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Ordinance No. 433ORDINANCE NO. 433 AN URGENCY ORDINANCE OF THE CITY OF CYPRESS REGARDING AMENDING ORDINANCE N0. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, PROVIDING FOR INTERIM STANDARDS FOR MULTIPLE- FAMILY DEVELOPMENT IN THE CITY OF CYPRESS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS: SECTION 1: Part 9 of Ordinance No. 90 as amended, consisting of Sections 109.1 through and including 109.12 regarding Multiple - Family Residential Zone (R -3 Zone), hereby are amended to read in full as follows: Section 109.1 DESCRIPTION AND PURPOSE: This Zone is intended to provide for the development of multiple- family dwellings, apartment houses, group houses, and other similar buildings. Section 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 the issuance of a Conditional Use Permit by the City Council. B. Convalescent or Rest Homes - subject to the issuance of a Conditional Use Permit by the City Council. C. Multiple - family dwelling or apartment house - subject to the issuance of a Conditional Use Permit by the City Council. D. Condominiums and similar types of development - subject to the issuance of a Conditional Use Permit by the City Council and subject to conditions set out in Section 109.10. Section 109.3 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 buildings not used for residential purposes and not to exceed one (1) story or fifteen (15) feet in height may be located on a side lot line or rear lot line provided that such building shall be located on the rear one -half of the lot and further 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. Signs may be allowed as set out in the Sign Ordinance of the City of Cypress. Section 109.4 LOT AREA AND DIMENSIONS: A, Lot Area: The minimum lot area shall be Seven thousand (7,000) square feet, except for corner lots which shall be Seventy -five hundred (7,500) square feet. B. Lot Dimensions: The minimum lot dimensions shall be: Minimum Width: Seventy (70) feet, for interior lots and Seventy -five (75) feet for corner lots. Minimum Depth: One hundred (100) feet. C. Minimum lot area per dwelling unit: The minimum lot area per dwelling unit shall be: Fifteen hundred (1,500) square feet. Section 109.5 BUILDING OR STRUCTURAL HEIGHT LIMITATIONS: The maximum building or structural height of main buildings shall be two and one-half (211) stories, or thirty -five (35) feet, whichever is the lesser, and one (1) story or twenty (20) feet, whichever is lesser, for accessory buildings. Where an R -2 Zone abuts upon an R -S, or R -1 Zone, the structural height of any building erected on such abutting or adjacent lot shall be limited to one (1) story or twenty (20) feet, whichever is the lesser, for a distance of one hundred (100) feet from the R -3 boundary abutting any of the aforementioned other zones. A Conditional Use Permit, approved by the City Council is required for any reduction of the 100 foot setback. This setback 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 100 foot setback, in which case the setbacks shall be 15 foot front, 5 foot sides, and 10 foot rear. Section 109.6 MINIMUM FLOOR AND LOT AREA OF DWELLING UNIT: In multiple - family dwelling residences and in apartment houses, the minimum floor area per dwelling unit inclusive of bathrooms and kitchens, and lot area per dwelling unit shall be: A. Bachelor apartment - Six hundred fifty (650) square feet,floor area per unit. Minimum yard area, Three hundred (300) square feet per family unit, B. One- bedroom apartment - Seven hundred (700) square feet, floor area per unit. Minimum yard area of Four hundred (400) square feet per dwelling unit. C. Two- bedroom apartment - Eight hundred (800) square feet, floor area per unit plus a minimum of One hundred fifty (150) square feet for each additional bedroom. Minimum yard area, Five hundred (500) square feet per dwelling unit Section 109.7 YARD REGULATIONS: Unless otherwise required in PART 19 of this Ordinance, or unless Optional Design Standards have been used as set out in Section 10910 of this Ordinance.: 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 fifteen (15) 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 kep 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 to keep any disabled vehicle in such front or side yard or drive. B. Side Yard. There shah 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 five (5) feet in width. A corner lot shall have a side yard abutting the street of not less than ten (10) feet. The side yard requirement shall be increased by one (1) foot for each foot of building height in excess of fifteen (15) feet when the boundary line of such R -3 property abuts on any R -S or R -1 Zone. 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, provided that the minimum yard areas are maintained as set out in Section 109.6. Accessory buildings are permitted 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. Section 109.8 COVERAGE: The maximum coverage of the lot by all structures shall not exceed fifty percent (50 %) of the lot area; provided that any patio structure which is used solely for general open use shall not be counted as a structure in ascertaining coverage, nor shall swimming pools be counted, and further provided that pat.i.os and swimming pools shall be located minimum five (5) feet from the side or rear property line and twenty (20) feet from the front pro- perty line. Coverage of the rear yard by patio or any structure shall not exceed thirty percent (30 %) of the required rear yard. Section 109.9 ACCESS 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. - 2 - Li.: Section 1091O OPTIONAL DESIGN AND IMPROVEMENT STANDARDS: When a development has been approved by the Planning Commission under the Optional Design and Improvement Standards of the Subdivision Ordinance, then such approved building sites, coverage, and yards under such Plan shall be considered as the requirements of this Ordinance. Section 109011 OFF-STREET PARKING: A. 11 spaces for every bachelor and /or 1- bedroom unit. Two spaces for every two - bedroom unit. 2.25 spaces for every three - bedroom unit and an additional .25 spaces for each additional bedroom. One space for each dwelling unit shall be under cover. B. Location of Parking Spaces All off- street parking spaces whether covered or in an open area shall be so located as to be accessible and useable 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 meets the requirements of the zone in which they are located. "Accessible" as used above in reference to a parking space not having an entrance on an alley means that there should be an unobstructive paved surfaced area extending from that parking space directly away there from for a distance of twenty -six (26) feet. Such surfaced area shall be a full width of the garage. The entire footage required should be connected by a paved driveway of 15' minimum width with a public thoroughfare. Section 109.12 MINIMUM SPACE BETWEEN BUILDINGS: The minimum space between the exterior walls of main buildings shall be as follows: A. Buildings end to end - ten (10) feet. B. No entries permitted from the space between the building ends. C. Buildings rear to end or front to end - twenty -five (25) feet between buildings: D. Buildings front to rear or rear to front - thirty -five (35) feet. E. Buildings front to front, where arranged around an open court, minimum distance between buildings, thirty (30) feet, except where there is a driveway within the court, in which event the minimum distance shall be thirty -five (35) feet. F. Buildings rear to rear - twenty -five (25) feet. SECTION 2: Part 10 of Ordinance No, 90 as amended, consisting of Sections 110.1 through and including 110,12 regarding High Density Multiple - Family Residential Zone (R -4 Zone), hereby are amended to read in full as follows: Section 110.1 DESCRIPTION AND PURPOSE: This zone is intended to stabilize and maintain the residential qualities of the district, for high density apartments with adequate space for cooperatively used facilities and open area. Section 110.2 USES PERMITTED: Only the following buildings, structures, and uses are permitted in the R -4 Zone. No buildings or structures shall be erected, structurally altered or enlarged, or land used, except for the following purposes: A. Multiple - family to the issuance B. Group dwellings the issuance of dwelling or apartment house, single structure, subject of a Conditional Use Permit by the City Council. or apartments in more than one structure, subject to a Conditional Use Permit by the City Council. 3 C. Churches, subject to the issuance of a Conditional Use Permit by the City Council. D. Convalescent or Rest Homes, subject to the issuance of a Conditional Use Permit by the City Council. Eo Private, non - profit, recreational facilities, subject to obtaining a Conditional Use Permit. F. Mobilehome Courts, minimum area seven (7) acres, subject to obtaining a Conditional Use Permit. G. Condominiums and similar types of development subject to obtaining a Conditional Use Permit, and subject to conditions set out in Section 109.10. He Rooming and boarding houses and foster homes for any number of guests, subject to obtaining a Conditional Use Permit. Section 110.3 ACCESSORY BUILDINGS AND USES: Accessory buildings and uses shall be permitted only to the extent necessary and normal to the type of uses permitted in this zone. Accessory buildings not used for residential purposes and not to exceed one (1) story of fifteen (15) feet in height may be located on a side lot line or rear lot line provided that such building shall be located on the rear one -half of the lot and further provided that a one hour fire wall shall be con- structed 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 pre- vent drainage onto the adjacent lots 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 five (5) feet. Signs may be allowed as set out in the Sign Ordinance of the City of Cypress. Section 110,4 LOT AREA AND DIMENSIONS: Lots of record on the effective date of this Ordinance, whose area or dimensions are less than those required in this Zone, may be occupied by uses permitted subject to all other restrictions and requirements which the size of the lot makes it possible to comply with. A. Lot Area. The minimum lot area shall be: Seven thousand (7,000) square feet except for corner lots, which shall be seventy -five hundred (7,500) square feet. B. Lot Dimensions. The minimum lot dimensions shall be: Minimum width of seventy (70) feet for interior lots, and seventy -five (75) feet for corner lots. Minimum depth - One hundred (100) feet. C. Minimum Lot Area per dwelling unit. The minimum lot area per dwelling unit shall be Fifteen hundred (1,500) square feet. The maximum number of mobilehome units per acre shall be twelve (12). Section 110.5 BUILDING OR STRUCTURAL HEIGHT LIMITATION: The maximum building or structural height of the main building shall be two and one -half (2 -1/2) stories, or thirty -five (35) feet, whichever is the lesser, and one (1) story or twenty (20) feet, whichever is the lesser for accessory buildings. A Conditional Use Permit is required for any height in excess of the above. When an R -4 Zone abuts upon an R -S or R -1 Zone, structural height of any building erected on it, or on such abutting or adjacent lot, it shall be limited to one (1) story or twenty (20) feet, whichever is the lesser, for a distance of one hundred (100) feet from the R -4 Zone abutting any of the aforementioned zones. A Conditional Use Permit, approved by the City Council, is required for any reduction of the 100 foot setback. This setback shall not apply to R -4 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 100 foot set- back, in which case the setbacks shall be 15 foot front, 5 foot sides, and 10 foot rear. Section 110.6 MINIMUM FLOOR AREA AND LOT AREA OF DWELLING UNIT IN MULTIPLE - FAMILY RESIDENCE AND IN APARTMENT HOUSES: The minimum floor area per dwelling unit inclusive of bathrooms and kitchens, and the minimum lot area per unit shall be: A. Bachelor apartment - 650 square feet floor area per unit. Minimum yard area Two hundred (200) square feet per living unit. - 4- 38( Lf B. One-bedroom apartment - 700 square feet floor area per unit. Minimum yard area Three hundred (300) square feet per living unit. C. Two-bedroom apartment - 800 square feet floor area per uu, plus Ltie mini- mum of One hundred fifty (150) square feet for each addition,A1 room ,1 living area. Minimum yard, Five hundred (500) square feet per itving, unit. Section 110.7 'YARD REGULATIONS: Unless otherwise required in PART 19 ,f this Ordinance, or unless Optional Design Standards have been used as set out in Section 110.10 of this Ordinance: A. Front Yard. Each lot in the R-4 Zone shall have a front yard extending across the full width of the subject property of a depth of not less than fifteen (15) feet, providing however, that any garage access facing directly onto a public street shall have a required setback of not less than twenty (20) feet. Except for access drives and walks, there shall be no structures located in a required front yard of in any 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 to keep any disabled vehicle in such front, side 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 five (5) feet in width. A corner lot shall have a side yard abutting the street of not less than ten (10) feet. The side yard requirement shall be increased by one (1) foot for each foot of building height above the first story, or fifteen (15) feet when such R-4 Zone abuts upon an R-S or R-1 Zone boundary. 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, provided that all of the area requirements of Section 110.6 are complied with. Accessory buildings are permitted 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. Section 110.8 LOT COVERAGE: The maximum coverage of the lot by all structures shall not exceed fifty percent (50%) of the lot area; provided that all yard require- ments set forth in Section 110.1 are complied with, and provided that any patio structure which is used solely for general open use shall not be counted as a struc- ture in ascertaining coverage, nor shall swimming pools be counted: and further pro- vided that patios and swimming pools be counted: and further provided that patios and swimming pools shall be located a minimum of five (5) feet from the side or rear property line, and twenty (20) feet from the front property line. Coverage of the rear yard by patio or any structure shall not exceed thirty percent (30%) of the required rear yard. Section 110.9 ACCESS: 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 pro- jections 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. Section 110.10 OPTIONAL DESIGN AND IMPROVEMENT STANDARDS: When a development has been approved by the Planning Commission, under the Optional Design and Improvement Standards of the Subdivision Ordinance, then such approved building sites, coverage and yards under such Plan shall be considered as the requirements of this Ordinance. Section 110.11 OFF-STREET PARKING: A. 1-1/2 spaces for every b.achelor and/or 1-bedroom unit. Two spaces for every two-bedroom unit. 2.25 spaces for every three-bedroom unit and an additional .25 spaces for each additional bedroom. One space for each dwelling unit shall be under cover. B. Location of Parking Spaces All off - street parking spaces whether covered or in an open area shall be so located as to be accessible and useable 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 meets the requirements of the zone in which they are located. "Accessible" as used above in reference to a parking space not having an entrance on an alley means that there should be an unobstructive paved surfaced area extending from that parking space directly away there from for a distance of twenty -six (26) feet. Such surfaced area shall be a full width of the garage. The entire footage required shall be connected by a paved driveway of 15' minimum width with a public thoroughfare. Section 110.12 MINIMUM SPACE BETWEEN BUILDINGS: The minimum space between the exterior walls of main buildings shall be as follows: A. Buildings end -to -end, ten (10) feet. B. No entries permitted from the space between building ends. C. Buildings rear -to -end, or front -to -end, Twenty -five (25) feet between buildings. D. Buildings front -to -rear, or rear -to- front, Thirty -five (35) feet between buildings. E. Buildings front -to- front, when arranged around an open court, minimum distance between buildings, Thirty (30) feet, except where there is a driveway within the court in which event the minimum distance shall be Thirty -five (35) feet. F. Buildings rear -to -rear, Twenty -five (25) feet between buildings. SECTION 3: The City Council of the City of Cypress hereby declares that the following facts constitute the urgency requiring this Ordinance to take effect as an Urgency Ordinance: The City Council, the Planning Commission and the Planning Department of the City of Cypress are considering and studying, and intend to study the uses of land within the R -3 and R -4 Zones of the City of Cypress, for the purposes of amending Ordinance No. 90 of the City with respect to the standards for multiple - family development within such zones, and the adoption of this interim Urgency Ordinance as an emergency measure is necessary to prohibit any uses which may be in conflict with such contemplated zoning proposal amending Ordinance No. 90. PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned regular meeting held on the 23rd day of June, 1970. ATTEST: %`174 CITE' CLERK OF THE ITY OF CYPRESS -6- MAYO OF THE CITY 0 CYPRESS � rtr 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at an adjourned regular meeting of said City Council held on the 23rd day of June, 1970, by the following vote: AYES: 5 COUNCILMEN: Harvey, Kanode, Lacayo, Roberts and Kanel NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CL'] OF THE, ITY OF CYPRESS