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Ordinance No. 606ORDINANCE NO. 606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE, TO PROVIDE FOR THE INCLUSION OF CONDO- MINIUMS AND CONDOMINIUM CONVERSIONS AMONG THE PERMITTED USES IN THE MULTIPLE RESIDENTIAL ZONE OF THE CITY OF CYPRESS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8 of Ordinance No. 559 is hereby amended to add the following definitions: APARTMENT shall mean a dwelling in a structure designated, built, rented, let or hired out to be occupied or used, to house two or more families living indpendently of each other and doing their cooking in the said dwelling. CONDOMINIUM shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A condominium may include, in addition, a separate interest in other portions of such real property. CONDOMINIUM CONVERSION shall mean the development of land and existing structures as a condominium, regardless of the present or prior use of such land or structure, and regardless of whether substantial improvements have been made to such structures. Section 2. Section 9.1A of Ordinance No. 559 is hereby amended to add the following uses subject to a Conditional Use Permit: RS -15000 RS -6000 RM -20 /A 9. Condominiums and Condominium Conversions - - C Section 3. Section 9.2B is hereby amended to add the following develop- ment standards. 15. Open space, recreation area for condominium units (patios of individual units may be included) RS -15000 RS -6000 RM -20 /A - 400 sq. ft. (per unit) Section 4. Section 9.7 is hereby added to Ordinance 559 to read as follows: SECTION 9.7 CONDOMINIUMS AND CONVERSIONS The City Council finds and determines that condominiums differ from apartments in numerous respects including design, construction and maintenance controls and that it is necessary for standards controlling both the conversion and the development of condominiums be adopted for the benefit of the public health, safety and welfare. Thus, it is the purpose of this Section to provide reasonable standards for the location, design and development of condominiums and condominium conversions. A. Pre - Application Procedures Prior to formal application for a condominium conversion or construction of a condominium development, the applicant shall meet with the Planning 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 Planning 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 landscaping areas shall be maintained. f. Location of all recreational facilities and a statement specifying the method of maintenance thereof. g. Location of parking facilities to be used in conjunction with each dwelling unit. h. Location, elevation, and type and color of materials to be employed and methods of illumination for signs. 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. 245 246 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. Structure elevations shall be required at the discretion of the Planning 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 Tentative Tract Map for a 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 provide for individual metered utility services to all condominiums. 5. Each existing tenant of the project shall be given 120 day notification of the intended condominium conversion and the right to purchase his converted multiple dwelling unit prior to the unit being placed for sale. 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. 2 A minimum of two parking spaces within a completely enclosed garage shall be provided for each dwelling unit. An additional parking space for guests shall be provided for each two dwelling units. Guest parking spaces may be open. For new developments, the garage shall be located on the same lot as the condominium unit or it shall be constructed as an integral part of the condominium unit. 3. 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 Planning Commission shall make the findings contained in Section 17.2.7 of Ordinance 559 prior to the granting of a Conditional Use Permit for condominium(s) or condominium conversions. FIRST READ at a regular meeting of the City Council of said City held on the llth day of October 1977, and finally adopted and ordered posted at a regular meeting of said Council held on the 24th day of October 1977. MAYOR OF THE C/tTY OF CYPRESS ATTEST: /i1 (/ f ( CITY CLERK 0l THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 24th day of October 1977; by the following roll call vote: AYES: 3 COUNCILMEN: MacLain, Sonju and Hudson NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo CITY CLERK 6F THE --CITY OF CYPRESS