Ordinance No. 966152
ORDINANCE NO. 966
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, EXTENDING A MORATORIUM OF THE ACCEPTANCE AND
PROCESSING OF CONDITIONAL USE PERMITS AND BUILDING
PERMITS FOR AUTO - RELATED USES IN THE LINCOLN AVENUE
SPECIFIC PLAN STUDY AREA
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1: The term of Ordinance No. 961 declaring a moratorium on the acceptance and
processing of Conditional Use Permits and Building Permits for auto - related uses within the
Lincoln Avenue Specific Plan Study Area shall be extended for a period of ten (10) months and
fifteen (15) days pursuant to the provisions of Government Code Section 65858.
SECTION 2: The City Council finds that a public hearing has been properly noticed in
accordance with Government Code Section 65090 and held by City Council prior to enacting this
Ordinance.
SECTION 3: This Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA), Public Resources Code Section 21050 et seq. as an emergency action
designed to protect the public health, safety, and welfare, 14 California Code of Regulations
15269 (c). Government Code Section 65858 (c) requires that the City Council find that an
emergency exists in order to declare a moratorium and consequently, this action is defined as an
emergency action by virtue of Government Code Section 65858 (c). The City Council further
finds that the actions to be taken by the City to resolve the emergency situation necessitating the
moratorium will be subject to CEQA review at the earliest possible date.
SECTION 4: The City Council further finds that the following measures have been taken to
alleviate the conditions which led to the adoption of Ordinance No. 961:
(a) Staff has begun researching grouping auto - related uses, addressing design and
aesthetic issues and limiting the percent of uses devoted to auto - related businesses.
(b) Staff has continued to move ahead with the study and preparation of the Zoning Code
update.
(c) Staff has continued to move ahead with the study and preparation of the Lincoln
Avenue Specific Plan.
SECTION 5: Definition. The following words and phases shall, for the purposes of this
Ordinance, be defined as follows, unless it is clearly apparent from the context that another
meaning is intended:
(a) "Auto- related uses" means any use that is primarily intended for the sale or
service of automobiles including but not limited to: auto repair shops, auto body
shops, new and /or used auto sales, auto parts sales, car washes, gasoline and /or
service stations, tire sales, and lube shops.
SECTION 6: The City Council of the City of Cypress does hereby find, determine and declare
as follows:
(a) That the continued proliferation of auto - related uses within the Lincoln Avenue
Specific Plan Study Area poses a threat to the public health, safety, or welfare due
to the fact that the auto - related uses may undermine the intent of the draft Lincoln
Avenue Specific Plan thereby hindering Redevelopment goals and objectives
including the facilitating of a higher and better utilization of the lands which
contributes to the public health, safety and welfare;
That much of the Lincoln Avenue Specific Plan Study Area consists of small lots,
areas adjacent to residential use, or areas targeted for pedestrian activity. Auto -
related uses may have negative effects on surrounding properties related to
outdoor work, storage and /or excessive on- street parking or spill -over traffic into
residential areas;
(b)
(c) That the noise, glare, leakage of hazardous fluids, excessive exhaust fumes, and
commercial traffic spilling over into residential areas associated with auto - related
uses within the aforementioned area may impair the public health, safety or
welfare;
(d) That the City is in the process of studying the appropriate parking standards for
auto - related uses through the Zoning Code update;
(e) That the City is in the process of studying the appropriate land use and
development guidelines for the Lincoln Avenue Specific Plan Study Area;
That it is necessary, pending the completion of these studies, that a moratorium on
the acceptance and processing of conditional use permits and building permits for
auto - related uses within the Lincoln Avenue Specific Plan Study Area be imposed;
(g) That if such moratorium were not imposed, the continued acceptance and
processing of conditional use permits and building permits for auto - related uses
within the aforementioned area would be undertaken and which could be
inconsistent with the future Zoning Code regulations and Lincoln Avenue Specific
Plan; and
(1)
(h) That the protection of the public health, safety, or welfare necessitates the
immediate adoption of the moratorium referred to herein.
SECTION 7: Notwithstanding any provision of any City Ordinance to the contrary, during
such time as this Ordinance is in full force and effect, no application for Conditional Use Permits
or Building Permits for any new or expanded auto - related uses within the Lincoln Avenue
Specific Plan Study Area (as delineated on the attached map - Exhibit "A ") shall be accepted,
acted upon, or approved by any officer, employee or agent of the City.
Only applications filed by March 24, 1997 shall be exempt from this moratorium.
SECTION 8: This Ordinance is hereby declared to be an urgency measure pursuant to
Government Code Section 65858 and the Ordinance shall take effect immediately upon its
adoption.
SECTION 9: Upon the effective date of this Ordinance, any remaining time on the forty-five
(45) day period of Ordinance No. 961 shall be deemed to have merged into this Ordinance.
SECTION 10: The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted in the manner provided by law.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held
on the 27th day of May , 1997.
ATTEST:
CI
C ERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
MAYOR OF THE CITY OF CYPRESS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the
City of Cypress, held on the 27th day of May 1997, by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS: Jones, Keenan, Piercy and
Carroll
NOES: 1 COUNCIL MEMBERS: Bowman
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS