Ordinance No. 462ORDINANCE NO. 462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE BY AMENDING
PART 2, REGARDING CERTAIN DEFINITIONS, AMENDING PART 9,
REGARDING R -3 MULTIPLE - FAMILY RESIDENTIAL ZONE REQUIREMENTS,
DELETING PART 10, THE R -4 HIGH DENSITY MULTIPLE- FAMILY
RESIDENTIAL ZONE CLASSIFICATION, AMENDING PART 21, REGARDING
OFF - STREET PARKING REQUIREMENTS, AMENDING PART 24, REGARDING
PROCEDURES AND AMENDING PART 25, REGARDING GENERAL PROVISIONS,
CONDITIONS AND LIMITATIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION to
Part 2, Section 102, of Ordinance No. 90 is amended in part by the addition
of the definition:
NON- VEHICULAR OPEN SPACE shall mean all areas generally open from the
ground to the sky. Areas used for driveways or uncovered off - street parking
shall not be included within this definition. Areas under patio structures
which are open on at least seventy -five (75%) percent of their sides may be
counted as non - vehicular open space.
after the definition of "Nonconforming Use" and before the definition of
"Nursery School."
Part 2, Section 102, of Ordinance No. 90 is amended in part by the
addition of the definition:
RECREATIONAL BUILDING shall mean any building of which any part thereof,
other than a dwelling unit, shall be used, designed or equipped for, but not
limited to games, music, refreshment and facilities for serving refreshments
and for similar utility purposes.
after the definition of "Ramada" and before the definition of "Residence."
Part 2, Section 102, of Ordinance No. 90 is amended in part by the
addition of the definition:
SIDE shall mean that vertical plane extending from the ground to its
intersection with the plane of the uppermost portion of the structure.
after the definition of "Shall" and before the definition of "Sign."
SECTION 2.
Part 9. Multiple - Family Residence Zone (R -3 Zone) is hereby amended in
full to read as follows:
Sec. 109.1 Description and Purpose.
This zone is intended to provide for the development of medium high density
multiple - family dwellings, apartment houses, group houses and other similar
buildings. This zone is intended to stabilize and maintain the residential
qualities of the district, for medium high density apartments with adequate
space for cooperatively used facilities and open area.
Sec. 109.2 Permitted Buildings and Uses.
Only the following buildings, structures, and uses are permitted in the
R -3 Zone. No buildings or structures shall be erected, structurally altered
or enlarged, or land used, except for the following purposes:
A. Churches - subject to a Conditional Use Permit.
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Convalescent or Rest Homes - subject to a Conditional Use Permit.
C. Multiple- family dwellings or apartment houses consisting of a
single structure which contains not more than ten (10) dwelling
units,
D, Multiple- family dwellings or apartment houses consisting of more
than one structure or in one structure which contains more than
ten (10) dwelling units - subject to obtaining a Conditional Use
Permit,
E. Day nurseries - subject to obtaining a Conditional Use Permit,
Sec, 109°3 (A) Accessory Buildings and Uses
Accessory buildings and uses shall be permitted only to the extent necessary
and normal to the limited types of use permitted in this zone. Accessory build-
ings as used in this paragraph shall mean carports, garages, enclosed storage
buildings and laundry rooms; buildings used for recreational purposes shall not
be defined as accessory buildings. Accessory buildings shall not exceed one (1)
story or fifteen (15) feet in height and may be located on a side lot line or
rear lot line provided that a one hour fire wall shall be constructed on the
side or rear lot, line in accordance with the requirements of the Cypress building
codes and further provided that a gutter or other device to prevent drainage
onto the adjacent lot is installed thereon, If no such wall and gutter system
is provided, such accessory buildings shall not be closer than five (5) feet
to any lot line, All accessory buildings which are not a part of the main
building shall be separated from the main building by at least ten (10) feet,
Sec, 10903 (B) Recreational Areas and Buildings
Recreational areas and buildings used for recreational purposes shall be
located a minimum of one hundred (100) feet from any R -S or R -1 Zone boundary.
Sec, 109.4 Lot Area and Dimensions
A, Lot Area: The minimum lot area shall be two (2) acres except
as otherwise provided in Part 25.
B. Minimum lot area per dwelling unit: The minimum lot area per
dwelling unit shall be: Two thousand (2,000) square feet,
Sec., 109,5 Building or Structural Height Limitations
The maximum building or structural height of any buildings other than
accessory buildings shall be two and one -half (211) stories, or thirty -five
(35) feet, whichever is the lesser; however, on lots two (2) acres or larger
in size, the maximum building or structural height for any buildings other
than accessory buildings may be increased to three and one -half (311) stories
or forty -five (45) feet whichever is the lesser. Accessory buildings as used
in this paragraph shall mean carports, garages, enclosed storage buildings
and laundry rooms; buildings used for re '-reational purposes shall not be
defined as accessory buildings, Where an R -3 lot less than two (2) acres in
size abuts an R -S or R -1 Zone, the structural height of any main buildings
erected within one - hundred (100) feet of the R -S or R -1 Zone boundary shall be
limited to one (1) story or twenty (20) feet, whichever is the lesser, Where
an R -3 lot two (2) acres or greater in size abuts an R -S or R -1 Zone, the struc-
tural height of any buildings other than accessory buildings shall be limited
as follows:
A. Within one - hundred (100) feet of an R -S or R -1 Zone boundary:
one (1) story or twenty (20) feet whichever is the lesser.
B. Between one - hundred (100) feet and two hundred (200) feet of
an R -S or R -1 Zone boundary; two and one -half (211) stories or
thirty -five (35) feet whichever is the lesser,
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C. Beyond two hundred (200) feet or more of an R -S or R -1 Zone
boundary: three and one -half (31) stories or forty -five
(45) feet whichever is the lesser.
Accessory buildings shall be limited to one (1) story or fifteen (15) feet,
whichever is the lesser. These setbacks shall not apply to R -3 uses which are
separated by a dedicated public street or facility where the combined setback
and public right -of -way width are equal to the required setbacks, in which
case the setbacks shall be 20 feet front, 10 feet sides,and 10 feet rear,
measured from the property line.
Sec. 109.6 Minimum Floor Area Per Dwelling Unit
In multiple- family dwelling residences and in apartment houses, the minimum
floor area per dwelling unit inclusive of bathrooms and kitchens, shall be:
A. Bachelor or one - bedroom apartment - Seven - hundred (700) square
feet of floor area per unit.
B. Two- bedroom - Minimum eight- hundred and fifty (850) square feet,
plus a minimum of one - hundred fifty (150) square feet of living
area for each additional bedroom.
Sec. 109.7 Yard Regulations
A. Front Yard
Each lot in the R -3 Zone shall have a front yard extending across
the full width of the subject property of a depth of not less than
twenty (20) feet
Except for access drives and walks there shall be no structure located
in a required front yard or required side yard abutting the street, No
boat or trailer may be kept in said yard for a period of time in excess
of twenty -four (24) consecutive hours, nor shall it be permitted to
dismantle, repair, or keep any disabled vehicle in such front or side yard
or drive.
B. Side Yard
There shall be a side yard on each side of the lot extending from
the front yard setback to the required rear yard of not less than ten
(10) feet in width. A corner lot shall have a side yard abutting the
street of not less than twenty (20) feet.
C. Rear Yard
Each lot shall have a rear yard extending across the full width of
the lot of not less than ten (10) feet. Accessory buildings are per-
mitted in the rear yard. Any rear yard covered by structures shall be
replaced on the lot exclusive of required yard areas.
D. Other Yard Requirements are as set out in PART 25.
E. Landscaped Buffer Yard
Each lot in an R -3 Zone which abuts an R -S or R -1 Zone shall have a
sixty -six (66) feet wide yard immediately adjacent to the R -S or R -1
Zone boundary. The first twenty (20) feet of yard area measured at right
angles to the R -S or R -1 Zone boundary shall be landscaped. Such land-
scaping shall include trees (minimum fifteen (15) gallon size) as the
City of Cypress may specify,
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Sec, 109.8 Coverage
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The minimum non - vehicular open area shall be forty percent (40l) of the
lot area. Swimming pools may be counted as part of the non - vehicular open area.
Patios and swimming pools shall be located a minimum ten (10) feet from the
side or rear property line and twenty (20) feet from the front property line.
Sec, 109,9 A :cess
When a lot abuts upon an existing or proposed alley, all garages or
accessory buildings having access from the alley shall be not less than thirty
(30) feet from the opposite side of such abutting alley provided that no
projections shall be permitted over the public right -of -way. The ingress and
egress to any such garage or accessory building, housing or intended to house
any motor vehicle shall be from such abutting alley only, and not from the
street.
Sec. 109,10 Off - Street Parking
The provisions of PART 21 shall apply in determining the amount of parking
space that must be provided for each use. The parking space shall be improved
as set forth in said Part,
Sec. 109,11 Minimum Distance Between Buildings
The minimum distance between the exterior walls of buildings shall be
maintained for light and air penetration, as follows:
A, No exterior wall ct any building shall be located closer than
ten (10) Meet from an exterior wall of any other building,
Bo In cases where building walls generally facing each other are
located within a distance of less than twenty (20) feet, windows
and other openings shall be permitted only within one building
wall; the opposite wall shall remain blank,
C. Where any entries to the building are located in walls facing
each other, at least thirty (30) feet distance shall be main-
tained between such walls.
D. Where exterior walls of any building or buildings create an
inner court substantially enclosed on four sides, then such court
shall have a minimum dimension of thirty by forty feet, and no
balconies shall be permitted to encroach the minimum dimensions.
E, There shall be a landscaped buffer of seven (7) feet minimum
width between any driveway or parking area and a building wall
which contains any openings.
SECTION 3.
Sec. 121.2 of Ordinance No0 90 is hereby amended to read as follows:
Sec. 121.2 Location of Parking Spaces; Common. Facilities:
All off- street parking spaces, whether in a garage or open area, shall be
so located as to be accessible and usable for the parking of motor vehicles.
Common parking facilities may be provided in lieu of individual requirements
provided the common parking facilities have a total number of parking spaces
not less than the total number of individual requirements, less any individual
requirements actually provided, and meet the requirements of the zone in which
they are located.
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"Accessible ", as used above, in reference to a garage not having an
entrance on an alley, means that there shall be an unobstructed paved sur-
faced area extending from the garage entrance directly away therefrom for
a distance of twenty -six (26) feet for a single- family development and multiple -
family development. Such surfaced area shall be the full. width of the garage
for the entire footage required, and shall be connected by a paved drive of ten
(10) feet minimum width with the public thoroughfare for single - family develop-
ment; and fifteen (15) feet minimum width for any development exceeding three
units.
Improvements for driveways or access to garages shall be developed and
maintained as provided in the improvement standards of the City of Cypress.
SECTION 4.
Sec. 121.3 (A) of Ordinance No. 90 is hereby amended to read as follows:
A. Dwelling Units:
A -1 -- 2 spaces per dwelling unit in a garage.
A -2 -- 2 spaces per dwelling unit in a garage.
R -1 -- 2 spaces per dwelling unit in a garage.
R -2 -- 2 spaces per dwelling unit (one -half of which may be open
parking).
R -3 -- 1) Bachelor and /or 1 bedroom unit -- 2 spaces, one of
which shall be under cover.
2) 2 bedroom unit -- 2 spaces, one of which shall be
under cover,
3) 3 bedroom unit or larger -- 21 spaces, one of which
shall be under cover,
4) Guest Parking -- In the R -3 Zone, 10% of the total
required parking spaces shall be designated as guest
parking. These spaces may be open parking and they
shall be marked as guest spaces,
5) Garages or carports are considered as "under cover"
parking.
6) All "under cover" parking spaces located within eighty
(80) feet of•the front property line shall be garages.
SECTION 5.
Sec. 121,5 of Ordinance No, 90 is hereby amended to read as follows:
Sec. 121,5 Improvements:
Every lot or parcel of land used as a public or private parking area shall
be developed and maintained in the following manner:
A. Surface of parking area: Off- street parking areas shall be paved
and maintained so as to eliminate dust or mud and shall be so
graded and drained as to dispose of all surface water.
B. Border barricades: Every parking area that is not separated by
a wall from any street or alley upon which it abuts shall be
provided with a concrete or timber barrier not less than six (6)
inches in height. No portion of such barrier shall be closer
to the sidewalk line or the required yard line than thirty -six
(36) inches. Such barrier shall be securely installed and
maintained, but no such barrier shall be required across any
driveway or entrance to the parking area,
C. Lights: Any lights provided to illuminate such parking areas
shall be so arranged as to reflect any light away from any ad-
joining residential premises.
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D. Fences and walls: When abutting a residential zone, or an alley
which abuts a residential zone, except for access drives or walks,
and buildings, there shall be a solid masonry wall six (6) feet
in height erected along and immediately adjacent to the abutting
property line that is the zone boundary, Such walls shall be
erected by the developer of the parking lot, Where such a zone
boundary is a side property line, the wall shall be reduced
in height to three (3) feet within the front yard setback area
for the abutting residential zone.
E. Striping: All parking lots provided as a requirement in a commer-
cial, industrial or multiple residential district except those
lots in which there is attendant parking, shall be so arranged
and have stalls marked in such a manner as to provide for orderly
and safe loading or unloading of passengers, parking, and storage
of vehicles, "Double line" striping shall be used for marking
the open parking spaces.
F. Screening: All open parking areas located adjacent to a street
shall be screened with a three (3) feet decorative masonry wall,
plantings, berms or other innovative means,
G. A minimum of four percent (4 %) of the parking area, including
driveways, shall be landscaped, Required buffer areas or setbacks
which are landscaped and abut parking areas may be credited to
the required area to be landscaped up to one -half (1/2) of the
required amount,
SECTION 6e
Part 24, (Procedures) of Ordinance No 90 is hereby amended by adding
Section 124.23:
Sec. 124.23 Information and Exhibits
The following exhibits and information shall be furnished by the applicant
in those proceedings listed in Section 124.1,
A. Completed application form (furnished by City of Cypress),
B. Ten (10) copies of a site plan drawn to scale with full dimen-
sioning and clearly indicating the following information:
(1) Lot dimensions,
(2) All buildings and structures; location, height, size,
proposed use.:
(3) Yards and space between buildings.
(4) Walls and fences; location, height and materials.
(5) Off- street parking; location, number of spaces and dimen-
sions of parking area, internal circulation pattern,
(6) Access; pedestrian, vehicular, service, points of ingress
and egress,
(7) Loading; location, dimensions, number of spaces, internal
circulation,
(8) Lighting; location and general nature, hooding devices.
(9) Street dedications and improvements,
(10) All existing and proposed signs.
(11) Existing and proposed easements.
(12) Existing driveways.
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(13) Owner and developer of property
C. Architectural drawings showing all elevations for proposed
structures and/or buildings.
D. Architectural rendering of proposed development shall be required.
E. A three dimensional scale model for each multiple family develop-
ment with twenty (20) or more dwelling units shall be required
at the option of the Planning Commission.
F. Such other data or drawings as may be required by the Planning
Commission to make the required findings.
G. One 81" x 11" film positive of each drawing or plan submitted
as an exhibit.
H. A Land Use Map for the subject property and all adjoining pro-
perties within three hundred (300) feet.
I. A property owner map identifying all property owners within three
hundred (300) feet.
J. A list of the property owners as cited in Section 124.5.
K. Two sets of gummed labels with typed names and addresses of
those property owners cited in Section 124.5.
SECTION 7.
Part 25. General Provisions, Conditions and Limitations of Ordinance
No. 90, is hereby amended by adding Section 125.26 and Section 125.27.
Sec. 125.26 Development Standards for Multiple Family Developments
Every lot or parcel of land developed with multiple - family dwellings or
apartment houses shall comply with the following provisions:
A. All equipment located on the roof shall be architecturally
screened.
B. Trash and rubbish areas shall be enclosed on at least three
(3) sides with masonry enclosures, minimum five (5) feet high.
C. Each carport shall have a storage locker.
D. All buildings used primarily for residential purposes shall be
constructed according to FHA sound - proofing standards.
E. Landscaping:
(1) All landscaped areas shall be provided with automatic
permanent watering systems.
(2) All plantings shall be kept watered, fed, cultivated,and
pruned as required to give a healthy and well groomed
appearance during all seasons.
(3) Plant material shall be selected for interest in its structure,
texture, and color and for its ultimate growth. Plants that
are indigenous to the area and others that will be hardy,
harmonious to the design, and of good appearance shall be used.
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(4) In locations where plants will be susceptible to injury
by pedestrian or motor traffic, they shall be protected
by appropriate curbs, tree guards or other devices.
(5) All landscaping plans shall be prepared by a registered
landscape architect,
F. All open off - street parking areas shall be buffered on one side
by a minimum three (3) feet wide planting strip which shall be
landscaped with trees (minimum 15 gallon size) on eighteen feet
centers. The type of trees shall be specified by City of Cypress.
In the case of "end" spaces, two sides shall be buffered with
three (3) feet wide planting areas.
G. Trees designated as "Landmark Trees" by the Townscape /Urban
Design /Open Space Element of the Cypress General Plan shall be
preserved.
H. All exterior lighting shall be directed away from adjoining
developments.
I. All exterior elevations shall be designed by a licensed archi-
tect and the whole building shall be designed in the manner which
carries out all elements of the building design style on all
sides of the structure.
J. Signs:
(1) Wall signs shall be part of the
color, lettering, location, and
nious with the building design,
be compatible with signs on the
shall have good proportions,
architectural concept. Size,
arrangement shall be harmo-
and shall be designed to
adjoining buildings. Signs
(2) Ground signs shall be designed to be compatible with the
architecture of the building. The same criteria applicable
to wall signs shall apply to ground signs.
(3) Identification signs of a prototype design shall conform
to the criteria for building and ground signs.
(4) Materials used in signs shall have good architectural
character and be harmonious with building design and sur-
rounding landscapes
(5) Every sign shall have good scale in its design and in its
visual relationship to buildings and surroundings.
(6) Colors shall be used harmoniously and with restraint.
Excessive brightness and brilliant colors shall be avoided.
Lighting shall be harmonious with the design. If external
spot or flood lighting is used, it shall be arranged so
that light source is shielded from view.
K. Except as otherwise provided by the Planning Commission any
multiple - family development shall be separated from adjoining
properties by a solid wall of masonry block or other approved
suitable material approved by the Secretary of the Planning Com-
mission. The height of this wall shall be in accordance with
Sections 125.7 through 125,9 of the Zoning Ordinance No. 90
as amended. As an alternate, the Planning Commission may require
an appropriate landscape screen.
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L. Recreational Buildings and Areas:
(1) Recreational buildings and areas shall be located so as
to not be detrimental to adjoining residents and properties.
(2) Recreational buildings on properties adjacent to R -S or
R -1 Zones shall have no openings on the side or sides adjacent
to the R -S or R -1 Zone.
(3) The recreational buildings shall be sound- proofed per FHA
standards.
M. All development shall adhere to the policies set forth in the
statement of community design goals and criteria.
Sec. 125.27 Development Standards for Day Nurseries
The following standards shall apply to all Day Nurseries developed in
those zones which permit them:
A. GENERAL. Day nurseries shall be subject to the regulations
specified in this Part, and to such additional regulations and
conditions as may be specified in the Conditional Use Permit
authorizing the same. No person to whom any such regulation
or condition is applicable shall fail to comply therewith.
B. HOURS OF OPERATION. The hours of operation of day nurseries
shall be fixed in the granting of the Conditional Use Permit.
C. MINIMUM AREA. Day nurseries shall have a minimum lot area of
not less than ten thousand (10,000) square feet,
D. REQUIRED YARDS. Day nurseries must meet the minimum yard re-
quirements for the zone in which they are located.
E. OUTDOOR PLAY AREA. An outdoor play area of at least one thousand
(1,000) square feet shall be provided on the site, plus an
additional one hundred (100) square feet of play area for each
child in excess of ten (10). All such play areas shall be in
addition to all required yards.
F. PASSENGER FACILITIES. Facilities for delivering of children
for day nursery care shall be designed in such a manner as not
to obstruct adjoining properties,
G. LANDSCAPING AND FENCING. Landscaping and adequate fencing of the
type, size and material specified shall be provided at all locations
deemed necessary by the Planning Commission.
H. OFF- STREET PARKING. Off street parking shall be provided at the
rate of one (1) space per employee with a minimum of two (2)
spaces in addition to that normally required in a residence.
Employee parking shall be provided on the site but not within
any required yards, or play area Said parking area shall be
screened from the street by either a masonry wall or landscaping
and shall be subject to the approval of the Planning Commission.
Parking areas shall conform to adopted City standards.
I. PROXIMITY TO LIQUOR ESTABLISHMENTS. A Conditional Use Permit may
be denied for any day nursery located or proposed to be located
without six hundred (600) feet of any establishment serving or
selling alcoholic beverages.
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J. CONFORMANCE WITH AREA. The exterior of any day nursery shall
conform generally with the improvements of the surrounding area.
K. INSPECTION. The premises of any day nursery shall be subject to
City inspection at any reasonable time to insure compliance with
the foregoing conditions.
L. CONFLICTING REGULATIONS. In case of conflict between State Law
and any condition imposed by the City, the more restrictive shall
govern.
SECTION 8.
The provisions of this Ordinance, to the extent they are in conflict
with the previous provisions of Ordinance No. 90, shall not apply to uses
permitted by Conditional Use Permits which have been finally approved
prior to the effective date of this Ordinance.
SECTION 9.
If any section, subsection, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity or constitutionality
of the remaining portions of this ordinance, it being hereby expressly
declared that this ordinance, and each section, subsection, sentence,
clause or phrase hereof would have been prepared, proposed, adopted,
approved and ratified irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases be declared invalid or uncon-
stitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 9th day of August, 1971.
ATTEST: ,
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CY4'RESS
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 9th day of August, 1971, by the following roll
call vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAINED:1
COUNCILMEN: Kanel, Kanode, Lacayo and Roberts
COUNCILMEN: None
COUNCILMEN: None
COUNCILMEN: Harvey
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CITY CLERK OF THE CITY OF CYPRESS
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