Ordinance No. 8861'4
ORDINANCE NO. 886
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS EXTENDING A MORATORIUM ON
THE CONSTRUCTION AND USE OF CHURCHES IN
COMMERCIAL ZONES.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. The term of Ordinance No. 884 declaring a
moratorium on the location of churches in Commercial Zones shall be
extended for a period of ten (10) months and fifteen (15) days
pursuant to the provisions of Government Code Section 65858.
SECTION II. The City Council finds that a public
hearing has been properly noticed in accordance with Government
Code 65090 and held by said City Council prior to enacting this
Ordinance.
SECTION III. This Ordinance is exempt from the
provisions of the California Environmental Quality Act, 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 IV. The City Council further finds that the
following measures have been taken to alleviate the conditions
which led to the adoption of Ordinance No. 884:
(a) Staff has began researching issues through
professional organizations and through surveying
local cities.
(b) Staff has begun the inventory of church sites to
determine locations of all existing churches and
any related issues or problems associated with
these uses.
(c) Staff has begun researching several issues
associated with legally and illegally established
churches.
SECTION V. Definitions. The following words and
phrases 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) "Church" means a building or structure, or a group
of buildings or structures, which by design and
construction are primarily intended for the
conducting of organized religious services and
accessory uses associated therewith.
SECTION VI. The City Council of the City of Cypress does
hereby find, determine, and declare, as follows:
1
73. Vehicular Storage
Yard
74. Video Stores
OP- CN- GG- CH-
10000 10000 10000 10000
P
P P"
SECTION II. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is for any
reason 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 III. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and to give
notice thereof by causing copies of this Ordinance to be posted in
three public places throughout the City.
FIRST READ at a regular meeting of the City Council of said City
held on the llth day of May , 1992 and finally
adopted and order posted at a regular meeting held on the 26th day
of May , 1992.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
ZAlTei%
CITY CLERK 0 e THE CEVi'Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, 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 26th day of May , 1992, by the following roll call
vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS' None
CITY CLE
K OF
-7-
E CIT
OF CYPRESS
133
(a) That the public and City staff have indicated to
this Council that economic and land use problems,
including, but not limited to parking and
incompatibility with surrounding land uses, have
arisen with respect to the construction of churches
in OP - 10000, CN - 10000, CG - 10000, CH - 10000, and
LC commercial zones within the City;
(b) That it is necessary to re- examine all of the land
use regulations of the Code of the City of Cypress
as they apply to church or church uses in all
relevant commercial zones, and that City staff has
been directed to conduct a study ( "Study ") to
determine the appropriateness of any zoning
regulations pertaining to churches in commercial
zones;
(c) That it is necessary, pending the completion of
such study and the enactment of regulations, if
any, based thereon, that a moratorium
( "Moratorium ") on any building or structure housing
a church or the commencement of any church use on
any property within the above commercial zones
located in the City be imposed;
(d) That if such moratorium were not imposed,
construction of any church buildings or structures
housing a church within the aforementioned
commercial zones would be undertaken and which
could very well inhibit the zoning proposal to be
examined and studied; and,
(e) That the protection of the public safety, health,
and welfare necessitates the immediate adoption of
the moratorium referred to herein.
SECTION VII. Notwithstanding any provision of any City
Ordinance to the contrary, during such time as this Ordinance is in
full force and effect, no person shall construct any building or
structure housing a church or the commencement of any church use on
any property classified in any of the following zones within the
City:
(a) OP - 10000 (Office Professional)
(b) CN - 10000 (Commercial Neighborhood)
(c) CG - 10000 (Commercial General)
(d) CH - 10000 (Commercial Heavy)
(e) LC (Lincoln Avenue Combining Zone)
In addition, no application for Site Plan elevations,
floor plans, or other applicable discretionary entitlement for
construction of any building or structure housing a church within
the aforementioned zones shall be accepted, acted upon, or approved
by any officer, employee, or agent of the City during such time as
this Ordinance is in full force and effect.
SECTION VIII. 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 IX. This Ordinance as an Urgency Ordinance
shall only become effective if adopted by a four - fifths (4 /5th) vote
of the City Council.
any
No.
SECTION X. Upon the effective date of this Ordinance,
remaining time on the forty -five (45) day period of Ordinance
884 shall be deemed to have merged into this Ordinance.
SECTION XI. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is for any
reason 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 XII. 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 22nd day of June 1992.
ATTEST:
CITY Reo." T 0 CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF CYPRESS
•
MAYOR OF THE C TY OF CYPRESS
I, DARRELL ESSEX, City Clerk
California DO HEREBY CERTIFY that the
adopted at a regular meeting of the
Cypress, held on the 22nd day of
following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSTAINED: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
of the City of Cypress,
foregoing Ordinance was duly
City Council of the City of
June , 1992, by the
Age, Bowman, Kerry, Nicholson and
Partin
None
None
None
G(.07
CITY CLERK OF TH CITY OF CYPRESS