Ordinance No. 1156ORDINANCE NO. 1156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, EXTENDING BY ONE YEAR THE MORATORIUM
ESTABLISHED BY ORDINANCE NO. 1151, 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 would have expired 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
1A/LJCDCA0 .... A........+ rfrf ' r,40 +L... f'.i • h.... - _r __
WHEREAS, the City Council considered all of the written and oral testimony 224
offered concerning whether to extend the prohibition for an additional year; 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. 1151 (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
4 3
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 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.
1151. 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 I 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 hn,A, to and
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. 1151 and its moratorium for one
year, or until the effective date of the Zone Change, afterwards which it shall
automatically expire.
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 all evidence, whether written or oral, presented to the
City Council at the City Council meetings on September 28, 2015, October 26,
2015,November 9, 2015, and September 12, 2016, 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 12th day of September, 2016
by at least a four -fifths vote of the City Council.
MA OR OF THE 'i O YPRESS
ATTEST:
r'
�L � ∎12- 1
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1, 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 12th day of September, 2016, by the following roll call vote:
AYES. 5 ('C)1INN! MFMRFRR. Rarry .Inhncnn Peat Mnralpc and Yam
227
193
ORDINANCE NO. 1150
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
WHEREAS, the City Council of the City of Cypress ( "City Council ") has the authority
to take appropriate actions when the potential exists for jeopardy to the public health, safety
and general welfare of its citizens; and
WHEREAS, the City Council finds and determines the recent improvement in the
housing market has provided an economic incentive to create residential development.
Given the limited supply of available vacant land in the City, it is becoming increasingly
difficult for developers to acquire land zoned exclusively for residential uses. Hnwever,
under the 2004 amendments to the Cypress Zoning Code, it is now both possible and
economically feasible for developers to acquire commercial uses and then convert them to
residential units; and
WHEREAS, the City Council further finds and determines that permitting the
development of residential uses in commercial zones, as defined in Appendix I of the
Cypress Municipal Code, raises serious questions regarding the potential loss of
commercially zoned properties and commercial corridors within the City, and poses a
current and immediate threat to the public health, safety and welfare; and
WHEREAS, the City Council further finds and determines that permitting the
development of residential uses in commercial zones, as defined in Appendix I of the
Cypress Municipal Code, could 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;. 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 commercial 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
228
199
WHEREAS, the City Council further finds and determines that City staff requires time
to study possible general plan, specific plan and /or zoning proposals that staff will be
directed to study and, as appropriate, develop possible modifications and other changes to
the City's General Plan, Specific Plan(s) and /or Zoning Ordinance to address these threats
to the public health, safety and welfare; and
WHEREAS, based on the foregoing findings, the City Council proposes to
temporarily prohibit the permitting of any residential development within all commercial
zones in the City applicable for all projects for which a development application submittal
has not already been received by the City; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to impose 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; and
WHEREAS, the City Council duly gave notice of a public hearing to consider the
possible adoption of this interim Ordinance in the manner prescribed by Government Code
Section 65090; and
WHEREAS, on September 28, 2015, the City Council duly convened a public
hearing to consider the possible adoption of this interim Ordinance and further entertained
the presentation of staff and testimony of interested members of the public; and
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 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 zoning ordinance, would result in a threat to public health, safety or welfare. The City
Council further finds this interim 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 interim Ordinance. These findings do not apply to a development application
submittal provided to the City for evaluation prior to the effective date of this interim
Ordinance.
SECTION 2. MORATORIUM.
During the effective period of this interim 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
I 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 interim Ordinance.
es 44,
protection, police services, and other public services, as well as the other impacts identifi61►-
in the recitals.
SECTION 4. NEED.
This interim 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 interim 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
immediately upon its adoption by a four -fifths (4/5) vote of the entire City Council as if, and
to the same extent that, such interim Ordinance had been adopted pursuant to each of the
individual sections set forth herein above.
SECTION 6. EFFECTIVENESS OF ORDINANCE.
This interim Ordinance shall take effect immediately, pursuant to the authority
conferred upon the City Council by Government Code Section 65858. This interim
Ordinance shall be of no further force and effect forty -five (45) days following the date of its
adoption unless extended in accordance with the provisions set forth in Government Code
Section 65858. Not later than ten (10) days prior to the expiration of this interim Ordinance,
the City Council shall issue a written report as required by Government Code Section
65858(d).
SECTION 7. SEVERABILITY.
If any provision of this interim Ordinance or the application thereof to any persons or
circumstances is held invalid, such invalidity shall not affect other provisions or applications
of this interim Ordinance which can be given effect without the invalid provision or
application and to this end the provisions of this interim Ordinance are hereby declared to
be severable.
PASSED, APPROVED, AND ADOPTED this 28th day of September, 2015, by at least
a four -fifths vote of the City Council.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO ' THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foreaoina OrdinancA %/1/AA dilly arinntari of a reanular meaea ♦inn ..... •�_
4.
ORDINANCE 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
202
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,
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
Tess 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 I 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.
233
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:
10(14-e___ k.arv)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO 4 THE CITY OF CYPRESS
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
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CITY CLERK OF THE CITY OF CYPRESS