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of the Code of the City of Cypress is hereby repealed.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
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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
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