted community meeting, etc.).
SECTION 8. The City Council of the City of Cypress determines that this Ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to the California
Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) because it only amends
noticing requirements as described above and, therefore, has no potential for resulting in a
physical change to the environment, directly or indirectly.
SECTION 9. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 10. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published in the manner required by law. This
Ordinance shall become effective thirty (30) days from and after its passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 23rd day of August, 2021.
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OR OF THE CITY OF CYPRESS
ATTEST:
ti i I ,
CITY'LER OF THE- CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the
23rd day of August, 2021, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY ERK OF TH CITY OF CYPRESS