Ordinance No. 1136128
ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING SECTIONS 6.31.020.C, 6.31.020.G, AND 6.31.020.R OF THE
CYPRESS ZONING ORDINANCE, ADDING A DEFINITION FOR GROUP HOMES
AND ADDING TEXT TO EXISTING DEFINITIONS FOR COMMUNITY CARE FACILITIES
AND RESIDENTIAL CARE FACILITIES.
WHEREAS, the California Health and Safety Code, Sections 1500 through 1518, cited
as the California Community Care Facilities Act, sets forth definitions for Community Care
Facilities, and Residential Care Facilities; and
WHEREAS, the definition for Group Homes is contained in Title 22 of the California Code
of Regulations, Section 80001(g)(1), as well as in the California Welfare and Institutions Code,
Section 11400(h); and
WHEREAS, the Cypress Zoning Ordinance lists Group Homes as permitted uses in
residential zoning districts, but does not provide a definition of Group Homes in the applicable
Section 6.31.020.G of the Cypress Zoning Ordinance; and
WHEREAS, the City Council is herein amending Sections 6.31.020.C, 6.31.020.G, and
6.31.020.R of the City of Cypress Zoning Ordinance in order to provide definitions that are
consistent with the aforementioned State housing laws; and
WHEREAS, the City Council determines that adoption of this Ordinance is consistent
with the goals, policies, and objectives of the current Cypress General Plan (2001), as
amended, as well as the current Housing Element (2008); and
WHEREAS, the City Council determines that the proposed zoning ordinance text
amendment is internally consistent with the remainder of the Cypress Zoning Ordinance text;
and
WHEREAS, the City Council hereby finds that the proposed Zoning Ordinance
Amendment No. 2013 -01 would not adversely affect the public health, safety or general welfare;
and
WHEREAS, a duly noticed public hearing for consideration of this Zoning Ordinance
Amendment was held by the City Council of the City of Cypress on the 8th day of April, 2013;
and
WHEREAS, the City Council of the City of Cypress considered evidence presented at the
public hearing including a staff report and public testimony; and
WHEREAS, following the public hearing and City Council discussion. a motion was made
to approve Zoning Ordinance Amendment No. 2013 -01 as proposed and stipulated herein.
NOW, THEREFORE, the City Council of the City of Cypress hereby ordain as follows:
Section 1: Section 6.31.020.C, Definitions, of the Cypress Zoning Ordinance is hereby
amended to revise the definition for Community Care Facilities to read, in its entirety, as follows:
"Community Care Facilities. As defined by the California Health and Safety Code §
1502(a) et seq., means any facility, place, or building which is maintained and operated
to provide non - medical residential care, day treatment, adult day care, foster family
agency services for children, adults, or children and adults, and residential care,
including, but not limited to the physically handicapped, mentally impaired, mentally
incompetent persons, abused or neglected people, and substance abusers. This use
includes residential care facilities, adult day care facilities, community treatment
facilities, day treatment facilities, foster family homes, group homes, adoption
agencies, residential care facilities, small family homes, social rehabilitation facilities,
transitional shelter care facilities, transitional housing placement providers,
shelters for battered women, substance abuse treatment facilities, and social day care
facilities."
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Section 2: Section 6.31.020.G, Definitions, of the Cypress Zoning Ordinance is hereby
amended to add the definition for Group Homes to read, in its entirety, as follows:
"Group Homes. Also known as Group Care Facilities. As defined in Title 22 of the
California Code of Regulations, Section 80001(g)(1) and the California Welfare and
Institutions Code, Section 11400(h), means facilities of any capacity which provide
24 -hour care and supervision in a structured environment for children or adults,
including, but not limited to foster care, elderly care, physically handicapped care,
and care of persons with developmental disabilities. Group homes may provide
social, psychological, and behavioral programs. The care and supervision
provided by a group home shall be non - medical except as permitted by Welfare
and Institutions Code Section 17736(b). Also, see "Community Care Facilities"
and "Residential Care Facilities "."
Section 3: Section 6.31.020.R, Definitions, of the Cypress Zoning Ordinance is hereby
amended to revise the definition for Residential Care Homes /Facilities to read, in its entirety, as
follows:
"Residential Care Hems Facilities. Are types of Community Care Facilities, defined
by the California Health and Safety Code § 1502(a)(1) et seq., which include any
family home, group care facility, or similar facility, Facilities where twenty- four -hour-
a -day non - medical care is provided to persons residing on the premises, in need of
assistance, guidance, personal services, protection, supervision, and training essential
for sustaining the activities of daily living or for the protection of the individual. The
establishments shall be licensed by the State of California Department of Social Services
for non - medical care in compliance with the provisions of the State Community Care
Facilities Act or other applicable State law; and no medical care shall be provided at the
establishments except incidental medical service as may be allowed, without additional
authorization, certification, or licensing for non - medical care in compliance with State law.
Also includes: children's homes, orphanages, rehabilitation centers, self -help group
homes, and transitional houses. Convalescent homes, nursing homes and similar
facilities providing medical care are included under the definition of "Medical services —
Extended care "."
Section 4: In accordance with the California Environmental Quality Act (CEQA)
Guidelines, the proposed zoning ordinance text amendment is exempt pursuant to Section
15061(b)(3) of said Guidelines.
Section 5: Severability. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain
in full force and effect.
Section 6: The City Clerk of the City of Cypress shall certify to the passage and
adoption of this Ordinance and the same shall be posted as required by law and shall take effect
as provided by law.
FIRST READING at a regular meeting of the City Council of said City held on the 8th day
of April, 2013, and finally adopted and order posted at a regular eeting held on the 22nd day of
April, 2013.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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MAYOR OF THE CITY OF CYPRESS