Ordinance No. 699ORDINANCE NO. 699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 9 RESIDENTIAL ZONES OF ORDINANCE NO. 640,
THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS
AMENDMENT TO THE ZONING ORDINANCE NO. 82 -3.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION I. Section 9 Residential Zones of Ordinance No. 640, the
Zoning Ordinance of the City of Cypress, is hereby amended in its entirety
to read as follows:
SECTION 9. RESIDENTIAL ZONES
SECTION 9.0. PURPOSES
275
In addition to the objectives outlined in Section 1 (Purposes and Scope), the
Residential Zones are included in the zoning regulations to achieve the
following purposes:
To reserve appropriately located areas for family living at a broad
range of dwelling unit densities consistent with the General Plan
and with sound standards of public health, safety and welfare.
B. To ensure adequate light, air, privacy, and open space for each
dwelling.
C. To minimize traffic congestion and to avoid the overloading of
utilities by preventing the construction of buildings of excessive
bulk or number in relation to the land area around them.
D. To protect residential properties from noise, illumination,
unsightliness, odors, smoke and other objectionable influences.
To facilitate the provision of utility services and other public
facilities commensurate with anticipated population, dwelling
unit densities, and service requirements.
RS- 15,000 RESIDENTIAL, SINGLE - FAMILY ZONE
This zone Is intended as an area for single - family residential estates with
minimum lot sizes of 15,000 square feet and maximum densities of 2.5 dwelling
units per acre. Only those additional uses are permitted that are compli-
mentary to, and can exist in harmony with, a residential neighborhood.
RS -6,000 RESIDENTIAL, SINGLE - FAMILY ZONE
This zone is intended as an area for single - family, urban residential develop-
ment on minimum lot sizes of 6,000 square feet and maximum densities of 5.0
dwelling units per acre. Only those additional uses are permitted that are
complimentary to, and can exist in harmony with, a residential neighborhood.
RM -15 RESIDENTIAL, MULTIPLE- FAMILY ZONE
This zone is intended as an area for the development of medium density Apartments,
Condominiums, Townhouses or other group dwellings with provisions for adequate
light, air, open space and landscaped area at maximum densities of 15.0 dwelling
units per acre. Only those additional uses are permitted that are complimentary
to, and can exist in harmony with, such residential developments.
R4 -20 RESIDENTIAL, MULTIPLE - FAMILY ZONE
This zone is intended as an area for the development of Apartments, Condo-
miniums, Townhouses or other group dwellings with provisions for adequate
light, air, open space and landscaped area at maximum densities of 20.0 dwell-
ing units per acre. Only those additional uses are permitted that are compli-
mentary to, and can exist in harmony with, such residential developments.
276
SECTION 9.1 PERMITTED AND CONDITIONAL USES: R ZONES
The following uses shall be permitted uses where the symbol "P" appears and
shall be permitted uses subject to a Conditional Use Permit where the symbol
"C" appears in the column beneath each zone designation:
A. Residential Uses RS- 15,000 RS -6,000 RM -15 RM -20
1. Single - family dwellings. P P P P
2. Guest dwellings or accessory C C C C
living quarters to a single
family dwelling.
3. Manufactured dwellings. P P P P
4. Multiple- family dwellings - - P P
containing not more than
3 units.
5. Multiple- family dwellings - - C C
containing more than 3 units.
6. Condominiums, townhouses and
condominium conversions.
7. Dormitory - - C C
B. Agricultural and Related Uses RS- 15,000 RS -6,000 RM -15 RM -20
1. All types of agriculture and P
horticulture.
2. Keeping of horses and other P
farm -type animals subject to
the following conditions:
a. Such animals must be main-
tained for the personal use
of members of the family
residing on the premises.
b. No such animal may be kept
on a lot having less than
10,000 square feet in area.
c. Only one such animal may be
maintained on a lot having
less than 15,000 square feet
in area; no more than two
animals may be kept on a lot
having 15,000 to 20,000 square
feet, or four animals on a lot
having 20,001 to 30,000 square
feet, or six animals on a lot
having 30,001 square feet to
one acre in area.
d. No such animal may be kept
closer than 50 feet to an
adjoining dwelling.
e. The keeping of all animals shall
be subject to the regulations and
conditions of the Orange County
Health Department and Animal
Control Division.
4. Riding academies or riding clubs. C
S. The keeping of animals for
commercial purposes including
commercial stables.
c
6. The keeping of not more than
12 poultry and 12 rabbits for
non- commercial purposes at
least 50 feet from an adjoin-
ing dwelling.
RS- 15,000 RS -6,000 RM -15 RM -20
P
7. The keeping of poultry and C
rabbits in addition to #6 above.
8. The keeping of not more than P P P P
3 dogs or cats or any combination
thereof over the age of 6 months.
The keeping of more than 3 dogs
or cats constitutes a kennel.
9. Kennels C C C C
10. Aviaries, either indoor or P P P P
outdoor, containing a maximum
of 10 birds caged at all times.
11. Aviaries, either indoor or
outdoor, containing more than
10 birds but not exceeding
30 birds, caged at all times.
12. Other domestic household pets
deemed by the City Zoning
Inspector to be non - disruptive
to adjoining properties.
P
P
C C C
P P P
13. The keeping of wild, exotic or -
non- dom_isticated animals.
C. Public and Semi - Public Uses RS- 15,000 RS -6,000 RM -15 RM -20
1. Public or private pre - schools. C C C C
2. Hospitals
3. Churches, convents, monasteries, C C C C
and other religious institutions.
4. Public libraries and museums. C C C C
5. Public parks and recreational C C C C
facilities.
6. Public utility and public service C C C C
sub - stations, reservoirs, pumping
plants, and similar installations,
not including public utility
offices.
7. Recreational facilities such as
country clubs, tennis and swim
clubs, golf courses, with inci-
dental, limited commercial uses
which are commonly associated
and directly related to the
primary use.
8. Adult multiple family retirement
communities.
- 3
C
C C C
277
2.f 8ome Occupations RS- 15,000 RS -6,000 RM -15 RM -20
'Home occupations subject to P P P P
the provisions of Section 13.2.
E. Accessory Uses RS- 15,000 RS -6,000 RM -15 RM -20
1. Accessory structures and uses
located on the same site as a
permitted use.
2. Accessory structures and uses
located on the same site as a
Conditional Use.
P
C
P P P
C C C
F. Temporary Uses RS- 15,000 RS -6,000 RM -15 RM -20
1. Temporary uses as prescribed P P P P
in Section 13.1.
-. Model home and subdivision sales. C C C C
C. Unlisted Uses
All those uses not specifically listed
are prohibited unless determined by
the Planning Agency to be either per-
mitted or conditional uses which comply
with the objectives of this Zoning
Ordinance and the purposes of the
residential zone.
SECTION 9.2 PROPERTY DEVELOPMENT STANDARDS: RESIDENTIAL ZONES
The following property development standards shall apply to all land and
buildings, other than accessory buildings, permitted in their respective
n,;idential zones, except that any lot shown on an official subdivision
fL duly approved and recorded, or any lot for which a bonafide deed was
duly recorded prior to the date of incorporation of the City of Cypress,
may be used as a building site; excepting therefrom any lot having an area
of less than 4,000 square feet. Each building site shall have a minimum
width of 30 feet.
A. Special Requirements
1. In an RM Zone, any single -story building used for residential
purposes shall maintain a minimum setback of twenty feet (20')
from any single- family zone.
2. In an RM Zone, any two story building used for residential purposes
shall maintain a minimum setback of thirty feet (30') from any
single- family zone.
3. In the RS- 15,000 Zone, horses or cleft -hoof animals may not be kept
in the front yard setback area.
4. In any Residential Zone, additions to the original permitted structure
shall not exceed the maximum height of the original structure, exclud-
ing chimneys and roof mounted mechanical equipment, except subject to
the design review process in accordance with Section 18. Furthermore,
additions to the original structure shall be constructed to match the
existing architecture of the structure.
B. General Requirements
The following requirements are
minimum unless otherwise noted:
1. Density, maximum dwelling
units per acre.
* According to Section 65915 of
the State Planning Act, if at
least 25% of the total units
are restricted permanently for
persons and families of low or
moderate income, a "density
bonus" of 25% increase in
allowable number of units will
be permitted for developments
of 5 or more dwelling units.
2. Building site, net area in
square feet.
3. Lot width, in feet.
4. Lot depth, in feet.
5. Front yard, in feet.
6. Side yard, in feet.
7. Side yard, street side,
in feet.
8. Rear yard, in feet.
9. Structural lot coverage,
maximum.
10. Landscaped open area, minimum.
11. Building height, maximum includ-
ing chimneys, antennas and any
roof mounted equipment.
12. Dwelling size, in square feet.
13. Distance between buildings
not exceeding fifteen feet
(15') in height, in feet.
14. Distance between buildings
where one or more exceeds
fifteen feet (15') in height,
in feet.
15. Open space, recreation area
for condominium and townhome
units (patios of individual
units may be included)
5
RS- 15,000 RS -6,000 RM -15 RM -20 2 9
2.5 5.0 15* 20*
15,000
100
150
30
10
6,000 10,000 10,000
60 100
100 100
20 20
100
100
20
15 5' 5'
combined, single story
one of which
shall not be 10' 10'
less than 10. two -story
10 10 10 10
25 10 10 10
with a minimum
of 1,100 square feet of open
usable rear yard area excluding
the prolongation of the side
yard setback along the building
addition side.
35% 40% 40% 45%
N/A
35'
N/A 35% 35%
35' 35' 35'
1,500 1,200
450 bachelor
600 1- bedroom
750 2- bedroom
900 3- bedroom
10 10 6 6
10 10 10 10
400 400
sq. ft. sq. ft.
(per (per
unit) unit)
C.28Cling Requirements
In addition to satisfying the requirements of Section 14 of this
Ordinance, the minimum number of off - street parking spaces required
for each category of residential use shall be as follows:
1.
Single- Family Residential: 2 garage spaces per unit
2. Apartments /Multiple Family
Residential: (Two or more
dwelling units on one build -
ing site excluding condo -
minimums and townhomes)
Assigned Spaces per Unit:
Guest Sp=aces per Unit:
Condominiums, Townhomes,
Patio Homes and Planned
Unit Dwellings:
Assigned Spaces per Unit:
Guest Spaces per Unit:
1 covered space per bachelor unit
1 covered space plus 1/2 open space per
1- bedroom unit
2 covered spaces per 2- bedroom unit
2 covered spaces plus 1/2 open space per
3- bedroom unit
.25 unassigned open spaces per unit shall
be provided on a building site containing
four (4) or more dwelling units.
1 garage space per bachelor unit
1 garage space plus 1/2 open space per
1- bedroom unit
2 garage spaces per 2- bedroom unit
2 garage spaces plus 1/2 open space per
3- bedroom unit
.5 unassigned open spaces per unit shall
be provided on a building site contain-
ing two or more dwelling units.
SECTION 9.3 PERFORMANCE STANDARDS: RESIDENTIAL ZONES
A. In all Residential Zones, air conditioners, heating, cooling, ventilating
equipment, swimming pool pumps and heaters and all other mechanical devices,
with the exception of solar collector panels and associated plumbing, shall
be located within the rear yard area or street side yard of a corner lot.
Such equipment shall be screened from surrounding properties and streets
and so operated that they do not disturb the peace, quiet and comfort of
neighboring residents, in accordance with the City's Noise Ordinance.
Solar collector panels and associated plumbing may be roof top surface
mounted in public view provided that associated plumbing shall be painted
to match the roof surface color.
B. In all Residential Zones, required front and street side yards shall be
landscaped and shall consist predominately of plant materials except for
allowable walks, drives, and fences. Said required front and street side
yard landscaped areas shall not be used for the parking or storage of any
motor vehicle or vehicle accessory such as camper shells, trailers, motor
bikes, or other wheeled accessory or convenience, except that fully
operable licensed motor vehicles including travel trailers, utility trailers
and boats on trailers may be parked upon the required paved driveway access
to the garage structure. However, no more than one (1) paved driveway shall
be allowed per residence.
C. All required landscaping shall be permanently maintained in a neat weed
free healthy condition.
D. Where a multiple- family dwelling, including incidental or required
accessory uses, abuts property in a single - family zone, a masonry wall
six feet (6') in height and landscaping at least five feet (5') in width
shall be erected and maintained between such uses and the single - family
zone.
6
E. Manufactured Dwellings, are permitted pursuant to Section 18551 of'the
California Health and Safety Code, and subject to the same development
standards which a conventional single - family dwelling on the same lot
would be subject to, including building setback standards, side and
rear yard requirements, standards for enclosures, access, vehicle parking
and minimum square footage requirements. Manufactured dwellings shall be
architecturally compatible with adjoining single - family dwellings with
exteriors constructed to match those same materials used on adjoining
residential properties in the same zone, including roof overhang, roofing
material, and exterior finish siding or stucco.
SECTION 9.4 SIGNS, RESIDENTIAL ZONES
No sign or outdoor advertising structure shall be permitted in any "R" Zone
except as provided in Section 15.
SECTION 9.5 ACCESSORY STRUCTURES: RESIDENTIAL ZONES
A. Accessory Buildings. An accessory building, which is used either wholly
or in part for living purposes, shall meet all of the requirements for
location of the main structure.
B. Attached Structures. An accessory structure that is attached to a main
structure shall meet all of the requirements for location of the main
structure except as provided in "C" of this Section.
281
C. Canopies. Canopies, open or enclosed, or roofs attached to the main build-
ing or connecting the main building with a detached accessory building, may
extend into a required rear or interior side yard provided that portions of
such structures extending into the yard:
1. Shall not exceed ten feet (10') in height or project closer than five
feet (5') to an interior side or rear lot line;
2. Shall be entirely open on at least three sides except for necessary
supporting columns; except that a roof connecting a main building
and an accessory building shall be open on two sides.
D. Detached Structures
1. A detached structure shall meet the setback requirements of the main
building for the front and street side yard areas.
2. A detached accessory structure may be located within an interior side
yard or rear yard; provided, that when such structure is located
closer than five feet (5') to an interior side or rear lot line,
one -hour fire walls shall be required.
3. A detached structure shall maintain a minimum five foot (5') separation
from the main structure.
E. Other Structures
1. Porches, steps, and architectural features, such as eaves, chimneys,
wing walls or bay windows, may project not more than four feet (4')
into any required front or rear yard area, nor into any required
side yard area more than one -half (1/2) of said required side yard.
2. Balconies limited to second floor decks with one dimension not exceed-
ing six feet (6') in width, shall not encroach or project into any
required setback area. All other second floor decks such as sundecks
or second story patios are prohibited.
F. Swimming Pools and Spas
1. Permanently constructed non - portable swimming pools and spas shall
maintain a minimum four foot (4') setback from the interior side lot
line, rear lot line and main or accessory structure, but meet the
setback requirements of the main building for front and street side
yard setbacks. All swimming pools, spas and hot tubs whether
permanently constructed or portable, shall be enclosed by a minimum
five foot (5') high non - climbable fence with self - closing and locking
gate.
- 7 -
282
SECTION 9.6 WALLS AND FENCES: RESIDENTIAL ZONES
A. In any required front yard setback, a wall or fence shall not exceed
three and one -half feet (3 -1/2') in height.
B. A wall or fence not more than seven feet (7') in height as measured from
the highest adjacent grade, may be maintained along the side or rear lot
lines; provided that such wall or fence does not extend into the required
front yard setback.
C. A wall or fence adjacent to a driveway providing vehicular access to an
abutting lot shall not exceed three and one -half feet (3 -1/2') in height
within fifteen feet (15') of the intersection of said driveway and the
street right -of -way.
D. The provisions of this section shall not apply to a wall or fence
required by any law or regulation of the State of California or any
agency thereof.
E. Barbed wire, electrical fences, glass and other similar objects on the
top of walls and fences in any residential zone shall not be permitted.
SECTION 9.7 CONDOMINIUMS, CONVERSIONS AND COOPERATIVES
A. Pre - application Procedures
Prior to formal application for a condominium conversion or construction
of a condominium development, the applicant shall meet with the Community
Development Director or his designee to review and discuss the feasibility
of the proposed project.
B. Application Procedure
A Conditional Use Permit application shall be completed and returned to
the Community Development Director with the following documents:
1. If the application is for a condominium conversion, a report to the
City setting forth all repairs and replacements necessary, if any,
to immediately place the buildings in substantial compliance with
current Building and Safety Codes and the probable cost of such work.
Said report shall include a report prepared by a licensed mechanical
engineer verifying the condition of the mechanical elements in the
project, including but not limited to furnaces, air conditioners,
pumps, water heaters and plumbing fixtures.
2. If the application is for a condominium conversion, a pestilence
inspection and written report by a certified inspector.
3. Plot plans indicating the following:
a. Location, height, the gross floor area and proposed uses of each
existing structure and for each proposed structure.
b. Location, use and type of surfacing of all open storage areas.
c. Location and type of surfacing of all driveways, pedestrian ways,
vehicle parking areas and curb cuts.
d. Location, height, and type of materials for walls or fences.
e. Location of all landscaped areas, type of landscaping irrigation
plans and a statement specifying the method by which the land-
scaping areas shall be maintained.
f. Location of all recreational facilities and a statement specify-
ing the method of maintenance thereof.
g. Location of parking facilities to be used in conjunction with
each dwelling unit.
h. Location, elevation, and type of color of materials to be
employed and methods of illumination for signs.
- 8
- 283
4. If the application is for a condominium conversion, a comprehensive
building report which includes age, material and condition where
applicable of the following:
a. Type and age of construction.
b. Walls, interior and exterior.
c. Roof.
d. Garaging.
e. Trash disposal.
f. Drainage.
g. Laundry facilities.
h. Current maintenance activities and programs.
i. Estimated number of visiting tenants.
j. Length of existing leases and average rents.
k. Average length of tenancy for existing tenants.
1. Estimated schedule for conversion.
m. Estimated price range of converted units.
n. List of improvements contemplated.
o. Estimate of available similar housing in areas.
5. Structural elevations shall be required at the discretion of the
Community Development Director. Elevations shall indicate type of
materials used in construction, as well as method used to provide
sound insulation in all common walls.
C. Standards of Development
1. A Subdivision Tract Map for condominium development shall be prepared
and submitted to the City, in accordance with the Subdivision
Ordinance of the City of Cypress.
2. All condominiums and condominium conversions shall be developed in
accordance with dwelling unit requirements as set forth by the
Uniform Plumbing and Electrical Codes adopted by the City of Cypress.
3. All existing buildings and structures shall be made to comply with all
applicable building regulations of the City in effect at the time of
filing a Conditional Use Permit.
4. Utility systems shall exist or shall be constructed to adequately pro-
vide for individual metered utility services to all condominiums.
5. Each existing tenant of the project shall be given 180 days advance
notification of the intended termination of tenancy and offered the
right to purchase his converted multiple dwelling unit 90 days prior
to the unit being placed for sale to the general public.
D. Special Conditions
1. Copies of the required Covenants, Conditions and Restrictions,
Articles of Incorporation and By -Laws or other documents of the
owners' association or other entity which controls the common
facilities shall be submitted to the City for approval and shall
set forth the occupancy and management policies for the project,
as well as contain adequate and satisfactory provisions for
maintenance, repair -and general upkeep.
•
-9
284
2. The City may vary from any or all of these conditions as well as
those further conditions to insure compatibility of the use with
surrounding developments and uses and to preserve the public
health, safety and welfare.
E. Findings
The Cypress City Council shall make the findings contained in Section
17.2 -7 hereof prior to the granting of a Conditional Use Permit for
condominium(s) or condominium conversions.
SECTION II. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person
or place, is for any reason held to be invalid or unconstitutional by the
decision of any court or competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance or its application to
other persons or places. 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,
or the application thereof to any person or place, be declared invalid or
unconstitutional.
SECTION III. The City Clerk is hereby authorized and directed to certify
as to the adoption of this Ordinance and to cause copies hereof 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 8th day of November. 1982 and finally adopted and ordered posted at a
regular meeting of said Council held on the 22nd day of November 1982.
ATTEST:
a'411
MAYO
CITY' CLERK OF HEC ITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
CIT •F CYPRESS
I, DARRELL ESSEX, 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 22nd day of November 1982, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Mullen, Partin, and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Kanel
CITY CLERK OF THE /CITY OF CYPRESS