Ordinance No. 1198 91
ORDINANCE NO. 1198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SELECTED PROVISIONS OF CHAPTER 25
(SUBDIVISIONS)AND APPENDIX I (ZONING) OF THE CYPRESS MUNICIPAL
CODE TO ADOPT REGULATIONS FOR SPECIAL HOUSING TYPES
INCLUDING EMPLOYEE HOUSING, SUPPORTIVE HOUSING,
TRANSITIONAL HOUSING, AND LOW BARRIER NAVIGATION CENTERS;
SPECIAL HOUSING REGULATIONS IN SUPPORT OF HOUSING ELEMENT
IMPLEMENTATION; DEVELOPMENTS AND LOT SPLITS AUTHORIZED BY
SENATE BILL 9; AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Senate Bill 9 (SB 9) took effect on January 1, 2022. This bill requires the
ministerial approval of two dwelling units per parcel in single-family residential zones, where
previously only one primary dwelling unit would have been permitted, in addition to accessory
dwelling units and junior accessory dwelling units, in some cases. SB 9 also requires ministerial
approval of lot splits in single-family residential zones and allows two units on each resulting
parcel. SB 9 further allows cities to adopt objective standards governing dwelling units and lot
splits approved pursuant to SB 9, provided they do not conflict with state law; and
WHEREAS, Government Code Section 65583.2(g)(3) requires the replacement of certain
dwelling units when new development occurs on a parcel identified in the sites inventory of the
City's Housing Element of the General Plan; and
WHEREAS, Health and Safety Code Section 17021.5(b) requires employee housing of
six or fewer employees to be permitted as a single-family dwelling; and
WHEREAS, Government Code Section 65583(c)(3) requires transitional housing and
supportive housing to be deemed a residential use subject to the same regulations and
procedures that apply to other residential uses of the same type in the same zone. Government
Code Sections 65650 et seq. further limit the City's scope of regulation on supportive housing in
certain zones; and
WHEREAS, Assembly Bill 101 took effect January 1, 2020 and requires the City to allow
low barrier navigation centers as a permitted use in areas zoned for mixed use and nonresidential
zones permitting multifamily uses, provided it meets specified requirements; and
WHEREAS, the City Council desires to update the City's regulations to be consistent with
State law; 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 special needs housing.
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 regulations
allowing for special housing types, such as transitional and supportive housing, that create
additional opportunities for housing for very low income and special needs populations; and
WHEREAS, on September 12, 2022, the City Council held a duly noticed public hearing
and considered testimony on the Ordinance.
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. Section 25-12 of the Cypress Municipal Code is hereby amended as
follows (additions in bold underline):
The size, dimensions, and configuration of lots or parcels created by any division of land shall
conform with this section and the Cypress Zoning Ordinance, except that lots created
through an urban lot split shall be subject to the requirements of Article XI of Chapter
25 where the requirements of Article XI conflict with this section.
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(a) Lot numbers. The lots or parcels shall be numbered consecutively commencing with the
number one, with no omissions or duplications. Block numbers or letters may be used, but
are not preferred.
(b) Lot area. The minimum net lot area shall be that prescribed for the zone in which the
property is located. Variations from the minimum lot area requirements may be approved
by the planning commission or city council in accordance with the provisions of the zoning
ordinance of the City of Cypress.
(c) Public street frontage. All lots created by the division of land, whether by tract or parcel
map, shall have frontage or approved access to a dedicated public street or highway. In
the case of condominiums or planned residential developments with lot areas owned in
common, the street frontage requirement for individual lots may be satisfied by the
individual lots' ownership in the common lot, if the common lot has frontage on the public
street.
(d) Lot width. The width of lots shall conform to standards of development as defined by the
city zoning ordinance and other ordinances or official plans adopted pursuant to law.
Corner lots shall have a minimum width of sixty-five (65) feet measured the same as
interior lots. Variations from the minimum lot width requirements may be approved by the
planning commission or city council in accordance with the provisions of the zoning
ordinance of the City of Cypress. The minimum widths of odd-shaped lots which result
from extreme topography, previous irregular boundaries, or other unavoidable
circumstances shall be subject to individual determination and approval by the planning
commission at the time of approval of the tentative map in accordance with requirements
of the Cypress Zoning Ordinance.
The above provisions governing minimum lot widths shall not apply to residential or
common lots within a planned residential (PRD) zone. Lot sizes and widths therein shall
conform to the standards as set forth in the zoning ordinance or the approved concept
plan or site plan for the particular development, whichever applies.
Small, odd-shaped lots or parcels resulting from the separation of land by streets or
easements, or lots burdened by easements, utilities, or other facilities to a degree which
minimizes their value or use for other purposes, or parcels subject to flooding, portions of
railroad rights-of-way, or other lots or parcels which because of their size, shape,
topography, use, or location are unable to be built upon or developed, shall, upon the
determination of the director of public works and planning director may be exempted from
the above requirements as to lot widths and areas in accordance with the provisions of
the zoning ordinance of the City of Cypress.
(e) City boundary. No lots shall be divided by the boundary line of the City of Cypress.
(f) Sidelines. The sidelines of lots shall be approximately at right angles to the street lines on
straight streets, and shall approximately radial on curved streets.
SECTION 3. Section 25-19(b) of the Cypress Municipal Code is hereby amended as
follows (additions in bold underline):
(b) From action by the director of public works and/or planning director. If any interested
person or the applicant for a lot line adjustment or urban lot split wishes to appeal the
decision of the director of public works and/or planning director or the requirements and
conditions pertaining to this approval, conditional approval, or denial of the lot line
adjustment or urban lot split, said person shall file a written appeal with the planning
director within ten (10) days of the decision. The tentative map, along with the staff report
setting forth the requirements and other information regarding the lot line adjustment or
urban lot split shall then be sent to the city council, which shall consider the appeal. A
copy of the report shall also be sent to the owner or applicant making the appeal at least
five (5) days prior to action by the city council. Upon receipt of the report, the city council
shall review the matter within the time and in the manner specified above for action by the
city council concerning a regular division by parcel map. The decision of the city council
approving, conditionally approving, or denying the appealed lot line adjustment, urban lot
split, or conditions thereof, shall be final.
SECTION 4. A new article is hereby added to Chapter 25, Subdivisions, entitled
"ARTICLE Xl. URBAN LOT SPLITS," which shall contain Section 25-77 through Section 25-83
and shall read as follows:
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ARTICLE XI. URBAN LOT SPLITS
Sec. 25-77. Purpose.
The purpose of this Section is to establish procedures and standards for urban lot splits in
accordance with the requirements of Government Code Section 66411.7. Where this Section
is in conflict with any other provision of Chapter 25, this Section shall govern.
Sec. 25-78. Application requirements and review process.
(a) Only individual property owners may apply for an urban lot split. "Individual property
owner" means a natural person holding fee title individually or jointly in the person's own
name or as a beneficiary of a trust that holds fee title. "Individual property owner" does not
include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S
corp, etc.) except for a "community land trust," as defined in Revenue and Taxation Code
Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue
and Taxation Code Section 214.15.
(b) The applicant for an urban lot split shall submit an application on a City-approved
application form and shall simultaneously file a tentative parcel map in accordance with
Section 25-16.
(c) The tentative parcel map shall be examined by the director of public works and planning
director for its correctness in compliance with city ordinances and policies.
(d) Following this examination, the director of public works shall approve, conditionally
approve, or deny approval of the tentative parcel map. The director of public work's
consideration of the tentative parcel map shall be ministerial, without discretionary review
or a hearing. The tentative parcel map shall be approved if the director of public works
finds that the map complies with the Subdivision Map Act, the requirements of this Section,
and other requirements of this Code applicable to tentative parcel maps that are not
inconsistent with this Section.
(e) Notwithstanding subsection (d), the director of public works may deny an application for
an urban lot split if the building official, or designee, makes a written finding, based upon
a preponderance of the evidence, that the proposed urban lot split would have a specific,
adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public
health and safety or the physical environment and for which there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse impact.
(f) Following approval of a tentative parcel map, the applicant shall submit a final map for
review in accordance with Section 25-21.
(g) The director of public works shall approve the final map if it is in compliance with the
Subdivision Map Act, this chapter, and other applicable provisions of this code, and the
conditions of approval of the tentative parcel map have been met. The director of public
works shall, at the time of his or her action on the final map, accept or reject any and all
offers of dedication and other easements.
(h) The appeal process for the decision of the director of public works shall be as described
in Section 25-19(b).
(i) Upon the approval of the final map, the final map shall be recorded in accordance with
Section 25-21.
Sec. 25-79. Parcel requirements.
The parcel that is proposed for subdivision through an urban lot split:
(a) Shall be located in an RS-15000, RS-6000, or RS-5000 zoning district;
(b) Shall have at least one residential dwelling unit located on it on the date that the urban lot
split is approved, unless the parcel is owned by a "community land trust," as defined in
Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit
corporation" as described in Revenue and Taxation Code Section 214.15;
(c) Shall only have residential uses located on it on the date the urban lot split is approved;
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(d) Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B)
through (a)(6)(K), inclusive, of Government Code Section 65913.4;
(e) Shall not be located within a historic district or on property included on the State Historic
Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a
site that is designated or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance;
(f) Shall not have been created through a previous urban lot split; and
(g) Shall not be adjacent to a parcel that was previously subdivided through an urban lot split
by the owner of the parcel on which the urban lot split is proposed or any person acting in
concert with the owner.
Sec. 25-80. Additional requirements.
(a) An urban lot split shall subdivide an existing parcel to create no more than two new parcels
of approximately equal lot area, provided that:
(1) Neither resulting parcel shall be smaller than 40 percent of the lot area of the original
parcel proposed for subdivision;
(2) Neither resulting parcel shall be smaller than 1,200 square feet;
(3) Each resulting parcel shall include at least 40 percent of the street frontage of the
original parcel proposed for subdivision; and
(4) Flag lots are not permitted.
(b) An urban lot split shall not result in the creation of a parcel with more than two existing
units, as defined in Section 25-82.
(c) Proposed urban lot splits:
(1) Shall not require or allow the demolition or alteration of any of the following types of
housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income;
(B) Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power; or
(C) Housing that has been occupied by a tenant in the last three years; and
(2) Shall not be located on a parcel on which an owner of residential real property has
exercised the owner's rights under the Ellis Act (Government Code Section 7060
through 7060.7)to withdraw accommodations from rent or lease within 15 years before
the date that the development proponent submits an application.
(d) As a condition of approval for an urban lot split, the owner of the parcel being split shall
sign an affidavit, in a form approved by the city attorney, stating that:
(1) The proposed urban lot split will not violate the requirements of Subsection (c);
(2) Neither the owner, nor any person acting in concert with the owner, has previously
subdivided an adjacent parcel using an urban lot split; and
(3) The owner intends to occupy a residential dwelling unit on one of the parcels created
by the urban lot split as their primary residence for a minimum of three years from the
date of the approval of the urban lot split. This subsection (d)(3) shall not apply if the
owner of the parcel is a "community land trust," as defined in Revenue and Taxation
Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in
Revenue and Taxation Code Section 214.15.
(e) As a condition of approval of an urban lot split, the owner shall dedicate all easements
over the resulting parcels required for the provision of public services and facilities, as
determined by the director of public works.
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(f) Each parcel resulting from an urban lot split shall have access to or adjoin the public right-
of-way.
(g) The city shall not require as a condition of approval of an urban lot split:
(1) Dedications of rights-of-way or the construction of offsite improvements; or
(2) The correction of non-conforming zoning conditions existing on the parcel that will be
divided.
(h) An urban lot split:
(1) Shall conform with all the requirements of the Subdivision Map Act; and
(2) Shall conform with all the requirements applicable to parcel maps under this chapter,
except for those requirements that conflict with the requirements of this Article, in
which case the provisions of this Article shall control.
(i) Each lot created by an urban lot split shall be self-sufficient with regard to drainage of
water off of the parcel and shall have a separate connection to the main line for all utilities
including but not limited to water, electric, gas, sewer, and telecommunications.
Sec. 25-81. Limitations applicable to new parcels.
(a) Parcels created by an urban lot split shall only be used for residential uses,
notwithstanding the fact that other uses may be permitted in the zoning district in which
the parcels are located.
(b) Residential units constructed on parcels created by an urban lot split shall not be rented
for a term of less than thirty-one (31) consecutive days.
(c) A parcel created through an urban lot split may not be further subdivided by a subsequent
urban lot split.
(d) Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings
or other structures (such as garages) on different lots are adjacent or attached to each
other, the urban lot split boundary may separate them for conveyance purposes if the
structures meet building code safety standards and are sufficient to allow separate
conveyance. If any attached structures span or will span the new lot line, the owner must
record appropriate CC&Rs, easements, or other documentation that is necessary to
allocate rights and responsibilities between the owners of the two lots.
Sec. 25-82. Limitation on number of units.
Notwithstanding any other provision of this code, no more than two units are permitted on any
parcel created by an urban lot split. For the purposes of this Section, "unit" means any
dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created
pursuant to Section 3.17.260 of Appendix I (Second primary units and duplexes in single-
family zones), an accessory dwelling unit, or a junior accessory dwelling unit.
Sec. 25-83. Deed restriction.
As a condition of approval of an urban lot split, the owner of the parcel to be divided shall
execute a deed restriction, in a form approved by the city attorney, which shall be recorded
on each of the resulting parcels, at the property owner's cost, and shall limit the use of each
parcel in accordance with the standards of this Article. Violation of the deed restriction shall
be considered a violation of this code and may be enforced in a manner that this code may
be enforced.
SECTION 5. The Residential section of Table 2-2 (Allowable Uses and Permit
Requirements for Residential Zoning Districts) in Section 2.05.030 of Appendix I (Zoning) of the
Cypress Municipal Code is hereby revised as follows with the remainder of the Table remaining
unchanged (additions in bold underline; deletions in bald-strip#):
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS
FOR RESIDENTIAL ZONING DISTRICTS
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Land Use Permit Requirement by District
RS- RS- RS- RM- RM- MHP- See Section
15000 6000 5000 15 20 20
Residential
Accessory Dwelling Units P P P P P = 3.17.200
Accessory Structures under P P P p p p 3.17.020
15 feet in height
Accessory Structures over 15 C C — C — — 3.17.020
feet in height — —
Condominiums,
Townhouses, or C C C C C — 3.17.070
Condominium Conversions
— — C C — 4.10.040
Dormitories — — — C C —
Duplexes in single-family
Duplexes P — P— P — P P — zones are subject to
3.17.260
Em•to ee Housin• P P P P P — 3.17.270
Home Occupations P P P PPP 3.17.100
Manufactured Housing P P PPP P 3.17.140
Marijuana Cultivation (Indoor) P P P PPP Chapter 151
Marijuana Cultivation Chapter 151
(Outdoor)
Commercial Marijuana Chapter 15J
Activity
Maritime Storage/Shipping
Containers
Mobile Home Parks P
Model Home/Subdivision TUP TUP TUP TUP TUP TUP 3.17.220
Sales Offices
Multi-Family Dwelling Units, — — — P P —
not more than 3 units
Multi-Family Dwelling Units, — — — C C —
over 3 units
Private Yard/Garage Sales P P PPP P 3.17.090
Second Primary Units P P P — — — 3.17.260
Second-Story Balcony, within P P P P P — 3.11.050
the front yard
Second-Story Balcony, within S S S S S — 3.11.050
the side or rear yard
Single-family dwelling
Single-Family Dwelling Units P P CP P P — units in RS-5000 subject
to Section 2.05.040B
Su• •ortive Housin. P P P P P — 3.17.280
Temporary Uses/Activities TUP TUP TUP TUP TUP TUP 3.17.220
Transitional Housin• P P P P P — 3.17.290
SECTION 6. Table 2-4 (Residential Zoning District Parking Requirements) in Section
2.05.050 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows with
the remainder of the Table remaining unchanged (additions in bold underline):
TABLE 2-4
RESIDENTIAL ZONING DISTRICT PARKING REQUIREMENTS
Residential Uses Vehicle Spaces Required
Residential Land Uses
Single-family dwelling units, detached and attached
Units with up to and including 3 bedrooms 2-vehicle garage for each dwelling unit
Units with over 4 bedrooms 3-vehicle garage for each dwelling unit.
2-vehicle garage plus 2 open spaces for each
Single-family dwelling units, small-lot
development, detached and attached dwelling unit. The open spaces may be located
on the driveway leading to the garage.
Guest parking 1 unassigned open space for each dwelling
unit.
Second Primary Units and Duplexes In 1 covered or uncovered space per unit,
Single-Family Zones (Per Section 3.17.260) except where exempt, in compliance with
Section 3.17.260.F.
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SECTION 7. Section 3.11.170 (Special housing regulations) is hereby added to
Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:
3.11.170. Special housing regulations.
A. Replacement of protected residential units.
1. Purpose. The purpose of this section is to implement Government Code Section
65583.2(g)(3) to ensure the City does not approve a development project on a site
identified in the sites inventory of the Housing Element of the General Plan that would
result in the elimination of protected housing units unless those housing units are
replaced consistent with Government Code Section 65915(c)(3).
2. Applicability. The provisions of this section apply to any new development(residential,
nonresidential, or mixed-use) on a site identified in the sites inventory of the Housing
Element of the General Plan that contains protected units as defined in subsection
3.11.170.A.3 or that contained protected units that have been vacated or demolished
within the last five years.
3. Protected units. For the purposes of this section, a protected unit is a dwelling unit that
is or was within the last five years:
a. Subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons or families of low or very low income;
b. Subject to any other form of rent or price control through a public entity's valid
exercise of its police power; or
c. Occupied by low or very low income households.
4. Replacement requirement. Replacement of protected units shall be required as a
condition of any development on the site. Replacement requirements shall be
consistent with Government Code Section 65915(c)(3).
B. Affordable housing agreements.
1. Developers of a residential development containing affordable housing units shall be
required to 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:
a. The total number of units and the number of units that will be made affordable;
b. The size, bedroom count, and location of each affordable unit;
c. 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;
d. The term of affordability for the units;
e. Schedule of development for all units; and
f. 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.
2. Recordation. The executed Affordable Housing Agreement shall be recorded against
the residential 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 shall bind all future owners and successors in interest for the term of years
specified therein.
SECTION 8. Section 3.17.260 (Second primary units and duplexes in single-family
zones) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as
follows:
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3.17.260. Second primary units and duplexes in single-family zones.
A. Purpose; definition of duplex.
1. The purpose of this section is to establish procedures and standards for the approval
and creation of second primary units and duplexes in single-family zones in
accordance with the requirements of Government Code Section 65852.21.
2. For purposes of this section, "duplex" includes two detached dwelling units that are
included under the same development application, in addition to the definition of
"dwelling, two-family" in Section 6.31.020.
B. Application review process.
1. An application for a second primary unit or a duplex in a single-family zone shall be
considered ministerially through the plan check process.
2. An application shall be approved if the proposed development complies with all the
requirements in this section. However, notwithstanding the previous sentence,
the City may deny an application for a second primary unit or duplex if the building
official, or designee, makes a written finding, based upon a preponderance of the
evidence, that the proposed second primary unit or duplex would have a specific,
adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public
health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
C. Location requirements. Proposed second primary units and duplexes:
1. Shall be located in an RS-15000, RS-6000, or RS-5000 zoning district;
2. Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B)
through (a)(6)(K), inclusive, of Government Code Section 65913.4; and
3. Shall not be located within a historic district or on property included on the State
Historic Resources Inventory, as defined in Public Resources Code Section 5020.1,
or within a site that is designated or listed as a city or county landmark or historic
property or district pursuant to a city or county ordinance.
D. No impact on protected housing. Proposed second primary units and duplexes:
1. Shall not require or allow the demolition or alteration of any of the following types of
housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income;
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power; or
c. Housing that has been occupied by a tenant in the last three years;
2. Shall not require or allow the demolition of more than 25 percent of the existing exterior
structure walls on the parcel if the parcel has been occupied by a tenant in the last
three years; and
3. Shall not be located on a parcel on which an owner of residential real property has
exercised the owner's rights under the Ellis Act (Government Code Section 7060
through 7060.7)to withdraw accommodations from rent or lease within 15 years before
the date that the development proponent submits an application.
E. Development standards. The development standards for the first primary unit built on a
parcel are not limited by this Section but shall comply with all other applicable development
standards in this code. A second primary unit or duplex approved under this Section shall
comply with all of the following development standards:
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1. Configuration. A second primary unit may be attached to or detached from other
dwelling units on the parcel.
2. Size. Second primary units, and at least one unit of a duplex, shall be no larger than
1,200 square feet in floor area.
3. Height. Second primary units, and at least one unit of a duplex, shall be no taller than
one story and 16-feet in height.
4. Single Story. Second primary units may not be built above any other structure.
5. Setbacks. No setback beyond the existing setback shall be required for an existing
structure or for a unit constructed in the same location and to the same dimensions as
an existing structure. In all other circumstances, second primary units and duplexes
built under this Section shall be set back at least four (4) feet from the side and rear
lot lines.
6. Separate Entrances. Each unit approved under this Section shall have its own
separate entrance.
7. Additional Development Standards. Except as provided in Subsections E.1 through
E.6, units approved under this Section shall comply with all development standards
that would be applicable to a primary dwelling unit on the same parcel.
F. Parking.
1. One new parking space is required for a second primary unit and for each unit in a
duplex approved under this Section. Such parking spaces may be covered or
uncovered and shall be in addition to all existing parking spaces on the parcel.
2. Notwithstanding subsection F.1, no parking spaces are required for a second primary
unit or the units of a duplex approved under this Section if either:
a. The parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in Public Resources Code Section 21155(b), or a major
transit stop, as defined in Public Resources Code Section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.
G. Utilities. The director of public works may place conditions of approval on the proposed
development to ensure sufficient utility capacity and the ability of the utilities to serve the
development, and may require the applicant to submit technical studies to determine utility
capacity and ability to serve.
H. Limitation on enforcement of standards. With the exceptions of the setback requirements
in subsection E.5, the City shall not enforce any zoning, subdivision, or design standard
to the extent that it would have the effect of physically precluding the construction of up to
two primary residential units on a parcel, or would physically preclude either of the primary
residential units from being at least 800 square feet in floor area.
I. Total number of units.
1. This Section does not authorize or require the approval of more than two primary
dwelling units on a single parcel. For purposes of this subsection, "primary dwelling
units" means dwelling units other than accessory dwelling units or junior accessory
dwelling units.
2. Notwithstanding any other provision in this Section, the approval of second primary
units and duplexes on a parcel that was created through an urban lot split shall be
limited as described in Chapter 25, Article XI of the municipal code.
J. Design standards. Second primary units, and each unit of a duplex approved under this
Section, shall comply with all objective design standards that would be applicable to a
primary dwelling unit on the same parcel.
K. Rental term. Second primary units and both units of a duplex approved under this Section
shall not be rented for a term of less than thirty-one (31) consecutive days.
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L. Deed restriction. As a condition of approval of, and prior to the issuance of a certificate of
occupancy for, a second primary unit or duplex approved under this Section, the property
owner shall execute a deed restriction, in a form approved by the city attorney, which shall
be recorded on the property, at the property owner's cost, and shall require that the second
primary unit or duplex shall only be used and developed in accordance with the
requirements in this Section, including but not limited to the development standards and
the prohibition on short-term rentals stated in this Section. Violation of the deed restriction
shall be considered a violation of this code and may be enforced in a manner that this
code may be enforced.
SECTION 9. Section 3.17.270 (Employee housing) is hereby added to Appendix I
(Zoning) of the Cypress Municipal Code and shall read as follows:
3.17.270. Employee housing.
A. Purpose. The purpose of this subsection is to set forth requirements for the establishment
of employee housing consistent with Health and Safety Code Section 17021.5(b).
B. Requirements.
1. Employee housing shall be deemed a single-family structure and a residential use and
is permitted in all zones where single-family dwellings are permitted.
2. Employee housing shall be subject to the same standards and regulations which apply
to single-family dwellings in the same zone.
SECTION 10. Section 3.17.280 (Supportive housing) is hereby added to Appendix I
(Zoning) of the Cypress Municipal Code and shall read as follows:
3.17.280. Supportive housing.
A. Purpose. The purpose of this subsection is to set forth requirements for the establishment
of supportive housing consistent with Government Code Sections 65583(c)(3)and 65650
et seq.
B. Requirements.
1. Supportive housing shall be deemed a residential use subject to the same regulations
and procedures that apply to other residential uses of the same type in the same zone
except when the supportive housing is consistent with the requirements of subsection
3.17.280.B.2.
2. Supportive housing shall be a use by right in zones where multifamily and mixed use
are permitted, including nonresidential zones permitting multifamily uses, if the
proposed development satisfies all of the requirements set forth in Government Code
Section 65650 et seq.
(a) The applicant shall provide the City with all documentation necessary to
demonstrate compliance with these requirements, including but not limited to
the documentation listed in Government Code Section 65652. The document
imposing the affordability restriction on the units shall be reviewed and
approved by the city attorney's office.
(b) Application and review. Supportive housing seeking by right approval pursuant
to Government Code Section 65650 et seq. shall require zoning clearance
approval pursuant to Section 4.19.202 of the Zoning Ordinance. The director
or their designee shall review the application in accordance with the
requirements of Government Code 65650 et seq.
(i) A complete application for a supportive housing development with 50 or
fewer units shall be approved or disapproved within 60 days from the date
the City receives a complete application.
(ii) A complete application for a supportive housing development with more
than 50 units shall be approved or disapproved within 120 days from the
date the City receives a complete application.
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SECTION 11. Section 3.17.290 (Transitional housing) is hereby added to Appendix I
(Zoning) of the Cypress Municipal Code and shall read as follows:
3.17.290. Transitional housing.
A. Purpose. The purpose of this subsection is to set forth requirements for the establishment
of transitional housing consistent with Government Code Section 65583(c)(3).
B. Requirements. Transitional housing shall be deemed a residential use subject to the same
regulations and procedures that apply to other residential uses of the same type in the
same zone.
SECTION 12. Section 3.17.300 (Low barrier navigation centers) is hereby added to
Appendix I (Zoning)of the Cypress Municipal Code and shall read as follows:
3.17.300. Low barrier navigation centers.
A. Purpose. The purpose of this subsection is to set forth requirements for the establishment
and operation of low barrier navigation centers consistent with Government Code Section
65660 et seq.
B. Locations permitted. A low barrier navigation center is a permitted use in areas zoned for
mixed use and nonresidential zones permitting multifamily uses, provided it meets the
requirements of subsection 3.17.270.0.
C. Requirements. A low barrier navigation center shall meet the following requirements:
1. It offers services to connect people to permanent housing through a services plan that
identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who
co-locate in the facility may conduct assessments and provide services to connect
people to permanent housing. "Coordinated entry system" means a centralized or
coordinated assessment system developed pursuant to Section 576.400(d)(d) or
Section 578.7(a)(8)(a)(8), as applicable, of Title 24 of the Code of Federal Regulations,
as those sections read on January 1, 2020, and any related requirements, designed
to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the
Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics,
client income, and exit destination through the local Homeless Management
Information System as defined by Section 578.3 of Title 24 of the Code of Federal
Regulations.
D. Application and review.
1. Low barrier navigation centers shall require zoning clearance approval pursuant to
Section 4.19.202 of the Zoning Ordinance to ensure compliance with the requirements
of this section.
2. The director or their designee shall approve or disapprove a complete application for
a low barrier navigation center within 60 days from the date the City receives a
complete application.
E. Repeal. This Section 3.17.240 shall remain in effect only until January 1, 2027, and as of
that date is repealed.
SECTION 13. A definition of"Employee housing" is hereby added to Section 6.31.020(E)
of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in alphabetical order
and read as follows:
Employee housing. Employee housing means "employee housing" as defined in Health and
Safety Code Section 17008 that provides accommodations for six or fewer employees,
pursuant to Health and Safety Code Section 17021.5(b).
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SECTION 14. A definition of "Low barrier navigation center" is hereby added to Section
6.31.020(L) of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in
alphabetical order and read as follows:
Low barrier navigation center. Low barrier navigation center means a Housing First, low-
barrier, service-enriched shelter focused on moving people into permanent housing that
provides temporary living facilities while case managers connect individuals experiencing
homelessness to income, public benefits, health services, shelter, and housing (consistent
with Government Code Section 65660). "Low-barrier" means best practices to reduce barriers
to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors
of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms
containing more than two beds, or private rooms.
SECTION 15. A definition of "Second primary unit" is hereby added to Section
6.31.020(S) of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in
alphabetical order and read as follows:
Second primary unit. A second residential dwelling unit, other than an accessory dwelling unit
or junior accessory dwelling unit, on a parcel with one and only one existing primary dwelling
unit.
SECTION 16. The definition of"Supportive housing" in Section 6.31.020(S) of Appendix
(Zoning) of the Cypress Municipal Code is hereby amended to read as follows (additions in bold
underline; deletions in ):
Supportive housing. Supportive housing means housing with no limit on the length of stay,
that is occupied by the target population (as defined in Government Code Section 65582),
and that is linked to on-site and off-site services that assist the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his or her ability to
live and, when possible, work in the community (consistent with Government Code Section
65582 . • - - - • e ••. - • • - - - ).
SECTION 17. The definition of"Transitional housing" in Section 6.31.020(T) of Appendix
I (Zoning)of the Cypress Municipal Code is hereby amended to read as follows (additions in bold
underline; deletions in ):
Transitional housing. Transitional housing
• . _ - _ - - - _ , _ _ means buildings
configured as rental housing developments, but operating under program requirements that
ea-for require the termination of assistance and recirculation of the assisted unit to another
eligible program recipient at some predetermined future point in time, which shall be no less
than six (6) months from the beginning of assistance (consistent with Government Code
Section 65582). - ! . . - • - • ' - - - • - - - - - • -• -
SECTION 18. A definition of "Urban lot split" is hereby added to Section 6.31.020(U) of
Appendix I (Zoning)of the Cypress Municipal Code and shall be added in alphabetical order and
read as follows:
Urban lot split. The division of a single parcel into two separate parcels in compliance with
the provisions of Article XI (Urban lot splits) of Chapter 25 (Subdivisions).
SECTION 19. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance, or the application thereof to any person or circumstances, is, for any reason,
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 it would
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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 20. CEQA. In accordance with Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt from
environmental review because 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 regulations for various housing uses pursuant to State law. The City Council
further finds and determines that the Ordinance amendments related to SB 9 are not a "project"
for purposes of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), and
therefore do not require any environmental review under CEQA. No new construction is proposed.
SECTION 21. Effective date. This Ordinance shall become effective thirty(30) days from
its adoption.
SECTION 22. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be published and posted pursuant to the
provisions of law in that regard.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 26th day of September, 2022.
9dhl(2,0FAAL)
AYOR OF THE CITY OF CYPRESS
ATTEST:
NOL
CITY CLERK OF THE CIT 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 said City Council
held on the 26th day of September, 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
kok
CITY CLERK F THE ITY OF CYPRESS