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
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Amended 10-26 -2009
503