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Ordinance No. 1084370 ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 3.14.050.C.7 OF THE CYPRESS ZONING ORDINANCE RELATING TO DRIVEWAY LANDSCAPE BUFFERS. WHEREAS, the City Council of the City of Cypress recognizes that there are existing residential properties located within the RM -15 Residential Multiple - Family Zone and the RM -20 Residential Multiple - Family Zone that contain structures next to narrow driveways that previously led to one -car garages or carports; and WHEREAS, the City Council of the City of Cypress also recognizes that these properties have substandard lot widths with residential structures and driveways that were legally constructed prior to the City annexing them from the County of Orange; and WHEREAS, the City Council wishes to grant exceptions to the driveway landscape buffer requirements for the aforementioned properties to allow adequate driveway and garage maneuvering area for additional dwelling units that are permitted under the zoning in these areas; and WHEREAS, the City Council recognizes that the aforementioned circumstances represent an unusual physical hardship and has previously granted approximately seven variances to allow exceptions to this driveway buffer requirement. WHEREAS, the City Council is amending Section 3.14.050.C.7 of the City of Cypress Zoning Ordinance in order to ensure the above. NOW, THEREFORE, the City Council of the City of Cypress hereby ordain as follows: Section 1: Section Number 3.14.050.C.7 of the Cypress Zoning Ordinance is hereby amended in part to read in its entirety as follows: Sec. 3.14.050 Development Standards for Parking. C. Required Improvements. 7. Curbs shall be installed a minimum of five feet from a wall, fence, building, or other structure. The minimum standard curb radius shall be six feet at all aisle corners. This requirement does not apply to driveways that are not part of the maneuvering area for parking. A curb shall be installed a minimum of three feet from the edge of driveways that are parallel to block walls or fences. An exception to the three -foot driveway buffer width may be granted for redevelopment of existing parcels located in the RM -15 Residential Multiple - Family Zone or the RM -20 Residential Multiple - Family Zone, if all of the following criteria are met: a. The existing lot width is less than fifty -five feet. b. The driveway width is constrained by the existing dwelling structure. c. The three -foot driveway buffer would result in a substandard driveway width and/or garage maneuvering area. d. The new development would not result in more than two dwelling units on the lot. e. Combining with an adjacent property to meet the standard lot width in the applicable zone is not feasible. 371 Section 2: The City Clerk of the City of Cypress shall certify to the passage and adoption of this ordinance and the same shall be posted as required by law and shall take effect as provided by law. Section 3: If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 4: This ordinance shall be effective thirty (30) days following its adoption. FIRST READING at a regular meeting of the City Council of said City held on the 23`d day of October, 2006, and finally adopted and order posted at a regular meeting held on the 13th day of November, 2006. MAYOR HE CITY OF CYPRESS ATTEST: u.Q-E fr-Lor,obry) INTERIM CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, Interim 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 13th day of November, 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 itouLux_ lext INTERIM CITY CLERK OF THE CITY OF CYPRESS