Ordinance No. 1151ORDINANCE NO. 1151
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, EXTENDING BY 10 MONTHS AND 15 DAYS THE ORIGINAL
45 DAY MORATORIUM ESTABLISHED BY INTERIM ORDINANCE NO 1150,
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, on September 28, 2015, after receiving and considering all oral and
written testimony from City staff, the City Attorney, and the public, including a Staff Report
dated September 28, 2015 (attached as Exhibit "A "), the City Council adopted Interim
Ordinance No. 1150 entitled "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" ( "Interim Ordinance No. 1150 ") in order to allow the City time to thoroughly
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
the study was 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 protection, police services,
and other public services, as well as the other impacts identified in the recitals. Interim
Ordinance No. 1150 was adopted and immediately effective pursuant to the authority set
forth in Government Code Section 65858; and
WHEREAS, in adopting this Interim Ordinance No. 1150, which is attached to this
Ordinance as Exhibit "B," the City Council made findings as set forth therein, and which are
incorporated herein as if set forth in full; and
WHEREAS, by operation of law and its own terms, the moratorium adopted by Interim
Ordinance No. 1150 shall expire and be of no further force and effect on November 12, 2015,
unless extended by a four -fifths (4/5) vote of the City Council; and
WHEREAS, on October 26, 2015, the City Council approved and issued a report as
required by Government Code Section 65858(d), which is attached to this Ordinance as
Exhibit "C" and hereby incorporated by this reference (the "10 -Day Report"); and
WHEREAS, the 10 -Day Report sets forth actions and measures taken to alleviate
conditions which led to the adoption of Interim Ordinance No. 1150, and identified issues that
warrant study, scientific and legal analysis, and possible recommendations for new or
additional regulatory or legislative action; and
WHEREAS, on November 9, 2015, the City Council held a duly noticed public hearing,
in the manner prescribed by Government Code Section 65090, to consider extending the
moratorium adopted by Interim Ordinance No. 1150 for the balance of one year, which would
be an additional 10 months and 15 days, from and after November 12, 2015; and
WHEREAS, the City Council considered all of the written and oral testimony offered
concerning whether to extend the prohibition for an additional 10 months and 15 days; and
WHEREAS, the City Council finds and determines the 10 -Day Report and the record
shows that there has not been sufficient time within the initial 45 days of the moratorium for
staff and legal counsel to undertake the analysis necessary to thoughtfully address and make
recommendations to the City Council regarding the issues identified in the 10 -Day Report and
any revisions necessary to the City's laws, rules, procedures and fees related to permitting
residential uses within the City's commercial zones, as defined in Appendix I of the Cypress
Municipal Code; and
WHEREAS, the City Council further finds and determines the extension of the
moratorium adopted by Interim Ordinance No. 1150 (the "Moratorium ") is necessary in order
to address the potential loss of commercially zoned properties and commercial corridors
within the City, and poses a current and immediate threat to preserve the quality of life and
protect the public health, safety and welfare; and
WHEREAS, the City Council further finds and determines the Moratorium continues to
be immediately required to preserve the public health, safety and welfare and should be
extended immediately by adoption of this Ordinance, to make certain approvals for the
development of residential uses in commercial zones, does not 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, which said approvals may be in conflict with or frustrate the possible updates
and revisions to the Cypress Municipal Code and other regulations; 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 commercially 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, Government Code Sections 36934, 36937 and 65858 expressly authorize
the City Council to adopt an ordinance extending an interim ordinance imposing 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,
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 findings 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
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zoning ordinance, would result in a threat to public health, safety or welfare. The City Council
further finds this 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 Ordinance. These
findings do not apply to a development application submittal provided to the City for
evaluation prior to the effective date of this Ordinance.
SECTION 2. MORATORIUM.
This Ordinance extends the Moratorium established by Interim Ordinance No. 1150.
During the effective period of this 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 1 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 Ordinance.
SECTION 3. REVIEW AND STUDY.
During the effective period of this Ordinance, the City Manager, or his designee(s), is
hereby directed to continue 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 protection, police services, and other public services, as well as the other
impacts identified in the recitals.
SECTION 4. NEED.
This 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 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 upon its adoption by a
four - fifths (4/5) vote of the entire City Council as if, and to the same extent that, such
Ordinance had been adopted pursuant to each of the individual sections set forth herein
above.
SECTION 6. DURATION OF ORDINANCE.
This Ordinance extends Interim Ordinance No. 1150 and its moratorium for 10 months
and 15 days, afterwards which it shall automatically expire unless extended again in
accordance with the provisions set forth in Government Code Section 65858. Not later than
10 days prior to the expiration of this extending Ordinance, the City Council shall issue a
written report as required by Government Code Section 65858(d).
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SECTION 7. CEQA FINDING.
In accordance with Section 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines, the City Council finds this action is statutorily exempt. Even if it is
determined to be a project, it is clear that the proposed Ordinance will not create a significant,
adverse environmental impact as it preserves existing conditions, and is therefore exempt
from CEQA review.
SECTION 8. RECORD.
The facts and basis for approving this Ordinance are set forth in this Ordinance,
above, including all incorporated documents. The City Council action approving this
Ordinance is also based upon the 10 -Day Report attached as Exhibit "C," and all evidence,
whether written or oral, presented to the City Council at the City Council meetings on
September 28, 2015, October 26, 2015 and November 9, 2015, including all staff reports,
testimony, documents and any incorporated material.
SECTION 9. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any persons or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of
this Ordinance which can be given effect without the invalid provision or application and to
this end the provisions of this Ordinance are hereby declared to be severable.
PASSED, APPROVED, AND ADOPTED this 9th day of November, 2015 by at
least a four -fifths vote of the City Council.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MAYO THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, 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 9th
day of November, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS