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Ordinance No. 365ORDINANCE NO 365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 25-41, AND DIVISION 2 OF CHAPTER 25, SECTIONS 25-53 THROUGH 25-56, OF THE CYPRESS CITY CODE, AND SECTIONS 106 10, 107 10, 108 11 109 10 AND 110 10 OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS APPENDIX I TO SUCH CODE, RELATING TO SUBDIVISION OPTIONAL DESIGN AND IMPROVEMENT STANDARDS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS SECTION 1: Section 25-41 of the Cypress City Code shall be amended to read in full as follows "Conditional exceptions to the regulations set out in this division may be authorized under the provisions of Division 2 of Article V of Chapter 25 of this Code, Sections 25-53 through 25-56' SECTION 2: Division 2 of Article V of Chapter 25 of the Cypress City Code shall be amended to read in full as follows DIVISION 2 OPTIONAL DESIGN AND IMPROVEMENT STANDARDS "Sec 25-53 APPLICABILITY OF DIVISION A subdivider may use the procedures set out in this division when by written affirmation he signifies his intention* (1) To enhance the livability and appearance of his proposed subdivision by using new concepts in the arrangement for lots for the circulation pattern to serve such lots, or (2) To accomodate special circumstances applicable to such subdivision due to limited size unusual shape industrial development, extreme topography, dominating drainage problems or the impracticability of employing a comprehensive plan or layout by reason of the prior existing recorded subdivision of contiguous properties by' (a) Providing appropriate means of access to blocks, schools, shopping centers and other uses and (b) Providing for the creation of permanent scenic public open space within the neighborhood of which such subdivision is a part, or of irrevocably dedi- cated, and permanently maintained private common areas for the use of the residents of such subdivision, by dedication and/or improvement of public areas or facilities, and/or such private common areas, and/or (c) Providing for other dedication or improvement of public areas of facilities Sec 25-54 PREREQUISITES TO USE The standards set out in this chapter may be varied pursuant to this division only when. (1) The gross density of the area is not increased more than fifteen percent (15%), and (2) The design of such subdivision is approved by the Planning Commission, and Ordinance No. 365 236 (3) In the opinion of the Planning Commission, such a variation will produce a more desirable and livable subdivision than would be created by the minimum standards of this chapter and will create a better community environment through. (a) The creation of permanent scenic public open spaces, within the neighborhood of which such subdivision is a part or of irrevocably dedicated, and permanently maintained private common areas for the use of the residents of such subdivision and/or (b) Other dedication or improvement of public areas or facilities (4) The Planning Commission may consider such social and community value factors as open space recreational facilities historical sites, environmental amenities, and aesthetic considerations in relation to the growth and development of the community Sec 25-55 1 ADDITIONAL IMPROVEMENT STANDARDS In approving any subdivision optional design and improvement standards under this division the City of Cypress may require standards of development greater than those otherwise required for subdivisions provided that the subdivider is advised of such greater standards either. (1) By the imposition of such standards as conditions to the approval to such subdivision by the Planning Commission, or (2) By letter mailed to the subdivider at least five days prior to approval of such subdivision by the City Council Such greater development standards may include but are not limited to street lighting parkway improvements, dwelling unit size and location of dwelling units Sec 25-56 APPROVAL OF DEVIATIONS Before any deviation based on improved design shall be authorized pursuant to this division it shall be approved by a majority vote of the Planning Commission and the City Council of the total membership of each, upon a finding that the variation will result in a neighborhood which is a substantial improvement over the neighborhood which could have been developed by the following the standards otherwise required by this chapter Sec 25-56 1 PROCEDURE FOR APPROVAL Subdivision optional design and improvement standards shall be approved as follows: (a) A tentative map of each subdivision for which optional design and improvement standards are proposed by the subdivider shall be submitted in accordance with Article II of Chapter 25, Sections 25-7 through 25-18, of this Code, except that in addition to the contents specified in Section 25-15, such map shall contain the following* Ordinan'e Nn. lAR (1) Location of buildings upon each lot, square footage, height and size of buildings (2) Lot Dimensions (3) Elevations indicating type of construction and materials to be used (4) Proposed public Improvements (b) The actions by the Planning Commission and City Council upon such subdivision shall be as provided in Sections 25-17 and 25-18 of this Code SECTION 3. Sections 106 10, 107 10, 108 11, 109 10 and 110 10 of the Zoning Ordinance of the City of Cypress Appendix I of the Cypress City Code, are amended, each to read in full as follows "SUBDIVISION OPTIONAL DESIGN AND IMPROVEMENT STANDARDS When a development has been approved by the City Council under the optional design and improvement standards provisions of Division 2 Article V of Chapter 25 of this Code, then such approved building sites, coverage, yards and other requirements imposed as conditions to such approval shall be considered as the requirements of this part of the Zoning Ordinance " PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 8th day of January, 1968 ATTEST 44 CITY CLEf2K OF T CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss MAYOR OF THE CITY OF CYPRESS I DARRELL ESSEX City Clerk of the City of Cypress DO HEREBY CERTIFY that the (foregoing Ordinance was adopted at a regular meeting of the said City Council held on the 8th day of January, 1968, by the following vote. AYES 5 COUNCILMEN Bowen, Kanel, McCarney, Noe, and Harvey NOES. 0 COUNCILMEN. None ABSENT: 0 COUNCILMEN. None 14tjd"- CITY CLERK OF THE CITY OF CYPRESS Ordinance No 365