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Ordinance No. 1080357 ORDINANCE NO. 1080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE, APPENDIX I — ZONING, BY AMENDING TABLE 2 -2 AND 2 -4 OF ARTICLE 2, SECTION 5, AMENDING SECTION 3.17.200, AND AMENDING SECTIONS 6.31.020(G) AND 6.31.020(S) RELATING TO SECOND DWELLING UNITS WHEREAS, the Cypress Zoning Code ( "Code ") currently authorizes the construction of "guest dwelling units," "granny flats," and "second dwelling units" under the requirements of the California Government Code as it was then written; and WHEREAS, the California Legislature has subsequently declared that the supply of housing in California is insufficient to meet demand, and that this imbalance is likely to worsen in the future; and WHEREAS, based upon such findings, the Legislature amended Government Code § 65852.2, relating to second units on residential lots, thereby rendering previous ordinances written in compliance with the former California Government Code language out of date; and WHEREAS, State law defines a "second unit" as any attached or detached unit that provides complete independent living facilities for one or more persons which is built on a lot which already has a residential unit; and WHEREAS, the City Council of the City of Cypress desires to amend the Municipal Code to ensure that such Code is consistent with State law, as amended. NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, does hereby ordain as follows: SECTION 1. That Table 2 -2 (Allowable Uses and Permit Requirements for Residential Zoning Districts) of Section 2.05.030 of the Cypress Zoning Ordinance is hereby amended to do the following: "TABLE 2 -2 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS Key to Table P Permitted Use C Conditional use — conditional Use Permit required (See Subsection 4.19.070) ( "_ ") Use not allowed S Site Review by Design Review Committee TUP Temporary Use Permit Land Use Permit Requirement by District RS- 15000 RS- 6000 RS- 5000 RM- 15 RM- 20 MPH - 20 See Section Residential E G G G G — Granny Units C C C -- -- -- 6.31.020( G) Second Dwelling Unit) C/P C/P — — — — 3.'x-1 Second Dwelling Units not more than 640 sq. ft. P P P -- -- -- 3.17.200 Second Dwelling Units more than 640 sq. ft. C C -- -- -- -- 3.17.200" SECTION 2. That Table 2 -4 (Residential Zoning District Parking Requirements) of Section 2.05.050 of the Cypress Zoning Ordinance is hereby amended as follows: 358 "TABLE 2 -4 RESIDENTIAL ZONING DISTRICT PARKING REQUIREMENTS Residential Uses Vehicle Spaces Required Secondary Dwelling Unit) 1 in for enclosed space addition to that required the single Second Dwelling Units 1 space per bedroom in addition to the spaces required for the single - family dwelling unit on the site. If the second dwelling unit is conditionally approved pursuant to Section 3.17.200(I), the required parking spaces shall be enclosed. SECTION 3. Section 3.17.200 of the Cypress Zoning Code is hereby amended, in its entirety, to read as follows: "3.17.200 Second dwelling units. This subsection provides standards for the establishment of second dwelling units. A. State law. A second dwelling unit may be constructed on a parcel that is zoned for single - family housing in compliance with Government Code section 65852.1 and section 65852.2, and shall not exceed the allowable density for the parcel upon which the second dwelling unit is located and shall be considered a residential use that is consistent with the existing general plan and zoning designation for the parcel. B. Zoning clearance required. Second dwelling units shall require zoning clearance approval (subsection 4.19.020) to ensure compliance with the requirements of this Code. In addition, a CUP is required for any second dwelling unit approved pursuant to subsection I, below. C. Site requirements. A parcel proposed for a second dwelling unit shall comply with all the following requirements: 1. The second dwelling unit may be within, attached to, or detached from the primary dwelling unit. If detached, the second dwelling unit shall be separated from the primary dwelling unit a minimum of ten (10) feet and shall comply with all setback requirements for the primary structure and all applicable UBC requirements; 2. The second dwelling unit shall conform to the height, setback, parcel coverage, and all other development standards applicable to the construction of the primary unit in the zoning district in which the unit is proposed to be located; 3. A legal, conforming, primary dwelling unit shall exist on the parcel; 4. Building code violations existing in the primary dwelling unit shall be corrected to the satisfaction of the Building Official before the issuance of any building permit and a zoning clearance for the second dwelling unit. D. Ownership and residency requirements. 1. The applicant shall be the owner of the primary unit and shall occupy either the primary unit or the second dwelling unit; and 359 2. The property owner shall record a covenant declaring that the owner of the primary residence shall occupy one of the units and prohibiting the rental of both units simultaneously. The covenant shall expressly state that it is binding on all future owners of the property. Should the property owner fail to comply with the terms of the covenant, in the City's discretion, the City may require the property owner to: a. Remove the second dwelling unit; or b. Retrofit the second dwelling unit. For the purposes of this Section, "retrofit" shall mean removal of certain facilities (i.e. kitchen or other cooking facilities) or other modifications specified by the director. A copy of the recorded covenant shall be filed with the department prior to issuance of a certificate of occupancy for the second dwelling unit. E. Independent sale prohibited. The second dwelling unit shall not be sold independently of the primary dwelling unit on the parcel, nor shall the original parcel or original section thereof be subdivided. F. Utility connections. The second dwelling unit shall not be on separate meters for gas, electric, water service, or any other utility. G. Parking. One (1) additional parking space per bedroom in the second dwelling unit is required. If the second swelling unit is being approved pursuant to subsection I, below, the required parking must be enclosed. H. Design standards for a second dwelling unit not more than 640 square feet. A second dwelling unit that is approved pursuant to this subsection H shall: 1. Contain no less than two hundred twenty (220) gross square feet and no more than six hundred forty (640) gross square feet of living area; 2. Not contain more than one (1) bedroom; 3. Be architecturally compatible with the primary unit on the same parcel or with the predominant architecture of the area; and 4. Have a primary entrance that is clearly subordinate to that of the primary dwelling. I. Design standards for a second dwelling unit more than 640 square feet. A second dwelling unit that is approved pursuant to this subsection I shall be: 1. Larger than six hundred forty (640) gross square feet of living area, but less than thirty percent (30 %) of the existing living area in the primary residence; 2. Architecturally compatible with the primary unit on the same parcel or with the predominant architecture of the area; and 3. The primary entrance to the second dwelling unit shall be clearly subordinate to that of the primary dwelling." SECTION 4. Section 6.31.020(G), "Definitions of specialized terms and phrases," of the Cypress Zoning Code is hereby revised to delete the definition of "Guest/employee housing ". The previous definition shall be superceded by the definition of "Second Dwelling Unit" as defined in Section 6.31.020(S), as amended herein. - 3 - SECTION 5. Section 6.31.020(G), "Definitions of specialized terms and phrases," of the Cypress Zoning Code is hereby revised to add a definition to read as follows: "Granny Unit. A granny unit is a dwelling unit, either attached to or detached from, a primary residence on a parcel that is zoned for a single - family residence, that is intended for the sole occupancy of one or two adult persons who are 62 years of age or over, consistent with Government Code Section 65852.1, as amended from time to time. The area of floor space of an attached granny unit shall not exceed 30 percent of the existing living area. The area of the floor space of a detached granny unit shall not exceed 1,200 square feet." SECTION 6. Section 6.31.020(S), "Definitions of specialized terms and phrases," of the Cypress Zoning Code is hereby revised to amend the definition of "Second dwelling units ", to supercede all previous definitions of said term, to read as follows: "Second Dwelling Unit. A second permanent dwelling unit that is attached to or detached from an existing single family residential dwelling unit which provides complete independent living facilities for one or more persons, as defined in Government Code Section 65852.2(i)(4), as it exists or as it may be amended from time to time. The second dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the existing unit is situated. A second dwelling unit may be an efficiency unit, as defined in Health and Safety Code Section 17958.1, as amended, or a manufactured home, as defined in Health and Safety Code Section 18007, as amended. (See Section 3.17.200(Second Dwelling units)." SECTION 7. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of this entire Ordinance or any of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sees, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation and shall post the same at the City Hall, the Cypress Police Station, and the Cypress Community Center. FIRST READING at a regular meeting of the City Council of said City held on the 10th day of July, 2006, and finally adopted and order posted at a regular meeting held on the 24th day of July, 2006. MAYOR 4] HE CITY OF CYPRESS ATTEST: ICal,GOt CITY CLERK OF THE CITY OF CYPRESS 360 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 361 I, DENISE BASHAM, Acting City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT THE FOREGOING Ordinance was duly adopted by said City Council at a regular meeting held on the 24th day of July, 2006, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS