Ordinance No. 9032'
ORDINANCE NO. 903
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS DECLARING A MORATORIUM ON ALL
CONSTRUCTION OF BUILDINGS AND STRUCTURES ON ALL
PROPERTY LOCATED AT 4921, 4931, 4871, 4901, AND
4911 ORANGE AVENUE, CYPRESS, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Cypress does
hereby find, determine, and declare as follows:
(a) That the City of Cypress ( "City ") received an
application filed by Bilt -Mor Development for a proposed general
plan amendment (GPA 93 -1) and zone change (ZC 93 -1) ( "Project ") for
two properties located at 4921 and 4931 Orange Avenue;
(b) That the proposed project involves changing the
General Plan land use designation from low density residential to
high density residential and the zoning classification from RS-
6,000 Residential Single - family to RM -20 Residential Multi- family;
(c) That on August 9, 1993, the City Council opened the
public hearing on GPA 93 -1 and ZC 93 -1 at which time the Council
reviewed the staff report and took public testimony from citizens
concerned about the incompatibility of high density residential
uses adjacent to single - family homes. The Council also discussed
the relationship of the proposed project to the three (3)
properties to the west of the project site located at 4871, 4901
and 4911 Orange Avenue;
(d) That since the three (3) properties are similar to
the proposed project properties, the Council directed that the City
initiate General Plan Amendment No. 93 -2 to analyze the possibility
of also changing the land use designation for the three (3)
properties to a higher density;
(e) That in light of the concerns expressed by staff and
the public regarding the incompatibility of all the properties to
the adjacent low density residential uses, the Council continued
the public hearing to September 27, 1993 and October 12, 1993
respectively;
(f) That on October 12, 1993, the public hearing was
continued on GPA 93 -1, ZC 93 -1 and GPA 93 -1, wherein the Council
reviewed the staff report and took additional public testimony all
of which again expressed concerns with respect to increasing the
density of the subject properties and the incompatibility to the
adjacent single family uses;
(g) That on October 12, 1993, the City Council after
hearing all evidence and testimony presented, adopted Resolution
No.4250 and Resolution No. 4251 which approved GPA 93 -1 and GPA
93 -2 respectively to Medium Density Residential and directed City
staff to conduct a study and to present back to Council proposed
zoning regulations for all the properties;
(h) 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
residential uses located within the boundaries of GPA 93 -1 and GPA
93 -2, and that City staff is conducting a study to determine the
appropriateness of any zoning regulations and their impacts to
adjacent properties in order to achieve the following purposes:
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(1) To reserve appropriately located areas for
family living at a broad range of dwelling
unit densities consistent with the general
plan and with sound standards of public
health, safety and welfare.
(2) To ensure adequate light, air, privacy, and
open space for each dwelling.
To minimize traffic congestion and to avoid
the overloading of utilities by preventing the
construction of buildings of excessive bulk or
number in relation to the land area around
them.
(3)
(4) To protect residential properties from noise,
illumination, unsightliness, odors, smoke and
other objectionable influences.
To facilitate the provision of utility
services and other public facilities
commensurate with anticipated population,
dwelling unit densities, and service
requirements.
(i) That is it necessary, pending the completion of such
study and the enactment of regulations based thereon, that a
moratorium on any building or construction on property located
within the boundaries of GPA 93 -1 and GPA 93 -2 located in the City
be imposed;
(5)
(j) That if such moratorium were not imposed, proposed
discretionary applications for construction of residential uses
within the aforementioned general plan amendment areas would be
undertaken without the appropriate zoning and corresponding
regulations, any and all of which could very well inhibit the
zoning proposal to be examined and studied;
(k) That there is a current and immediate threat to the
public health, safety or welfare and that approval of discretionary
applications for residential uses within the boundaries of GPA 93 -1
and GPA 93 -2 would result in that threat to the public health,
safety or welfare;
(1) That such threat necessitates the immediate adoption
of the moratorium referred to herein.
SECTION 2. 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, whatsoever on any property located within the boundaries
of GPA 93 -1 and 93 -2 adopted by the City Council as Resolution No.
4250 and Resolution No. 4251 and located at 4871, 4901,
4911, 4921 and 4931 Orange Avenue, in the City of Cypress.
In addition, no application for Site Plan elevations,
floor plans, building permits or discretionary entitlements for
construction of any building or structure within the aforementioned
general plan amendment boundaries shall be accepted, acted upon or
approved by any officer, employee, or agent of the City during such
times as this Ordinance is in full force and effect.
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SECTION 3. This Ordinance is enacted under the authority
of Government Code Section 65858 and any applicable law and shall
be of no further force and effect forty -five (4 5) days from the
date of adoption of the Ordinance unless the City Council has
extended this Ordinance in the manner as provided in Government
Code Section 65858.
SECTION 4. 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 5. This Ordinance as an Urgency Ordinance shall
only become effective if adopted by a four - fifths (4 /5th) vote of
the City Council.
SECTION 6. This Ordinance is exempt from the provisions of
the California Environmental Quality Act, Public Resources Code
Section 21050 gt sea. 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 7. 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 8. The City Clerk shall certify to
this Ordinance and cause the same to be posted
provided by law.
PASSED AND ADOPTED by the City Council of the City
regular meeting held on the 25th day of October 1993.
ATTEST:
CITY ERK OF CITY IF CYPRESS
the adoption of
in the manner
of Cypress at a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF CYPRESS
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I, DARRELL ESSEX, City Clerk of the City of Cypress,
California DO HEREBY CERTIFY that the foregoing Ordinance was duly
adopted as an urgency ordinance at a regular meeting of the City
Council of the City of Cypress, held on the 25th day of
October , 1993, by the following roll call vote:
AYES:
NOES:
4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
0 COUNCILMEMBERS: None
ABSTAINED: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
X44 4i i
CITY CLERK THE QITY OF CYPRESS