Ordinance No. 9052 5
ORDINANCE NO. 905
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS EXTENDING A MORATORIUM ON
THE CONSTRUCTION OF BUILDINGS AND STRUCTURES ON
ALL PROPERTY LOCATED AT 4871, 4901, 4911, 4921, AND
4931 ORANGE AVENUE, CYPRESS, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I. The term of Ordinance No. 903 declaring a moratorium on the
construction of building and structures on all properties located at 4871, 4901, 4911, 4921 and
4931 Orange 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 Section 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. 903:
(a) The City Council has determined that a Specific Plan will be prepared for all five
subject properties. The Specific Plan will establish a uniform land use plan,
development phasing plan and design standards which will be in harmony with
surrounding single - family homes.
(b) The City Council has authorized the City Clerk to enter into a contract with the
planning consulting firm, Robert Bein, Willliam Frost & Associates for the
preparation of the Orange Avenue Residential Area Specific Plan and related
environmental documentation in accordance with the requirements of the
California Environmental Quality Act. Preparation of the Specific Plan will be
funded by the applicant
(c) The preparation of the subject Specific Plan will also include citizen participation
and input through town hall meetings and public hearings.
SECTION V. 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;
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(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 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 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)
(g)
That on october 12, 1993, the public hearing was continued on GPA 93 -1, ZC 93-
1, and GPA 93 -2, 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;
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 the 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:
(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.
(3) 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.
(4) To protect residential properties from noise, illumination, unsightliness,
odors, smoke and other objectionable influences.
(5)
To facilitate the provision of utility services and other public facilities
commensurate with anticipated population, dwelling unit densities, and
service requirements.
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(i)
That it is 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;
(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, and welfare;
(1) That such threat necessitates the immediate adoption of the moratorium
referred to herein.
SECTION VI. 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 GPA 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.
SECTION VII. This Ordinance is hereby adopted pursuant to Government Code
Section 65858 and the Ordinance shall take effect immediately upon its adoption.
SECTION VIII. This Ordinance shall only become effective if adopted by a four -
fifths (4 /5th) vote of the City Council.
SECTION IX. Upon the effective date of this Ordinance, any remaining time on
the forty -five (45) day period of Ordinance No. 903 shall be deemed to have merged into this
Ordinance.
SECTION X. 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 section, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or unconstitutional.
SECTION XI. 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 at a regular meeting of the City Council of the City of
Cypress on the 22nd day of November, 1993.
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MAYOR OF THE CITY ASS
Li
ATTEST:
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CIT CL OF THE ITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY the
foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the
22nd day of November 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
,av
TY CLE e K OF TH CITY OF CYPRESS
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