Loading...
Ordinance No. 605ORDINANCE NO. 605 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING AND CLARIFYING URGENCY ORDINANCE NO. 602 AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO REFRAIN FROM THE ISSUANCE OF BUILDING PERMITS IN THE AREA KNOWN AS THE "WALKER STREET STUDY AREA" UNTIL FINAL DETERMINATION ON THE LAND USE FOR THAT AREA MAY BE MADE. WHEREAS, on August 8, 1977, the City Council adopted Urgency Ordinance No. 602 directing the Director of Public Works to refrain from the issuance of any and all building permits for new construction which would be in violation of Planning Commission Resolution No. 770 in the Walker Street Study Area unless and until the City Council takes action determining the appropriate land use for said area; and WHEREAS, Resolution No. 770 recommended to the City Council the appro- val of General Plan Amendment No. 77 -3, which would, inter alia, reclassify a portion of the Walker Street Study Area from high- density residential (RM -20 /A) to a lower density multiple- family zone allowing ten units per acre (RM- 10 /A); and WHEREAS, on September 12, 1977, the City Council adopted Resolution No. 1899, approving General Plan Amendment No. 77 -3, which designates the aforesaid portion of the Walker Street Study Area as low- density residential (single - family with medium density multiple - family residential permitted in conjunction with lot consolidation, according to certain development standards as outlined by the Council); and WHEREAS, it is imperative in order to protect the public safety, health, and welfare that no construction be permitted to proceed in the Walker Street Study Area in violation of the land use designation for the area, including • the zoning ordinance which has yet to be adopted in conformity with General Plan Amendment No. 77 -3; and WHEREAS, the original intention of the Council in adopting Ordinance No. 602 was to impose a moratorium until a final determination, i.e., the new zoning ordinance, is adopted and becomes effective determining the appropriate land use for the Walker Street Study Area; and WHEREAS, there exists a potential ambiguity in Ordinance No. 602 con- cerning whether the "final determination of the appropriate land use" is intended to refer to the adoption of General Plan Amendment No. 77 -3 or the zoning ordinance which is yet to be adopted in conformity therewith; and WHEREAS, the Council desires to eliminate any potential ambiguity in this regard in order that prospective applicants for building permits will not be misled and the Director of Public Works will not issue permits pre- maturely and in violation of City standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY AMEND AND CLARIFY ORDINANCE NO. 602 AS FOLLOWS: 1. Section 2 of Ordinance No. 602 is hereby amended to read as follows: The Director of Public Works is hereby directed to refrain from the issuance of any and all building permits for new construction which is in violation of General Plan Amend- ment No. 77 -3 in that area known as the Walker Street Study Area unless and until the zoning ordinance implementing said General Plan Amendment is adopted by the City Council and becomes effective, and in any case for not more than One Hundred Twenty (120) days from August 8, 1977. 243 2. This Ordinance is adopted as an urgency ordinance pursuant to Government Code §65858 and shall take effect immediately upon adoption in order to preserve the public health, safety, and welfare of the citizens and community of the City of Cypress; in that the zoning and land use in the area known as the Walker Street Study Area has been and is in an undeter- mined state such that to allow the issuance of building permits in said area contrary to General Plan Amendment No. 77 -3 would be destructive of the goals and objectives thereof and would result in a violation of the forth- coming zoning ordinance. 3. Except as specifically amended herein, Ordinance No. 602 shall remain in full force and effect. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the llth day of October 1977. MAYOR OF yHE CITY OF CYPRESS ATTEST: CITY C ERK0F'THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the llth day of October 1977; by the following roll call vote: AYES: 3 COUNCILMEN: MacLain, Sonju and Hudson NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Lacayo CITY CLERK OF THE CITY OF CYPRESS