Ordinance No. 1150198
ORDINANCE NO. 1150
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS, CALIFORNIA, PROHIBITING THE PERMITTING OF RESIDENTIAL
USES IN ANY COMMERCIAL ZONES WITHIN THE
CITY AS SUCH ZONES ARE DEFINED IN SECTION 2.06.030, OF ARTICLE 2
OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE
WHEREAS, the City Council of the City of Cypress ( "City Council ") has the authority
to take appropriate actions when the potential exists for jeopardy to the public health, safety
and general welfare of its citizens; and
WHEREAS, the City Council finds and determines the recent improvement in the
housing market has provided an economic incentive to create residential development.
Given the limited supply of available vacant land in the City, it is becoming increasingly
difficult for developers to acquire land zoned exclusively for residential uses. However,
under the 2004 amendments to the Cypress Zoning Code, it is now both possible and
economically feasible for developers to acquire commercial uses and then convert them to
residential units; and
WHEREAS, the City Council further finds and determines that permitting the
development of residential uses in commercial zones, as defined in Appendix I of the
Cypress Municipal Code, raises serious questions regarding the potential loss of
commercially zoned properties and commercial corridors within the City, and poses a
current and immediate threat to the public health, safety and welfare; and
WHEREAS, the City Council further finds and determines that permitting the
development of residential uses in commercial zones, as defined in Appendix I of the
Cypress Municipal Code, could result in significant conflicts between jointly permitted uses,
including conflicts within commercial zones as well as uses adjacent to commercial zones,
which include, but are not limited to, insufficient buffers between residential and commercial
uses, noise conflicts between residential and commercial uses, visual conflicts between
residential and commercial uses, and potential impacts regarding traffic, air quality,
aesthetics, fire protection, police services, and other public services; and
WHEREAS, the City Council further finds and determines that permitting of multi-
family housing uses in commercial zones would also have a current, immediate and specific
adverse impact on public health and safety that cannot be mitigated, within the meaning of
Government Code Section 65858(c) and /or (h), due to potential significant conflicts between
jointly permitted uses, including conflicts within commercial zones as well as uses adjacent
to commercial zones, which include, but are not limited to, insufficient buffers between
multi - family residential and commercial uses, noise conflicts between multi - family residential
and commercial uses, visual conflicts between multi - family residential and commercial uses,
and unavoidable impacts regarding traffic, air quality, aesthetics, fire protection, police
services, and other public services; and
WHEREAS, the City Council further finds and determines that permitting of multi-
family housing and other residential uses in commercial zones would also have a current,
immediate and specific adverse impact on public health and safety that cannot be mitigated
within the meaning of Government Code Section 65858(c) and /or (h), due to the intended
purpose and nature of commercial zoned districts to provide a variety of uses for the
community including medical, dental, and other professional offices, restaurants, retail
shops and a variety of service related uses. Allowing residential uses within areas primarily
zoned as commercial districts effectively displaces these commercial opportunities, removal
of which would have a significant, quantifiable, direct and unavoidable impact by eliminating
necessary commercial services from the community; and
WHEREAS, the City Council further finds and determines that said displacement of
commercial uses and services within commercially zoned districts removes and reduces
sales tax revenue used by the City and other jurisdictions to provide services and necessary
infrastructure, thereby unavoidably impacting the level of police, fire, safety, and other
services necessary for the public health, safety and welfare of the community; and
WHEREAS, the City Council further finds and determines that, prior to the approval
of any projects seeking to permit the development of residential uses in commercial zones
for which a development application submittal has not been received, City staff should
engage in careful and thorough studies about the potential environmental, aesthetic, and
other impacts of these developments on the community; and
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WHEREAS, the City Council further finds and determines that City staff requires time
to study possible general plan, specific plan and /or zoning proposals that staff will be
directed to study and, as appropriate, develop possible modifications and other changes to
the City's General Plan, Specific Plan(s) and /or Zoning Ordinance to address these threats
to the public health, safety and welfare; and
WHEREAS, based on the foregoing findings, the City Council proposes to
temporarily prohibit the permitting of any residential development within all commercial
zones in the City applicable for all projects for which a development application submittal
has not already been received by the City; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to impose a moratorium for the immediate preservation of the
public peace, health or safety and to prohibit a use that is in conflict with a contemplated
general plan, specific plan, or zoning proposal that the legislative body, planning
commission or the planning department is considering or studying or intends to study within
a reasonable time; and
WHEREAS, the City Council duly gave notice of a public hearing to consider the
possible adoption of this interim Ordinance in the manner prescribed by Government Code
Section 65090; and
WHEREAS, on September 28, 2015, the City Council duly convened a public
hearing to consider the possible adoption of this interim Ordinance and further entertained
the presentation of staff and testimony of interested members of the public; and
NOW, THEREFORE, the City Council of the City of Cypress, California, does ordain
as follows:
SECTION 1. RECITALS.
The City Council finds and determines that the foregoing recitals are true and correct
and incorporates the same herein as if set forth in full. The City Council further finds there
is a current and immediate threat to the public health, safety, or welfare, and that the
approval of additional subdivisions, use permits, design review permits, variances, building
permits or any other applicable entitlement for use which is required in order to comply with
a zoning ordinance, would result in a threat to public health, safety or welfare. The City
Council further finds this interim Ordinance is necessary to mitigate or avoid the specific,
adverse impacts identified in the foregoing recitals incorporated herein, and there is no
feasible alternative to satisfactorily mitigate or avoid the identified specific, adverse impacts
as well or better, with a less burdensome or restrictive effect, than the adoption of the
proposed interim Ordinance. These findings do not apply to a development application
submittal provided to the City for evaluation prior to the effective date of this interim
Ordinance.
SECTION 2. MORATORIUM.
During the effective period of this interim Ordinance, no subdivision, use permit,
design review permit, variance, or building permit, or any other entitlement for any
residential use, including multi - family residential use, shall be approved or issued for
property within the City containing a commercial zoning designation, as defined in Appendix
I of the Cypress Municipal Code. This moratorium shall not apply to either proposed
projects within a commercial zoning designation as defined by Appendix I of the Cypress
Municipal Code that do not propose a residential use component, or to any project for which
a development application submittal has been provided to the City for evaluation prior to the
effective date of this interim Ordinance.
SECTION 3. REVIEW AND STUDY.
During the effective period of this Ordinance, the City Manager, or his designee(s), is
hereby directed to review, study, and propose revisions, as warranted and necessary, to the
City's laws, rules, policies, procedures and fees related to permitting residential uses within
the City's commercial zones, as defined in Appendix I of the Cypress Municipal Code. The
purpose of this study shall be to enable the City to adequately and appropriately consider
the potential conflicts between jointly permitted residential and commercial uses, conflicts
resulting from insufficient buffers between residential and commercial uses, noise conflicts
between residential and commercial uses, visual conflicts between residential and
commercial uses, and potential impacts regarding traffic, air quality, aesthetics, fire
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protection, police services, and other public services, as well as the other impacts identified
in the recitals.
SECTION 4. NEED.
This interim Ordinance is needed for the preservation of the public health, safety,
and general welfare, as among others, it will allow the City time to study how to avoid and
prevent potential conflicts between jointly permitted residential and commercial permitted
uses, conflicts resulting from insufficient buffers between residential and commercial uses,
noise conflicts between residential and commercial uses, visual conflicts between
residential and commercial uses, and potential impacts regarding traffic, air quality,
aesthetics, fire protection, police services, and other public services, as well as additional
impacts identified in the recitals.
SECTION 5. AUTHORITY AND EFFECT.
This interim Ordinance is enacted pursuant to the authority conferred upon the City
Council by Government Code Section 65858 and shall be in full force and effect
immediately upon its adoption by a four - fifths (4/5) vote of the entire City Council as if, and
to the same extent that, such interim Ordinance had been adopted pursuant to each of the
individual sections set forth herein above.
SECTION 6. EFFECTIVENESS OF ORDINANCE.
This interim Ordinance shall take effect immediately, pursuant to the authority
conferred upon the City Council by Government Code Section 65858. This interim
Ordinance shall be of no further force and effect forty -five (45) days following the date of its
adoption unless extended in accordance with the provisions set forth in Government Code
Section 65858. Not later than ten (10) days prior to the expiration of this interim Ordinance,
the City Council shall issue a written report as required by Government Code Section
65858(d).
SECTION 7. SEVERABILITY.
If any provision of this interim Ordinance or the application thereof to any persons or
circumstances is held invalid, such invalidity shall not affect other provisions or applications
of this interim Ordinance which can be given effect without the invalid provision or
application and to this end the provisions of this interim Ordinance are hereby declared to
be severable.
PASSED, APPROVED, AND ADOPTED this 28th day of September, 2015, by at least
a four -fifths vote of the City Council.
ATTEST:
Pae-41 /24,01-14.7
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO V OF THE CITY OF CYPRESS
1, DENISE BASHAM, 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
28th day of September, 2015, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
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CITY CLERK OF THE CITY OF CYPRESS
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