Ordinance No. 1197 76
ORDINANCE NO. 1197
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SUBSECTION 2.05.030 (RESIDENTIAL ZONING
DISTRICT LAND USES AND PERMIT REQUIREMENTS), SUBSECTION
2.05.050 (RESIDENTIAL OFF-STREET PARKING REQUIREMENTS),
SUBSECTION 3.11.050 (ALLOWED PROJECTIONS INTO REQUIRED
SETBACK AREAS), SECTION 12 (DENSITY BONUS), SUBSECTION
3.17.020(B) (ACCESSORY STRUCTURES USED FOR LIVING PURPOSES),
SUBSECTION 3.17.200 (ACCESSORY DWELLING UNITS), SUBSECTION
4.18.040 (AUTHORITY FOR LAND USE AND ZONING DECISIONS), AND
SECTION 31 (DEFINITIONS) AND CREATING A NEW SUBSECTION
4.19.200 (REASONABLE ACCOMMODATION) OF APPENDIX I OF THE
CYPRESS MUNICIPAL CODE AND FINDING THE ACTION EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Sections 65915-65918 of Title 7, Division 1, Chapter 4.3 of the
Government Code contains regulations pertaining to density bonuses and other incentives
for the development of affordable housing; and
WHEREAS, Sections 65852.2 and 65852.22 of Title 7, Division 1, Chapter 4 of the
Government Code contains regulations pertaining accessory dwelling units ("ADUs") and
junior accessory dwelling units ("JADUs") and limits a local authority's scope of regulation
upon ADUs and JADUs; and
WHEREAS, the federal Fair Housing Act and the California Fair Employment and
Housing Act ("Fair Housing Laws") provide for reasonable accommodation in the application
of zoning laws, building code, and other land use regulation, policies, and procedures for
persons with disabilities seeking equal access to housing; and
WHEREAS, the City Council desires to update the City's regulations so that it is
consistent with State law and Fair Housing Laws; and
WHEREAS, the City Council finds that the Ordinance is consistent with the goals,
policies, and objectives of the General Plan. Housing Element Goal HOU-5 is to "mitigate
any potential governmental constraints to housing production and affordability". The
Ordinance furthers this goal by ensuring that the City's zoning regulations are consistent
with State laws intended to facilitate and incentivize the development of affordable housing
and accessory dwelling units. Housing Element Goal HOU-6 is to"promote equal opportunity
for all residents to reside in the housing of their choice". The Ordinance is consistent with
this goal in that it establishes procedures for persons with disabilities to request reasonable
accommodations that will allow them to reside in the housing of their choice; and
WHEREAS, on May 23, 2022, the City Council held a duly noticed public hearing and
considered testimony on the Ordinance; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in
the above Recitals are true and correct and are incorporated herein as findings of the City
Council.
SECTION 2. The alphabetical list of land uses in Table 2-2 (Allowable Uses and
Permit Requirements for Residential Zoning Districts) of Subsection 2.05.030 of Appendix I
(Zoning) of the Cypress Municipal Code is hereby amended as follows, with all land uses
renumerated alphabetically (ctrikethfeug#h represents deleted language while underline
represents added language):
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TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS
FOR RESIDENTIAL ZONING DISTRICTS
Land Use Permit Requirement by District
RS-15000 IRS-6000 IRS-5000 IRM-15 IRM-20 MHP-20 See Section
Residential
Accessory Dwelling Units P P P P P 3.17.200
G G G — — — 6.31.020(G)
P 12 P — — — 3.1
7440
.wan610s, f
c d n lling Units more G G — — — — 347480
00
SECTION 3. The alphabetical list of land uses in Table 2-4 (Residential Zoning
District Parking Requirements)of Subsection 2.05.050 of Appendix I (Zoning)of the Cypress
Municipal Code is hereby amended as follows, with all land uses renumerated alphabetically
( t-ikethrough represents deleted language while underline represents added language):
TABLE 2-4
RESIDENTIAL ZONING DISTRICT PARKING REQUIREMENTS
Residential Uses I Vehicle Spaces Required
Residential Land Uses
Accessory Dwelling Units See Section 3.17.200(F)(5)
SECTION 4. Table 3.1 (Allowed Projections into Required Setback Areas, Residential
Zoning Districts) of Subsection 3.11.050 of Appendix I (Zoning) of the Cypress Municipal
Code is hereby amended as follows (striL�rough represents deleted language while
underline represents added language):
TABLE 3.1
ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS
RESIDENTIAL ZONING DISTRICTS
Feature Front Setback Rear Setback Side Setback
Architectural adornments such as 4 feet 4 feet Not more than one-half of
cornices,eaves,sills,etc. the required side setback
Balconies(a) 6 feet 6 feet 6 feet
Bay window or similar feature which 4 feet 4 feet Not more than one-half of
does not extend the structure's the required side setback
foundation
Canopies, Pop up Not allowed Not allowed Not allowed
Chimneys 4 feet 4 feet Not more than one-half of
the required side setback
Fire escapes Not allowed No restriction No restriction
Canopies,gazebos, patio covers— Not allowed Within 5 feet of the Within 5 feet of the
open property line. property line.
Overhanging and Overhanging and
cantilevered roofs and cantilevered roofs and
eaves may project to eaves may project to
within 2 feet 6 inches from within 2 feet 6 inches from
the rear property line. the side property line.
Pool motors and similar equipment Not allowed May be located anywhere May be located anywhere
within rear setback. within side setback.Refer
Porches 4 feet 4 feet Not more than one-half of
the required side yard
setback
Roofs of accessory structures(b) Not allowed No closer than 5 feet to No closer than 5 feet to
the lot line the lot line,except for
units developed on zero
lot line parcels
Notes:
(a) Balconies shall be limited in width to six feet.Second floor decks other than balconies,such as(e.g.,sundecks)are
prohibited.
(b) Roofs shall be no more than 10 feet in height.
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SECTION 5. Section 12 (Density Bonus) of Appendix I (Zoning) of the Cypress
Municipal Code is hereby deleted in its entirety and replaced with a new Section 12 (Density
Bonus), which shall read as follows:
SECTION 12. DENSITY BONUS
3.12.010. Purpose.
The purpose of this section is to provide incentives for the production of affordable housing
in accordance with California Government Code Sections 65915-65918 ("State Density
Bonus Law").
3.12.020. Definitions.
The definitions found in State Density Bonus Law shall apply to the terms contained in this
section.
3.12.030. Applicability.
This section applies to a "housing development", as defined in Government Code Section
65915(i), or an "eligible housing development", as defined in Government Code Section
65917.2, when an applicant proposes a density increase above the maximum allowable
density and/or other regulatory incentives and concessions in exchange for reserving a
portion of the units for lower-income, moderate-income, or senior households, as provided
in this section and State Density Bonus Law.
3.12.040. Application Requirements
A. Required submittals. In addition to the application filing requirements established in
Section 18 (Applications, Processing, and Fees), the following information shall be
provided by the applicant on a form supplied by the Community Development
Department:
1. How the proposed project will satisfy the eligibility requirements of Government Code
Section 65915 or 65917.2.
2. The requested density bonus pursuant to subsection 3.12.050 (Density Bonus).
3. Any incentives and concessions that are sought under Government Code Section
65915(d). The applicant shall provide reasonable documentation to show that any
requested incentive or concession will result in identifiable and actual cost reductions
to provide for affordable housing costs or rents.
4. Any waivers and reductions that are sought under Government Code Section
65915(e). The applicant shall provide reasonable documentation that the
development standard(s) for which the waiver is requested will have the effect of
physically precluding the development at the densities or with the concessions or
incentives permitted by State Density Bonus Law.
5. Any requested parking reductions sought under Government Code Section 65915(p).
6. Documentation of how the project will comply with Government Code Section
65915(c)(3) pertaining to replacement units.
B. Fee. Payment of a fee in an amount set by resolution of the City Council, pursuant to
Section 18 of the Cypress Zoning Ordinance.
C. Concurrent review. Density bonus requests shall be filed concurrently with the other
planning permit application(s) required for the development. The density bonus request
shall be processed concurrently with the underlying planning permit or entitlement for the
project.
3.12.050. Density Bonus.
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A. Calculation. Density bonuses shall be calculated as set forth in Government Code
Section 65915 and 65917.2.
1. In determining the total number of units to be granted, each component of any density
calculation, including base density and bonus density, resulting in fractional units
shall be separately rounded up to the next whole number.
2. When calculating the number of affordable units needed for a given density bonus,
any fractions of affordable units shall be rounded up to the next whole number.
3. The density bonus units shall not be included in determining the number of affordable
units required to qualify a housing development for a density bonus pursuant to State
Density Bonus Law.
B. Each housing development is entitled to only one density bonus. If a housing
development qualifies for a density bonus under more than one income category or
additionally as senior housing or housing intended to serve transitional foster youth,
disabled veterans, or homeless persons, or other category qualifying for a density bonus
under the State Density Bonus Law, the applicant shall select the category under which
the density bonus is granted.
C. The applicant may elect to receive a density bonus that is less than the development is
entitled to under State Density Bonus Law, including a density bonus of zero. In such
cases, the applicant retains their entitlement to incentives, concessions, and parking
reductions as provided in State Density Bonus Law.
3.12.060. Incentives and Concessions.
A. The applicant may request up to the number of incentives and concessions for which the
project is entitled pursuant to Government Code Section 65915(d)(2).
B. The City shall grant requested incentives and concessions unless a specified finding is
made as set forth in Government Code Section 65915(d)(1). However, the City is not
required to deny a proposed incentive or concession solely because it can make a finding
under Government Code Section 65915(d)(1).
3.12.070. Waivers and Reductions.
A. An applicant may submit to the City a proposal for waivers and reductions of
development standards that physically prevent construction of a housing development
and density bonus units meeting the criteria of Government Code Section 65915(b).
B. The City may deny waivers and reductions for the reasons set forth in Government Code
Section 65915(e)(1).
3.12.080. Affordable Housing Requirements
A. Maximum affordable housing costs. The maximum total housing costs paid by a
qualifying household, adjusted for household size appropriate for the unit, shall be
pursuant to Health and Safety Code Sections 50052.5 and 50053.
B. Term of affordability. The term of affordability for affordable units shall be at least the
period of time required by Government Code Section 65915(c).
C. Sale and resale of owner-occupied units. Sale and resale of owner-occupied units is
subject to the requirements of Government Code Section 65915(c)(2).
D. Development Standards.
1. All affordable units shall be reasonably dispersed throughout the housing
development.
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2. Affordable units shall be made available for occupancy concurrently with or prior to
the market rate units in the development. In the event the City approves a phased
project, the affordable units shall be provided proportionately within each phase.
3. Affordable units shall be comparable with the market rate units in terms of design,
construction quality, exterior appearance, exterior finished quality, and size.
4. The bedroom mix of the affordable units shall be equivalent to the bedroom mix of
the market rate units of the development, unless otherwise approved by the City.
5. Comparable amenities. Residents of affordable units shall have equal access to
project amenities available to other residents, including, but not limited to, access to
recreational, parking, and storage facilities and interior amenities such as microwaves
and dishwashers.
6. Parking. Unless the City's adopted parking standards will result in fewer parking
spaces, the applicant may request a reduction in parking standards pursuant to
Government Code Section 65915(p).
3.12.090. Affordable Housing Agreement and Senior Housing Agreement.
A. Affordable Housing Agreement. Applicants that have been conditionally granted a
density bonus, incentives and concessions, and/or waivers for the provision of affordable
housing shall enter into an Affordable Housing Agreement with the City in a form
approved by the City Attorney. The Affordable Housing Agreement shall, at a minimum,
include the following:
1. The total number of units and the number of units that will be made affordable;
2. The size, bedroom count, and location of each affordable unit;
3. The income levels of the affordable units and an acknowledgement that the City will
verify tenant and home buyer incomes to maintain the affordability of the units;
4. The term of affordability for the units, which shall not be less than the period of time
required by Government Code Section 65915;
5. The approved density bonus, incentives, concessions, waivers, and/or parking
reductions, if any;
6. Schedule of development for all units; and
7. An affirmative fair marketing plan that is approved by the City to ensure advertising
of the availability of the affordable units to a wide spectrum of City residents.
B. Senior Housing Agreement. Applicants that have been conditionally granted a density
bonus, incentives and concessions, and/or waiver for the provision of market rate senior
housing shall enter into a Senior Housing Agreement with the City in a form approved by
the City Attorney. The Senior Housing Agreement shall require the development to
operate as a senior citizen housing development pursuant to Government Code Section
65915(b)(1)(C). The Senior Housing Agreement shall also include the following:
1. Approved density bonus, incentives, concessions, waivers, and/or parking
reductions, if any; and
2. Schedule of development for all units.
C. Recordation. The executed Affordable Housing Agreement or Senior Housing
Agreement shall be recorded against the housing development prior to final map
approval or, where a map is not being processed, prior to the issuance of building
permits. The Affordable Housing Agreement or Senior Housing Agreement shall bind all
future owners and successors in interest for the term of years specified therein.
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3.12.100. Enforcement and Monitoring.
A. The provisions of this section shall apply to all developers and their agents, successors,
and assigns proposing a housing development governed by this section. No building
permit or certificate of occupancy shall be issued, nor any entitlement granted, for a
project receiving a density bonus, incentive, concession, or waiver until it meets the
requirements of this section.
B. The director shall establish administration regulations which contain guidelines and
procedures for the effective implementation of this section. The administrative
regulations may include fees for monitoring, reports, transactions, and other
administrative activities to the extent allowable by State Density Bonus Law. All fees shall
be approved by the City Council in an amount set by resolution, pursuant to Section 18
of the Cypress Zoning Ordinance.
C. All affordable units shall be rented or owned in accordance with this section and the
administrative guidelines. Any individual who sells or rents an affordable unit in violation
of the provisions of this section shall be required to forfeit all monetary amounts so
obtained.
D. The City Attorney shall be authorized to enforce the provisions of this section and all
Affordable Housing Agreements, Senior Housing Agreements, covenants, resale
restrictions, promissory notes, deeds of trust, and other requirements placed on
affordable units by civil action and any other proceeding or method permitted by law.
3.12.110. Interpretation.
If any portion of this subsection conflicts with State Density Bonus Law or other applicable
state law, state law shall supersede this section. Any ambiguities in this section shall be
interpreted to be consistent with State Density Bonus Law.
SECTION 6. Subsection 3.17.020(B)of Appendix I (Zoning)of the Cypress Municipal
Code is hereby amended as follows (ugh represents deleted language while
underline represents added language):
B. Accessory structures used for living purposes. An accessory structure used for living
purposes shall meet the requirements of subsection 3.17.200 (Sesend-Accessory
dwelling units).
SECTION 7. Subsection 3.17.200 (Second dwelling units) of Appendix I (Zoning) of
the Cypress Municipal Code is hereby deleted in its entirety and replaced with a new
Subsection 3.17.200 (Accessory dwelling units), which shall read as follows:
3.17.200. Accessory dwelling units.
A. Purpose. The purpose of this subsection is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with Government
Code Sections 65852.2 and 65852.22.
B. Effect of conforming. An ADU or JADU that conforms to the provisions of this subsection
shall:
1. Be deemed an accessory use or an accessory building and shall not be considered
to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing general plan and
zoning designation for the lot upon which it is located; and
3. Not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
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C. Application and review procedures.
1. Review. Applications for ADUs or JADUs shall be considered ministerially through
the plan check process. The director or their designee shall consider and approve or
disapprove a complete application for an ADU or JADU within 60 days from the date
the City receives a complete application. Review is limited to whether the proposed
ADU or JADU complies with the requirements of this subsection. If the application to
create an ADU or JADU is submitted concurrently with an application to create a new
single-family dwelling on the lot, the director may delay acting upon the application
for the ADU or JADU until the City acts on the application to create the new single-
family dwelling.
2. Nonconformities. The correction of nonconforming zoning conditions shall not be
required for the creation of an ADU or JADU.
D. Locations permitted.
1. ADUs conforming to the provisions of this subsection may be located on any lot in
the City that is zoned to allow single-family or multi-family residential uses and that
includes a proposed or existing legally developed single-family or an existing legally
developed two-family or multi-family dwelling.
2. JADUs conforming to the provisions of this subsection may be located within a
proposed or existing legally developed single-family dwelling on any lot in the City
that is zoned to allow single-family residential uses.
3. ADUs and JADUs shall not be permitted on any parcel that has obtained a permit for
a two-unit development and urban lot split pursuant to Government Code Sections
65852.21 and 66411.7.
E. Number of ADUs and JADUs permitted.
1. Single-family lots. No more than one (1) ADU and one (1) JADU is permitted on a lot
developed or proposed to be developed with a single-family dwelling.
2. Multi-family lots. A lot developed with a two-family or multi-family dwelling shall be
permitted either:
a. No more than two (2) detached ADUs; or
b. Up to twenty-five (25) percent of the number of existing multi-family dwelling units
within existing multi-family or two-family dwelling structures. The ADUs must be
converted from portions of the existing multi-family dwelling structure that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state
building standards for dwellings. For the purposes of calculating the number of
allowable ADUs, the following shall apply:
i. Fractions shall be rounded down to the next lower whole number of dwelling
units, except that at least one (1) ADU shall be allowed.
ii. Previously approved ADUs shall not count towards the existing number of
multi-family dwelling units.
F. Development standards. Except as modified by this subsection, ADUs and/or JADUs
shall conform to the development standards applicable to the lot on which it is located as
set forth in the Cypress Zoning Ordinance and/or in an applicable specific plan.
1. Lot area. There shall be no minimum lot area required in order to establish an ADU
or JADU.
2. Unit size.
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a. ADUs.
i. No ADU shall exceed 1,200 square feet in size.
ii. An attached ADU that is created on a lot with an existing or proposed single-
family dwelling is further limited to fifty (50) percent of the floor area of the
existing or proposed primary dwelling.
iii. An ADU constructed solely through the conversion of an existing building or
structure or in the same location and same dimensions as an existing structure
shall be limited in size to the existing square footage of the building or structure
converted or replaced, except that an expansion of not more than 150 square
feet is permitted to accommodate ingress and egress to the ADU only.
iv. The application of requirements related to lot coverage, floor area ratio, or
open space may further limit the size of an ADU; however, in no case shall the
application of such requirements limit the size of an ADU to less than 800
square feet.
b. JADUs. No JADU shall exceed 500 square feet in size.
c. Minimum size. The minimum size of an ADU or JADU shall be at least that of an
efficiency unit, as defined in Health and Safety Code Section 17958.1.
3. Setbacks.
a. Minimum setbacks of no less than four (4) feet from the side and rear property
lines are required for newly constructed ADUs.
b. The minimum setback from the front property line shall be the same setback
requirement that applies to the primary dwelling.
c. For conversion of an existing building or structure or replacement in the same
location and same dimensions as an existing structure, no additional setback is
required beyond the existing setback, provided it is sufficient for fire and safety.
4. Height.
a. Newly constructed ADUs shall not exceed one (1) story and a height of sixteen
(16) feet.
b. ADUs and JADUs converted from an existing building or structure shall not exceed
the height of the existing structure.
5. Parking.
a. ADUs. A minimum of one(1) parking space shall be provided for each ADU unless
they are not required pursuant to paragraph (5.b) below. The required parking
space may be permitted in setback areas or through tandem parking on a
driveway.
b. Exceptions. Off-street parking for the ADU is not required in the following
instances:
i. The ADU is a studio;
ii. The ADU is located within one-half(1/2) mile walking distance of public transit,
as that term is defined in Government Code Section 65852.2; or
iii. When parking for the ADU is not required pursuant to Government Code
Section 65852.2 (d).
c. JADUs. No parking shall be required for JADUs.
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d. No Replacement. When a garage, carport, or covered parking structure is
converted or demolished in conjunction with the construction of an ADU or JADU,
those off-street parking spaces are not required to be replaced.
6. Kitchens.
a. ADUs. ADUs shall have a kitchen, as required by the Building Code, which shall
include a kitchen sink, cooking device, refrigeration, food preparation counter, and
storage cabinets.
b. JADUs. JADUs shall include an efficiency kitchen, including a cooking facility with
appliances, and a food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the JADU.
7. Design. Exterior finished materials on the ADU or JADU shall match the exterior
finished materials for the primary dwelling unit.
8. Fire sprinklers. Fire sprinklers are required in an ADU only if sprinklers are required
in the primary residence.
9. Exterior access. An attached or converted ADU or JADU on a single-family lot must
have independent exterior access that is separate from the access to the proposed
or existing primary dwelling.
10.Passageway. No passageway shall be required in conjunction with the construction
of an ADU and/or JADU. For the purposes of this chapter, "passageway" shall mean
a pathway that is unobstructed, clear to the sky, and extends from the right-of-way to
one (1) entrance of the ADU and/or JADU.
11.Utilities.
a. ADUs. An ADU may be served by the same water, sewer, and other utility
connections serving the primary dwelling on the property, and the installation of a
new or separate utility connection directly between an ADU and a utility is not
required. However, separate utility connections and meters for ADUs may be
installed at the property owner's option, when permitted by the utility provider, and
subject to the payment of all applicable fees.
b. JADUs. A JADU shall be served by the same water, sewer, and other utility
connections serving the primary dwelling in which it is located, and no separate
utility meters shall be permitted for a JADU.
G. Other requirements.
1. No separate conveyance. Except as otherwise provided in Government Code
Section 65852.26 or by other applicable laws, an ADU or JADU may be rented
separate from the primary residence(s), but may not be sold or otherwise conveyed
separate from the primary residence(s). A lot shall not be subdivided in any manner
which would authorize such separate sale or ownership.
2. Short-term rental prohibited. Rental of an ADU or JADU for a term of thirty (30) days
or less is prohibited.
3. Owner occupancy requirements.
a. ADUs.
i. For any ADU created on or after January 1, 2020, but before January 1, 2025,
owner occupancy of the primary dwelling or ADU is not required.
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ii. For all ADUs created on or after January 1, 2025, an owner of record of the
lot upon which the ADU is located must occupy either the primary dwelling or
ADU as their principal residence.
b. JADUs. An owner of record of the lot upon which a JADU is located must occupy
either the JADU or the remaining portion of the primary single-family dwelling as
their principal residence. However, the owner occupancy requirement does not
apply if the property is entirely owned by another governmental agency, land
trust, or housing organization.
4. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed
restriction shall be recorded against the title of the property in the county recorder's
office and a copy filed with the Community Development Department. The deed
restriction shall run with the land and bind all future owners. The form of the deed
restriction will be provided by the City and shall include the following:
a. The ADU or JADU may not be sold separately from the primary dwelling(s).
b. The ADU or JADU is restricted to the approved size and to other attributes allowed
by this subsection, including owner occupancy restrictions and the prohibition on
short-term rental.
c. The deed restriction runs with the land and may be enforced against future
property owners.
d. The deed restriction may not be modified or terminated without the prior written
consent of the director.
e. The deed restriction is enforceable by the director or their designee for the benefit
of the City. Failure of the property owner to comply with the deed restriction may
result in legal action against the property owner, and the City is authorized to
obtain any remedy available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in violation of the
recorded restrictions or abatement of the illegal unit.
5. Impact fees.
a. No impact fee is required for an ADU that is less than seven hundred fifty (750)
square feet in size.
b. Any impact fee that is required for an ADU that is seven hundred fifty(750) square
feet or greater in size shall be charged proportionately in relation to the square
footage of the primary dwelling unit (e.g., the floor area of the primary dwelling,
divided by the floor area of the ADU, times the typical fee amount charged for a
new dwelling).
c. For purposes of this section, "impact fee" does not include any connection fee or
capacity charge for water or sewer service.
SECTION 8. A new Subsection 4.19.100 (Reasonable Accommodation) of Appendix
I (Zoning) of the Cypress Municipal Code is hereby added as follows:
4.19.100. Reasonable Accommodation.
D. Purpose of subsection. The purpose of this subsection is to provide a procedure to
request reasonable accommodation for persons with disabilities seeking equal access to
housing under the federal Fair Housing Act and the California Fair Employment and
Housing Act (collectively, the "Fair Housing Laws") in the application of zoning laws,
building codes, and other land use regulations, policies, and procedures.
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E. Applicability.
1. A request for reasonable accommodation may be made by any person with a
disability, their representative, or a developer or provider of housing for the disabled,
when the application of a zoning law, building code provision, or other land use
regulation, policy, or practice denies a person equal access to housing opportunities.
A person with a disability is a person who has a physical or mental impairment that
limits or substantially limits one or more major life activities, anyone who is regarded
as having such impairment, or anyone who has a record of such impairment, as those
terms are defined in the Fair Housing Laws.
2. A request for reasonable accommodation may include a modification or exception to
the rules, standards, and practices for the siting, development, and/or use of housing
or housing related facilities that that is necessary to afford an individual with a
disability an equal opportunity to housing. Requests for reasonable accommodation
shall be made in the manner prescribed by this subsection and shall be approved
only for the benefit of one or more individuals with a disability.
3. Where the improvements or modifications approved through a reasonable
accommodation would generally require a variance, a variance shall not be required.
F. Application Requirements.
1. Required submittals. In addition to the application filing requirements established in
Section 18 (Applications, Processing, and Fees), the following information shall be
provided by the applicant on a form supplied by the Community Development
Department:
a. Documentation that the applicant is an individual with a disability, applying on
behalf of one or more individuals with a disability, or a developer or provider of
housing for one or more individuals with a disability. Documentation may include
a letter from a medical doctor or other licensed healthcare professional, a disabled
license, or any other appropriate evidence;
b. The specific code section, regulation, policy or practice from which relief is sought
and an explanation of why it is preventing, or will prevent, the use and enjoyment
of the subject property by one or more individuals with a disability;
c. The specific exception or modification requested and an explanation of why it is
necessary to provide one or more individuals with a disability equal access to
housing;
d. Verification that the property is or will be the primary residence of the individual(s)
for whom the reasonable accommodation is requested; and
e. Any other information that the director reasonably concludes is necessary to make
the findings required by this subsection, consistent with Fair Housing Laws.
2. Other discretionary permits. If the project for which the request for reasonable
accommodation is being made also requires some other discretionary approval, then
the applicant shall file the application submittal information together with the
application for discretionary approval for concurrent review.
3. Fee. No fee shall be required for a request for reasonable accommodation, but if the
project requires another permit, then the prescribed fee shall be paid for all other
permits.
G. Authority.
1. Director. Requests for reasonable accommodation shall be reviewed by the director,
or designee, unless another discretionary approval is sought for which the City
Council is the reviewing authority.
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2. City Council. Requests for reasonable accommodation shall be reviewed by the City
Council when they are submitted for concurrent review with another discretionary land
use application for which the City Council is the reviewing authority.
H. Proceedings.
1. Director's action. For requests reviewed by the director, the director shall issue a
written determination within 30 days of the date of receipt of a complete application.
2. City Council action. For requests reviewed by the City Council, the processing
procedures of the discretionary land use permit shall govern the joint processing of
both the request for reasonable accommodation and the discretionary land use
permit.
3. The reviewing authority's written decision shall set forth the findings in accordance
with paragraph F (Findings), any conditions of approval, and notice of the right to
appeal, if applicable.
4. Conditions of approval. The reviewing authority may impose any conditions of
approval deemed reasonable and necessary to ensure that the reasonable
accommodation complies with the findings required by this subsection.
5. Alternative reasonable accommodations. The reviewing authority may approve
alternative reasonable accommodations that provide an equivalent level of benefit to
the individual(s)with disabilities.
6. Appeals. If the director does not grant the reasonable accommodation request, or if
the applicant disagrees with any conditions imposed on the granting of the reasonable
accommodation, the applicant may file an appeal to the City Council in compliance
with Section 27 (Appeals) including that the appeal be submitted in writing before
5:00 p.m. of the fourteenth (14th)day following the date the decision was rendered by
the director. Decisions on reasonable accommodation requests made by the City
Council are final.
7. A reasonable accommodation is granted to an individual(s) and shall not run with the
land. If the persons for which the accommodation were granted vacate the residence,
the reasonable accommodation shall remain in effect only if the director determines
that:
a. The modification is physically integrated on the property and cannot feasibly be
removed or altered; or
b. The accommodation is necessary to give another disabled individual an equal
opportunity to enjoy the dwelling. The director may request the applicant or their
successor in interest to the property to provide documentation that subsequent
occupants are persons with disabilities. Failure to provide such documentation
within thirty (30) days of the date of a written request by the City shall constitute
grounds for discontinuance by the City of the previously approved reasonable
accommodation.
I. Findings. A request for reasonable accommodation shall be approved, with or without
conditions, if the review authority first finds, based upon all the evidence presented, all
of the following:
1. The housing which is the subject of the request for reasonable accommodation will
be occupied by one or more individuals with disabilities protected under Fair Housing
Laws;
2. The reasonable accommodation is necessary to make housing available to one or
more individuals with a disability protected under the Fair Housing Laws;
3. The requested accommodation will not impose an undue financial or administrative
burden on the City; and
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4. The requested accommodation will not require a fundamental alteration in the nature
of the City's zoning or building laws, policies, and/or procedures.
SECTION 9. Subsection 4.18.040 (Authority for land use and zoning decisions) of
Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows
(moethrough represents deleted language while underline represents added language):
4.18.040. Authority for land use and zoning decisions.
Table 4-1 (Review Authority) identified the city official or authority responsible for reviewing
and making decisions on each type of application or land use entitlement required by this
zoning ordinance.
TABLE 4-1
REVIEW AUTHORITY
Type of Entitlement or Applicable Citation Director Council
Decision
Adjustments 4.19.050 Approve(1) Appeal
Conditional Use Permits 4.19.070 Recommend(2) Approve
Development Agreements Section 21 Recommend Approve
Design Reviews 4.19.060 Recommend Approve
Director's Reviews 4.19.030 Approve(3) Appeal(4)
General Plan Section 28 Recommend Approve
Amendments PP
Home Occupation Permits 4.19.060 Issue Appeal
Interpretations 1.02.020 Issue Appeal
Reasonable 4.19.100 Approve(5) Appeal
Accommodation
Sign Permits Section 15 Issue Appeal
Specific Plans Section 20 Recommend Approve
Temporary Use Permits 4.19.040 Approve Appeal
Variances 4.19.080 Recommend Approve
Zoning Clearances 4.19.020 Issue Appeal
Zoning Map Amendments Section 28 Recommend Approve
Zoning Ordinance Section 28 Recommend Approve
Amendments
Notes:
(1)The director may defer action and refer any permit or approval application to the council for final determination.
(2)"Recommend"means that the review authority makes a recommendation to a higher review authority; "Appeal"means
that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in
compliance with section 27(Appeals).
(3)All decisions of the director are appealable to council, in compliance with section 27(Appeals).
(4)All decisions of the council are final.
(5)When requests for reasonable accommodation are submitted for concurrent review with another discretionary land use
application for which the council is the reviewing authority, the council shall also review the request for reasonable
accommodation.
SECTION 10. The alphabetical list of definitions in Section 31 (Definitions) of
Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows, with the
all definitions renumerated alphabetically (etrik eegh represents deleted language while
underline represents added language):
6.31.020. Definitions of specialized terms and phrases.
D. Definitions, "D."
Density bonuses. A density bonus, - _ .•e_ _ - e - •• - - -e* - _ _ - _ - ., is
an increased residential density - _ - _ _ - _ _ - - over the maximum
authorized density which is granted to an owner/developer of a housing project agreeing
to construct a prescribed percentage of affordable dwelling
units pursuant to Government Code Sections 65915-65918.
Dwelling unit, accessory. An attached or detached residential dwelling unit which
provides complete independent living facilities for one (1) or more persons on a lot with
a proposed or existing primary residence. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same lot as the single-family or multi-
family dwelling is or will be situated. An accessory dwelling unit also includes:
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1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
Dwelling unit, junior accessory. A unit that is no more than 500 square feet in size and
contained entirely within a single-family dwelling. A junior accessory dwelling unit may
include separate sanitation facilities, or may share sanitation facilities with the existing
structure.
G. Definitions, "G."
- - - - - • - - - - , " - - - - - - .
S. Definitions, "S."
amendcd, or a manufactured home, as defined in Health and Safety Code Section
18007, as amended. (See subsection 3.17.200 (Second dwelling units).)
SECTION 11. CEQA. In accordance with Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt in that
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment. The adoption of the proposed ordinance is covered by
the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment. The ordinance is limited to establishing procedures
and standards for accessory dwelling units and density bonuses pursuant to State law.
Reasonable accommodation procedures established are in compliance with federal and
State fair housing laws. No new construction is proposed.
SECTION 12. Severability. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of the
City of Cypress declares that it would have adopted all the provisions of this Ordinance that
remain valid if any provisions of this Ordinance are declared invalid.
SECTION 13. Effective date. This Ordinance shall become effective thirty (30) days
from its adoption.
SECTION 14. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published and
posted pursuant to the provisions of law in that regard.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at
a regular meeting held on the 27th day of June, 2022.
M OR OF THE CITY OF CYPRESS
ATTES :
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of
Cypress held on the 27th day of June, 2022, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CL RK OF THE ITY OF CYPRESS