Ordinance No. 456ORDINANCE NO. 456
AN URGENCY ORDINANCE OF THE CITY OF CYPRESS RECOMMENDING
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY
OF CYPRESS PROVIDING FOR INTERIM STANDARDS FOR MULTIPLE FAMILY
DEVELOPMENT IN HIGH DENSITY MULTIPLE- FAMILY RESIDENTIAL ZONE
(R -4).
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1:
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)
is amended in full to read:
Sec. 110.0 Description and Purpose.
This zone is intended to provide for the development of 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 high density apartments with adequate space
for cooperatively used facilities and open area.
Sec. 110.2 Permitted Buildings and Uses.
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. Churches - subject to a Conditional Use Permit.
B. 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.
F. Private, non - profit, recreational facilities, subject to
obtaining a Conditional Use Permit.
G. Mobilehome Courts, minimum area seven (7) acres, subject to
'obtaining a Conditional Use Permit.
H. Condominiums and similar types of development subject to
obtaining a Conditional Use Permit.
I. Rooming and boarding houses and foster homes for any number of
guests, subject to obtaining a Conditional Use Permit.
Sec. 110.3 (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
- 1 -
and further provided that a gutter or other device to prevent drainage onto the
adjacent lot is installed thereon. If no such wa.11 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. 110.3 (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. 110.4 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: Fourteen hundred (1,400) square feet.
Sec. 110.5 Building or Structural Height Limitations
The maximum building or structural hei0t of any buildings other than
accessory buildings shall be two and one -half (21) 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 recreational purposes shall not be defined as
accessory buildings. Where an R -4 lot less than two (2) acres in size abuts an
R -S or R -1 Zone, the structural height of any buildings other than accessory
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 -4 lot, two acres or greater in size, abuts an R -S or R -1 Zone, the
structural height of any buildings other than accessory buildings shall be limited
as follows:
A. Within one - hundred (100)
one (1) story or twenty (20) feet
feet of an R -S or R -1 Zone boundary:
whichever is the lesser.
B. Between one- hundred (100)
R -S or R -1 Zone boundary: two and
(35) feet whichever is the lesser.
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.
feet and two hundred (200) feet of an
one -half (21) stories or thirty -five
Accessory buildings shall be limited to one (1) story or fifteen (15) feet,
whichever is the lesser. These setbacks 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 setbacks, in which case
the setbacks shall be 20 feet front, 10 feet sides, and 10 feet rear, measured
from the property line.
Sec. 110.6 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.
2
4.21
Sec. 110.7 Yard Regulations
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 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 driveway.
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 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.
E. Landscaped Buffer Yard
Each lot in an R -4 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 landscaping shall
include trees (minimum fifteen (15) gallon size) as the City of Cypress may
specify.
Sec.110.8 Coverage
The minimum non - vehicular open area shall be forty percent (40 %) 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 of ten (10) feet from the side or
rear property line and twenty (20) feet from the front property line.
Sec. 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 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. 110.10 Minimum Distance Between Buildings
The,minimum distance between the exterior walls of buildings shall be main-
tained for light and air penetration, as follows:
A. No exterior wall of any building shall be located closer than ten
(10) feet from an exterior wall of any other building.
B. In cases where building walls generally facing each other are
located within a distance of less than twenty (20) feet, windows and other
- 3 -
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 of distance shall be maintained
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.,
Sec. 110.11 Off- Street Parking
R -4 -- 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 -4 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 carposts are considered as "under cover" parking.
6. All "under cover" parking spaces 13;.ated within eighty (80)
feet of the front property line shall be garages.
Sec. 110.12 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, snd 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.
(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 architect
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 architectural concept.
Size, color, lettering, location and arrangement shall
be harmonious with the building design, and shall be
designed to be compatible with signs on the adjoining
buildings. Signs shall have good proportions.
(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.
Identification signs of a prototype design shall conform
to the criteria for building and ground signs.
(3)
(4) Materials used in signs shall have good architectural
character and be harmonious with building design and
surrounding landscape
(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 the 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 Commission. The height of the
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,
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.
SECTION 2:
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 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 have been considering and studying the usability of land within
the R -3 and R -4 Zones of the City of Cypress for the purpose of amending Ordinance
No. 90 with respect to the standards for development within such zones. Although
said consideration and study relating to the uses of land within the R -3 Zone
has been substantially completed and amendments to Ordinance No, 90 relative to
said R -3 Zone have been proposed by the Planning Commission, further study by
the City Council, the Planning Commission and the Planning Department of the
City of Cypress relating to the uses cf land within the R -4 Zone is necessary
before amendments to Ordinance No. 90 concerning said Zone can be proposed. Thus,
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
proposals.
SECTION 4:
If any section, subsection, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such invalidity or unconstitution-
ality 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 pre-
pared, proposed, adopted, approved and ratified irrespective of the fact that one
or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 26th day of July, 1971.
6
1 .
MAYOR OF THE CITY OF CYPRE
i
1 Z
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Urgency Ordinance was duly adopted at a regular meeting of the said
City Council held on the 26th day of July, 1971, by the following roll call vote:
AYES: 4 COUNCILMEN: Kanode, Lacayo, Roberts and Kanel
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
CITY RK F THE TY OF CYPRESS
7