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Ordinance No. 1111492 ORDINANCE NO. 1111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN AMENDMENT TO THE LINCOLN AVENUE SPECIFIC PLAN SECTIONS AS FOLLOWS: SECTION 4.3, LAND USE CHARACTER AND EXHIBIT 3, LAND USE MAP; SECTION 4.4, TABLE 1, PERMITTED LAND USE MATRIX; AND SECTION 4.5, TABLE 2, DEVELOPMENT STANDARDS MATRIX, BY ADDING A NEW R30 RESIDENTIAL DISTRICT WITH A MAXIMUM DENSITY OF 30 DU /ACRE AND ADDING CORRESPONDING DEVELOPMENT STANDARDS; INCREASING THE MAXIMUM DENSITY IN THE RM DISTRICT TO 30 DU /ACRE; ALLOWING RESIDENTIAL DEVELOPMENTS BY RIGHT IN THE RM AND R30 DISTRICTS; ALLOWING COMMUNITY CARE FACILITIES BY RIGHT IN DISTRICTS PERMITTING RESIDENTIAL USES; AND ADDING EMERGENCY SHELTERS TO THE PERMITTED USES IN THE CM DISTRICT OF THE SPECIFIC PLAN AREA. WHEREAS, State housing law requires sites designated for affordable housing, in the Housing Element of the General Plan, must permit densities of up to 30 dwelling units per acre; and WHEREAS, the adopted (and State certified) 2008 -2014 Housing Element of the Cypress General Plan identifies specific properties located in the Lincoln Avenue Specific Plan area as potential sites for providing the new affordable housing development required by the State; and WHEREAS, Housing Programs 14, 14a, and 14b of the 2008 -2014 Housing Element of the Cypress General Plan stipulate that the Lincoln Avenue Specific Plan will be amended to increase the maximum residential density from 20 to 30 units per acre in the existing RM District, to create a new R30 Residential (30 DU /ACRE) District, and to allow residential development by right in the RM and R30 Districts; and WHEREAS, Housing Program 17 of the 2008 -2014 Housing Element of the Cypress General Plan stipulates that the Lincoln Avenue Specific Plan will be amended to permit emergency shelters in the existing CM District; and WHEREAS, a Mitigated Negative Declaration was prepared and noticed according to the requirements of the California Environmental Quality Act (CEQA) guidelines; and WHEREAS, a duly noticed public hearing for consideration of this specific plan amendment was held by the City Council of the City of Cypress on the 26th day of October, 2009; 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 Council discussion, a motion was made to approve the Lincoln Avenue Specific Plan Amendment as proposed and stipulated herein and in the attached Exhibit "A ". NOW, THEREFORE, the City Council of the City of Cypress does HEREBY ORDAIN as follows: SECTION 1: The Lincoln Avenue Specific Plan, Section 4.3, Land Use Character, shall be amended to add a new R30 — Residential Only District on the Specific Plan Land Use Map, Exhibit 3, as provided on Exhibit "A" attached to this Ordinance. SECTION 2: The Lincoln Avenue Specific Plan, Section 4.3, Land Use Character, shall be amended to add a description of the new R30 — Residential District of the Specific Plan to read, in its entirety, as follows: "Residential (30 DU /Acre) The Residential (R30) District encompasses three designated parcels (totaling 4.8 acres) located on the south side of Lincoln Avenue, east of Denni Street. These sites are intended for exclusively high density residential development (20 to 30 dwelling units per acre) by right." SECTION 3: The Lincoln Avenue Specific Plan, Section 4.4, Table 1, Permitted Land Use Matrix, shall be amended to add a new column for the new R30 District and to permit high density residential development by right in the RM and R30 Districts only, as provided on Exhibit "B" attached to this Ordinance. 493 SECTION 4: The Lincoln Avenue Specific Plan, Section 4.4, Table 1, Permitted Land Use Matrix, shall be amended to allow Community Care Facilities to be permitted by right in districts permitting residential uses, as provided on Exhibit "B" attached to this Ordinance. SECTION 5: The Lincoln Avenue Specific Plan, Section 4.4, Table 1, Permitted Land Use Matrix, shall be amended to add a new row for Emergency Shelter uses to be permitted by right in the CM District only, with a reference to Footnote 10 (subject to the standards of the Cypress Zoning Code) as provided on Exhibit "B" attached to this Ordinance. SECTION 6: The Lincoln Avenue Specific Plan, Section 4.5, Table 2, Development Standards Matrix, shall be amended to add a new column for the new R30 District to include appropriate development standards to facilitate the high density residential development at a maximum 30 units per acre in the R30 district, as provided on Exhibit "C" attached to this Ordinance. SECTION 7: The Lincoln Avenue Specific Plan, Section 4.5, Table 2, Development Standards Matrix, shall be amended to increase the maximum building height to 50 feet and the maximum density to 30 du /acre to in the RM District to facilitate high density residential development, as provided on Exhibit C" attached to this Ordinance. SECTION 8: The proposed Amendment to the Lincoln Avenue Specific Plan is consistent with the Specific Plan land use designation of the 2001 Cypress General Plan Land Use Element, as well as the 2008 Housing Element Update. SECTION 9: The Mitigated Negative Declaration was prepared for the 2009 Housing Amendments project according to the requirements of the California Environmental Quality Act (CEQA) guidelines. Development projects subject to the amended provision would be individually analyzed for CEQA compliance on a project by project basis. SECTION 10: 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 11: 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 READ at a regular meeting of the City Council of said City on the 26th day of October, 2009 and finally adopted and order posted at a regular meeting held on the 9th day of November, 2009. MA F THE OF CYPRESS ATTEST: totkaL eztAiavi CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 9th day of November, 2009, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain, and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills kkay2_ &okay) CITY CLERK OF THE CITY OF CYPRESS 2 EXHIBIT "A" 495 CITY OF CYPRESS LINCOLN AVENUE SPECIFIC PLAN 4.0 DEVELOPMENT CRITERIA Table 1 PERMITTED LAND USE MATRIX Use Commercial Mlxed:Use Downtown pus' Campus Residential Mixed Use Residential 430 'DUTAcrey .Acupuncture Clinic P P P P X Ambulance Substation C X X X X Antique Sales P P P C X Appliance Store - Large P P C1 X1 X Appliance Store - Small P P P2 C2 X Arcade C C C X X Artist Studio P P P P X Auction House C C C X X Automobile Rental Agency (with vehicle on site)3 C C C X X Automobile Rental Agency (office with no vehicles on site) P P P P X Automobile Repair Garage° C X X X X Automobile Service Station C X X X X Automobile/Truck Sales, new and used (no vehicles on site) P P P P X Automobile/Truck Sales, New and Used (vehicles on site) C X X X X Automobile Painting C X X X X Automobile Parts and Supply Store P P C X X Bakery, Retail P P P C X Bar C C C X X Barber or Beauty Shop P P P P X Bicycle Shop P P P P X Billiard Hall C C C X X Bingo Game Operations (Non - profit organizations) X X X X X 1 ' 496 CITY OF CYPRESS LINCOLN AVENUE SPECIFIC PLAN 4.0 DEVELOPMENT CRITERIA Table 1 PERMITTED LAND USE MATRIX -- CONTINUED Use Comrneraial ` , Mixed Use.- D owntow C a T gx s ° ae Resident a t Use Residential (30 DU/A+cre) • Book Store P P P P X Bowling Alley C C C X X Candy /Confectionary Store P P P P X Car Wash C X X X X Catering Service C C C C X Check Cashing Service X X X X X Church, Convent, Monastery, or other religious institution X X X X X Clothing Sales and Rental P P P5 P5 X Club or Lodge C C C C X Coin Shop P P P P X Community Care Facility P P P P P Convalescent Home or Hospital C C C X Dairy Products Store, Drive -in C C C X Dance or Karate Studio P P P X Day Care Center C C C X Department Store P P C X : -, Drug Store P P X Dry Cleaning Plant or Laundry Services C X X X X Dry Cleaning Service (may include retail plants P P P C X Educational Institution, public or private X X C C X Emergency Shelter P10 X X X X Financial Institution P P X Florist Shop P P X Fortune Telling Business X X X X Furniture Sales, Rentals, or Repairs P P P X Garden Supply Store P P P X 2 497 CITY OF CYPRESS LINCOLN AVENUE SPECIFIC PLAN 4.0 DEVELOPMENT CRITERIA Table 1 PERMITTED LAND USE MATRIX -- CONTINUED Use " Commercial ," Mixed Use Downtown Campus , Village Residential Mixed Use Residential (30 DU /Acre) Gift Shop P P P P X Grocery Store, Retail P P P C X Hardware Store P P P C X Health Club P P P C X Hobby Supply Shop P P P P X Hotel or Motel4 C C C X X Interior Decorating or Drapery Shop P P P P X Janitorial Service and Supplies P P P X X Jewelry Sales P P P P X Laundromat P P P C X Library C C C C X Liquor Store4 C C C X X Massage Parlor X X X X X Medical /Dental Office or Clinic P P P P X Mini- Market C C C X X Mortuary C C C X X Motorcycle Sales and Service C C C X X Museum C C C C X Nursery School - see Day Care Center C C C C X Nursery C C C X X Office Equipment/Supply Store P P P P X Parking Garage, Private C C C C X Pawn Shop X X X X X Pet Shop P P P C X Pharmacy P P P C X Photocopy Business P P P P X 3 498 CITY OF CYPRESS LINCOLN AVENUE SPECIFIC PLAN 4.0 DEVELOPMENT CRITERIA Table 1 PERMITTED LAND USE MATRIX -- CONTINUED Use Commercial Mixed Use Downtown :. Campus' +: , Village": .Residential mixed Use " Residential (30'.DU /Acre) Photographic Studio P P P P X Playland Associated with a Restaurant C C C X X I!M Pool Sales, Service and Supplies C C C C X Post Office Branch C C C X X Printing and Publishing C C C X X Professional Office P P P P X Public Storage Facility (Mini- warehouse) C C C X X Public Utility Service Office P P P P X Public Utility Substation, Reservoir, or Pumping Plant, not including office X X X X X Recording Studio C C C X X Recreation Facility, public or private C C C C X Recreational Vehicle Sales, Service, and Storage C X X X X Residential: Mixed Use High Density C C C C X Residential: High Density C X C P P Residential: Medium Density (Small Lot Single Family) X X X C X r- Restaurant, Drive - through, Fast Food, or with Outdoor Seating - see also "Playland" C C C X X Restaurant, Sit -down P P P C X Restaurant, With Alcohol Sales4 C C C C X Retail Sales, General P P P4 P X Reverse Vending Machine and Storage X X X X X Satellite Dish Antenna4 C C C C X Shoe Repair /Sales P P P P X Sign Painting Shop (within enclosed building - no spray booth) C C C X X Single -Room Occupancy Housings C X C X X 4 499 CITY OF CYPRESS LINCOLN AVENUE SPECIFIC PLAN 4.0 DEVELOPMENT CRITERIA Table 1 PERMITTED LAND USE MATRIX -- CONTINUED Use Commercial , Mixed Use ° Downtown campus VHlage Residential Mixed Use .Residential (30 DU /Acre) Skateboard Park C C C X X Skating Rink C C C X X Sporting Goods Store, with firearms9 C C C X X Sporting Goods Store, no firearms P P P5 P5 X Stamp Shop P P P P X Stationary Sales P P P P X Stone, Rock, and Monument Yard X X X X X Tailor Shop P P , P P X Tanning Salon X X X X X Tattoo Parlor X X X X X Taxidermist X X X X X Telegraph Office P P P C X Television Repair Shop P P P5 C X Temporary Storage Facility10 C C C X X Temporary Use (see Section 35, Division 10) P P P P P Theater, Entertainment C C C C X Theater, Movie C C C C X Tobacco Shop P P P P X Toy Store P P P P X Travel Agency P P P P X Truck and Trailer Sales, Rentals, and Service C X X X X Upholstery Shop C X X X X Variety Shop P P P P X Vehicular Storage Yard X X X X X Veterinarian Services, including Small Animal Hospital P P P C X II Video Store P P P C X 5 500 CITY OF CYPRESS LINCOLN AVENUE SPECIFIC PLAN 4.0 DEVELOPMENT CRITERIA Table 1 PERMITTED LAND USE MATRIX -- CONTINUED Key: X = not permitted Footnotes: KEY AND FOOTNOTES P = permitted C = conditional use permit required 1 - large appliance stores greater than 5,000 square feet 2 - small appliance stores up to 5,000 square feet 3 - subject to adequate parking for both rental vehicles and required parking spaces for on -site uses 4 - subject to additional special use standards in the Cypress Zoning Code 5 - 5,000 sq. feet or Tess is permitted; for over 5,000 sq. feet, conditional use permit is required 6 - subject to Air Quality Management District (AQMD) permit requirements 7 - 2,500 square feet or less is permitted; for over 2,500 square feet, conditional use permit is required 8 - subject to additional single -room occupancy standards in the Cypress Zoning Code 9 - subject to additional standards and review by Cypress Police Department 10 - subject to additional standards in the Cypress Zoning Code 6 EXHIBIT "B" • o as rel `01 b N O LC) U7 Cn M N Cr) N ti C6 M O 0 N LO 0 eF 0 M N LCD N S CO O j 6 �O �• ,C 0) 0(00. C.i) ro C Wcp 0 U 0 N O 3, °o O O d N (C) N LC) N • • ate) o a m ,0 - (0 • O Y 0 03 ft b - � U 0 N N .a T7 y — Cll 0) O LO N (C) (NI h Y Y C LL N N r U") O N (C) N w s t aa)) p > 0 ar) m ti O oU a) 4' [0 0 co - C L N O 2 .O 3 N a) 0 O Cr) N 0 LO N O N r i, .-4, O- p - ,. m c w N ri 0 Cemf�p1 co O c L"" O a) O tU CO 3 •OD N — 0) d coN cT c 0 Li J E E C N 0 O N C •3 LL E E (o 0 -C- a> CO Y �r (6 N to vN V3 Tts E C_ a) 0 To c a) v y a� 0 >^ CA `. 6 = Y w = N c E O C7 0- 123 Ca CD 'a a) -Z• E ° N 70 E (0 o a"'i a) aN) gEt_ • • • • co CU c � 0 - Z C �o 40 7 in .0 (0 To (0 (0 c C c 0)c - - C N N c) N 3 a ec 0 cc • • • 502 rem 0, • M z 05Z: • ea • • • • • • • • * Refer to the City of Cypress Zoning Ordinance. C c U co O L o = .3 Q- C N_ G) c N FP_ N c N c6 O > C C j C U O C C L O co E J �p 2 m y c CO .0 .) O 2 C E a ° a) E ° L E o .0 0 N N ici C O J co 0 E c c — L6 N .�. . '^ c . N - c co .-. 4) U co O 7 ° C C -0 U (1) �-.. - -C a a O T O C ° N c N ; L 2 U c a> 0 3 To- a) 4 N O L L N r =r O 0) 0) CO O U V 'O • U Y 'W 0. co o_ 8 L L >` >' ac n o m a) o > a rn ' ) () C N N c) 1 co LO t Cr) `) 0 U U C w ^`.- >. _ l0 c C J G) r- f'E .0 16 N O J ..L.. 0 :. a_ T :: <O C a) to -O . = O c6 U to C 0 70 U y C 0 0 [;,) 4) a) rn . E E > E c o �° Q L .� ° 0 j., 'C C N 0 _c d L N C U U h Q 3 .L... 8 h 2 � 3 E o 0 $ L E 4 o U pp [CO O) _- w y O N S o L E C p) to y '� .0 N C N .O = E d L C- L C co Q°, m m >, . . a 2 cya c Q •X O> •N O L 0 Li_ E C C N_C O U 4> N O N N =5 E € > U a) y = to N co < o C N is E O a L C C LO LO.. NC E .3 c 0 c cv v m o _o v -J m °c E C O X L2 Q C L ...0 o .E E 0 o o E cu O m 6 Q m o `m> C T 8 C O c= U) � O U 0. L N y CO U 0) H X N m y m c °' 3 E 0 U _ > N f6 co '5 N O J° N 'r o E OO co io C N .0 co O O U O .y N V O LC) U .0 .p �..M G .y y Y .c g - N ..0 O co O N ; O U _• O° X� .O C O C lU tY� 01 co d X 2 L L� f0 Lp "Q N >� `�°)E < o� > o E. =.c m 0 °= a Q o C CD CL Ea �a"i > E m 0 U = U @ > c L co 0 X ; L0 .CO - E co at co c E c cvn Q o c L co L `1 'O = 0 E L C L a) _ C N N - O> m Q rd C N C E Amended 10-26 -2009 503