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Ordinance No. 849418 ORDINANCE NO. 849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO THE ZONING ORDINANCE NO. 90 -2 TO PROVIDE FOR THE REGULATION AND SITING OF COMMUNITY CARE FACILITIES WITHIN THE CITY OF CYPRESS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION I. Section 9.1C(2) of Appendix I, "Zoning," of the Code of the City of Cypress is hereby repealed. SECTION II. Section 8, "Definitions," of Appendix I, "Zoning," of the Code of the City of Cypress, "Community Care Facility," is hereby amended to read as follows: "Community Care Facility shall have the same meaning as set forth in Health and Safety Code Section 1502(a) and include any facility, place, or building which is maintained and operated to provide non - medical residential care or services for developmentally disabled residents. A residential community care facility shall mean a duly licensed community care facility which does not exceed a maximum of six (6) residents and shall be deemed a residential use pursuant to Health and Safety Code Section 1566.3. Community care facilities which serve more than six (6) residents may be permitted in multi - family and commercial zones, subject to a conditional use permit, and provided the number of residents in the facility does not exceed the density for that zone and the property in which the facility is to be located." SECTION III. Section 9.1A, "Permitted and Conditional Uses: Residential Zones," of Appendix I, "Zoning," of the Code of the City of Cypress is hereby amended by the addition of subsection 9.1A8 and 9.1A9 to read as follows: RS- 15,000 RS -6,000 RM -15 RM -20 "A. Residential Uses: 8. Residential Community Care Facility Serving Less than six (6) residents P P P p 9. Community Care Facility serving more than six (6) residents C C" SECTION IV. Section 9.3, "Performance Standards: Residential Zones," of Appendix I, "Zoning," of the Code of the City of Cypress is hereby amended by the addition of subsection G to read as follows: 449 "G. The City Council shall condition the use of any multi - family zoned property to be used as a Community Care Facility serving more than six (6) residents sufficiently to ensure the facility is compatible with the surrounding property and neighborhood uses. However, said conditions shall be compatible and comparable to the types of conditions imposed upon multi- family residential uses. The City Council shall deny the Conditional Use Permit if the Council finds, pursuant to Health and Safety Code Section 1520.5, that an overconcentration of such facilities, as defined in said Section of the Health and Safety Code, or that Section 1564 of the Health and Safety Code would be violated. The City Council may deny a Conditional Use Permit if it finds that the use cannot be conditioned to make it compatible with surrounding uses. Once granted, any violation of Health and Safety Code Sections 1564 shall be cause for revocation of said Conditions Use Permit." SECTION V. Section 10.1 B, "Permitted and Conditional Uses," in commercial zones of Appendix I, "Zoning," of the Code of the City of Cypress are hereby amended by the addi- tion of Subsection B 19.5 to read as follows: "OP- CN- CG- CH- 10000 10000 10000 10000 B. General commercial uses 19.5 Community Care Facilities serving more than six (6) residents C C" SECTION VI. Section 10.7, "Performance Standards; All Commercial Zones," of Appendix I, "Zoning," of the Code of the City of Cypress is hereby amended by the addition of subsection G to read as follows: "G. The City Council shall condition the use of any commercial property to be used as a Community Care Facility serving more than six (6) residents sufficiently to ensure the facility is compatible with surrounding uses. The City Council shall deny the Conditional Use Permit if the Council finds, pursuant to Health and Safety Code Section 1520.5, than an over concentration of said facilities exists in any neighborhood as overconcentration is defined in said section of the Health and Safety Code, or that Section 1564 of the Health and Safety Code would be violated. The City Council may deny a Conditional Use Permit if it finds that the use cannot be conditioned to make it -2- 450 compatible with surrounding uses. Once granted, any violation of Health and Safety Code Section 1564 shall be cause for revocation of said Conditional Use Permit." SECTION VII. If any section, subsection, subdivision, sentence, clause, 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, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION VIII. The City Clerk is hereby authorized and directed to certify as to the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 23rd day of April , 1990 and finally adopted and order posted at a regular meeting held on the 14th day of May , 1990. . OF THE C TY 0 CYPRESS ATTEST: CIT LEf // THE C TY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, DARRELL ESSEX, 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 14th day of May , 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 1 C vr CITY CLERK THE c Y OF CYPRESS -3-