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Ordinance No. 953114 ORDINANCE NO. 953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA AMENDING APPENDIX I, ZONING, OF THE CODE OF THE CITY OF CYPRESS AND AMENDING SECTION 9 TO ESTABLISH AN RS -5,000 RESIDENTIAL SINGLE - FAMILY ZONE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Cypress finds and determines that a new RS- 5,000 Residential Single - Family Zone is needed to address future development needs within the City as properties begin to recycle. SECTION 2: Section 9.0 Purposes. is hereby amended by adding a third paragraph following subsection E to read as follows: RS-5,000 Residential Single- Family Zone. This zone is intended as an area for small -lot single- family, urban residential development at maximum density based on one (1) dwelling unit per 5,000 square feet of gross lot area with fractional units above 0.51 rounded up. Small -lot, single - family detached developments including zero lot line, where dwelling units may be built to the property line on one (1) side only, or conventional developments are appropriate. Development may incorporate common areas for driveway /private road, parking, and recreational areas. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a residential neighborhood. SECTION 3: Section 9.1 Permitted and conditional uses: Residential zones. is hereby amended by adding a column for RS -5, 000 to follow the RS -6,000 listing and allowing the same uses as RS- 6,000, except that single- family dwelling shall be a "C" permitted use subject to a conditional use permit instead of a "P" permitted use. SECTION 4: Subsection B. General Requirements of Section 9.2. Property development standards: Residential zones. is hereby amended by adding a column for RS -5, 000 to follow RS- 6,000 with the following standards: RS -5, 000 1. Density, maximum dwelling units per acre 8.712 2. Building site, net area in square feet 10,000 3. Lot width, in feet 50 4. Lot depth, in feet 80 2 5. Front yard, in feet 10 from edge of private drive, except garages shall be 20 6. Side yard, in feet 7. Distance between buildings not exceeding 15 feet in height, in feet 8. Distance between buildings where one or more exceeds 15 feet in height, in feet 9. Side yard, street side, in feet can go to zero (0) on one side only, must maintain required distance from building on adjacent lots (see distance between buildings standards that follow) 10 15 15 from public street r -o -w 10. Rear yard, in feet 11. Structural lot coverage, maximum 12. Landscaped open area, minimum 13. Building height, maximum including any chimneys, antennas and any roof mounted equipment, in feet 14. Dwelling size, in square feet 15. Open space, recreation area for condominium and townhome units (patios of individual units may be included) 15 40% of lot area excluding the common private drive see additional performance standards 30, two story maximum 1,100 1 round up provision may allow for greater density per acre. 2 can be measured from centerline of private road /access driveway SECTION 5: Subsection C. Parking Requirements of Section 9.2. Property development standards: Residential zones. is hereby amended by renumbering paragraph; 2 and 3 to paragraphs 3 and 4 respectively, and adding a new paragraph 2 to read as follows: 2. Small -lot single - family residential two (2) enclosed garage spaces and two (2) open spaces per unit, plus one (1) unassigned open guest space per unit located within the project. The two (2) open spaces per unit may be located on the individual driveway leading to the two (2) car garage. SECTION 6: Section 9.9 of the Zoning Code of the City of Cypress is hereby added to read as follows: Section 9.9 Additional performance standards for small -lot single - family development. 1. Decorative paving for private roads /access driveways shall be encouraged. Widened entrances at the point of intersection of the public street with the private roads /access shall be encouraged. Private roads /access driveways wider than the minimum of 24 feet shall be encouraged. Projects consisting of fifteen (15) or more dwelling units shall provide internal sidewalks adjacent to the private road. Access onto the adjoining public street shall be limited. Use of joint access between projects is encouraged. 2. Perimeter setbacks shall be increased to a minimum of fifteen (15) feet where adjacent property is zoned RS- 6,000. Included within the fifteen (15) foot setback shall be a minimum five (5) foot buffer area. This buffer area shall consist of upright trees and shrubs. 3. Houses shall be oriented to maximize privacy. 4. Long continuous rows of identical houses shall be avoided. 5. Varied streetscape is encouraged both along public streets and private roads /access driveways. 6. Front setbacks shall be varied where possible. Elevations of houses visible from the adjoining public street shall be carefully detailed utilizing roof and facade articulation to create visual interest and scale. 7. Open space shall be devoted to landscaping, patios, walkways and -2- 116 recreational areas and facilities. Private open space shall consist of a minimum of 600 square feet, with no dimension less than ten (10) feet, per each dwelling. In projects consisting of fewer than fifteen (15) dwelling units, no common open space is required. In projects of fifteen (15) dwelling units or more, a common recreational open space area shall be provided. This common recreational open space area shall be a minimum area of 100 square feet per dwelling unit. 8. Masonry walls at least six (6) feet in height shall be required along the rear and side property lines. 9. Maintenance of common facilities including common open space and private roads /access driveways shall be provided for through legal instruments setting forth a plan or manner of permanent care and maintenance. Copies of the required covenants, conditions and restrictions, articles of incorporation and by -laws, or other documents of the owner's association or other entity which controls the common facilities shall be submitted to the City for approval. SECTION 7: If any section, subsection, subdivision, sentence, clause or phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section; subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8: The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three (3) public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 13th day of May , 1996 and finally adopted and order posted at a regular meeting held on the 28th day of May , 1996. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS MAYOR OF THE CITY OF CYPRESS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California 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 28th day of May , 1996, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Carroll, Kerry and Bowman NOES: 1 COUNCIL MEMBERS: Jones ABSTAINED: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS