Ordinance No. 976222
ORDINANCE NO. 976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA AMENDING THE CYPRESS MUNICIPAL CODE BY
COMPREHENSIVELY AMENDING APPENDIX I, ZONING.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Cypress finds and determines as follows:
A. The State of California Government Code §§ 65800 et. seq. enables cities to enact zoning
regulations to implement their general plans;
B. Appendix I of the Code of the City of Cypress contains the zoning regulations for the City of
Cypress, and this Appendix has not been comprehensively amended since 1979.
C. A concise, user - friendly zoning code is vital to the administration of the City's land use
regulations; therefore it is necessary to completely reorganize the regulations contained in
Appendix I.
D. Additions consisting of second unit standards, a new Planned Community (PC) Zone, alcoholic
beverage sales use findings and conditions, satellite dish antenna exemptions and a renewal
process for Development Review Committee applications along with modifications to group
home and community care facilities standards, mobile home park zone standards, apartment
parking requirements and landscape standards are necessary to ensure compliance with State
and Federal Law and consistency with Cypress City policy.
E. The proposed changes to the zoning regulations have been reviewed according to the California
Environmental Quality Act (CEQA) and a Negative Declaration has been adopted for this
project.
Accordingly, the City Council of the City of Cypress hereby amends the Code of the City of
Cypress as follows:
SECTION 2. Appendix I of the Cypress Municipal Code is hereby repealed in its entirety.
SECTION 3: Appendix I, attached hereto in Exhibit "A," is hereby enacted as Zoning Code of the
City of Cypress.
SECTION 4: If any section, subsection, subdivision, sentence, clause or phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. 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, subdivision, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 5: The City Clerk is hereby authorized and directed to certify as the passage of this
Ordinance and to give notice thereof by causing copies of this Ordinance 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 27th day of
April , 1998 and finally adopted and order posted at a regular meeting held on the llth
llth day of May , 1998.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR THE TTY OF CYPRESS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City
of Cypress, held on the 11th day of May , 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS.: Bowman, Carroll , Keenan, Piercy
and Jones
NOES: 0 COUNCIL MEMBERS : None
ABSTAINED: 0 COUNCIL MEMBERS : None
ABSENT: 0 COUNCIL MEMBERS : None
2
CLERK OF THE CITY OF CYPRESS
223
224
Table of Contents
APPENDIX I
ZONING
Page
SECTION 1. GENERAL PROVISIONS 1 -1
1.1 Authority 1 -1
1.3 Short Title 1 -1
1.5 Purpose and Scope 1 -1
1.7 Terminology 1 -1
1.9 Relationship to General Plan 1 -2
1.11 Relationship to Other Regulations 1 -2
1.13 Relationship to California Environmental Quality Act 1 -2
1.15 Effect of this Ordinance 1 -2
1.17 Minimum Requirements of this Ordinance 1 -3
1.19 Severability of Any Portion of this Ordinance 1 -3
SECTION 3. ADMINISTRATION AND ENFORCEMENT 3 -1
3.1 Planning Agency Administers and Interprets Ordinance 3 -1
3.3 Community Development Director Responsibilities 3 -1
3.5 City Attorney Responsibilities 3 -1
3.7 Clarification of Ambiguity 3 -1
3.9 Enforcement 3 -1
SECTION 5. ESTABLISHMENT OF ZONES 5 -1
5.1 Zones Established 5 -1
5.3 Official Zoning Map 5 -2
5.5 Uncertainty of Boundaries 5 -2
SECTION 7. GENERAL REGULATIONS APPLICABLE TO ALL ZONES 7 -1
7.1 Building Height 7 -1
7.3 Permitted Projections into Required Setback Areas 7 -1
7.5 Sight Distance Clearance Zone 7 -1
7.7 Reserved 7 -2
7.9 Solid Waste Receptacles and Enclosures 7 -2
7.10 Recyclable Materials Receptacles 7 -2
7.11 Swimming Pools and Spas 7 -3
7.13 Newspaper Racks on Private Property 7 -3
7.15 Property Maintenance 7 -3
7.17 Performance Standards 7 -4
7.19 Street Dedications and Improvements 7 -5
SECTION 9. RESIDENTIAL ZONES 9 -1
Division 1. Permitted Uses and Development Standards 9 -2
9.1 Intent and Purpose 9 -2
9.3 Use Regulations 9 -3
9.5 Development Standards 9 -3
9.7 Permitted Projections 9 -6
9.9 Balconies and Decks 9 -6
9.11 Manufactured Dwellings 9 -6
9.13 Animal Keeping 9 -6
9.15 Racing Pigeons 9 -7
9.17 Accessory Structures 9 -8
9.19 Second Dwelling Units 9 -9
9.21 Large Family Day Care Homes 9 -10
9.23 Fences, Walls, and Hedges 9 -10
9.25 Mechanical Equipment 9 -10
9.27 Landscaping 9 -11
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APPENDIX I
ZONING
(Continued)
Page
9.29 RS -5000 Development 9 -11
9.31 Other Applicable Regulations 9 -13
9.33 Reserved 9 -13
Division 2. Community Care Facilities 9 -13
9.35 Intent and Purpose and Applicability 9 -13
9.37 Use Regulations 9 -14
9.39 Reserved 9 -14
Division 3. Density Bonuses 9 -14
9.41 Intent and Purpose 9 -14
9.43 Terms Defined 9 -14
9.45 Participation Requirements 9 -16
9.47 City Incentives to Encourage Participation 9 -16
9.49 Minimum Requirements - Rental Units 9 -17
9.51 Minimum Requirements - Owner - occupied Units 9 -18
9.53 Rental or Leasing of Affordable Owner - occupied Units Unlawful 9 -21
9.55 Reserved 9 -21
Division 4. Condominiums, Conversions, and Cooperatives 9 -21
9.57 Application Requirements 9 -21
9.59 Development Standards 9 -23
9.61 Special Conditions 9 -23
9.63 Findings Required 9 -23
9.65 Reserved 9 -23
Division 5. Mobile Home Park Zone (MHP -20A) 9 -24
9.67 Intent and Purpose 9 -24
9.69 State Regulation of Mobile Home Parks 9 -24
9.71 Development Standards for Mobile Home Parks 9 -24
9.73 Development Standards for Mobile Home Sites or Lots 9 -25
9.75 On -site Improvement Requirements 9 -27
9.77 Pre - existing Mobile Home Parks 9 -27
9.79 Other Applicable Regulations 9 -27
9.81 Reserved 9 -27
SECTION 11. COMMERCIAL ZONES 11 -1
11.1 Intent and Purpose 11 -1
11.3 Use Regulations 11 -2
11.5 Development Standards 11 -5
11.6 Permitted Projections 11 -6
11.7 Accessory Structures 11 -6
11.9 Buffering Requirements 11 -6
11.11 Fences, Walls, and Hedges 11 -6
11.13 Mechanical Equipment Screening 11 -6
11.15 Landscaping 11 -6
11.17 Outdoor Storage and Display 11 -7
11.19 Community Care Facilities 11 -7
11.21 Single -room Occupancy Housing 11 -7
11.23 Commercial Vehicle Parking and Operation 11 -9
11.25 Trash Collection and Deliveries 11 -9
11.27 Other Applicable Regulations 11 -9
11.29 Reserved 11 -9
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APPENDIX I
ZONING
(Continued)
Page
SECTION 13. INDUSTRIAL ZONES 13 -1
13.1 Intent and Purpose 13 -1
13.3 Use Regulations 13 -1
13.5 Development Standards 13 -3
13.6 Permitted Projections 13 -4
13.7 Buffering Requirements 13 -4
13.9 Mechanical Equipment Screening 13 -4
13.11 Accessory Structures 13 -4
13.13 Fences, Walls, and Hedges 13 -5
13.15 Outdoor Storage, Display, and Activity 13 -5
13.17 Landscaping 13 -5
13.19 Other Applicable Regulations 13 -5
13.21 Reserved 13 -5
SECTION 15. SPECIAL PURPOSE ZONES 15 -1
15.1 Purpose 15 -1
15.3 Permitted Uses 15 -2
15.5 Development Standards 15 -3
15.7 Application Proceedings and Requirements 15 -6
15.9 Conditional Use Permit Requirements 15 -9
15.11 Other Applicable Regulations 15 -10
15.13 Reserved 15 -10
SECTION 17. OVERLAY ZONES 17 -1
17.1 Lincoln Avenue Overlay Zone (LC) 17 -1
17.3 Density Incentive Overlay Zone (DI) 17 -1
17.5 Farm Animal Overlay Zone (FA) 17 -3
17.7 Civic Center Overlay Zone (CC) 17 -5
17.9 Reserved 17 -5
SECTION 19. SPECIAL USE STANDARDS 19 -1
Division 1. Alcoholic Beverage Sales 19 -1
19.1 Conditional Use Permit Approval Required 19 -1
19.3 Findings and Conditions 19 -1
19.5 Reserved 19 -2
Division 2. Antennas 19 -2
19.7 Antennas Subject to These Regulations 19 -2
19.9 Restriction on Use of Nonexempt Antennas 19 -2
19.11 Two -tier Permit Process for Wireless Antennas 19 -3
19.13 Residential Zones - Applicable Regulations 19 -3
19.15 Commercial Zones - Applicable Regulations 19 -3
19.17 Industrial Zones - Applicable Regulations 19 -4
19.19 Public and Semi - public Zones - Applicable Regulations 19 -4
19.21 Development and Performance Standards 19 -5
19.23 Criteria for Granting Variances 19 -6
19.25 Nonconforming Antennas 19 -6
19.27 Relocation of Nonconforming Antennas 19 -6
19.29 Reserved 19 -6
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APPENDIX I
ZONING
(Continued)
Page
Division 3. Vehicle Repair Uses 19 -6
19.31 Applicability 19 -6
19.33 Restrictions on Overnight Parking 19 -7
19.35 Restrictions on Outdoor 19 -7
19.37 Development Standards 19 -7
Division 4. Hotels /Motels 19 -7
19.39 Performance Standards 19 -7
19.41 Restrictions on Long -term Occupancy 19 -7
19.43 Time Limits for Complying with Requirements 19 -8
19.45 Reserved 19 -8
SECTION 21. RESERVED
SECTION 23. HOME OCCUPATIONS 23 -1
23.1 Intent and Purpose 23 -1
23.3 Permit Required 23 -1
23.5 Home Occupation Performance Standards 23 -1
23.7 Reserved 23 -2
23.9 Reserved 23 -2
SECTION 25. OFF - STREET PARKING AND LOADING 25 -1
25.1 Intent and Purpose 25 -1
25.3 Applicability 25 -1
25.5 Restriction on Use of Parking Facilities 25 -2
25.7 Number of Parking Spaces Required 25 -2
25.9 Location of Parking Facilities 25 -5
25.11 Shared Parking 25 -5
25.13 Parking Facility Layout and Dimensions 25 -6
25.15 Required Improvements 25 -6
25.17 Landscaped Requirements 25 -7
25.19 Parking in Front Yards of Residential Lots 25 -7
25.21 Loading Requirements 25 -7
25.23 Reserved 25 -7
SECTION 27. LANDSCAPING STANDARDS 27 -1
27.1 Intent and Purpose 27 -1
27.3 Total Landscaped Area Defined 27 -1
27.5 Variance from the Minimum Landscape Standards 27 -1
27.7 Applicability 27 -2
27.9 General Requirements 27 -2
27.11 Landscaping Requirements Applicable to All Zones 27 -2
27.13 Residential Zones - Additional Requirements 27 -4
27.15 Commercial Zones - Additional Requirements 27 -5
27.17 Industrial Zones - Additional Requirements 27 -5
27.19 Street Trees 27 -6
27.21 Existing Trees 27 -6
27.23 Ground Cover 27 -7
27.25 Walls, Screening, and Buffers 27 -7
27.27 Mounding and Grading 27 -7
27.29 Irrigation Requirements 27 -7
27.31 Landscape Maintenance 27 -8
27.33 Nonconforming Landscaping 27 -8
27.35 Reserved 27 -8
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APPENDIX I
ZONING
(Continued)
Page
SECTION 29. SIGNS 29 -1
Division 1. On -site Signs 29 -1
29.1 Intent and Purpose 29 -1
29.3 Definitions 29 -1
29.5 Design Review for Signs - When Required 29 -4
29.7 Exempt Signs 29 -5
29.9 Prohibited Signs 29 -5
29.11 Signs Over Public Rights -of -Way 29 -6
29.13 Sign Construction and Maintenance 29 -6
29.15 Calculation of Sign Area and Height 29 -6
29.17 Residential Zones Sign Regulations 29 -8
29.19 Commercial Zones Sign Regulations 29 -8
29.21 Industrial Zones Sign Regulations 29 -8
29.23 Special Purpose and Overlay Zones Sign Regulations 29 -8
29.25 Special Purpose Signs 29 -12
29.27 Temporary Signs 29 -13
29.29 Non - Profit Organization Special Event Signs 29 -14
29.31 Political Campaign Signs 29 -14
29.33 Nonconforming Signs 29 -14
29.35 Abatement of Illegal Signs within Public Rights -of -Way 29 -15
29.37 Neon Signs 29 -16
29.39 Reserved 29 -16
Division 2. Billboards 29 -16
29.41 Conditional Use Permit Required 29 -16
29.43 Restrictions on Location 29 -16
29.45 Development Standards 29 -16
29.47 Blank Billboards 29 -17
29.49 Nonconforming Billboards 29 -17
29.51 Reserved 29 -17
SECTION 31. NONCONFORMING USES AND STRUCTURES 31 -1
Division 1. General 31 -2
31.1 Intent and Purpose 31 -2
31.3 Establishment of Nonconforming Status 31 -2
31.5 Exceptions to Nonconforming Status 31 -2
31.7 Continuation and Maintenance 31 -3
31.9 Nonconforming Status Tied to Property 31 -3
31.11 Revocation of Privileges 31 -3
31.13 Public Nuisance 31 -3
31.15 Exceptions - Public Utility Facilities and Uses 31 -3
31.17 Reserved3l -4
Division 2. Nonconforming Uses 31 -4
31.19 Nonconforming Uses - Abatement 31 -4
31.21 Nonconforming Uses - Exceptions to Provisions for Elimination of
Nonconforming Use 31 -4
31.23 Nonconforming Uses - Change to Another Nonconforming Use 31 -5
31.25 Nonconforming Uses - Abandonment 31 -5
31.27 Nonconforming Uses - Expansion Restrictions 31 -5
31.29 Reserved 31 -6
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APPENDIX I
ZONING
(Continued)
Page
Division 3. Nonconforming Structures
31.31 Nonconforming Structures
31.33 Nonconforming Structures
31.35 Nonconforming Structures
Destroyed Structures
31.37 Nonconforming Structures
31.39 Reserved
31 -6
- Abatement 31 -6
- Alterations and Additions 31 -6
- Repair of Damaged or Partially 31 -6
- Exceptions to Abatement Provisions 31 -7
31 -7
Division 4. Abatement Proceedings 31 -7
31.41 Purpose 31 -10
31.43 Notice Required 31 -7
31.45 Hearing Required 31 -7
31.47 Findings and Decision 31 -8
31.49 Right of Appeal 31 -8
31.51 Recordation of Order 31 -8
31.53 Extension of Time 31 -8
31.55 Relocation 31 -9
31.57 Reserved 31 -9
SECTION 33. HAZARDOUS MATERIALS FACILITIES 33 -1
33.1 Intent and Purpose 33 -1
33.3 Restrictions on Location 33 -1
33.5 Application Requirements 33 -1
33.7 Conflict of Interest Restriction 33 -3
33.9 Proceedings 33 -3
33.11 Required Findings 33 -4
33.13 Limitations on CUP Approval 33 -5
33.15 Standards and Criteria 33 -6
33.17 Safety and Security 33 -6
33.19 Monitoring 33 -6
33.21 Reserved 33 -7
SECTION 35. ADMINISTRATION OF THE ZONING ORDINANCE 35 -1
Division 1. General Provisions 35 -3
35.1 Intent and Purpose 35 -3
35.3 Type of Review Procedures in Effect in Cypress 35 -3
35.5 Review Bodies and Responsibilities 35 -3
35.7 Application Procedures 35 -3
35.9 Reserved 35 -5
35.11 Reserved 35 -5
Division 2. Notice and Conduct of Public Hearings 35 -5
35.13 Hearings - Notice Required 35 -5
35.15 Content of Notice 35 -6
35.17 Method of Noticing 35 -6
35.19 Evidence of Notice 35 -6
35.21 Hearing Procedures 35 -7
35.23 Effect of Action 35 -7
35.25 Application Denial - Reapplication 35 -7
35.27 Reserved 35 -7
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APPENDIX I
ZONING
(Continued)
Page
Division 3. Fees and Deposits 35 -8
35.29 Fees Established by Resolution 35 -8
35.31 Refund of Fees 35 -8
35.33 Reserved 35 -8
Division 4. Appeals and Revocations 35 -8
35.35 Appeals - Jurisdiction and Authorization 35 -8
35.37 Appeals - Time Limit for Filing an Appeal 35 -8
35.39 Appeals - Form for Filing 35 -8
35.41 Appeals - Scheduling of Public Hearing 35 -8
35.43 Appeals - Findings and Finality of Decision 35 -8
35.45 Revocations - Right of Revocation 35 -9
35.47 Revocations - Procedures 35 -9
35.49 Reserved 35 -9
Division 5. Changes of Zone and Zoning Ordinance Text Amendments 35 -9
35.51 Intent and Initiation 35 -9
35.53 Measure D Restrictions on Applications and Approvals 35 -9
35.55 Investigation by the Community Development Director 35 -10
35.57 Planning Agency Proceedings 35 -10
35.59 Alternate Zones That May Be Considered 35 -10
35.61 Findings Required 35 -10
35.62 Changes to the Zoning Map 35 -11
35.63 Reserved 35 -11
Division 6. General Plan Amendments 35 -11
35.65 Initiation 35 -11
35.67 Measure D Restrictions on Applications and Approvals 35 -11
35.68 Restrictions on Amendments from Manufacturing to Residential 35 -11
35.69 Investigation by the Community Development Director 35 -11
35.71 Planning Agency Proceedings 35 -12
35.73 Findings Required 35 -12
35.75 Reserved 35 -12
Division 7. Conditional Use Permits 35 -12
35.77 Intent and Purpose 35 -12
35.79 Application Restrictions 35 -12
35.81 Proceedings 35 -13
35.83 Finality of Planning Agency Action and Effective Date 35 -14
35.85 Required Findings 35 -14
35.87 Conditional Use Permit Approval Attached to the Property 35 -14
35.89 Pre - existing Conditional Use Permits 35 -14
35.91 Time Limit for Implementing Conditional Use Permit 35 -14
35.93 Modification of a Conditional Use Permit 35 -15
35.95 Suspension and Revocation 35 -15
35.97 Reserved 35 -15
Division 8. Variances 35 -15
35.99 Intent and Purpose 35 -15
35.101 Special Application Requirements 35 -16
35.103 Proceedings 35 -16
35.105 Finality of Planning Agency Action and Effective Date 35 -16
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APPENDIX I
ZONING
(Continued)
Page
35.107 Required Findings 35 -16
35.109 Signs - Additional Findings 35 -17
35.111 Parking - Additional Findings 35 -17
35.113 Variance Attached to the Property 35 -17
35.115 Time Limit for Implementing a Variance 35 -17
35.117 Revocation 35 -18
35.119 Reserved 35 -18
Division 9. Adjustments 35 -18
35.121 Intent and Purpose 35 -18
35.123 Applicability 35 -18
35.125 Application Requirements 35 -19
35.127 Proceedings 35 -19
35.129 Appeal of Community Development Director's Decision 35 -20
35.131 Adjustment Approval Attached to the Property 35 -20
35.133 Time Limit for Using Adjustment 35 -20
35.135 Reserved 35 -20
Division 10. Temporary Use Permits 35 -20
35.137 Intent and Purpose 35 -20
35.139 Proceedings 35 -21
35.141 Conditions of Approval 35 -21
35.143 Bond Required 35 -21
35.145 Specific Conditions for Specific Uses 35 -21
35.146 Promotional Banners 35 -23
35.147 Other Temporary Uses 35 -23
35.148 Extension of Temporary Use Permit 35 -23
35.149 Reserved 35 -23
Division 11. Design Review 35 -23
35.151 Intent and Purpose 35 -23
35.153 Applicability 35 -24
35.155 Design Review Committee - Establishment and Responsibilities 35 -24
35.157 Plans and Drawings to Be Submitted 35 -24
35.159 Proceedings 35 -25
35.161 Effective Date of Decision 35 -25
35.163 Design Review Approval Attached to the Property 35 -25
35.165 Time Limit for Using Design Review Approval 35 -25
35.167 Reserved 35 -26
Division 12. Development Agreements 35 -26
35.169 Intent and Purpose 35 -26
35.171 Authority to Apply 35 -26
35.173 Agreement Contents 35 -26
35.175 Proceedings 35 -27
35.177 Findings and Decision 35 -27
35.179 Amendment or Cancellation 35 -27
35.181 Recordation Required 35 -28
35.183 Periodic Review 35 -28
35.185 Reserved 35 -29
Division 13. Covenants for Easements 35 -29
35.187 Intent and Purpose 35 -29
35.189 Applicability 35 -29
35.191 Proceedings 35 -29
35.193 Content of Covenant 35 -30
35.195 Release of Covenant 35 -30
35.197 Reserved 35 -31
APPENDIX I
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ZONING
(Continued)
Page
SECTION 37. RESERVED 37 -1
SECTION 39. RESERVED 39 -1
SECTION 41. DEFINITIONS 41 -1
41.1 General 41 -1
41.3 "A" Definitions 41 -1
41.5 "B" Definitions 41 -2
41.7 "C" Definitions 41 -3
41.9 "D" Definitions 41 -5
41.11 "E" Definitions 41 -6
41.13 "F" Definitions 41 -6
41.15 "G" Definitions 41 -7
41.17 "H" Definitions 41 -7
41.19 "I" Definitions 41 -8
41.21 "J" Definitions 41 -8
41.23 "K" Definitions 41 -8
41.25 "L" Definitions 41 -8
41.27 "M" Definitions 41 -10
41.29 "N" Definitions 41 -10
41.31 "0" Definitions 41 -11
41.33 "P" Definitions 41 -11
41.35 "Q" Definitions 41 -12
41.37 "R" Definitions 41 -12
41.39 "S" Definitions 41 -13
41.41 "T" Definitions 41 -15
41.43 "U" Definitions 41 -15
41.45 "V" Definitions 41 -15
41.47 "W' Definitions 41 -15
41.49 "X" Definitions 41 -16
41.51 "Y" Definitions 41 -16
41.53 "Z" Definitions 41 -16
City of Cypress ix Zoning Ordinance
Section 1: General Provisions
SECTION 1. GENERAL PROVISIONS
Section Contents:
1.1 Authority
1.3 Short Title
1.5 Purpose and Scope
1.7 Terminology
1.9 Relationship to General Plan
1.11 Relationship to Other Regulations
1.13 Relationship to California Environmental Quality Act
1.15 Effect of this Ordinance
1.17 Minimum Requirements of this Ordinance
1.19 Severability of Any Portion of this Ordinance
1.1 Authority
This zoning ordinance is adopted pursuant to Article XI, Section 7 of the
Constitution of the State of California and in compliance with the requirements of
Title 7 of the Government Code, Planning and Zoning Law, for the purpose of
promoting health, safety, and general public welfare.
1.3 Short Title
This ordinance shall be known as "The City of Cypress Zoning Ordinance."
1.5 Purpose and Scope
A. The purposes of this zoning ordinance include:
1. To promote and protect the public health, safety, and welfare of the
people of the City of Cypress;
2. To safeguard and enhance the appearance and quality of development of
the City of Cypress;
3. To provide for the social, physical, and economic advantages resulting
from comprehensive and orderly planned use of land resources; and
4. To divide the City of Cypress into zones of such number, shape, and area
as may be deemed appropriate and necessary to carry out the provisions
of this ordinance and provide for its enforcement.
B. The provisions contained in this ordinance shall apply to all real properties
contained within the corporate limits of the City of Cypress.
1.7 Terminology
Words, terms, and phrases used in this ordinance shall have the meanings
usually ascribed to them, or as defined or used in state planning and zoning
laws, or as defined in Section 41 (Definitions) of this ordinance. For the
purposes of this ordinance, unless the context clearly indicates otherwise, certain
terms used in this ordinance are defined as follows:
(1) Words in the present tense include the future;
(2) Words in the singular number include the plural;
(3) Words in the plural number include the singular;
(4) The terms "shall" and "will" and "must" are mandatory;
(5) The term "City Council" means the City Council of the City of Cypress;
(6) The term "Planning Agency" shall mean the City Council;
(7) The term "his" is gender neutral and means his or her;
(8) The term "City" means the City of Cypress; and
(9) The term "General Plan" means the City of Cypress General Plan.
City of Cypress
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Section 1: General Provisions
1.9 Relationship to General Plan
This zoning ordinance is intended to provide the legislative framework to
enhance and implement the goals, policies, plans, principles, and standards of
the City of Cypress General Plan.
1.11 Relationship to Other Regulations
A. The provisions of this ordinance shall not be interpreted to repeal, amend,
modify, alter, or change any other code that is not specifically repealed,
amended, modified, altered, or changed.
B. Nothing in this ordinance shall be interpreted to authorize the use of a lot or
parcel in any way that is in violation of any other applicable statute, code, or
regulation.
C. Whenever the provisions of this ordinance are different from the provision of
any other ordinance or adopted code, the more restrictive provisions shall
apply, except as the same may be superseded by resolution or ordinance.
D. The rights granted by any permit, license, or other approval under any
ordinance repealed by this ordinance shall be continued, but in the future, to
the extent permitted by law, such rights shall be exercised in accordance with
the provisions of this ordinance.
E. The provisions of this ordinance are not intended to abrogate any
easements, covenants, or other existing agreements which are more
restrictive than the provisions of this ordinance.
1.13 Relationship to California Environmental Quality Act
When a project is determined to be subject to the provisions of the California
Environmental Quality Act (CEQA), the application shall be reviewed in
accordance with the provisions of this zoning ordinance, the California
Environmental Quality Act (Public Resources Code, Section 21000 et seq.), the
CEQA Guidelines (Government Code, Section 15000 et seq.), and any
environmental guidelines adopted by the City of Cypress.
1.15 Effect of this Ordinance
A. General Application
No person shall use any premises except as specifically permitted by and
subject to the regulations and conditions of this ordinance. Except as
otherwise provided herein, wherever this ordinance prohibits the use of
premises for a particular purpose, those premises and any improvements on
those premises shall not be used for that purpose, and no structure or
improvement shall be constructed, altered, or moved onto the premises
which is designed, arranged, or intended to be occupied or used for that
purpose.
B. City of Cypress Exempt
Agencies of the City of Cypress shall be exempt from the provisions of this
ordinance when the Planning Agency makes the following findings:
1. That reasonable attempts have been made to comply with the regulations
contained in this zoning ordinance; and
2. That the strict and literal interpretation and enforcement of the zoning
ordinance would inhibit the Planning Agency's ability to maintain public
health, safety, and general welfare; and
City of Cypress
1 -2 Zoning Ordinance
Section 1: General Provisions
3. That the granting of the exemption will not be detrimental to the public
health, safety, and general welfare or materially injurious to properties or
improvements in the vicinity.
C. Buildings Under Construction
Any building for which a building permit has been issued under the provisions
of earlier ordinances of the City which are in conflict with this ordinance, and
on which substantial construction has been performed by integration of
materials on the site before the effective date of this ordinance, nevertheless
may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
1.17 Minimum Requirements of this Ordinance
The provisions of this ordinance shall be interpreted and applied as the minimum
requirements and the maximum potential limits for the protection of the public
health, safety, comfort, convenience, and general welfare.
1.19 Severability of Any Portion of this Ordinance
If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. 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 thereof be declared invalid or unconstitutional.
City of Cypress
1 -3 Zoning Ordinance
235
236
Section 3: Administration and Enforcement
SECTION 3. ADMINISTRATION AND ENFORCEMENT
Section Contents:
3.1 Planning Agency Administers and Interprets Ordinance
3.3 Community Development Director Responsibilities
3.5 City Attorney Responsibilities
3.7 Clarification of Ambiguity
3.9 Enforcement
3.1 Planning Agency Administers and Interprets Ordinance
In accordance with State planning and zoning law, Government Code Section
65000 et seq., the Planning Agency shall administer this ordinance and
amendments thereto. The Planning Agency shall have the authority and
responsibility to hear and act upon all matters as specified in Section 35
(Administration of the Zoning Ordinance) of this ordinance.
3.3 Community Development Director Responsibilities
A. The Community Development Director or his designee shall have the
authority and responsibility to hear and act upon all matters as specified in
Section 35 (Administration of the Zoning Ordinance) of this ordinance.
B. The Community Development Director shall have the authority to interpret
the use provisions applicable to each zone district, using the zone district
descriptions contained in Section 5 (Establishment of Zones) and Sections 9
through 19 of this ordinance. In the event that a specific use or type of use is
not listed, the Director shall make a recommendation to the Planning Agency,
and the Planning Agency have the authority to determine which listed use is
most similar to the proposed use and thereby determine whether the use is
permitted, permitted subject to Conditional Use Permit review and approval,
permitted as a temporary use, or prohibited. A permanent record of such
decisions shall be maintained.
3.5 City Attorney Responsibilities
The City Attorney, upon the request of the City Council, shall institute any
necessary legal proceedings to enforce this ordinance. The City Attorney shall
be authorized, in addition to any other remedy provided in this ordinance, to
institute an action for an injunction to restrain or any other appropriate action or
proceedings to enforce this ordinance.
3.7 Clarification of Ambiguity
If ambiguity arises concerning the appropriate classification of a particular use
within the meaning and intent of this ordinance, or if ambiguity exists with respect
to matters of height, yard requirements, area requirements, or zone boundaries
as set forth herein, it shall be the duty of the Planning Agency to ascertain all
pertinent facts, and by resolution of record set forth the findings and the
interpretations. Thereafter, such interpretation shall govern.
3.9 Enforcement
A. Enforcement
The Planning Agency, the Community Development Director, the City
Attorney, the Police Chief, the Building Official, the City Clerk, and all officials
charged with the issuance of licenses or permits shall enforce the provisions
of this ordinance. Any permit, certificate, or license issued in conflict with the
provisions of this ordinance shall be void.
City of Cypress
3 -1 Zoning Ordinance
Section 3: Administration and Enforcement
B. Actions Deemed a Nuisance
Any building or structure erected or maintained, or any use of property
contrary to the provisions of this ordinance shall be declared to be unlawful
and a public nuisance, subject to notice pursuant to Chapter 13, Article 111 of
the Code of the City of Cypress.
C. Remedies
All remedies concerning this ordinance shall be cumulative and not exclusive.
Conviction and punishment of any person hereunder shall not relieve such
persons from the responsibility of correcting prohibited conditions or
removing prohibited buildings, structures, or improvements, and shall not
prevent the enforced correction or removal thereof.
D. Penalties
Any person, firm, or corporation, whether as principal, agent, employee, or
otherwise, violating any provisions of this ordinance or violating or failing to
comply with any order or regulation made hereunder, shall be guilty of a
misdemeanor, unless such provision expressly provided that the violation
thereof is an infraction, and shall be subject to the penalties set forth in
Section 1 -7 of the Code of the City of Cypress.
City of Cypress
3 -2 Zoning Ordinance
237
238
Section 5: Establishment of Zones
SECTION 5. ESTABLISHMENT OF ZONES
Section Contents:
5.1 Zones Established
5.3 Official Zoning Map
5.5 Uncertainty of Boundaries
5.1 Zones Established
In order to classify, regulate, restrict, and separate the use of land, buildings, and
structures; and to regulate and to limit the type, height, and bulk of buildings and
structures in the various districts; and to regulate areas of yards and other open
areas abutting and between buildings and structures; and to regulate the density
of population, the City hereby is divided into the following zones:
1. Residential Zones
RS -15000 Residential Single- Family Zone
RS -6000 Residential Single - Family Zone
RS -5000 Residential Single - Family Zone
RM -15 Residential Multiple - Family Zone
RM -20 Residential Multiple - Family Zone
MHP -20A Mobile Home Park Zone
2. Commercial Zones
OP -10000 Office Professional Zone
CN -10000 Commercial Neighborhood Zone
CG -10000 Commercial General Zone
CH -10000 Commercial Heavy Zone
3. Industrial Zones
BP -20000 Business Park Zone
ML -10000 Industrial Light Zone
4. Special Purpose Zones
PS -1A Public and Semi - public Zone
PRD -5A Planned Residential Development Zone
PC Planned Community Zone
PC -25A Planned Community Zone
PCM Planned Commercial /Light Industrial Zone
PBP -25A Planned Business Park Zone
5. Overlay Zones
(LC) Lincoln Avenue Overlay Zone
City of Cypress
5 -1 Zoning Ordinance
Section 5: Establishment of Zones
(DI) Density Incentive Combining Zone
(FA) Farm Animal Overlay Zone
(CC) Civic Center Overlay Zone
5.3 Official Zoning Map
A map, known as the "Official Zoning Map" of the City of Cypress, California
dated December 11, 1972 or as subsequently amended, and on file with the City
Clerk, is adopted herein by reference and shall hereafter exist pursuant to and
as an integral part of this ordinance. The map shall be maintained to reflect the
current zoning of the City.
5.5 Uncertainty of Boundaries
Where uncertainty exists as to zone boundaries of any zone district shown on
the zoning map, or any part thereof, the following rules shall apply:
1. Where zone boundaries are shown as approximately following legal lot lines
or the right -of -way lines of highways, streets, or alleys, such lines shall be the
zone boundaries. In all other cases where a district abuts a highway, street,
or alley, the zone boundaries shall extend to the centerline of the highway,
street, or alley.
2. In the case of unsubdivided property where a zone boundary divides a lot,
the location of the boundary, unless the boundary is indicated by dimensions
or legal description, shall be determined by use of the scale appearing on the
zoning map.
3. Where a public highway, street, or alley, or any portion thereof is officially
vacated or abandoned, the vacated or abandoned highway, street, or alley
shall acquire the zone classification of the property to which the vacated or
abandoned portion reverts.
4. In the event of any other uncertainty regarding zone boundaries, the
Planning Agency, by written decision, shall determine the location of the zone
boundary.
City of Cypress
5 -2 Zoning Ordinance
239
Section 7: General Regulations Applicable to All Zones
SECTION 7. GENERAL REGULATIONS APPLICABLE TO ALL
ZONES
Section Contents:
7.1 Building Height
7.3 Permitted Projections into Required Setback Areas
7.5 Sight Distance Clearance Zone
7.7 Reserved
7.9 Solid Waste Receptacles and Enclosures
7.10 Recyclable Materials Receptacles
7.11 Swimming Pools and Spas
7.13 Newspaper Racks on Private Property
7.15 Property Maintenance
7.17 Performance Standards
7.19 Street Dedications and Improvements
7.1 Building Height
The height limits for buildings are described in Section 9 through 17 for each of
the individual zone districts. Building height shall be defined and measured as
set forth in Section 41 (Definitions).
7.3 Permitted Projections into Required Setback Areas
Projection of architectural and structural features on a building or structure into
required setback areas are permitted pursuant to the provisions of Sections 9.6,
11.6, and 13.6 of this ordinance.
7.5 Sight Distance Clearance Zone
A. Streets
In all zoning districts, for traffic safety and sight visibility purposes, a clear
corner area shall be provided at the intersection of all streets, as illustrated in
Figure 7.5(A). With the exception of permitted fences, walls, and hedges,
nothing shall be erected or placed within this sight distance clearance zone.
B. Driveways
Wherever a private driveway provides access to a street or alley, a clear
corner area shall be provided as illustrated in Figure 7.5(B). With the
exception of permitted fences, walls, and hedges, nothing shall be erected or
placed within this sight distance clearance zone.
STREET OR ALLEY < 15 ft —>
11
Sight Distance Clearance Zone.
Nothing shell be placed here
except fences, walls, hedges
of maximum 42" height.
Figure 7.5 (A)
Sight Distance Clearance Zone.
Nothing shall be placed here
except fences, walls, hedges
of maximum 42" height.
Figure 7.5 (B)
City of Cypress
7 -1
Zoning Ordinance
Section 7: General Regulations Applicable to All Zones
7.7 Reserved
7.9 Solid Waste Receptacles and Enclosures
A. Every multiple - family residential, commercial, industrial, and other non-
residential development shall provide common solid waste receptacles of
adequate size to meet the needs of the development. Such receptacles shall
be located within a development to be convenient to all tenants.
B. All common solid waste receptacles shall be surrounded by a enclosure
consisting of solid masonry walls on at least three sides and a latchable gate.
C. Solid Waste receptacle enclosures in a commercial or industrial zone shall be
set back a minimum of 20 feet from any abutting property in a residential
zone.
7.10 Recyclable Materials Receptacles
A. Applicability
1. Any new development project requiring a building permit shall include
adequate, accessible, and convenient areas for collecting and loading
recyclable materials.
2. Any existing development project for which one or more building permit
applications have been submitted for one or more alterations, where the
alterations will collectively result in the addition of 30 percent or more of
floor area for the development project, shall provide adequate,
accessible, and convenient areas for the collecting and loading of
recyclable materials.
3. Any new or existing development project to be located in an area served
by a recycling area that provides for the co- mingled collection of solid
waste and recyclable materials may fulfill the requirement for adequate,
accessible, and convenient areas for the collecting and loading of co-
mingled solid waste and recyclable materials.
B. Design Standards
1. The design, construction, and location of recycling areas and enclosures
shall be subject to approval by the Community Development Department
and shall comply will the standards of this subsection B.
2. The design, construction, and location of recycling areas shall not be in
conflict with applicable federal, state, or local laws relating to fire,
building, access, transportation, circulation, or safety, or any other
federal, state, or local law or regulation.
3. Recycling areas shall be adequate in capacity, number, and distribution
to serve the development project.
4. Dimensions of the recycling area shall accommodate receptacles
sufficient to meet the recycling needs of the development project.
5. An adequate number of bins and containers shall be required to allow for
the collection and loading of recyclable materials generated by the
development project. Such bins or containers shall be located within the
recycling area.
6. Recycling areas shall be contained in an enclosure, the design of which
shall be consistent with existing solid waste receptacle enclosure
requirements. The enclosure shall fully screen solid waste and recyclable
areas, containers, and recyclable materials from public view.
City of Cypress
7 -2 Zoning Ordinance
241
242
Section 7: General Regulations Applicable to All Zones
7. Recycling areas and containers within the areas must provide protection
against adverse environmental conditions such as wind and rain.
8. A sign shall be permanently posted or painted on each solid waste and
recyclable material container clearly identifying the container type and the
name and telephone number of the company responsible for maintaining
the containers.
9. The design and construction of recycling areas shall promote and not
prevent the proper securing of any recyclable materials place therein.
C. Location Requirements
1. Recycling areas shall not be located in any area where construction,
operation, or maintenance of the recycling area would be prohibited by
federal, state, or local laws.
2. Any and all recycling areas shall be located to be as convenient for those
persons who deposit, collect, and load the recyclable materials as the
locations where solid waste is collected and loaded. Wherever feasible,
recycling areas shall be located adjacent to solid waste collection areas.
7.11 Swimming Pools and Spas
A. All permanently constructed, nonportable swimming pools and spas shall
maintain the following setbacks:
1. A minimum four -foot setback from the interior side lot line, rear lot line,
and from the primary structure and any accessory structure.
2. For front yards and street side yards, the same setback requirements that
apply to the primary structure for the zone in which the swimming pool or
spa is located.
B. All portable spas may be located within any side or rear yard area; no
setback is required.
C. All swimming pools and spas, whether permanently constructed or portable,
shall be enclosed by fencing as required by the Uniform Building Code.
7.13 Newspaper Racks on Private Property
A. All outdoor newspaper racks shall be permanently affixed to the sidewalk or
other surface on which they are installed.
B. The installation of newspaper racks shall be subject to Design Review
pursuant to the provisions of Section 35, Article II of this ordinance.
C. The Community Development Director may limit the number of newspaper
racks installed at a given location if the Director finds that such limitation is
necessary to protect public health, safety, and general welfare.
7.15 Property Maintenance
All properties in the City shall be kept and maintained in a clean, neat, orderly,
operable, and usable condition. This requirement shall apply to buildings,
paving, fences, walls, landscaping, water, vacant lots, and any other structures
or natural features.
City of Cypress
7 -3 Zoning Ordinance
Section 7: General Regulations Applicable to All Zones
7.17 Performance Standards
A. Purpose
Performance standards are established to provide for a degree of flexibility in
the placement of uses, particularly in commercial and industrial zones, while
protecting the environment, the integrity of surrounding development, and
public health, safety, and general welfare.
B. Applicability
The following performance standards shall apply to all uses in all zone
districts.
1. Noise
a. All activity shall comply with the noise ordinance of the City of
Cypress (Chapter 13, Article 13 of the Code of the City of Cypress).
b. Mechanical devices associated with the cleaning and maintenance of
real property may be used within any commercial zone between the
hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the
hours of 9:00 a.m. and 8:00 p.m. on weekends and federal holidays.
Such devices include but are not limited to stationary or mobile
pumps, fans, compressors, generators, blowers, and sweepers. The
use of such devices for such purposes is prohibited at all other times.
2. Inflammable and Explosive Materials
The storage and use of inflammable and explosive materials shall
conform to requirements established by the Uniform Building Code and
Uniform Fire Code. All incineration is prohibited.
3. Temperature
No use shall be permitted to create changes in temperature beyond the
boundaries of the site which are detectable by the human senses without
the aid of instruments. This restriction shall not apply to temporary
construction activity.
4. Light and Glare
All light and glare associated with business operation and illuminated
signs shall be shielded or directed so as not to illuminate adjacent
properties or cause glare that affects motorists.
5. Vibration
No use or activity shall generate inherent and recurrent ground vibrations
that is perceptible, without the aid of instruments, at the boundary of the
lot on which the use is located. This restriction shall not apply to
temporary construction activity.
6. Radiation
The use of radioactive materials shall be restricted to materials used in
measuring, gauging, and calibration devices.
7. Electrical Disturbance
No use shall create electrical disturbances that affect the operation of any
equipment beyond the boundaries of the site emitting the electrical
disturbance.
City of Cypress
7 -4 Zoning Ordinance
243
Section 7: General Regulations Applicable to All Zones
8. Odor
No use shall be permitted to emit odorous gases or other odorous matter
in such quantities as to be readily detectable beyond the boundaries of
the site.
C. Verification of Compliance
The Community Development Director shall have the authority to require a
property owner or business owner to engage the services of a certified
testing firm to verify compliance with specified performance standards.
Copies of all such tests shall be provided to the Director.
7.19 Street Dedications and Improvements
A. Purpose
By reason of the fact that changes will occur in the local neighborhoods and
the City generally due to increases in vehicular traffic - including trucking,
increase in pedestrian traffic, increased noise, and other activities associated
with the city's development and growth - the following dedications and
improvements are deemed to be necessary to prevent congestion and other
hazards that are related to the intensified use of the land. These
requirements must be met and complied with before any building permit may
be issued.
B. Dedication Required
Prior to the issuance of a building permit for a permit requiring street
dedication, all required streets and alleys, both local and highways, which
abut a property subject to a development application and which are not
designated as private streets or alleys shall be dedicated or a deed of
dedication shall be deposited in escrow with an escrow agent acceptable to
the City Attorney. The delivery of a deed shall be conditioned upon the
required permit being granted.
The dedication or deed of dedication shall provide for the full street width
required by the master plan of streets and highways, or this ordinance, on
the side of the street, highway, or alley abutting such property.
C. Required Improvements
Prior to the issuance of a building permit for a permit requiring street
dedication, all street, highway, and alley improvements shall have either
been installed, or a performance bond in a reasonable amount to be
determined by the City Engineer, with sureties to be approved by the City
Attorney, shall have been filed with the City Clerk, or cash in a like amount
shall have been deposited with the Finance Director to be placed in a trust
fund.
The improvements shall meet the standards established by the City and shall
include curb, gutter, sidewalk, street, and alley paving, street trees, street
signs, street lights, and all required utilities.
D. Exceptions
1. The provisions and requirements of subsection C above may be waived
or "rural streets" when such streets have been designated by Resolution
of the City Council.
2. The provisions of this Section 7.19 shall not apply to any building permit
for an addition or alteration to an existing building when the estimated
value of such addition or alteration is less than 50 per cent of the
estimated value of the existing building. The estimated values shall be
made by or reviewed and approved by the Building Official.
City of Cypress
7 -5 Zoning Ordinance
Section 9: Residential Zones
SECTION 9. RESIDENTIAL ZONES
Section Contents:
Division 1. Permitted Uses and Development Standards
9.1 Intent and Purpose
9.3 Use Regulations
9.5 Development Standards
9.7 Permitted Projections
9.9 Balconies and Decks
9.11 Manufactured Dwellings
9.13 Animal Keeping
9.15 Racing Pigeons
9.17 Accessory Structures
9.19 Second Dwelling Units
9.21 Large Family Day Care Homes
9.23 Fences, Walls, and Hedges
9.25 Mechanical Equipment
9.27 Landscaping
9.29 RS -5000 Development
9.31 Other Applicable Regulations
9.33 Reserved
Division 2. Community Care Facilities
9.35 Intent and Purpose and Applicability
9.37 Use Regulations
9.39 Reserved
Division 3. Density Bonuses
9.41 Intent and Purpose
9.43 Terms Defined
9.45 Participation Requirements
9.47 City Incentives to Encourage Participation
9.48 Minimum Requirements - Rental Units
9.51 Minimum Requirements - Owner - occupied Units
9.53 Rental or Leasing of Affordable Owner - occupied Units Unlawful
9.55 Reserved
Division 4. Condominiums, Conversions, and Cooperatives
9.57 Application Requirements
9.59 Development Standards
9.61 Special Conditions
9.63 Findings Required
9.65 Reserved
Division 5. Mobile Home Park Zone (MHP -20A)
9.67 Intent and Purpose
9.69 State Regulation of Mobile Home Parks
9.71 Development Standards for Mobile Home Parks
9.73 Development Standards for Mobile Home Sites or Lots
9.75 On -site Improvement Requirements
9.77 Pre - existing Mobile Home Parks
9.79 Other Applicable Regulations
9.81 Reserved
City of Cypress 9 -1 Zoning Ordinance
246
Section 9: Residential Zones
Division 1. Permitted Uses and Development Standards
9.1 Intent and Purpose
A. Intent
Five residential zones are established to achieve several goals of the City of
Cypress. These zones set aside appropriately located areas for residential
development at a broad range of densities consistent with the General Plan.
The standards help to ensure adequate light, air, privacy, and open space for
each dwelling. The delineation of these zones also minimizes traffic
congestion and protects residential properties from noise, illumination,
unsightliness, odors, smoke, and other objectionable influences. Finally,
these zones facilitate the provision of utility services and other public facilities
commensurate with anticipated population, dwelling unit densities, and
service requirements.
B. Purpose
The purpose of each of the residential zone districts is as follows:
1. Residential Single- family Zone RS -15000
This zone provides areas for single - family residential estates with
minimum lot sizes of 15,000 square feet, at a maximum density of two
and one -half (2'h) dwelling units per acre.
In calculating permitted density, fractional numbers shall be rounded
down to the nearest whole number.
2. Residential Single- family Zone RS -6000
This zone provides areas for single - family, urban residential development
on minimum lot sizes of 6,000 square feet, at a maximum density of five
(5) dwelling units per acre.
In calculating permitted density, fractional numbers shall be rounded
down to the nearest whole number.
3. Residential Single - family Zone RS -5000
This zone provides areas for small -lot, single - family, urban residential
development, at a maximum density based on one dwelling unit per
5,000 square feet of gross lot area, with fractional units rounded to the
nearest whole number. Small -lot, single - family detached development,
including conventional developments or zero lot line where dwelling units
may be built to the property line on one side only, are appropriate.
Development may incorporate common areas for driveway /private road,
parking, and recreation.
4. Residential Multiple- family Zone RM -15
This zone provides areas for the development of medium density
apartments, condominiums, townhouses, or other group dwellings with
provisions for adequate light, air, open space, and landscaped areas.
The maximum permitted density is 15 dwelling units per acre.
In calculating permitted density, fractional numbers shall be rounded
down to the nearest whole number.
5. Residential Multiple- family Zone RM -20
This zone provides areas for the development of apartments,
condominiums, townhouses, or other group dwellings with provisions for
City of Cypress
9 -2 Zoning Ordinance
Section 9: Residential Zones
adequate light, air, open space, and landscaped areas. The maximum
permitted density is 20 dwelling units per acre.
In calculating permitted density, fractional numbers shall be rounded
down to the nearest whole number.
9.3 Use Regulations
A. Table 9.3 indicates the uses permitted in the RS- 15000, RS -6000, RS -5000,
RM -15, and RM -20 zones. Residential uses represent the primary permitted
use, and only those additional uses that are complementary to, and can exist
in harmony with, the residential character of each zone may be allowed as
accessory, conditionally permitted, and temporary uses, as indicated in Table
9.3.
B. Certain permitted uses and conditionally permitted uses may be subject to
special conditions regarding the location, operation, or design of the use.
Such uses are marked in Table 9.3 with an asterisk ( *), and the special
conditions that apply are contained in Section 19 (Special Use Standards) of
this ordinance.
C. For uses not listed in Table 9.3, the provisions of Section 3.3 (Community
Development Director Responsibilities) of this ordinance shall apply.
9.5 Development Standards
A. Table 9.5 identifies the development standards applicable to all development
in the RS- 15000, RS -6000, RS -5000, RM -15, and RM -20 zones.
B. Those lots shown on an approved and recorded subdivision map, or for
which a deed was recorded prior to the incorporation of the City of Cypress,
may be used as a building site irrespective of the minimum standards for lot
width, depth, and size, provided the site has an area of at least 4,000 square
feet and a minimum building site width of 30 feet.
C. In addition to the general standards of this Section, the following special
standards also apply to the residential zones:
1. Any single -story residential building in either the RM -15 or RM -20 zone
shall maintain a minimum setback of 20 feet from any single - family zone.
2. Any two -story residential building in either the RM -15 or RM -20 zone
shall maintain a minimum setback of 30 feet from any single - family zone.
3. Additions to the original permitted structure shall not exceed the
maximum height of the original structure in any residential zone,
excluding chimneys and roof - mounted mechanical equipment, except
subject to Design Review.
4. Additions to any structure in a residential zone shall be constructed to
match the existing architecture of the structure.
5. All residential development plans or applications that permit the
construction of a single parcel, multiple - family residential development
shall be subject to the dedication and /or fee provisions and requirements
of Article VI, "Park and Recreational Facilities" of Chapter 25 of the Code
of the City of Cypress.
6. Where a multiple - family dwelling, including incidental or required
accessory uses, abuts property in a single - family zone, a masonry wall
six (6) feet in height shall be erected and maintained between such uses
and the single - family zone.
7. Development in the RS -5000 zone shall be subject to the additional
regulations contained in Section 9.23 (RS -5000 Development).
City of Cypress
9 -3 Zoning Ordinance
248
Section 9: Residential Zones
TABLE 9.3
rermtttea and t;onaitionai uses - Kesiaentiai zones
RS -15000
RS- 6000',
;RS -5000
RM'(5 „
RM20.
Agriculture or Horticulture -
Cultivation
P
X
X
X
X
Agriculture or Horticulture - Sales
X
X
X
X
X
Animal Keeping (not more than 3
dogs or 3 cats or combination
thereof over the age of 6 months)
P
P
P
P
P
Animal Keeping - Poultry and
Rabbits, with limit of 12 of each
P
X
X
X
X
Animal Keeping - Poultry and
Rabbits, in excess of 12 each
C
X
X
X
X
Animal Keeping, Wild or Exotic
C
C
C
X
X
Aviaries (not more than 10 birds)
P
P
P
P
P
Aviaries (more than 10, less than
30 birds)
P
C
C
C
C
Aviaries - Pigeons (see Section
9.15)
C
C
C
C
C
Church, Convent, Monastery, or
other religious institution
C
C
C
C
C
Community Care Facility
X
X
X
C
C
Condominium, Townhouse, or
Condominium conversion
C
C
C
C
C
Day Care Center
C
C
C
C
C
Day -care Home, Large Family
P*
P*
P*
P*
P*
Day -care Home, Small Family
P
P
P
P
P
Dormitory
X
X
X
C
C
Farm Animal Keeping,
noncommercial (see Section 9.13)
P
X
X
X
X
Farm Animal Keeping, commercial
(see Section 9.13)
C
X
X
X
X
Group Home
P
P
P
P
P
Guest Dwelling
C
C
C
C
C
Home Occupation (see Section 23)
P
P
P
P
P
Kennel
C
C
C
C
C
Library
C
C
C
C
C
Model Home or Subdivision Sales
Office
C
C
C
C
C
Multiple - family Dwelling, containing
not more than 3 units
X
X
X
P
P
Multiple - family Dwelling, containing
more than 3 units
X
X
X
C
C
Museum
C
C
C
C
C
Public Utility Substation, Reservoir,
or Pumping Plant, not including
office
C
C
C
C
C
Recreation Facility, public or
private, with incidental, limited
commercial uses commonly
associated to primary use (golf
course, country club, tennis club)
C
C
C
C
C
Riding Academy or Club
C
X
X
X
X
Satellite Dish Antenna
P
P
P
P
P
Second Dwelling Unit (see Section
9.13)
C
C
X
X
X
Second -story Balcony, in front yard
(see Section 9.9)
P
P
P
P
P
Second -story Balcony, in side or
rear yard (see Section 9.9)
C
C
C
C
C
Single- family Dwelling
P
P
C
P
P
Temporary Use (see Section 35,
Division 10)
P*
P*
P*
P*
P*
Key: P = Permitted Use A = Permitted as an Accessory Use
C = Conditional Use Permit Required X = Prohibited Use
(See Section 35, Division 7) * = Special use conditions and /or
development standards apply.
City of Cypress
9 -4 Zoning Ordinance
Section 9: Residential Zones
TABLE 9.5
Development Standards - Residential Zones
Development
Standards
1. Maximum Density
2. Minimum Building
Site Area
(net area)
RS -15000
2.5 dus /acre
RS- 6000,
5.0 dus /acre
RS -5000
8.712 dus /acre
(b)
RM -15 (a),
15 dus /acre
(c)
RM -20 (a)
20 dus /acre
(c)
15,000 sf
6,000 sf
10,000 sf
10,000 sf
10,000 sf
3. Minimum Lot Width
100 ft.
60 ft.
50 ft.
100 ft.
100 ft.
4. Minimum Lot Depth
150 ft.
100 ft.
80 ft.
100 ft.
100 ft.
5. Minimum Front
Yard Setback
30 ft.
20 ft.
10 ft. from edge
of private
driveway; 20 feet
for garage face
20 ft.
20 ft.
6. Minimum Side Yard
Setback - Interior
Yard
10 ft.(d)
15 ft. (d)
0 (zero) on one
side; must
maintain distance
between buildings
as indicated in 13
and 14 below
Single story:
5 ft.
Two -story: 10 ft.
Single -story:
5 ft.
Two -story: 10 ft.
7. Minimum Side Yard
Setback - Street
Side
10 ft.
10 ft.
15 ft. from street
10 ft.
10 ft.
8. Minimum Rear
Yard Setback
25 ft.
10 ft., with
minimum area of
1,100 sf
exclusively in rear
yard
15 ft.
10 ft.
10 ft.
9. Minimum
Landscaped Open
Area
N/A
N/A
See Section 9.19
35%
35%
10. Maximum Lot
Coverage by
Structures
35%
40%
40 %, excluding
common private
drive
40%
45%
11. Maximum Building
Height
35 ft.
35 ft.
30 ft., two -story
maximum
35 ft.
35 ft.
12. Minimum Dwelling
Unit Size
1,500 sf
1,100 sf
1,200 sf
450 sf bachelor
600 sf 1-
bedroom
750 sf 2-
bedroom
900 sf 3-
bedroom
450 sf bachelor
600 sf 1-
bedroom
750 sf 2-
bedroom
900 sf 3-
bedroom
13. Minimum Distance
Between Buildings
(when neither
building exceeds
15 ft. in height)
10 ft.
10 ft.
10 ft.
6 ft.
6 ft.
14. Minimum Distance
Between Buildings
(when one or more
buildings exceed
15 ft. in height)
10 ft.
10 ft.
15 ft.
10 ft.
10 ft.
15. Minimum Open
Space and
Recreation Area for
Condominiums/
Townhomes
(including private
patios)N /A
N/A
N/A
400 sf per unit
400 sf per unit
16. Minimum and
Maximum Driveway
Widths
10 ft. - Min.
24 ft. - Max.
10 ft. - Min.
24 ft. - Max.
10 ft. - Min.
24 ft. - Max.
See Section
25.13
See Section
25.13
17. Garage
Dimensions -
Minimum Interior
20 ft. x 20 ft.
20 ft. x20 ft.
20 ft. x 20 ft.
19 ft. x 20 ft. for
apartments
20 ft. x 20 ft. for
detached single -
family
19 ft. x 20 ft. for
apartments
20 ft. x 20 ft. for
detached single -
family
*du = dwelling unit, sf = square feet, ft. = feet
Notes:
(a) See Sections 9.5(c) (1) and (2).
(b) Rounding up may allow for greater density per acre.
(c) A density bonus of at least 25 percent may be granted in accordance with Section 9, Division 3 (Density
Bonuses) and applicable State law.
(d) Additions to the original permitted dwelling shall be permitted within the required side yard setback,
provided that the setback distance between the addition and the interior side property line is the same or
greater than that or the original structure, not including the garage or any accessory structure. In any
case, such room additions shall not be located closer than five (5) feet from an interior side property line,
except as allowed by Section 35, Division 9 (Adjustments).
(e) See also Section 9.23.
City of Cypress
9 -5 Zoning Ordinance
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Section 9: Residential Zones
9.7 Permitted Projections
Architectural and structural features on a building or structure are permitted to
project into required setback areas as set forth in Table 9.7.
TABLE 9.7
Permitted Projections into Required Setback Areas -
Residential Zones
Feature !
Front Setback
Rear Setback
Side Setback
Architectural adornments such as
cornices, eaves, sills, etc.
4 feet
4 feet
Not more than one -
half of the required
side yard setback
Balconies
Not permitted
Not permitted
Not permitted
Bay window or similar feature
which does not extend building
foundation
4 feet
4 feet
Not more than one -
half of the required
side yard setback
Canopies, Open or Enclosed (a)
Not permitted
No closer than 5
feet to the lot line
No closer than 5 feet
to the lot line
Chimneys
4 feet
4 feet
Not more than one -
half of the required
side yard setback
Fire escapes
Not permitted
No restriction
No restriction
Patios
Not permitted
Within 5 feet of the
property line.
Cantilevered roofs
and eaves may
project to within 2
feet, 6 inches of
the property line.
Within 5 feet of the
property line.
Cantilevered roofs
and eaves may
project to within 2
feet, 6 inches of the
property line.
Pool motors and similar equipment
Not permitted
May be located
anywhere within
rear yard.
May be located
anywhere within side
yard. Refer to
additional
requirements in
Section 9.19 of this
ordinance.
Porches
4 feet
4 feet
Not more than one -
half of the required
side yard setback
Notes:
(a) All canopies are limited in height to 10 feet and shall be entirely open on three (3) sides.
9.9 Balconies and Decks
A. Balconies shall be limited in width to six (6) feet and shall not encroach upon
or project into any required setback area.
B. All second floor decks other than balconies, such as sundecks, are
prohibited.
9.11 Manufactured Dwellings
Manufactured dwellings are permitted pursuant to Section 65852.3 of the
Government Code, subject to the same development standards as a single -
family dwelling for any given lot. Such standards include building setbacks, side
and rear yard requirements, minimum square footage, and parking, access, and
enclosure requirements. All manufactured dwellings shall be architecturally
compatible with adjoining single - family dwellings, with such features as roof
overhangs, roofing materials, and exterior siding or stucco constructed to match
the same features on adjoining residential properties in the same zone.
9.13 Animal Keeping
The keeping of all animals within residential zones in the City of Cypress is
subject to the regulations and conditions of the Orange County Health
Department and Animal Control Division. In addition to those regulations, the
keeping of animals is subject to the following restrictions:
City of Cypress
9 -6 Zoning Ordinance
Section 9: Residential Zones
A. The keeping of horses and other large farm -type animals is permitted in the
RS -15000 zone, subject to the following conditions:
1. Such animals must be maintained for the personal use of members of the
family residing on the premises.
2. No such animal may be kept on a lot having less than 10,000 square feet
in area.
3. Only one (1) such animal may be maintained on a lot having less than
15,000 square feet in area; not more than two (2) animals may be kept
on a lot having 15,000 to 20,000 square feet, or four (4) animals on a lot
having 20,001 to 30,000 square feet, or six (6) animals on a lot having
30,001 square feet to one (1) acre.
4. No such animal may be kept closer than 50 feet to an adjoining dwelling.
5. Horses or any other cleft- hoofed animals may not be kept in the front
yard setback area of any residential building.
B. The keeping of not more than three (3) dogs or three (3) cats (or any
combination thereof) over the age of six (6) months is permitted in all
residential zones. The keeping of more than three (3) such animals is
considered a kennel, and is permitted in all residential zones subject to the
approval of a Conditional Use Permit.
C. The keeping of other domestic household pets, deemed by the Community
Development Director to be nondisruptive to adjoining properties, is permitted
in all residential zones.
9.15 Racing Pigeons
A. The keeping of racing /homing pigeons is allowed in all residential zones
subject to Conditional Use Permit approval. The following standards shall
apply to the keeping and /or raising of racing /homing pigeons:
1. A maximum number of 100 pigeons may be kept on a lot or parcel
containing at least one (1) dwelling unit. Any Conditional Use Permit may
specifically limit the number of permitted pigeons to less than 100,
depending on the lot size, or the number of dwelling units on a parcel, or
the nature of surrounding uses.
2. No more than 40 pigeons may be released at any one (1) time for
exercise or training purposes. No more than two (2) such flights shall be
permitted within a 24 -hour period.
3. Pigeons shall only be released to fly between the hours of 7:00 a.m. and
7:00 p.m. Monday through Friday. When racing pigeons have been
released from a distant location on a weekend, they will be permitted to
fly into the loft upon their return.
4. All pigeons shall be kept and fed in an enclosed loft, pen, coop, pigeon
house, or other similar structure not to exceed eight (8) feet in height, and
which is capable of confining the pigeons until the time of release. When
applicable, the structure shall be regulated by building permit.
5. Pigeon lofts shall be located on the rear one -third (1/3) of the property, at
a distance no less than 20 feet from all adjacent habitable dwellings. A
fully dimensioned site plan shall be submitted to the Community
Development Department as part of the initial Conditional Use Permit
application prior to Planning Agency action on the application. This site
plan shall illustrate the location of the loft and any other use associated
with the keeping of pigeons, and its relation to side and rear property
lines and all adjacent dwellings.
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9 -7 Zoning Ordinance
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252
Section 9: Residential Zones
6. Structures where pigeons are housed shall be kept and maintained in a
sanitary condition, all refuse and droppings removed from the premises at
least once each calendar week, and all rules and regulations of the
Health Department and /or Animal Control adopted by the City pertaining
to sanitary conditions and maintenance of the premises shall be complied
with by the applicant. Failure to comply with such standards and
regulations shall be cause for revocation of any Conditional Use Permit
granted.
7. No person in charge of keeping pigeons shall allow such pigeons to land
or perch on the buildings or property of others. Failure to comply with this
regulation shall be cause for revocation of any Conditional Use Permit
granted.
8. The owner or person in charge of keeping the pigeons shall maintain the
property and all structures on the property, including roofs, driveways,
and walkways, on the property in a clean manner, void of any visible
pigeon droppings. Failure to comply with such standards and regulations
shall be cause for revocation of any Conditional Use Permit granted.
9. No pigeon business or breeding activities for commercial purposes shall
be conducted on or from the premises or property. Failure to comply with
such standards and regulations shall be cause for revocation of any
Conditional Use Permit granted.
10. The owner of said pigeons shall be a member of the California State
Racing Pigeon Association, the American Racing Pigeon Union, Inc., or
other generally recognized pigeon racing organization with annual
registration by licensee of the individual birds. Written proof of such
registration shall be submitted with each application, and shall be
provided annually thereafter to the City.
11. The City and Planning Agency retain the right and the jurisdiction to
review a Conditional Use Permit in the event the use conducted is
modified or changed in scope, or the owner or operator seeks to expand,
alter, or change the use. This reservation of the right to review a permit
is in addition to, and not in lieu of, the right of the Planning Agency to
review and revoke or modify the permit for any violations of the conditions
imposed by the permit, or when necessary to alienate conditions which
are or may be detrimental to the public health, safety, welfare, or comfort.
12. In addition to the ability to suspend or revoke a Conditional Use Permit
pursuant to the Code of the City of Cypress, it shall be unlawful for any
person to violate or to fail to comply with any of the provisions of this
chapter. Such individual will be subject to punishment in accordance with
Section 1 -7 of the Code of the City of Cypress.
9.17 Accessory Structures
The following standards shall apply to all accessory buildings and structures
located in a residential zone:
A. An accessory building used for living purposes shall meet all of the
requirements for location of the main structure.
B. 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 for in
this Section 9.17.
C. Detached accessory structures shall conform to the following regulations:
1. A detached structure shall meet the setback requirements of the main
building for the front and street side yard areas.
City of Cypress
9 -8 Zoning Ordinance
Section 9: Residential Zones
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 (5) feet to an interior side or rear lot line, one -hour fire walls
shall be required.
3. A detached structure shall maintain a minimum of six (6) feet separation
from the main structure.
D. Canopies, either open or enclosed, or roofs attached to a main building 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 10 feet in height or project closer than five (5) feet to an
interior side or rear lot line;
2. Shall be entirely open on at least three (3) sides except for necessary
supporting columns; except that a roof connecting a main building and an
accessory building shall be open on two (2) sides.
E. Support post for patio covers may be located a minimum of five (5) feet from
the side property line. Overhanging or cantilevering portions of such patio
may be allowed to encroach to within two feet, six inches (2'6 ") from the side
property line.
9.19 Second Dwelling Units
Second dwelling units, also known as dependent housing or granny flats, may be
constructed on lots for single - family housing pursuant to Section 65852.1 of the
Government Code and subject to the following requirements:
A. The lot on which the second unit is proposed to be located shall have a
minimum area of 6,000 square feet and a minimum width of 60 feet.
B. A legal, conforming, primary dwelling unit shall exist on the lot. Any building
code violations existing in the primary dwelling shall be corrected to the
satisfaction of the Community Development Director prior to the issuance of
a building permit for the second dwelling unit.
C. The second dwelling unit must be attached to the primary dwelling unit.
D. The second dwelling unit shall be limited in size to 640 gross square feet of
living area.
E. The second dwelling unit shall conform to the height, setback, lot coverage,
and all other development standards applicable to the construction of the
primary unit in the zone district in which the unit is proposed to be located.
F. The architectural treatment of the second dwelling unit shall match that of the
primary unit to which it is attached.
G. The primary entrance to the second dwelling unit shall be clearly subordinate
to that of the primary dwelling.
H. No additional parking shall be required for the second dwelling unit if existing
off - street parking meets the requirements of Section 25 (Off- street Parking
and Loading) of this ordinance, or if the resident of the second unit is
incapable of operating a motor vehicle. If existing parking does not meet
Section 25 requirements, then one (1) additional space shall be provided.
The parking space must meet the access, paving, and other applicable
requirements contained in Section 25.
I. The applicant must be the owner of the primary unit and must occupy either
the primary unit or the second dwelling unit.
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9-9 Zoning Ordinance
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Section 9: Residential Zones
J. A covenant shall be recorded on the property that restricts the second
housing unit to the uses authorized by this Section 9.19, and in which the
owner agrees upon termination of the second unit's authorized use to
remove the unit, or to retrofit the second dwelling unit or seek other City
approvals to allow the unit to remain in conformance with the requirements of
this zoning ordinance.
For the purpose of this subsection, "retrofit" shall mean removal of the
kitchen or other cooking facilities, or other modifications specified by the
Community Development Director.
K. The property owner shall submit written notification to the Community
Development Director of any change in residency in the second dwelling unit.
9.21 Large Family Day Care Homes
Large family day care homes, as defined in Section 41.5 (Definitions - Day Care)
of this ordinance, shall be subject to the following regulations:
A. Parking for the day care use shall be provided as required by Table 25.7(A)
of this ordinance.
B. Operation of the day care home shall comply with the City's Noise Ordinance
(Chapter 13, Article VII of the Code of the City of Cypress) and all other
sections of the City Code applicable to residential uses of property.
C. Any accessory buildings or structures used in association with the day care
use shall conform to the requirements for accessory structures for the zone
in which the property is located.
9.23 Fences, Walls, and Hedges
A. In any required front yard setback, a wall or fence shall not exceed three and
one -half (3 -'/) feet in height.
B. A wall or fence not more than seven (7) feet in height, as measured from the
highest adjacent grade, may be maintained along the side or rear lot lines,
provided that the wall or fence does not extend into the required front yard
setback.
C. Within the sight distance clearance zone required by Section 7.5, no fence,
wall, or hedge shall exceed 42 inches in height.
D. Barbed wire, electrical fences, glass, and other similar objects on the top of
walls and fences shall not be permitted in any residential zone.
9.25 Mechanical Equipment
A. In all residential zones, air conditioners, heating, cooling, swimming pool
pumps, and all other non - portable, mechanical devices requiring an electrical
permit (excluding roof heat exhaust fans both motorized and non - motorized)
shall be ground mounted and shall not be located in the front yard.
B. Such mechanical units may be located in the side yard with an approved air
conditioning and /or related mechanical equipment application.
C. Mechanical equipment shall be screened from surrounding properties and
streets, and operated so that it does not disturb the peace, quiet, and comfort
of neighboring residents in accordance with the City's Noise Ordinance.
D. Solar collector panels and associated plumbing may be mounted on the
surface of roof tops, in public view, provided the associated plumbing is
painted to match the roof surface color.
City of Cypress
9 -10 Zoning Ordinance
Section 9: Residential Zones
E. Mechanical equipment and any item not clearly specified within this Section
shall meet the requirements of the mechanical code in conjunction with the
intent of this Section, as interpreted by the Design Review Committee. No
mechanical equipment may violate the City of Cypress Noise Ordinance.
F. Application for the installation of air conditioning or any other residentially
related mechanical equipment shall be submitted to the Community
Development Department on a form prescribed by the Community
Development Director. Such application shall include two (2) copies of a
scaled site plan and elevation drawing, fully dimensioned, illustrating the
proposed placement of the mechanical equipment, property lines, and
existing window locations on subject and adjacent property nearest to the
unit.
G. Proposed air conditioning units or related equipment shall be placed a
minimum of 10 feet from any window or glass door opening of any adjacent
property. Installation of such equipment requires a building permit.
9.27 Landscaping
A. Intent
The City's intent with regard to landscaping requirements is to allow for
creativity and provide latitude in the design of landscaping and irrigation
plans, and to encourage design that conserves and recycles the resources
invested in landscapes. Landscape and irrigation plans are encouraged to
take full advantage of the wide range of drought - tolerant landscape material
and low water flow irrigation systems available within the framework
established by this ordinance.
B. Landscaping Required
1. Landscaping shall be required in the front yards of all residential
development, including single - family units. Additionally, landscaping shall
be provided in common open space areas and setbacks of multiple - family
developments.
2. Landscaping of required off - street parking areas shall be provided as set
forth in Section 27.11 (Landscaping Standards - Parking Area
Landscaping Requirements) of this ordinance.
3. Landscaping of required setback areas and parkways shall be provided
as set forth 27.13 (Residential Zones Landscaping Requirements) of this
ordinance, and all other applicable provisions of Section 27 (Landscaping
Standards).
C. Landscape Plans Required
Landscape and irrigation plans shall be required for all residential
development proposals for three (3) or more units. All plans shall be
prepared and reviewed pursuant to the requirements of Section 27
(Landscaping Standards) of this ordinance.
9.29 RS -5000 Development
A. Mandatory Requirements
Small-lot, single - family development shall be subject to the following
additional standards:
1. Projects consisting of 15 or more dwelling units shall provide internal
sidewalks adjacent to private roads.
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9 -11 Zoning Ordinance
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Section 9: Residential Zones
2. Access onto adjoining streets shall be limited.
3. Perimeter setbacks shall be increased to a minimum of 15 feet where
adjacent property is zoned RS -6000. Such setbacks shall include a
minimum five -foot buffer area, to be planted with upright trees and
shrubs.
4. Houses shall be oriented to maximize privacy.
5. Long, continuous rows of identical houses shall be avoided.
6. Open space shall be devoted to landscaping, patios, walkways, and
recreational areas and facilities.
7. Private open space shall consist of a minimum of 600 square feet, with
no dimension less than 10 feet, for each dwelling. In projects consisting
of fewer than 15 dwelling units, no common open space is required. In
projects of 15 dwelling units or more, a common recreational open space
area shall be provided. Common recreational open space area shall be
provided at a minimum standard of 100 square feet per dwelling unit.
8. Masonry walls at least six (6) feet in height shall be required along all rear
and side property lines.
9. Maintenance of common facilities, including common open space, private
roads, and access driveways, shall be provided for through legal
instruments setting forth a plan or manner of permanent care and
maintenance. Copies of the required codes, covenants, and restrictions
(CC &Rs), articles of incorporation, by -laws, or other documents of the
homeowner's association or other entity which controls the common
facilities, shall be submitted to the City for approval.
B. Site Design Guidelines
The following design guidelines are provided to indicate the City's objectives
for good design of RS -5000 developments:
1. Decorative paving for private roads and access driveways is encouraged.
2. Widened private road and driveway entrances is encouraged.
3. Private roads and access driveways wider than the 24 -foot minimum is
encouraged.
4. The use of joint access between projects is encouraged.
5. Varied streetscape is encouraged both along public streets and private
roads and driveways.
6. Building design shall incorporate varying setbacks, projecting
architectural features such as windows or columns, offset roof planes,
and other features that create both vertical and horizontal articulation
(See Figure 9.29).
City of Cypress
9 -12 Zoning Ordinance
Section 9: Residential Zones
mffl
Architectural features and varying setbacks to distinguish units in small -lot subdivisions
Figure 9.29
9.31 Other Applicable Regulations
In addition to the requirements contained in this Section, any applicable
requirements in the following Sections shall apply to development in residential
zones:
Section 7: General Regulations Applicable to All Zones
Section 17: Overlay Zones
Section 19: Special Use Standards
Section 23: Home Occupations
Section 25: Off- Street Parking and Loading
Section 27: Landscaping Standards
Section 29: Signs
Section 31: Nonconforming Uses and Structures
9.33 Reserved
Division 2. Community Care Facilities
9.35 Intent and Purpose and Applicability
A. Intent and Purpose
The City recognizes the need of all persons to have equal access to housing
and to live in an environment that facilitates the development of healthy
individuals, families, and community. The City also recognizes the need to
preserve the character of its residential neighborhoods and to ensure that all
uses within those neighborhoods contribute to the overall health and safety
of the neighborhoods. Therefore, the City establishes these regulations for
non - traditional residential facilities that are allowed to located in specific
City of Cypress
9 -13 Zoning Ordinance
258
Section 9: Residential Zones
residential zone districts subject to Conditional Use Permit review and
approval.
B. Applicability
These regulations shall apply to all community care facilities housing more
than six (6) unrelated person living together. A community care facility or
group home which serves six (6) or fewer residents shall be considered a
residential use of property and shall not be subject to these regulations.
9.37 Use Regulations
A. As indicated in Table 9.3, community care facilities are only allowed subject
to Conditional Use Permit review and approval in the RM -15 and RM -20
zones. The Planning Agency may use the following grounds to deny a
Conditional Use Permit:
1. Approval of the proposed facility would result in an overconcentration of
such facilities within the neighborhood where the facility is to be operated.
For the purposes of this ordinance, overconcentration shall mean that
one or more similar approved uses is located within 300 feet of the
proposed facility; or
2. The proposed facility is located within one (1) mile of an elementary
school and a person who has been convicted of a sex offense against a
minor, pursuant to Section 1564 of the Health and Safety Code, resides
in the facility and such residence will continue after the permit is granted;
or
3. Such use cannot be sufficiently conditioned to make it compatible with
surrounding uses.
B. Any violation of Section 1564 of the Health and Safety Code shall be cause
for revocation of the Conditional Use Permit.
9.39 Reserved
Division 3. Density Bonuses
9.41 Intent and Purpose
This Division 3 is established pursuant to the provisions of Section 65915 et seq.
of the California Government Code to encourage the development of affordable
housing for both the rental and for -sale housing markets. The City recognizes
that incentives are often necessary to encourage development of such housing
and to ensure that such housing reflects the high - quality standards of
development appropriate for all housing types throughout Cypress.
9.43 Terms Defined
A. For the purposes of this Division 3, the following words and phrases shall
have the following meaning:
1. Affordable units shall mean those units set aside as a condition to
granting the density bonus and to be inhabited by individuals and families
of low and /or very low income (known collectively as "lower ").
2. Affordable payments shall mean monthly payments for an owner -
occupied unit that do not exceed 30 percent of the low and /or very low
income individual's or family's monthly income and is inclusive of principal
and interest on any mortgage, taxes, insurance, and association dues.
3. Affordable rent shall mean:
City of Cypress
9 -14 Zoning Ordinance
Section 9: Residential Zones
a For those units targeted for individuals and families of low income, a
monthly rental rate which does not exceed 30 percent of 60 percent
of area median income;
b. For those units targeted for individuals and families of very low
income, a monthly rental rate which does not exceed 30 percent of 50
percent of area median income.
4. Applicant shall mean the owner or developer of real property who
proposes to construct a qualified project providing housing for low and /or
very low income individuals and families.
5. Area median income shall mean those income levels adopted in
conformance with the United States Housing Act of 1937, 42 USC
Section 1437 et seq. and adopted by the State of California, Department
of Housing and Community Development in Title 25, California Code of
Regulations (CCR), Section 6932, which implements California Health
and Safety Code, Section 50093.
6. City, for purposes of this Division 2, shall mean the City of Cypress, the
Cypress Redevelopment Agency, a housing authority formed by the City,
or any agent, agency, or instrumentality of the City so designated by
resolution of the City Council.
7. Density bonus shall mean an increase above the otherwise applicable
maximum density for the General Plan land use designation and zoning
for the site of the proposed development. Density bonus shall be a 25
percent increase above the otherwise allowable density.
8. Elderly individuals shall mean those individuals and families who qualify
as such pursuant to California Health and Safety Code, Section 50067.
9. Low income individuals shall mean those individuals and families with
incomes at or below the range established pursuant to California Health
and Safety Code, Section 50079.5, and delineated at 25 CCR 6932; and
also includes elderly individuals and families as defined in California
Health and Safety Code, Section 50067.
10. Owner - occupied projects shall mean those qualified projects for which
a density bonus has been granted and which are designed to be sold to
low or very low income individuals or families, as opposed to rented to
such qualified individuals or families.
11. Qualified project shall mean either an owner - occupied project or a rental
project for a housing development consisting of five (5) or more units for
which the applicant agrees to construct 20 percent or more of the units
for occupancy by lower income individuals and families or 10 percent of
the total units for individuals and families of very low income.
12. Rental projects shall mean those density bonus projects designed to
serve individuals and families of low and /or very low income on a rental
basis whereby such rent payments do not exceed one -third (1/3) of the
individual's or family's qualified monthly income.
13. Reserved retained proceeds shall mean the difference between the
market rate resale price of the affordable unit(s) during the restricted
period and the amount of the resale price the owner is authorized to
retain under the provisions of Sections 9.43 (C)(1) and 9.43 (D) (1) of this
Division 3.
14. Section 8 shall mean Section 8 of the United States Housing Act of
1937, as amended, now codified at 42 U.S.C. Section 1437 et seq.
15. Very low income individuals shall mean those individuals and families
with incomes at or below the range established pursuant to California
Health and Safety Code, Section 50105, and delineated at 25 CCR 6932.
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9.45 Participation Requirements
A. Minimum Number of Units
Only housing developments consisting of five (5) or more housing units shall
be eligible for a density bonus pursuant to the provisions of this Division 3.
B. Pre - application and Application Process
1. Prior to the submittal of a formal application for a density bonus, the
applicant shall complete and submit a pre - application consistent with the
requirements of the Community Development Department. A pre -
application conference shall be conducted with the Community
Development Director or his designee for the purpose of reviewing the
provisions of this Division 3 and discussing the incentives or concessions
that may be applied to the proposed project.
2. Within 90 days after receipt of the pre - application, the Community
Development Department shall notify the applicant in writing of the
procedures under which the application shall comply with the provisions
of this Division 3 and Government Code Section 65915 et seq. Included
within that determination, which shall be approved by the Planning
Agency shall be the method of compliance to be utilized for this project,
including the incentive and /or concession pursuant to Section 9.41(A)
(Incentives and Concessions).
3. Following receipt of the notice of the Community Development
Department described in subparagraph 2 above, the applicant may
submit a formal application consistent with the requirements of Section
35.7 (Application Procedures) of this ordinance.
If the applicant believes that a waiver or modification of applicable
development and zoning standards is necessary to make the project
economically feasible, the applicant shall bear the burden of showing that
such waiver or modification is necessary.
9.47 City Incentives to Encourage Participation
A. Incentives and Concessions
In addition to granting the density bonus for a qualifying project pursuant to
this Division 3, the City shall grant at least one (1) incentive or concession for
each project as follows:
1. Incentives
Incentives shall include: subsidized development fees, mixed -use zoning
(combination of housing with commercial, office, industrial, or other land
uses which will reduce the cost of the housing development), waiver of
certain development fees, and direct financial participation by the City.
2. Concessions
Concessions shall include: increases in lot coverage, decreases in
minimum lot size permitted for development, reduction in side yard
setbacks, reduction in rear yard setbacks, coordination of placement and
responsibilities for public works improvements, reduction in local building
standards to those minimums approved by the State, reduction in the
number of required off - street parking spaces, or the waiver of certain fee
or dedication requirements.
B. Additional Density Bonus
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If the applicant desires to construct a qualified project which would consist of
both 20 percent of the total units serving lower income individuals and
families, and 10 percent of the units for very low income individuals and
families, the applicant is entitled to only one (1) density bonus and at least
one (1) additional incentive or concession identified above. However, the
Planning Agency may in its discretion grant more than one (1) density bonus
for the project.
9.49 Minimum Requirements - Rental Units
A. Standards and Limitations
Whenever an applicant agrees to construct a rental project with 20 percent or
more of the units set aside for occupancy by lower income individuals and
families; or 10 percent or more of the units set aside for occupancy by very
low income individuals and families; or 50 percent or more of the units set
aside for qualifying residents as defined in Civil Code Section 51.2, the
applicant may request a density bonus as defined herein. This request for a
density bonus shall be granted, subject to the following standards and
limitations:
1. The proposed project qualifies under the applicable definitions set forth in
Section 9.41 (Terms Defined) above.
2. The applicant is eligible for both a density bonus and at least one (1)
additional incentive or concession.
3. The additional incentive or concession shall be from the list set forth in
Section 9.47(A) (Incentives and Concessions) above.
4. The applicant shall enter into and execute a written density bonus
agreement with the City prior to the issuance of any building permits. This
density bonus agreement shall set forth specifically the terms of the
density bonus and shall identify any additional incentive or concession
provided.
5. The units set aside for lower income individuals and families (the
affordable units) shall be affordable for such individuals and families at
affordable rents as defined in Section 9.37(A)(3) for a period of at least
30 years. However, if the City, in approving the project, does not grant at
least one (1) incentive or concession pursuant to Section 9.41 (City
Incentives to Encourage Participation) above, the City and the applicant
may agree to limit the affordability period to 10 years.
6. Any units constructed as a rental project to serve individuals and families
of low and /or very low income for which the rental project receives direct
financial assistance from the federal or State government or from the City
redevelopment agency, or housing authority, including local construction
or mortgage financing assistance, mortgage insurance, rent subsidies,
reduced cost realty, or similar financial participations, shall be reserved
for a period of 30 years. A longer period of time may be established if
required by the construction or mortgage financing assistance program,
mortgage insurance program, rental subsidy program, or applicable
redevelopment law.
7. Units financed under Section 1472 and 1490(a) of Title 42 of the United
States Code shall be subject to the applicable restrictions of that Title.
The applicant shall ensure, and the City shall review for compliance, that
the units designated for lower income individuals and families contain a
bedroom mix representative of the entire development and contain
comparable quality amenities representative of the entire project. In no
instance shall the applicant be entitled to downgrade the affordable units
or to make them of lesser quality or in any way prejudice or stigmatize the
unit and /or the residents therein.
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8. The recorded covenants for the rental project shall provide for liquidated
damages to be paid to the City, or any housing authority acting on the
City's behalf, in the event of a breach of the terms of the agreement
required under this Section. The liquidated damages shall be set forth in
the agreement, determined in advance by the City, and shall relate
directly to the anticipated costs of providing replacement affordable units
for the balance of the term of the agreement required pursuant to this
Division 3.
9. The applicant may participate in the County of Orange Single- family
Revenue Bond Program and shall conform to the criteria established by
the Bond Program requiring affordability for lower income or very low
income individuals and families. However, the applicant shall also be
required to meet the standards, requirements, conditions, and terms of
the density bonus program and this Division 3 established by the City. In
the event of conflict between the terms and conditions of the county
program and this Division 3, such conflict shall be resolved in the
agreement between the City and the applicant. Such agreement shall
govern the conflicts therein.
B. Right of Planning Agency to Deny Additional Incentive or Concession
After evaluating any additional incentive or concession that could result in the
rental project being produced at the reduced cost, the Planning Agency may
make a written finding that the additional incentive or concession is not
required in order for rents for the affordable units to qualify as affordable
pursuant to Section 9.43(A)(3) (Terms Defined - Affordable Rent) above.
9.51 Minimum Requirements - Owner - occupied Units
A. Standards and Limitations
Whenever an applicant agrees to construct an owner - occupied project with
20 percent or more of the units set aside for occupancy by lower income
individuals or families; or 10 percent or more of the units set aside for
occupancy by very low income individuals and families; or 50 percent or
more of the units set aside for qualifying residents as defined in Civil Code
Section 51.2, the applicant may request a density bonus as defined in this
Division 3. This request for a density bonus shall be granted, subject to the
following standards and limitations:
1. The proposed project qualifies under the applicable definitions set forth in
Section 9.43 (Terms Defined) above.
2. The applicant is eligible for both a density bonus and at least one (1)
additional incentive or concession.
3. The additional incentive or concession shall be from the list set forth in
Section 9.47(A) (Incentives and Concessions) above.
4. No application for a development project which includes an owner -
occupied density bonus unit shall be complete unless and until the
applicant has entered into and executed a written density bonus
agreement provided to the applicant by the City. This density bonus
agreement shall set forth specifically the terms of the density bonus, and
identify any additional incentive or concession provided. Applicants
seeking to utilize the "affordability plan" option provided in Section
9.51(B) (Determination of Initial Selling Price) shall submit such
"affordability plan" concurrently with the filing of the application for the
development project.
5. The units set aside for lower income individuals and families (the
"affordable units ") shall be affordable, with affordable payments as
defined in Section 9.43(A)(3) (Terms Defined - Affordable Rent) for such
individuals and families for a period of at least 30 years. However, if the
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City, in approving the project, does not grant at least one (1) incentive or
concession pursuant to Section 9.47(A) (Incentives and Concessions)
above, the City and applicant may agree to limit the affordability period to
10 years.
6. Any units constructed as an owner - occupied project for which the owner -
occupied project receives direct financial assistance from the federal or
State government or from the City redevelopment agency, or housing
authority, including local construction or mortgage financing assistance,
mortgage insurance, rent subsidies, reduced cost realty, or similar
financial participations shall be reserved for a period of 30 years. A
longer period of time may be established if required by the construction or
mortgage financing assistance program, mortgage insurance program,
rental subsidy program, or applicable redevelopment law.
7. Units financed under Section 1472 and 1490(a) of Title 42 of the United
States Code shall be subject to the applicable restrictions of that title. The
applicant shall ensure, and the City shall review for compliance, that the
units designated for lower income individuals and families contain a
bedroom mix representative of the entire development and contain
comparable quality amenities representative of the entire project. In no
instance shall the applicant be entitled to downgrade the affordable units
or to make them of lesser quality or in any way prejudice or stigmatize the
unit and /or the residents therein.
8. The recorded covenants for the owner - occupied project shall provide for
liquidated damages to be paid to the City, or any housing authority acting
on the City's behalf, in the event of a breach of the terms of the
agreement required under this section. The liquidated damages shall be
set forth in the agreement, determined in advance by the City, and relate
directly to the anticipated costs of providing replacement affordable units
for the balance of the term of the agreement required pursuant to this
Division 3.
9. The applicant may participate in the County of Orange Single- family
Revenue Bond Program and shall conform to the criteria established by
the bond program requiring affordability of lower income or very low
income individuals and families. However, the applicant shall also be
required to meet the standards, requirements, conditions, and terms of
the density bonus program and this section established by the City. In the
event of conflict between the terms and conditions of the county program
and this Division 3, such conflict shall be resolved in the agreement
between the City and the applicant. Such agreement shall govern the
conflicts therein.
B. Determination of Initial Selling Price
The initial selling price of the affordable unit(s) shall be based upon one of
the following mechanisms:
1. The total unit price for any qualified affordable unit shall not be more than
three (3) times the income of the low and /or very low income individuals
or families purchasing any such affordable unit. The monthly payments
including principal, interest, taxes, insurance, and association dues, if
any, shall not exceed 30 percent of the income of the low or lower income
individuals or families buying the unit(s) based on a fully amortized 30-
year fixed rate mortgage or a 30 -year variable rate mortgage with
payment increases of no more than seven and one -half (7 1/2) percent
per year. With the variable rate mortgage and increases thereon, the total
monthly payments shall not exceed 30 percent of the monthly income of
the low or lower income individuals or families purchasing the unit(s).
Down payment requirements shall not exceed that customarily required in
the lending industry for units selling at a comparable price.
2. The total unit price for the affordable unit(s) may be based on an
"affordability plan" submitted by the applicant with the application for a
density bonus. Such "affordability plan" shall demonstrate to the
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satisfaction of the Community Development Director that the affordable
unit(s) sold under the affordability plan will be affordable to individuals
and families of low and lower income. Utilization of the affordability plan
shall only be available to an applicant if the plan is specifically approved
by the Planning Agency at the time the Agency approves the project.
The failure of the Planning Agency to approve or the applicant to request
or submit an affordability plan at the time the application for the project is
complete or deemed complete shall mean the pricing mechanism set
forth in subparagraph (B)(1) above controls.
C. Resale of Affordable Units - 10-Year Period
1. Resale of any affordable units restricted to remain affordable for a 10-
year period, when such resale occurs within said 10 -year period, shall be
at the prevailing market rate. The proceeds of the affordable unit(s) on
resale shall be divided between the initial purchaser and the City during
the 10 -year period. In addition to the proceeds retained by the initial
purchaser, the initial purchaser shall also be entitled to the reasonable
costs of any capital improvements made to the affordable unit(s). During
said 10 -year period, the initial purchaser shall be entitled to retain 10
percent of the proceeds for each year of ownership. After year 10, the
initial purchaser shall be entitled to 100 percent of the proceeds of the
affordable unit(s) on resale.
2. The City's share of any proceeds from the resale of an affordable unit
during said 10 -year period shall be used solely and exclusively to assist
individuals and families of low and /or very low income with the purchase
of a home in the City.
3. When the reserved retained proceeds obtained by the City pursuant to
subparagraph (C)(2) above are used to finance the purchase of a home
for individuals or families of low or very low income, these homes shall be
subject to the same restrictions as in subparagraph (C)(2) above. Upon
resale during the 10 -year period, the resale shall occur at the prevailing
market rate, and the City shall be reimbursed for its loan to the
homeowner and shall share in the proceeds of the sale to the degree that
the City's contribution represented to the purchase price by the
homeowner. In addition to the proceeds retained by the homeowner, the
homeowner shall also be entitled to the reasonable costs of any capital
improvements made to the home.
4. The reserved retained proceeds shall constitute the City's security for
performance of the affordability requirements and shall be in the nature of
a lien on the affordable unit(s). Such lien shall be released by the
payment to the City by the property owner of the reserved retained
proceeds or by the termination of the period during which the affordable
unit(s) is /are to remain affordable.
D. Resale of Affordable Units - 30 -Year Period
1. Resale of any affordable unit restricted to remain affordable for a 30 -year
period, when such resale occurs within said 30- period, shall be at the
prevailing market rate. The proceeds of the affordable unit(s) on resale
shall be divided between the initial purchaser and the City during the 30-
year period. In addition to the proceeds retained by the initial purchaser,
the initial purchaser shall also be entitled to the reasonable costs of any
capital improvements made to the affordable unit(s). During said 30 -year
period, the initial purchaser shall be entitled to retain three and three -
tenths (3.3) percent of the proceeds for each of the first 29 years in which
the initial purchaser owns the affordable unit(s) and the balance of the
proceeds, (approximately four and three - tenths (4.3) percent), after the
thirtieth year of ownership. After year 30, the initial purchaser shall be
entitled to 100 percent of the proceeds of the affordable unit(s) on resale.
2. The City's share of any of the proceeds from the resale of an affordable
unit during said 30 -year period shall be used solely and exclusively to
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Section 9: Residential Zones
assist individuals and families of low or very low income with the
purchase of a home in the City.
3. When the reserved retained proceeds obtained by the City pursuant to
subparagraph (D)(2) above are used to finance the purchase of a home
for individuals or families of low or very low income, these homes shall be
subject to the same restrictions as in subparagraph (D)(1) above. Upon
resale during the 30 -year period, the resale shall occur at the prevailing
market rate, and the City shall be reimbursed for its loan to the
homeowner and shall share in the proceeds of the sale to the degree that
the City's contribution represented to the purchase price by the
homeowner. In addition to the proceeds retained by the homeowner, the
homeowner shall also be entitled to the reasonable costs of any capital
improvements made to the home.
4. The reserved retained proceeds shall constitute the City's security for
performance of the affordability requirements and shall be in the nature of
a lien on the affordable unit(s). Such lien shall be released by the
payment to the City by the property owner of the reserved retained
proceeds or by the termination of the period during which the affordable
unit(s) is /are to remain affordable.
E. Right of Planning Agency to Deny Additional Incentive or Concession
After evaluating any additional incentive or concession which could result in the
owner - occupied project being produced at the reduced cost, the Planning
Agency may make a written finding that the additional incentive or concession is
not required in order for the affordable unit(s) to qualify as affordable pursuant to
Section 9.37(A)(3) (Terms Defined - Affordable Rent) above.
9.53 Rental or Leasing of Affordable Owner - occupied Units Unlawful
It shall be unlawful and an infraction, subject to punishment in accordance with
Section 1 -7(b) and (c) of the Code of the City of Cypress, for the owner(s) of any
owner - occupied affordable unit subject to the provisions of this section to rent,
lease, sublease, sublet, subrent, hire -out, let, underlease, underrent, or
otherwise let for consideration the unit. This restriction shall not prohibit owner -
occupant(s) from having roommates as paying tenants of the unit, so long as the
owner - occupant(s) resides at the unit.
9.55 Reserved
Division 4. Condominiums, Conversions, and Cooperatives
9.57 Application Requirements
A. Prior to a formal application for a condominium conversion or construction of
a condominium development, the applicant shall meet with the Community
Development Director to review and discuss the feasibility of the proposed
project.
B. A Conditional Use Permit application for a condominium conversion or
construction of a condominium development shall be returned to the
Community Development Director with the following documents:
1. Plot plans indicating the following:
a. The location, height, gross floor area, and proposed uses of each
existing and proposed structure.
b. The location, use, and type of surfacing of all open storage areas.
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c. The location and type of surfacing of all driveways, pedestrian ways,
vehicle parking areas, and curb cuts.
d. The location, height, and type of materials for walls and fences.
e. The 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. The location of all recreational facilities and a statement specifying
the method of maintenance.
g. The location of parking facilities to be used in conjunction with each
dwelling unit.
h. The location, elevation, and type of color of materials to be employed
and methods of illumination for signs.
2. Structural elevations shall be required at the discretion of the Community
Development Director. Elevations shall indicate the type of materials used in
construction, as well as the method used to provide sound insulation in all
common walls.
C. A Conditional Use Permit application for a condominium conversion must be
accompanied by the following additional documents:
1. A report to the City describing all repairs and replacements necessary, if any,
to immediately place the buildings in compliance with current building and
safety codes, and the probable cost of such work. This report shall include a
statement prepared by a licensed mechanical engineer verifying the condition
of the mechanical elements in the project, including but not limited to the
furnace, air conditioner, pumps, water heaters, and plumbing fixtures.
2. A pest inspection and written report by a certified inspector.
3. A comprehensive building report that includes age, material, and conditions,
where applicable, for each of the following:
a. Type and age of construction.
b. Walls, interior and exterior.
c. Roof.
d. Garages.
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.
I. Estimated schedule for conversion.
m. Estimated price range of converted units.
n. List of the improvements being considered.
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o. Estimate of the amount of available similar housing in the area.
9.59 Development Standards
A. 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.
B. 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.
C. 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 of the
Conditional Use Permit.
D. Utility systems shall exist or shall be constructed to adequately provide for
individual metered utility services to all condominiums.
E. 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 this converted multiple dwelling unit 90 days prior to the unit being
place for sale to the general public.
9.61 Special Conditions
A. Copies of the required codes, covenants, and restrictions (CC &Rs), articles
of incorporation, by -laws, or other documents of the homeowner's
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.
B. The City may vary from any or all of these conditions in addition to any others
in order to ensure compatibility of the use with surrounding developments
and uses and to preserve the public health, safety, and welfare.
9.63 Findings Required
Pursuant to Section 35.83 (Required Findings) of this ordinance, the Community
Development Department shall make the following findings before granting a
Conditional Use Permit for the construction of conversion of condominium(s):
A. The proposed location of the condominium is in accord with the objectives of
this Section and the purpose of the zone in which the site is located.
B. The proposed location of the condominium and the conditions under which it
would be maintained will not be detrimental to the public health, safety, or
general welfare, or materially injurious to properties or improvements in the
vicinity.
C. The proposed condominium will comply with each of the applicable
provisions of this ordinance, except for approved Variances.
9.65 Reserved
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Section 9: Residential Zones
Division 5. Mobile Home Park Zone (MHP -20A)
9.67 Intent and Purpose
A. Intent
The Mobile Home Park (MHP -20A) zone is intended to provide areas for the
exclusive development of mobile home parks. All mobile home parks shall
be developed in accordance with the provisions of this Division 5.
B. Purpose
The purpose of this Division 5 is to provide regulations for the location,
design, and improvement of mobile home parks, as defined by Section
18214 of the Health and Safety Code and in Section 41 (Definitions) of this
ordinance.
9.69 State Regulation of Mobile Home Parks
The provisions of the Mobile Home Parks Act, California Health and Safety
Code, Division 13, Chapter 2, Subchapter 1, and the applicable regulations
adopted pursuant thereto by the State Department of Housing and Community
Development are hereby adopted as a part of this Section. It shall be the duty of
the Building Official to enforce all of the provisions of the Act pertaining to the
construction, alteration, or modification of all manufactured dwelling units within
mobile home parks. Construction only of all other structures shall be subject to
the review and approval of the Community Development Department. It shall be
the duty of the Building Official to enforce all the provisions pertaining to permits
for the operation, maintenance, use, occupancy, sanitation, and safety of all
mobile home parks.
9.71 Development Standards for Mobile Home Parks
The following development standards shall apply to mobile home parks within
the City of Cypress.
A. Minimum Areas
Mobile home parks shall be developed on a parcel of land at least 20 acres in
area, with a minimum frontage of 250 feet.
B. Drainage
All mobile home parks shall be located on a graded site with no depressions
in which surface water will accumulate. The ground shall be sloped to
provide storm drainage run -off by means of surface or subsurface drainage
facilities.
C. Roadways
1. Roadways within a mobile home park shall have a minimum width of 32
feet if car parking is permitted on one side of the roadway, and a
minimum width of 40 feet if car parking is permitted on both sides of a
roadway. Roadways designed for car parking on one side shall have
signs or markings prohibiting the parking of vehicles on the traffic flow
side of the roadway.
2. All roadways shall have clear and unobstructed access to a public
thoroughfare. A roadway may have security gates as permitted by other
City ordinances.
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Section 9: Residential Zones
D. Required Recreation Area
A minimum area of 150 square feet for common recreation purposes is
required for each mobile home space. If children under the age of 18 are
permitted within the development, this requirement shall be increased to 200
square feet for each mobile home space.
Such space shall be located to be convenient to all residents of the mobile
home park.
E. Accessory Buildings and Uses
Accessory buildings and uses that serve the entire mobile home park,
including recreation facilities, laundry areas, mobile home park offices, and
maintenance or storage buildings, shall be located at least 50 feet from the
boundary of any mobile home lot. All exterior maintenance or storage areas
shall be enclosed by a masonry wall of at least six (6) feet in height.
F. Perimeter Screening
Perimeter screening of the mobile home park shall be provided as required
through Design Review or Conditional Use Permit approval.
9.73 Development Standards for Mobile Home Sites or Lots
The following development standards shall apply to all mobile home lots within a
mobile home park located in the City of Cypress.
A. Occupancy
Each mobile home site or lot shall accommodate only one mobile home,
recreational vehicle, or commercial coach.
B. Drainage
The area beneath each mobile home shall be sloped to provide for drainage
from beneath the mobile home to an outside surface drainage facility.
C. Lot/Space Area and Dimensions
Each mobile home site or lot shall contain a minimum area of 3,500 square
feet for exclusive use by the occupants of the site or lot. Each site or lot
space shall have a minimum width of 45 feet and a minimum depth of 65
feet.
D. Distance Between Mobile Home Units
Mobile homes located in mobile home parks shall maintain a minimum
distance of 10 feet from side to side, eight (8) feet from side to front or rear,
and six (6) feet from rear to rear, front to front, or front to rear. Each mobile
home shall be located not less than three (3) feet from the boundary of the
mobile home site or lot. (See Figure 9.73(D))
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Section 9: Residential Zones
Access Road
T
Eft
minimum
Access Road
Figure 9.73 (D)
Minimum Distances Between
Mobile Homes
E. Accessory Structures
1. Accessory buildings and structures located on a mobile home site or lot
may extend into these required separations, provided that a minimum
separation of six (6) feet is maintained between the edge of the projection
and an adjacent mobile home, building, accessory structure, or
projection.
2. Accessory buildings and structures shall maintain a minimum setback of
three (3) feet from any mobile home lot line. However, carports, awnings,
fences, windbreaks, storage cabinets, and stairways may be installed to
the lot line.
F. Lot Coverage
The area of a mobile home lot or site covered by the mobile home and all
accessory buildings and structures shall not exceed 75 percent of the site or
lot area.
G. Required Landscaping
A minimum of 20 percent of each mobile home site or lot shall be landscaped
with plant materials, including at least one (1) tree on each space.
H. Access
Each mobile home site or lot shall have direct access to an abutting roadway
that provides circulation through the mobile home park or subdivision.
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9 -26 Zoning Ordinance
Section 9: Residential Zones
9.75 On -site Improvement Requirements
On -site improvements shall be constructed and maintained in conformance with
the conditions of applicable Design Review or Conditional Use Permit approval.
Such improvements may include the design, construction, and maintenance of
the following:
1. Access drives, sidewalks, and parking spaces.
2. Walls and fences.
3. Lighting.
4. Drainage and sanitary sewer facilities.
5. Electrical and water service.
6. Fire protection facilities.
7. Refuse collection facilities.
9.77 Pre - existing Mobile Home Parks
A pre- existing mobile home park shall not be deemed nonconforming by reason
of failure to meet the minimum requirements prescribed by this Division 5.
However, the regulations of this Division 5 shall apply to the remodeling,
enlargement, or expansion of a mobile home park. The following specific
standards apply to pre- existing mobile home parks:
1. In mobile home parks constructed prior to September 15, 1961, each mobile
home shall have access from the mobile home site or lot to a roadway not
less than 15 feet in width.
2. In mobile home parks constructed prior to September 15, 1961, no mobile
home shall be located closer than six (6) feet from any permanent building or
another mobile home.
9.79 Other Applicable Regulations
In addition to the requirements contained in this Division 5, the following
additional requirements contained in this ordinance shall apply to development in
the Mobile Home Park zone:
Section 7: General Regulations Applicable to All Zones
Section 19: Special Use Standards
Section 23: Home Occupations
Section 25: Off- Street Parking and Loading
Section 29: Signs
Section 31: Nonconforming Uses and Structures
9.81 Reserved
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Section 11: Commercial Zones
SECTION 11. COMMERCIAL ZONES
Section Contents:
11.1 Intent and Purpose
11.3 Use Regulations
11.5 Development Standards
11.6 Permitted Project
11.7 Accessory Structures
11.9 Buffering Requirements
11.11 Fences, Walls, and Hedges
11.13 Mechanical Equipment Screening
11.15 Landscaping
11.17 Outdoor Storage and Display
11.19 Community Care Facilities
11.21 Single -room Occupancy Housing
11.23 Commercial Vehicle Parking and Operation
11.25 Trash Collection and Deliveries
11.27 Other Applicable Regulations
11.29 Reserved
11.1 Intent and Purpose
A. Intent
Four commercial zones are established to provide for the preservation and
enhancement of areas throughout the City for a variety of commercial
business activities that contribute to the community's economic well- being.
These provisions set forth standards to ensure the compatible and mutually
beneficial interaction of commercial uses with residential consumers, to
encourage quality development projects, and to accommodate the varied
needs of the business community.
B. Purpose
The purpose of the four commercial zones is as follows:
1. Office Professional Zone OP -10000
The Office Professional (OP- 10000) zone provides for professional and
administrative offices. It sets forth specific setback, landscaping, and
architectural requirements to ensure compatibility with adjacent
residential uses.
2. Commercial Neighborhood Zone CN -10000
The Commercial Neighborhood (CN- 10000) zone provides for low- scale,
local, community- oriented shopping centers with limited retail business
service and office facilities. The primary purpose of these centers is to
establish facilities for the convenience of neighborhood residents, with
limited impact in terms of traffic, noise, and on -site activity.
3. Commercial General Zone CG -10000
The Commercial General (CG- 10000) zone provides for the continued
use, expansion, and new development of a wide variety of retail and
wholesale commercial enterprises, service uses, entertainment uses, and
similar businesses.
4. Commercial Heavy Zone CH -10000
The Commercial Heavy (CH- 10000) zone provides for the establishment
of businesses whose proximity to major arterial highways is essential or
desirable for their operation. Such concentration focuses vehicle activity
in areas where roadways can accommodate heavy traffic volumes and
also allows for interaction among similar or related uses.
City of Cypress
11 -1 Zoning Ordinance
Section 11: Commercial Zones
11.3 Use Regulations
A. Table 11.3 indicates the uses permitted in the OP- 10000, CN- 10000, CG-
10000, and CH -10000 zones. Retail and service commercial uses represent
the primary permitted uses, although other uses are allowed as accessory,
conditionally permitted, and temporary uses, as indicated in Table 11.3.
B. Certain permitted uses and conditionally permitted uses may be subject to
special conditions regarding the location, operation, or design of the use.
Such uses are marked in Table 11.3 with an asterisk ( *), and the special
conditions that apply are contained in Section 19 (Special Use Standards) of
this ordinance.
C. For uses not listed in Table 11.3, the provisions of Section 3.3 (Community
Development Director Responsibilities) of this ordinance shall apply.
Table 11.3
Permitted and Conditional Uses - Commercial Zones
Use
OP- !
10000
CN-
10000
CG-
10000
CH-
1 0000
Acupuncture Clinic
P
P
P
P
Ambulance Substation
X
X
C
C
Antique Sales
X
P
P
P
Appliance Store - Large appliances
X
C
P
P
Appliance Store - Small appliances
X
P
P
P
Arcade
X
C
C
C
Artist Studio
P
P
P
P
Auction House
X
X
C
C
Automobile Rental Agency (with vehicle on site)
X
X
C
C
Automobile Rental Agency (office with no vehicles on
site)
P
P
P
P
Automobile Repair Garage
X
X
C
C
Automobile Service Station
X
C
C
C
Automobile/Truck Sales, New and Used
X
X
C
C
Automobile Painting
X
X
C
C
Automobile Parts and Supply Store
X
C
P
P
Bakery, Retail
X
P
P
P
Bar
X
X
C*
C*
Barber or Beauty Shop
C
P
P
P
Bicycle Shop
X
P
P
P
Billiard Hall
X
C
C
C
Bingo Game Operations (Non - profit organizations)
C
X
C
C
Book Store
X
P
P
P
Bowling Alley
X
C
C
C
Candy /Confectionary Store
X
P
P
P
Car Wash
X
X
C
C
Catering Service
X
X
C
C
Church, Convent, Monastery, or other religious
institution
C
C
C
C
Clothing Sales and Rental
X
P
P
P
Club or Lodge
C
X
C
C
Coin Shop
X
P
P
P
Community Care Facility
C
C
C
C
Convalescent Home or Hospital
C
X
C
C
Dairy Products Store, Drive -in
X
C
C
C
Dance or Karate Studio
P
P
P
P
Day Care Center
C
X
C
C
Department Store
X
X
P
P
Drug Store
X
P
P
P
Dry Cleaning Plant
X
C
C
C
Dry Cleaning Service
X
P
P
P
Educational Institution, public or private
C
X
C
C
Farm Equipment Sales, Rentals, or Repairs
X
X
C
C
Feed and Grain Sales
X
C
P
P
Financial lnstitution
P
P
P
P
Florist Shop
C
P
P
P
Fortune Telling Business
P
P
P
P
Furniture Sales, Rentals, or Repairs
X
X
P
P
Key: P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
A = Permitted as an Accessory Use
X = Not Permitted
* = Special use conditions and /or
development standards apply.
City of Cypress
11 -2
Zoning Ordinance
273
274
Section 11: Commercial Zones
Table 11.3
Permitted and Conditional Uses -
Use
OP -
1000 0 .
CN-
10000
CG- .
10000
CH-
x;10000.
Garden Supply Store (In CN zone, all equipment and
supplies kept in enclosed area)
X
P
P
P
Gift Shop
X
P
P
P
Grocery Store, Retail
X
P
P
P
Hardware Store
X
C
P
P
Health Club
C
C
C
C
Hobby Supply Shop
X
P
P
P
Hotel or Motel
X
X
C
C
Interior Decorating or Drapery Shop
X
P
P
P
Janitorial Service and Supplies
X
X
P
P
Jewelry Sales
X
P
P
P
Laundromat
X
C
P
P
Laundry Service
X
C
P
P
Library
C
C
C
C
Liquor Store
X
C*
C*
C*
Massage Parlor
X
X
C
C
Medical /Dental Office or Clinic
P
P
P
P
Mini - Market
X
C*
C*
C*
Mortuary
C
X
C
P
Motorcycle Sales and Service
X
X
C
C
Museum
C
C
C
C
Nursery School - see Day Care Center
Nursery (in CN zone, all equipment and supplies kept
in enclosed area)
X
P
P
P
Office Equipment/Supply Store
X
X
P
P
Parking Garage, Private
X
X
P
P
Pet Shop
X
C
P
P
Pharmacy (if located in building with 5 or more
medical practitioners)
P
P
P
P
Pharmacy (not located in building with 5 or more
practitioners)
X
P
P
P
Photocopy Business
P
P
P
P
Photographic Studio
P
P
P
P
Playland Associated with a Restaurant
X
C
C
C
Pool Sales, Service and Supplies
X
X
P
P
Post Office Branch
C
C
C
C
Printing and Publishing
X
X
C
C
Professional Office
P
P
P
P
Public Storage Facility (Mini- warehouse)
X
X
C
C
Public Utility Service Office
P
P
P
P
Public Utility Substation, Reservoir, or Pumping Plant,
not including Office
C
C
C
C
Recreation Facility, public or private
C
C
C
C
Recreational Vehicle Sales, Service, and Storage
X
X
C
C
Restaurant, Drive - through, Fast Food, or with Outdoor
Seating - see also "Playland"
C
C
C
C
Restaurant, Sit -down
C
C
P
P
Restaurant, With Alcohol Sales
C*
C*
C*
C*
Retail Sales, General
X
P
P
P
Reverse Vending Machine and Storage Container
X
C
C
C
Satellite Dish Antenna
P*
P*
P*
P*
Shoe Repair /Sales
X
P
P
P
Sign Painting Shop (within enclosed building - no
spray booth)
X
X
P
P
Single -Room Occupancy Housing
X
X
X
C
Skateboard Park
X
X
C
C
Skating Rink
X
X
C
C
Sporting Goods Store, with firearms
X
C
C
C
Sporting Goods Store, no firearms
X
C
P
P
Stamp Shop
X
P
P
P
Stationary Sales
X
P
P
P
Stone, Rock, and Monument Yard
X
X
C
C
Tailor Shop
X
P
P
P
Tanning Salon
C
P
P
P
Tatoo Parlor
X
X
C
C
Taxidermist
X
P
P
P
Telegraph Office
P
P
P
P
Key: P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
A = Permitted as an Accessory Use
X = Not Permitted
* = Special use conditions and /or
development standards apply.
City of Cypress
11 -3
Zoning Ordinance
Section 11: Commercial Zones
Table 11.3
Permitted and Conditional Uses - Commercial Zones
OP-
10000
CN-
10000
CG-
10000
CH-
0000
Television Repair Shop
X
C
P
P
Temporary Storage Facility
C
C
C
C
Temporary Use (see Section 35, Division 10)
P*
P*
P*
P*
Theater, Drive -in Movie
X
X
C
C
Theater, Entertainment
X
C
C
C
Theater, Movie
X
X
C
C
Tobacco Shop
X
P
P
P
Toy Store
X
P
P
P
Travel Agency
P
P
P
P
Truck and Trailer Sales, Rentals, and Service
X
X
C
C
Upholstery Shop
X
X
P
P
Variety Shop
X
P
P
P
Vehicular Storage Yard
X
X
C
C*
Veterinarian Services, including Small Animal Hospital
X
X
C
P
Video Store
X
P
P
P
Key: P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
A = Permitted as an Accessory Use
X = Not Permitted
* = Special use conditions and /or
development standards apply.
City of Cypress 11 -4 Zoning Ordinance
270
Section 11: Commercial Zones
11.5 Development Standards
A. Table 11.5 identifies the development standards applicable to all
development in the OP- 10000, CN- 10000, CG- 10000, and CH -10000 zones.
B. Those lots shown on an approved and recorded subdivision map, or for
which a deed was recorded prior to the incorporation of the City of Cypress,
may be used as a building site irrespective of the minimum lot size, lot width,
and lot depth standards set forth in Table 11.5.
TABLE 11.5
Development Standards - Commercial Zones
Development
Standards
1. Minimum Lot Size
OP -10000
10,000 sf
10,000 sf
CG- 10000'
10,000 sf
10,000 sf
2. Minimum Lot
Width
100 ft.
100 ft.
60 ft.
50 ft.
3. Minimum Lot
Depth
100 ft.
100 ft.
100 ft.
100 ft.
4. Front Yard
20 ft.
10 ft.
10 ft.
Average of abutting
lots; required
minimum of 6 ft.
and maximum of 10
ft.
5. Side Yard
Interior
Street Side
Abutting
residential zone
district
5 ft.
10 ft.
20 ft.
10 ft.
10 ft.
20 ft.
0 ft.
10 ft.
20 ft.
0 ft.
10 ft.
20 ft.
6. Rear Yard
5 ft.
10 ft.
10 ft.
10 ft.
7. Maximum Lot
Coverage
60%
35%
No maximum
(a)
No maximum
(a)
8. Maximum Building
Height
35 ft.
35 ft.
50 ft.
No maximum
9. Minimum Width of
Area Required for
Driveways and
other Street
Access
20 ft.
20 ft.
20 ft.
20 ft.
Abbreviations: sf = square feet, ft. = feet
Note: (a) Landscaping shall be provided as required by Section 11.15.
11.6 Permitted Projections
Architectural and structural features on a building or structure are permitted to
project into required setback areas as set forth in Table 11.6.
TABLE 11.6
Permitted Projections into Required Setback Areas -
Commercial Zones
Feature
Architectural adornments such as
cornices, eaves, sills, etc.
Front
Setback
4 feet
Rear Setback
4 feet
Side Setback
4 feet
Balconies
4 feet
4 feet
4 feet
Bay window or similar feature
which does not extend building
foundation
4 feet
4 feet
4 feet
Chimneys
4 feet
4 feet
4 feet
Fire escapes
Not permitted
No restriction
No restriction
Porches
4 feet
4 feet
4 feet
Steps and Stairways
4 feet
4 feet
4 feet
City of Cypress
11 -5
Zoning Ordinance
Section 11: Commercial Zones
11.7 Accessory Structures
A. In any commercial zone, accessory structures shall not be located in front of
the main building.
B. In any commercial zone, accessory structures shall meet all of the setback
requirements for main buildings.
11.9 Buffering Requirements
A. Where a commercial or office use abuts a property in a residential zone, a
masonry wall of minimum height eight (8) feet, with screen landscaping, shall
be erected and maintained between the two uses. The wall shall be
measured from the highest adjacent grade.
B. Wherever an off - street parking area on a property in a commercial zone is
located across the street from property in a residential zone, a masonry wall
or berm three (3) feet in height shall be erected to screen the parking area
from view. Landscape screening shall be provided as required in Section
11.15.
C. In any commercial zone, a minimum setback of 20 feet shall be required
whenever a lot abuts a lot in any residential zone. This setback may be used
for required open off - street parking areas.
11.11 Fences, Walls, and Hedges
A. In any required front or street side yard area, a fence or wall shall not exceed
42 inches in height.
B. In any required rear or interior side yard area, a fence or wall shall not
exceed six (6) feet in height, except as required by Section 11.9(A) above.
C. Within the sight distance clearance zone required by Section 7.5, no fence,
wall, or hedge shall exceed 42 inches in height.
D. Barbed wire, electrical fences, glass, and other similar objects shall not be
permitted on top of fences or walls in any commercial zone, except atop
fences or walls surrounding approved outdoor storage areas.
11.13 Mechanical Equipment Sreening
All mechanical equipment shall be enclosed within a building or completely
screened from view from surrounding properties by the use of a fence or wall.
Such screening shall be compatible in color, style, and materials with the
structures which the equipment serves. For the purposes of this section,
mechanical equipment includes air conditioning units.
11.15 Landscaping
A. Intent
The City's intent with regard to landscaping requirements is to allow for
creativity and provide latitude in the design of landscaping and irrigation
plans, and to encourage design that conserves and recycles the resources
invested in landscapes. Landscape and irrigation plans are encouraged to
take full advantage of the wide range of drought - tolerant landscape material
and low water flow irrigation systems available within the framework
established by this ordinance.
City of Cypress
11 -6 Zoning Ordinance
278
Section 11: Commercial Zones
B. Landscaping Required
1. Landscaping of required off - street parking areas shall be provided as set
forth in Section 27.11 (Landscaping Standards - Parking Area
Landscaping Requirements) of this ordinance.
2. Landscaping of required setback areas and parkways shall be provided
as set forth 27.15 (Commercial Zones Landscaping Requirements) of this
ordinance, and all other applicable provisions of Section 27 (Landscaping
Standards).
C. Landscape Plans Required
Landscape and irrigation plans shall be required for all development
proposals in all commercial zones. All plans shall be prepared and reviewed
pursuant to the requirements of Section 27 (Landscaping Standards) of this
ordinance.
11.17 Outdoor Storage and Display
All uses and storage conducted outside of an enclosed building in any
commercial zone shall be subject to City staff review through the Design Review
process, pursuant to Section 35, Division 11 (Design Review) of this ordinance.
11.19 Community Care Facilities
A. As indicated in Table 11.3, community care facilities serving more than six
(6) residents require Conditional Use Permit approval. The Planning Agency
may use the following grounds to deny a Conditional Use Permit:
1. Approval of the proposed facility would result in an overconcentration of
such facilities within the neighborhood where the facility is to be operates.
For the purposes of this ordinance, overconcentration shall mean that
one or more similar approved uses is located within 300 feet of the site of
the proposed facility; or
2. The proposed facility is located within one (1) mile of an elementary
school and a person who has been convicted of a sex offense against a
minor, pursuant to Section 1564 of the Health and Safety Code, resides
in the facility and such residence will continue after the permit is granted;
or
3. Such use cannot be sufficiently conditioned to make it compatible with
surrounding uses.
B. Any violation of Section 1564 of the Health and Safety Code shall be cause
for revocation of the Conditional Use Permit.
11.21 Single -room Occupancy Housing
A. All Single -room Occupancy Housing (SRO) projects shall comply with the
most recent City building and housing codes.
B. Proposed SRO developments shall be subject to an informal, preliminary
design review process prior to the submittal of any formal application.
C. Individual dwelling units within an SRO development shall:
1. Have a single occupancy room size of no less than 175 square feet and
no greater than 220 square feet.
City of Cypress
11 -7 Zoning Ordinance
Section 11: Commercial Zones
2. Have a double occupancy room size of no less than 275 square feet and
no greater than 450 square feet.
D. Double occupancy rooms shall not make up more than 10 percent of any
SRO project.
E. Access requirements:
1. Each development shall comply with federal, state, and local disabled
person access requirements.
2. One (1) disabled person accessible unit shall be required per 20 rooms.
Such unit shall comply with all applicable disabled person access
requirements.
F. Each SRO unit shall contain a kitchen. Kitchens shall be required to contain
a sink with garbage disposal, a countertop (16 inches by 24 inches
minimum), refrigerator, and stove or microwave oven. If stoves are not
provided in each unit, then stoves shall be provided in a common kitchen
area accessible to the entire SRO project.
G. Each SRO unit shall contain a bathroom. Bathroom shall be required to
contain a sink, toilet, and shower or bathtub.
H. Each SRO unit shall contain closet/storage space no less than 48 cubic feet
in size.
I. Common open space requirements:
1. For SRO developments containing 30 or fewer units, a minimum of 400
square feet shall be provided.
2. For SRO developments containing 31 or more units, 400 square feet of
common open space shall be provided, with an additional 15 square feet
required per each additional unit over 30.
J. Each SRO project shall locate a single, controlled entrance to the project
adjacent to and in full view of the manager's desk.
K. A mailbox shall be provided for each SRO unit.
L. Each SRO project shall provide a secured bicycle parking area. This area
shall be able to accommodate one (1) bicycle for every three (3) units.
M. Each SRO project shall provide each unit with a lockable storage space not
less than 10 cubic feet in size within the development.
N. Each SRO project shall provide laundry facilities in a separate room or rooms
located in close proximity to the units served. A minimum of one (1) washer
and one (1) dryer shall be provided for each 10 units or fraction thereof.
O. Each SRO project shall provide a supply storeroom and /or utility closet with
at least one (1) laundry tub with hot and cold water on every floor.
P. Each SRO project shall provide a centralized trash area.
Q. Rental units shall be established for weekly and monthly tenancies only.
Deposit requirements shall be specified for each type of tenancy.
R. Each SRO project containing 16 or more units shall have a resident manager
available on a 24 -hour basis.
S. All two -story SRO developments located adjacent to property in a residential
zone shall be required to maintain a minimum building setback of 20 feet
from the abutting lot line.
City of Cypress
11 -8 Zoning Ordinance
280
Section 11: Commercial Zones
T. Each SRO project shall submit a management plan to the Community
Development Department as part of the Conditional Use Permit application.
This plan shall contain information regarding the development's projected
staffing needs, facility management and operations, emergency procedures,
security, rental procedures, and proposed rental rates.
U. Each SRO development owner shall file an annual report with the Community
Development Department. This report shall include the range of monthly
rents, the monthly income of the residents, occupancy rates, and the number
of vehicles owned by the residents.
V. All SRO developments shall be restricted to low and very low income
individuals as defined by the City's General Plan Housing Element. This
restriction shall not apply to an SRO project's 24 -hour resident manager.
W. The Planning Agency maintains the right to review the Conditional Use
Permit and may, subject to a public hearing, modify such permit should
substantiated complaints be received regarding the operation or maintenance
of the facility.
11.23 Commercial Vehicle Parking and Operation
A. Commercial vehicles associated with a permitted use or business may be
parked on the business site between the hours of 7:00 a.m. and 10:00 p.m.
weekdays and Saturdays, and between the hours of 7:00 a.m. and 8:00 p.m.
on Sundays and federal holidays. Those sites for which a Conditional Use
Permit has been granted authorizing such parking use beyond these
specified hours are exempted from this regulation.
B. No commercial vehicle shall be operated, parked, stored, or otherwise used
in any commercial zone in violation of Section 13 -68 et seq. of the Code of
the City of Cypress.
11.25 Trash Collection and Deliveries
A. Trash collection within any commercial zone shall occur between the hours of
5:00 a.m. to 6:00 p.m., Monday through Saturday and on federal holidays.
All other times are prohibited.
B. Deliveries to any site within a commercial zone shall be permitted between
the hours of 7:00 a.m. and 10:00 p.m. weekdays and Saturdays, and
between the hours of 9:00 a.m. and 10:00 p.m. on Sundays and federal
holidays. Those sites for which a Conditional Use Permit has been granted
authorizing such activity beyond these specified hours are exempted from
this regulation.
11.27 Other Applicable Regulations
In addition to the requirements contained in this Section 11, any applicable
requirements found in the following Sections of this zoning ordinance shall apply
to development in the commercial zones:
Section 7:
Section 17:
Section 19:
Section 25:
Section 27:
Section 29:
Section 31:
Section 33:
11.29 Reserved
General Regulations Applicable to All Zones
Overlay Zones
Special Use Standards
Off - Street Parking and Loading
Landscaping Standards
Signs
Nonconforming Uses and Structures
Hazardous Materials Facilities
City of Cypress
11 -9
Zoning Ordinance
Section 13: Industrial Zones
SECTION 13. INDUSTRIAL ZONES
Section Contents:
13.1 Intent and Purpose
13.3 Use Regulations
13.5 Development Standards
13.6 Permitted Projections
13.7 Buffering Requirements
13.9 Mechanical Equipment Screening
13.11 Accessory Structures
13.13 Fences, Walls, and Hedges
13.15 Outdoor Storage, Display, and Activity
13.17 Landscaping
13.19 Other Applicable Regulations
13.21 Reserved
13.1 Intent and Purpose
A. Intent
Two industrial zones are established to create and preserve areas for the
manufacture, assembly, processing, storage, and shipment of finished
products and raw materials. Such activities serve the community by
providing employment, contributing to the tax base, and creating products
used and needed by consumers.
The City recognizes that certain types of industrial businesses involve the
use of hazardous materials or involve activities which pose potentially
adverse environmental effects. Thus, these regulations are also established
to safeguard City residents from potentially adverse impacts associated with
industrial land uses.
B. Purpose
The purpose of the industrial zones is as follows:
1. Business Park Zone BP -20000
The Business Park (BP- 20000) zone is intended as an area for modern
industrial /commercial development which meets the high performance
and development standards of the City.
2. Industrial Light Zone ML -10000
The Industrial Light (ML- 10000) zone provides areas where light
industrial and complementary service commercial businesses can
operate.
13.3 Use Regulations
A. Table 13.3 specifies the uses permitted in the BP -20000 and ML -10000
zones. Industrial businesses and operations represent the primary permitted
uses, although other uses are allowed as accessory, conditionally permitted,
and temporary uses, as indicated in Table 13.3.
B. Certain permitted uses and conditionally permitted uses may be subject to
special conditions regarding the location, operation, or design of the use.
Such uses are marked in Table 13.3 with an asterisk ( *), and the special
conditions that apply are contained in Section 19 (Special Use Standards) of
this ordinance.
C. The provisions of Table 13.3 notwithstanding, any development proposed on
a parcel 10 acres or larger in size shall require a Conditional Use Permit.
City of Cypress
13 -1 Zoning Ordinance
281
282
Section 13: Industrial Zones
D. For uses not listed in Table 13.3, the provisions of Section 3.3 (Community
Development Director Responsibilities) of this ordinance shall apply.
TABLE 13.3
Permitted and Conditional Uses - Industrial Zones
Use
BP-
20000
ML-
10000
Agricultural and Horticulture - Cultivation and Sales
P
P
Animal Shelter
C
P
Automobile Painting
P
P
Automobile Repair Garage
P
P
Automobile/Truck Sales, New and Used
P
P
Automobile Service Station
C
C
Batting Cage - Indoor Only
C
X
Blueprinting Services
P
P
Bottling Plant
P
P
Building Materials Yard
C
C
Caretaker's Residence, Incidental and On Site with Permitted or
Conditional Use
A
A
Cement Products Manufacturing
X
C
Citrus Products Manufacturing (including frozen foods)
X
C
Cleaning and Dyeing Plant
X
C
Contractor Equipment Sales and Service
C
X
Contractor Yard
X
C
Day Care Center
C
C
Electronics Manufacturing
P
P
Equipment Rental Yard
X
C
Food Processing
X
C
Fuel Sales
X
C
General Manufacturing and /or Assembling
P
P
Hazardous Materials, Treatment and Storage Facility
X
C
Hazardous Materials, Storage Facility
C
C
Hazardous Materials, Disposal Facility
X
C
Incidental Employee Services, On Site with Permitted or Conditional
Use
A
A
Instrument Manufacturing (electronic, medical, etc.)
P
P
Kennel
X
C
Laboratory
P
P
Lumber Yard
C
C
Machine Shop
C
C
Newspaper Publishing
P
P
Novelty Item Manufacturing
P
P
Office Equipment Manufacturing
P
P
Oil Pumping, Distributing, or Storage Facility
C
C
Packing House
X
C
Pharmaceuticals Manufacturing
P
P
Photocopy Business
P
P
Playland Associated with Restaurant
C
C
Plumbing Shop
P
P
Post Office Branch
C
C
Printing and Publishing
P
P
Professional Office
P
P
Public Storage Facility (mini- warehouse)
C
C
Public Utility Service Yard
X
C
Public Utility Substation, Reservoir, or Pumping Plant, not including
office
C
C
P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
A = Permitted as an Accessory Use
X = Not Permitted
* = Special use conditions and /or
development standards apply.
City of Cypress
13 -2
Zoning Ordinance
Section 13: Industrial Zones
TABLE 13.3
Permitted and Conditional Uses - Industrial Zones
BP -'.
20000
ML-
10000
Recreational Vehicle Sales, Service, and Storage
P
P
Restaurant, Drive - through, Fast Food, or with Outdoor Seating - see
also "Playland"
C
C
Restaurant, Sit -down
C
C
Restaurant, with Alcohol Sales
C*
C`
Satellite Dish Antenna
P*
P*
Shopping Center, Retail Commercial (not less than 10 acres in area)
C
X
Sign Manufacturing
P
P
Stable
X
C
Stamp Manufacturing
P
P
Temporary Use (see Section 35, Division 10)
P*
P*
Tire Retreading and Recapping
X
C
Trucking Yard
X
C
Upholstery Shop
P
P
Waste Paper and Aluminum Recycling Transfer Station
X
C
P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
13.5 Development Standards
A = Permitted as an Accessory Use
X = Not Permitted
* = Special use conditions and /or
development standards apply.
A. Table 13.5 identifies the development standards applicable to all
development in the BP -20000 and ML -10000 zones.
B. Those Tots shown on an approved and recorded subdivision map, or for
which a deed was recorded prior to the incorporation of the City of Cypress,
may be used as a building site irrespective of the minimum lot size, lot width,
and lot depth standards set forth in Table 13.5.
TABLE 13.5
Development Standards - Industrial Zones
Development: Standards
Zone
BP-20000
ML-1 0000
1. Minimum lot size
sf
10,000 sf
2. Minimum lot width
100 ft.
100 ft.
3. Minimum lot depth
100 ft.
100 ft.
4. Front Yard
30 ft.
10 ft.
5. Side Yard
Interior
Street Side
Abutting residential zone
district
15 ft.
20 ft.
100 ft.
0 ft.
10 ft.
100 ft.
6. Rear Yard
20 ft.
0 ft.
7. Maximum Lot Coverage
60%
60%
8. Maximum Building Height
35 ft.
35 ft.
9. Minimum Vehicular Access
Width to Street
20 ft.
20 ft.
Abbreviations: sf = square feet, ft. = feet
City of Cypress
13 -3 Zoning Ordinance
283
284
Section 13: Industrial Zones
13.6 Permitted Projections
Architectural and structural features on a building or structure are permitted to
project into required setback areas as set forth in Table 13.6.
TABLE 13.6
Permitted Projections into Required Setback Areas -
Industrial Zones
Feature
Front Setback
Rear Setback
Side Setback
Architectural adornments such
as cornices, eaves, sills, etc.
Not more than 1/2
the width of
required setback
Not more than %
the width of
required setback
Not more than ' /z
the width of
required setback
Balconies
Not more than %
the width of
required setback
Not more than 1/2
the width of
required setback
Not more than '
the width of
required setback
Bay window or similar feature
which does not extend building
foundation
Not more than '
the width of
required setback
Not more than '/
the width of
required setback
Not more than
the width of
required setback
Chimneys
Not more than 1/2
the width of
required setback
Not more than %
the width of
required setback
Not more than 1/2
the width of
required setback
Fire escapes
Not permitted
No restriction
No restriction
Steps and Stairways
Not more than'/
the width of
required setback
Not more than'
the width of
required setback
Not more than
the width of
required setback
13.7 Buffering Requirements
A. When an industrial zone abuts or is located across the street from a property
in a residential zone, a minimum building setback of 100 feet shall be
required from the nearest property line of such residential zone. In addition,
the 25 feet of this setback nearest the street or zone boundary line shall be
landscaped. The remainder may be used for off - street parking purposes as
provided in Section 25 (Off- street Parking and Loading).
B. Where an industrial zone abuts a property in a residential zone, a masonry
wall of minimum height eight (8) feet shall be required. The wall shall be
measured from the highest adjacent grade.
C. Where perimeter landscaping is required along a street setback area, a
three- foot high wall or berm shall be provided. The Community
Development Director, through the discretionary permit process, shall have
the authority to require a wall or berm of lesser or greater height, depending
upon physical site conditions and the nature of adjacent uses.
13.9 Mechanical Equipment Screening
All mechanical equipment shall be enclosed within a building or completely
screened from view from surrounding properties by the use of a fence or wall.
Such screening shall be compatible in color, style, and materials with the
structures which the equipment serves. For the purposes of this Section,
mechanical equipment includes air conditioning units.
13.11 Accessory Structures
A. In all industrial zones, accessory structures shall not be located in front of the
main building.
B. In all industrial zones, accessory structures shall meet all of the setback
requirements for main buildings.
City of Cypress
13 -4 Zoning Ordinance
Section 13: Industrial Zones
13.13 Fences, Walls, and Hedges
A. In any required front or street side yard area, a fence or wall shall not exceed
42 inches in height.
B. In any required rear or interior side yard area, a fence or wall shall not
exceed eight (8) feet in height, as measured from the highest adjacent grade.
C. Within the sight distance clearance zone required by Section 7.5, no fence,
wall, or hedge shall exceed 42 inches in height.
13.15 Outdoor Storage, Display, and Activity
A. Outdoor storage areas shall be entirely screened from view from public
rights -of -way with a fence or wall not less than six (6) feet in height.
B. No manufacturing or assembly operations shall be performed outside of an
enclosed building.
13.17 Landscaping
A. Intent
The City's intent with regard to landscaping requirements is to allow for
creativity and provide latitude in the design of landscaping and irrigation
plans, and to encourage design that conserves and recycles the resources
invested in landscapes. Landscape and irrigation plans are encouraged to
take full advantage of the wide range of drought - tolerant landscape material
and low water flow irrigation systems available within the framework
established by this ordinance.
B. Landscaping Required
1. Landscaping of required off - street parking areas shall be provided as set
forth in Section 27.11 (Landscaping Standards - Parking Area
Landscaping Requirements) of this ordinance.
2. Landscaping of required setback areas and parkways shall be provided
as set forth 27.17 (Industrial Zones Landscaping Requirements) of this
ordinance, and all other applicable provisions of Section 27 (Landscaping
Standards).
C. Landscape Plans Required
Landscape and irrigation plans shall be required for all development
proposals in all industrial zones. All plans shall be prepared and reviewed
pursuant to the requirements of Section 27 (Landscaping Standards) of this
ordinance.
13.19 Other Applicable Regulations
In addition to the requirements contained in this Section, the following additional
requirements contained in this ordinance shall apply to development in industrial
zones:
Section 7: General Regulations Applicable to All Zones
Section 17: Overlay Zones
Section 19: Special Use Standards
Section 25: Off - Street Parking and Loading
Section 27: Landscaping Standards
Section 29: Signs
Section 31: Nonconforming Uses and Structures
Section 33: Hazardous Materials Facilities
13.21 Reserved
City of Cypress
13 -5 Zoning Ordinance
285
286
Section 15: Special Purpose Zones
SECTION 15. SPECIAL PURPOSE ZONES
Section Contents:
15.1 Purpose
15.3 Permitted Uses
15.5 Development Standards
15.7 Application Proceedings and Requirements
15.9 Conditional Use Permit Requirements
15.11 Other Applicable Regulations
15.13 Reserved
15.1 Purpose
A. Public and Semi - public Zone (PS -1A)
The Public and Semi - public (PS -1A) zone is established to set aside
properties to be developed with public uses, other than street rights -of-
way. This zone is also intended to identify and preserve areas of historic
and community significance for the enjoyment of future generations.
B. Planned Residential Development Zone (PRD -5A)
The Planned Residential Development (PRD -5A) zone is established to
provide flexibility in the design of residential development projects on
properties designated for residential use by the City's General Plan. This
flexibility allows for more creative and innovative residential subdivision
and unit design than is generally possible under conventional zoning and
subdivision regulations.
These regulations are further established to promote more economical
and efficient use of the land while providing for a harmonious variety of
housing choices, a higher level of urban amenities, and preservation of
the natural and scenic qualities associated with open spaces.
C. Planned Community Zone (PC)
The Planned Community (PC) zone is established to provide opportunity
for the design and development of integrated, master - planned projects in
areas of the City which may benefit from special design standards and
land uses not otherwise possible under conventional zoning district
regulations. The Planned Community zone is intended to permit a
compatible mix of land uses, planned commercial developments and
business parks, and a variety of housing styles and densities.
Each Planned Community zone established shall be indicated by a
unique zoning district designation.
D. Planned Community Zone (PC -25A)
The Planned Community (PC -25A) zone is established to achieve the
following purposes:
1. To provide for the classification and development of parcels of land as
coordinated, comprehensive projects so as to take advantage of the
superior environment which can result from large -scale community
planning.
2. To allow diversification of land uses as they relate to each other in a
physical and environmental arrangement, while insuring substantial
compliance with the provisions of this ordinance.
3. To provide for a zone encompassing various types of land uses, such
as single - family residential developments, multiple housing
developments, professional and administrative office areas,
commercial centers, industrial parks, or any public or semi - public
City of Cypress
15 -1 Zoning Ordinance
Section 15: Special Purpose Zones
uses or combination of uses through the adoption of a development
plan and text materials that set forth land use relationships and
development standards.
E. Planned Commercial /Light Industrial Zone (PCM)
The Planned Commercial /Light Industrial (PCM) zone is established to
facilitate the innovative design of mixed -use commercial and light
industrial developments on properties designated for such uses in the
General Plan, and to streamline development review of projects proposed
within an approved PCM zone.
F. Planned Business Park Zone (PBP -25A)
The Planned Business Park (PBP -25A) zone is established to allow for
the comprehensive, integrated development of compatible and
complementary educational, professional and administrative office,
commercial centers, industrial park, open space, or any public or semi-
public uses or combination of uses in a campus -like setting.
15.3 Permitted Uses
A. Table 15.3 indicates the uses permitted in each of the Special Purpose
zones. The use regulations set forth in the approved development plan
for the specified Special Purpose zone shall be required in addition to
those listed in Table 15.3.
TABLE 15.3
Permitted and Conditional Uses - Special Purpose Zones
PS -1A
PRD-
5A
PC -'.
25A
PBP -
25A
Agriculture or Horticulture - Cultivation
P
X
X
X
X
P
Agriculture Experimental Facility
C
X
X
X
X
C
Animal Shelter
C
X
(a)
X X
C
Cemetery
C
X
(a)
X X
C
Church, Convent, Monastery, or other
religious institution
C
X
(a)
X X
C
Club or Lodge
C
X
(a)
X X
C
Community Care Facility
C
X
(a)
X X
C
Dairy or Feed Lot
C
X
X
X X
C
Day Care Center
C
X
(a)
X X
C
Educational Institution, public or
private
C
X
(a)
X X
C
Fairgrounds (including accessory uses
and entertainment)
C
X
X
C
Farm Animal Keeping, commercial
P
X
(a)
X X
P
Flood Control Facility
C
X
(a)
X X
C
Hazardous Materials - Storage Facility
X
X
X
X C
X
Historical Landmark
C
X
(a)
X X
C
Horse Racetrack
C
X
X
X X
C
Hospital
C
X
(a)
X X
C
Kennel
C
X
X X
C
Library
C
X
(a)
X X
C
(a) Permitted and conditional uses shall be as designed in approved development plans for individual
Planned Communities.
Key: P = Permitted Use A = Permitted as an Accessory Use
C = Conditional Use Permit Required X = Prohibited Use
(See Section 35, Division 7) * = Special use conditions and /or
development standards apply.
City of Cypress
15 -2 Zoning Ordinance
287
288
Section 15: Special Purpose Zones
TABLE 15.3
Permitted and Conditional Uses - Special Purpose Zones
Model Home or Subdivision Sales
Office
X
PRD-
5A
C
(a)
PC-
25A
X
X
PBP-
25A
X
Museum
C
X
(a)
X
X
C
Nursery School (see Day Care Center)
Public Building or Grounds
C
X
X
X
C
Public Maintenance Yard
C
X
(a)
X
X
C
Public Utility Substation, Reservoir, or
Pumping Plant, not including office
C
P
(a)
P
P
C
Recreation Facility, public or private
C
X
(a)
X
X
C
Recreation Facility (use limited to
residents and guests)
X
P
(a)
X
X
X
Residential Planned Development
(PRD)
X
P
(a)
X
X
X
Riding Academy or Club
C
X
(a)
X
X
C
Satellite Dish Antenna
P
X
(a)
X
P
Senior Housing - Affordable
C
X
(a)
X
X
X
Stable
C
X
(a)
X
X
C
Temporary Use (see Section 35,
Division 10)
P*
P*
P*
P*
P*
P*
(a) Permitted and conditional uses shall be as designed in approved development plans for individual
Planned Communities.
Key: P = Permitted Use A = Permitted as an Accessory Use
C = Conditional Use Permit Required X = Prohibited Use
(See Section 35, Division 7) * = Special use conditions and /or
development standards apply.
B. The continuance of all land uses which existed in a Special Purpose zone
at the time of adoption of a specific development plan shall be allowed.
Existing land uses shall either be incorporated as part of the development
plan or shall terminate in accordance with a specific abatement schedule
submitted and approved as part of the development plan.
15.5 Development Standards
A. General
Table 15.5 identifies the development standards applicable to all
development in each of the Special Purpose zones.
B. Accessory Uses and Structures
Accessory uses and structures shall be located as specified on the
development plan approved by the Community Development
Department. All accessory structures must meet the setback
requirements for primary structures development specified in Table 15.5.
C. Additional Development Standards for PRD -5A Zone
The following additional development requirements apply to all planned
residential developments in the PRD -5A zone:
1. The planned residential development shall be designed and
developed in a manner compatible with and complementary to
existing and potential residential development in the immediate
vicinity of the project site. Site planning on the perimeter shall provide
City of Cypress
15 -3 Zoning Ordinance
Section 15: Special Purpose Zones
for the protection of the property from adverse surrounding
conditions, as well as protection of the surrounding areas from
potentially adverse conditions within the development.
2. There shall be no minimum area requirements for individual Tots or
individual dwelling sites in a planned residential development.
3. The maximum number of dwelling units permitted in a planned
residential development shall be determined by dividing the total land
area within the boundaries of the proposed development by the
density restrictions designated on the General Plan.
4. Required open space shall comprise at least 40 percent of the total
area of the planned development. Land occupied by buildings,
streets, driveways, or parking spaces may not be used to satisfy this
open space requirement, except land occupied by recreational
buildings and structures.
TABLE 15.5
Development Standards - Special Purpose Zones
Development Standard
Zone
PS-
1A
PRD-
5A
PC-
25A.
PCM
PBP-
25A
1. Minimum Site Area
1 acre
5 acres
1 acre
25 acres
acres
25 acres
2. Minimum Site Depth
160 ft.
N/A
(a)
(a)
N/A
(a)
3. Minimum Site Frontage on Public
Street
N/A
200 ft.
(a)
(a)
200 ft.
(a)
4. Minimum Setback from Major
Arterial or Secondary Street
N/A
N/A
(a)
(a)
20 ft.
(a)
5. Minimum Setback from Local
Street
N/A
N/A
(a)
(a)
15 ft.
(a)
6. Minimum setback from Any
Residential Zone
N/A
N/A
(a)
(a)
25 ft.
(a)
7. Minimum Site Width
160 ft.
N/A
(a)
(a)
N/A
(a)
8. Minimum Front Yard Setback
30 ft.
25 ft.
(a)
(a)
N/A
(a)
9. Minimum Interior Side Yard
Setback
25 ft.
20 ft.
(a)
(a)
N/A
(a)
10. Minimum Side Yard Setback,
Street Side
25 ft.
25 ft.
(a)
(a)
N/A
(a)
11. Minimum Rear Yard Setback
25 ft.
20 ft.
(a)
(a)
N/A
(a)
12. Maximum Building Coverage
40%
35%
(a)
(a)
N/A
(a)
13. Maximum Building Height
N/A
35 ft. or
2 stories,
which -
ever less
(a)
(a)
35 ft.
(a)
14. Maximum Dwelling Unit Size
N/A
1,150 sf
(a)
(a)
N/A
(a)
15. Minimum Distance Between
Buildings on a Site
N/A
10 ft.
(a)
(a)
N/A
(a)
Abbreviations: sf = square feet, ft.= feet, N /A= not applicable
(a) Standard shall be as specified in the approved development plan for each zone.
5. At least one -half ( %) of the required open space may also be
improved, or may be left in its natural state, particularly if natural
features worthy of preservation exist on the site. Open space left in
its natural state shall be kept free of litter and shall at no time
constitute a health, safety, fire, or flood hazard. Areas devoted to
natural or improved flood control channels and those areas
encumbered by flowage, floodway, or drainage easements may be
applied toward satisfying this portion of the total open space
requirement.
City of Cypress
15 -4 Zoning Ordinance
289
290
Section 15: Special Purpose Zones
6. If development is to be accomplished in stages, the development plan
shall coordinate improvement of the open space, the construction of
buildings, structures, and improvements in such open space, and the
construction of dwelling units in order that each development stage
achieves a proportionate share of the total open space and
environmental quality of the total planned development.
7. All or any part of the required open space may be reserved for use in
common by the residents of the planned development. Areas
permanently reserved for common open space shall be reserved for
the use and enjoyment of the residents in a manner which makes the
city, a public district or a public agency a party to and entitled to
enforce the reservation. The Community Development Department
may require that open space easements be conveyed to the City in
addition to the dedication of such open space
8. No building, except as hereafter provided, shall be located closer than
five (5) feet from any interior vehicular or pedestrian way, court,
plaza, open parking lot, or any other surfaced area reserved for public
use or for use in common by residents of the planned development.
This setback shall generally be measured from the nearest edge of a
surfaced area. Where no sidewalk exists in conjunction with a public
or private street, this setback shall be measured from the nearest
edge of the street right -of -way or private road easement.
9. No garage or carport having direct access from a public or private
street shall be located closer than 25 feet from the nearest edge of
the sidewalk of that street. Where no sidewalk exists, this setback
shall be measured from the nearest edge of the street right -of -way or
road easement, unless automatic garage door openers are to be
provided. In no case shall a garage or carport be located closer than
five (5) feet.
10. Each building shall be surrounded on all sides by relatively level open
space having a slope no greater than 10 percent and extending a
minimum distance of 10 feet in all directions, measured from the
furthest projection of the external walls of the building.
11. All public streets within or abutting the proposed planned
development shall be dedicated and improved to City specifications
for the particular classification of street. If the developer desires to
retain any streets within the development as private streets, such
streets shall be permanently reserved and maintained for their
intended purpose by means acceptable to the Community
Development Department and the City Attorney.
Other forms of access, such as pedestrian ways, courts, plazas,
driveways, or open parking lots, shall not be offered for dedication.
12. Planned residential developments shall relate harmoniously to the
topography of the site, shall make suitable provisions for the
preservation of water courses, drainage areas, wooded areas, rough
terrain, and similar natural features and areas, and shall be otherwise
so designed as to use and retain such natural features and amenities
to the best advantage.
13. All utilities within a planned development shall be placed
underground. A common central television antenna shall be provided
with underground cable service to all dwelling units; all other external
television or radio antennas shall not be permitted. For the purposes
of this section, appurtenances and associated equipment such as
surface- mounted transformers, pedestal- mounted terminal boxes,
meter cabinets, and concealed ducts in an underground system may
be placed above ground.
City of Cypress 15-5 Zoning Ordinance
Section 15: Special Purpose Zones
14. The type, number, and location of fire hydrants and other fire
protective devices shall be subject to the specifications of the Fire
Chief.
D. Additional Development Standards for the PCM zone
1. The planned commercial /light industrial development shall be
designed and developed in a manner compatible with and
complimentary to existing and potential development in the immediate
vicinity of the project site. Site planning on the perimeter shall provide
for the protection of property from adverse surrounding conditions, as
well as protection of the surrounding areas from potentially adverse
conditions within the development.
2. No building, except as hereafter provided for, shall be located closer
than five (5) feet to any interior vehicular or pedestrian way, court,
plaza, open parking lot, or any other surfaced area reserved for public
use or for use in common by tenants of the planned development.
3. All public streets within or abutting the proposed development shall be
improved to City specifications for the particular classification of
street. If the developer desires to retain any streets within the
development as private streets, such streets shall be permanently
reserved and maintained for their intended purpose by means
acceptable to the Community Development Department and City
Attorney.
4. All utilities within a planned development shall be placed
underground. For the purposes of this section, appurtenances and
associated equipment such as surface- mounted transformers,
pedestal- mounted terminal boxes, meter cabinets, and concealed
ducts in an underground system may be placed above ground.
5. The type, number, and location of fire hydrants and other fire
protection devices shall be subject to the specifications of the Fire
Chief.
15.7 Application Proceedings and Requirements
The application process for inclusion into or designation of a Special Purpose
zone is illustrated in Figure 15.7.
A. Pre - application Conference Required
Prior to submitting an application for establishing a Special Purpose
Zone, the applicant or prospective developer shall conduct preliminary
consultations with the Community Development Department and other
City officials to obtain information and guidance before entering into
binding commitments incurring substantial expense in the preparation of
plans, surveys, and other data. Such preliminary consultations should be
relative to a preliminary plan which expresses the concepts to be
embodied in the proposed development.
B. Submittal Requirements
An application for a zone change to permit the establishment of a Special
Purpose zone must be for a parcel or parcels of land under the control of
the person or corporation proposing the development, either through
ownership or in escrow with the consent of the property owner.
Nothwithstanding the requirements of Section 35.7 (Application
Procedures), an application for inclusion into or establishment of a
Special Purpose Zone shall be submitted to the Community Development
Department and must be accompanied by the following plans and maps:
City of Cypress
15 -6 Zoning Ordinance
291
292
Section 15: Special Purpose Zones
1. A boundary survey map of the property. A tentative subdivision map
may be substituted if the applicant proposes to subdivide the
property.
2. Topography of the property and the preliminary proposed finished
grade shown at contour intervals of five (5) feet or Tess.
3. The gross land area of the development, the present zoning
classification thereof, and the zoning classification and land use of the
area surrounding the proposed development, including the location of
structures and other improvements.
Application
Deemed
Incomplete
Pre - Application
Conference
Application
Submitted
Application
Deemed
Complete
Development Plan Reviewed
by Community Development
Department
y
Staff Report to
Planning Agency
Public
Hearing
y
Ordinance Adopting
Development Plan
Continued
Compliance
with Approved
Plan
Figure 15.7
Application Process
Special Purpose Zones
City of Cypress
15 -7 Zoning Ordinance
Section 15: Special Purpose Zones
4. A general land use map setting forth the proposed uses of all sections
or areas within the subject property and the approximate acreage of
each.
5. An accompanying report setting forth the land use regulations which
constitute the standards of development designed to govern those
sections or areas specified in the development plan. These
standards shall contain definitions and information concerning the
requirements for building site coverage, building heights, building
setbacks, off - street parking, vehicular access, signing, lighting,
storage, screening, landscaping, and any other information which the
Community Development Director shall require to insure compliance
with the purposes of the particular Special Purpose zone.
6. A general development plan with at least the following details shown
to scale and dimensions:
a. The type and character of buildings or structures and the number
of dwelling units per gross acre proposed for each residential
area.
b. A statement of the standards of population density for the various
proposed residential land uses.
c. The location of each existing and proposed structure in the
development area, the use or uses to be contained therein, the
number of stories, the gross building and floor areas, and the
approximate location of entrances and loading points.
d. The location of all streets, curb cuts, driving lanes, parking areas,
loading areas, public transportation points, and illumination
facilities for the development coordinated with the Circulation
Element of the Cypress General Plan.
e. The location and approximate area of all school sites, recreation
areas, and other public and semi - public sites, and the
approximate area of each.
f. All pedestrian walks, malls, and open areas for the use of
occupants and members of the public.
g.
The location and height of all walls, fences and screen planting,
including a detailed plan for the landscaping of the development
and the method by which such landscaping is to be accomplished.
h. The types of surfacing, such as paving, turfing, or gravel, to be
used at the various locations.
i. A preliminary grading plan of the area.
7. The plans and elevations of buildings and structures, sufficient to
indicate the architectural style and construction standards.
8. A preliminary report and overall plan describing proposed provisions
for storm drainage, sewage disposal, water supply, and any other
public improvements or utilities as the City Engineer may require.
9. A statement of how the proposed Special Purpose zone and this
particular project is either:
i. Consistent with the City's General Plan; or
ii. Will be consistent with the City's General Plan if amended to
provide for this particular development. A statement as to how
the proposed zoning and General Plan amendment will further the
goals and objectives of the City's General Plan shall be included.
City of Cypress
15 -8 Zoning Ordinance
294
Section 15: Special Purpose Zones
10. The proposed means for assuring the continued existence,
maintenance, and operation of the various common elements and
facilities. If a community association or similar governing structure is
to be established, a copy of the codes, covenants, and restrictions
(CC &Rs) shall be made a part of the record. If the City Council
deems it necessary, upon advice of the City Attorney, the City of
Cypress shall be a party to those CC &Rs in order to ensure their
continuance and enforceability.
11. Any other information as may be required by the Community
Development Director to permit complete analysis and appraisal of
the planned development.
C. Adoption by Ordinance
Any development plan approved for use in a Special Purpose zone shall
be adopted by ordinance of the City Council. Thereafter, the ordinance
rezoning any property to a Special Purpose Zone shall be amended by
the City Council to incorporate by reference the adopted development
plan as the development standards and regulations for that Special
Purpose -zoned property.
D. Ambiguity of Boundaries
If ambiguity exists as to the specific dimensions or extent of any
designated area on the development plan, the specific boundaries shall
be set by the filing of a legal description and map of the parcel in
conjunction with the filing of a Conditional Use Permit application,
tentative subdivision map, parcel map, or Construction Permit application.
E. Compliance with Approved Development Plan
All development within a Special Purpose zone shall comply with the
appropriate development plan approved and adopted by the City Council.
Any amendments to a development plan shall be accomplished in the
same manner as an amendment to the zoning ordinance, as prescribed
in Section 35, Division 5 (Changes of Zone and Zoning Text
Amendments) of this ordinance.
15.9 Conditional Use Permit Requirements
A Conditional Use Permit may be required for any land use designation on a
development plan in the Special Purpose zones. A Conditional Use Permit
required for the development of any portion or area of a Special Purpose
zone shall be filed in accordance with Section 35, Division 7, (Conditional
Use Permits) of this ordinance, and shall include the following documents
and materials:
1. A map showing the location of the project in relation to the approved
development plan.
2. A boundary survey map of the property. A tentative subdivision map may
be substituted if the applicant proposes to subdivide the property.
3. A topographic map of the property and the preliminary proposed finished
grade shown in contour intervals of two (2) feet or less.
4. The location, grades, widths, and types of improvements proposed for all
streets, and the general plan for water, sewer, and drainage systems.
5. The preliminary concept or design drawings indicating proposed
walkways, driveways, or service areas.
6. The location and number of residential units, if any, for each proposed
structure.
City of Cypress
15 -9 Zoning Ordinance
Section 15: Special Purpose Zones
7. The location and design of automobile parking areas.
8. A preliminary landscaping concept plan.
9. The location of public or semi - public buildings or areas, including, but not
limited to, schools, recreation facilities, parking, and service areas, if any.
10. The preliminary elevations of structures and a written description
indicating architectural theme or type of development.
11. Any irrevocable offers to dedicate those areas shown on the plan as
public property.
12. Any other information that may be required by the Community
Development Director to permit a complete analysis of the development
proposal.
15.11 Other Applicable Regulations
In addition to the requirements contained in this Section, the following
additional requirements contained in this ordinance shall apply to
development in Special Purpose zones:
Section 7: General Regulations Applicable to All Zones
Section 17: Overlay Zones
Section 19: Special Use Standards
Section 23: Home Occupations
Section 25: Off - Street Parking and Loading
Section 27: Landscaping Standards
Section 29: Signs
Section 31: Nonconforming Uses and Structures
Section 33: Hazardous Materials Facilities
15.13 Reserved
City of Cypress
15 -10 Zoning Ordinance
295
296
Section 17: Overlay Zones
SECTION 17. OVERLAY ZONES
Section Contents:
17.1 Lincoln Avenue Overlay Zone (LC)
17.3 Density Incentive Overlay Zone (DI)
17.5 Farm Animal Overlay Zone (FA)
17.7 Civic Center Overlay Zone (CC)
17.9 Reserved
17.1 Lincoln Avenue Overlay Zone (LC)
A. Purpose
The Lincoln Avenue (LC) overlay zone is established to promote revitalization
of commercial areas along Lincoln Avenue, to improve the visual image of
the Lincoln Avenue corridor, to encourage mixed -use development on deep
lots along Lincoln Avenue, and to thereby enhance the economic base of the
City.
B. Applicability
The regulations provided for in this Section shall be in addition to those
applicable to the underlying zone of any given property.
C. Use Regulations
Any urban use provided for in the zoning ordinance shall be permitted in the
LC overlay zone, subject to a Conditional Use Permit.
D. Development Standards
The following development standards shall apply to all uses located within
the LC overlay zone:
1. Required development standards shall be all property development
standards as are set forth for the zone in which the urban use is applied.
2. If a residential use is proposed in conjunction with the development of
any deep lot located in the LC overlay zone, the frontage of the parcel
shall be developed with commercial uses to a minimum depth of 200 feet,
as measured from the front lot line, prior to or concurrent with the
residential development.
3. All other development and performance standards specified in the
applicable Conditional Use Permit shall be adhered to.
E. Signs
Signs shall be allowed in the LC overlay zone as provided for in Section 29
(Signs) of this ordinance, or as provided for in the applicable Conditional Use
Permit.
17.3 Density Incentive Overlay Zone (DI)
A. Purpose
The Density Incentive (DI) overlay zone is established to regulate
development in specific areas in the City which, due to their unique nature,
require special consideration to:
1. Assure maintenance of the low- density residential character of the area;
and
City of Cypress
17 -1 Zoning Ordinance
Section 17: Overlay Zones
2. Accommodate larger parcels of land that are either existing or newly
combined.
The DI zone is also intended to provide for the option of multiple- family
residential development through a density bonus for combining Tots.
B. Applicability
The regulations provided for in this Section shall be in addition to those
applicable to the underlying zone of any given property.
C. Use Regulations
The use regulations of the underlying zone district notwithstanding, Table
17.3(C) indicates the uses permitted and conditionally permitted in the DI
overlay zone.
TABLE 17.3(C)
Permitted and Conditional Uses - Density Incentive Overlay Zone
Church, Convent, Monastery, or other religious institution
Permitted or Conditionally
Permitted
C
Community Care Facility
C
Day -care Center
C
Day -care Home - Large Family
C
Day -care Home - Small Family
P
Dwelling Group on site 2 acres or greater in area
C
Educational Institution, public or private
C
Home Occupation (see Section 23)
P
Library
C
Model Home or Subdivision Sales Office
C
Multiple - family Dwelling (not more than 3 units)
P
Multiple - family Dwelling (more than 3 units)
C
Museum
c
Public Utility Substation, Reservoir, or Pumping Plant, not
including office
C
Recreation Facility, public or private
C
Single- family Dwelling
P
Temporary Use
(see Section 35, Division 11)
P*
P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
D. Development Standards
A = Permitted as an Accessory Use
X = Not Permitted
* = Special use conditions and /or development
standards apply.
1. Table 17.3(D) identifies the development standards applicable to all
development in the DI overlay zone. Where these standards are in conflict
with those of the underlying zone district, these standards shall govern.
Where a standard is not stated for the DI overlay zone, the standards for the
underlying zone district shall govern.
2. Multiple dwellings containing more than three (3) units shall provide
landscape coverage over a minimum of 50 percent of the site. An automatic
irrigation system shall be provided and shall be maintained at all times.
3. For multiple - family developments, the minimum building site per multiple
dwelling unit shall be 3,950 square feet.
City of Cypress
17-2 Zoning Ordinance
298
Section 17: Overlay Zones
TABLE 17.3(D)
Development Standards - Density Incentive Overlay Zone
Development' Standard
Requirement for DI zone
1. Minimum Site Area
13,000 sf
2. Minimum Site Depth
130 ft.
3. Minimum Site Width
100 ft.
4. Minimum Front Yard Setback
20 ft.
5. Minimum Side Yard Setback
10 ft.
6. Minimum Side Yard Setback, Street Side
10 ft.
7. Minimum Rear Yard Setback
20 ft.
8. Maximum Building Coverage
40%
9. Maximum Building Height
35 ft.
10. Minimum Dwelling Unit Size
450 sf - bachelor
600 sf - 1 bedroom
750 sf- 2 bedroom
900 sf - 3 bedroom
11. Minimum distance between buildings
10 ft.
Abbreviations: sf = square feet, ft.= feet
17.5 Farm Animal Overlay Zone (FA)
A. Purpose
The Farm Animal (FA) overlay zone provides regulations for the keeping of
farm animals that presently exist in specific residential areas of the City when
such activity is clearly an accessory use to the primary designated use of the
land.
Such regulations and standards presume a reasonable effort on the part of
the animal owner to recognize the rights of the surrounding neighbors by
maintaining and controlling his or her animals in a safe, sanitary, and healthy
manner at a reasonable location. These regulations neither authorize nor
legalize the maintenance of any private or public nuisance.
B. Applicability
The regulations provided for in this Section are in addition to those applicable
to the underlying zone of any given property. The FA overlay zone shall only
be used in conjunction with the RS -6000 and RM -20 zones.
C. Permitted Uses
Table 17.5(C) indicates the uses permitted and conditionally permitted in the
FA overlay zone. These regulations shall be in addition to the use
restrictions applicable to the underlying zone district.
D. Performance Standards
The following performance standards shall apply to all properties located in
the FA overlay zone, in addition to those required by the underlying zone
designation:
1. The keeping of all animals shall be subject to the regulations and
conditions of the Animal Control Division of the Orange County Health
Department.
2. No farm animal may be kept within 50 feet of an allowable building site
for any adjacent property owner.
3. Stables and barns shall be constructed and maintained in accordance
with the Building Code of the City of Cypress.
City of Cypress
17 -3 Zoning Ordinance
Section 17: Overlay Zones
4. All fences and gates used for the enclosure of horses or other large
domestic animals shall be of such design, materials, and construction as
are sufficient to prevent the escape of the animal or animals enclosed.
Fences enclosing horses or cows shall be of the equivalent strength of a
wood fence with four -by -four inch (4" x 4 ") posts, no more than 10 feet
apart, with three (3) two -by -six inch (2" x 6 ") rails. Electrically charged
wires shall be used
TABLE 17.5(C)
Permitted and Conditional Uses - Farm Animal Overlay Zone
Use
RS -6000 (FA)
RS -6000 (DI)(FA)
and
RM•20(FA)
1. Agricultural or Horticultural Use (personal use only)
P
C
2. Keeping of farm animals when animals are maintained for
personal use of the residents of the premises, subject to the
following:
a. Only one (1) such animal shall be kept on a lot having
less than 15,000 sf in area.
b. No more than two (2) such animals shall be kept on a
lot having 15,000 to 20,000 sf in area.
c. No more than four (4) animals shall be kept on a lot
having 20,001 to 30,000 sf in area.
d. No more than six (6) animals shall be kept on a lot
having 30,001 to one (1) acre in area.
e. Animals under 12 months in age, born of an animal in
permanent residence on the property, may be kept on
the property without counting towards the above
maximum permitted numbers.
P
C
3. Keeping of farm animals in excess of the above maximum
permitted numbers
C
C
4. Keeping of farm animals for commercial purposes (including
commercial stables)
C
C
5. Breeding of horses (one of the horses must be permanently
maintained on the property)
P
C
6. Horse riding academy or club
C
C
7. Keeping of 12 or fewer poultry and 12 or fewer rabbits for
noncommercial purposes
P
C
8. Keeping of poultry or rabbits in excess of the above
maximum permitted numbers
C
C
9. Keeping of wild, exotic, or non - domesticated animals
C
C
P = Permitted Use
C = Conditional Use Permit Required
(See Section 35, Division 7)
A = Permitted as an Accessory Use
X = Not Permitted
only to supplement other fences, and shall meet any insurance
underwriter's standards for electric fences. Barbed wire fences are
prohibited.
5. Trash bin locations shall be screened from public view and shall be
subject to Design Review.
6. The property shall be required to comply will all applicable health and
safety regulations provided for in any other statue or ordinance. The
following additonal provisions shall also apply:
a. Each property owner or lessee shall be responsible for the continuous
maintenance of the animal keeping facilities in a sanitary condition
which includes, but is not limited to, the cleaning of corrals, stables,
barns, and other areas to which animals have access, and for the
disposal of manure, offal, soiled straw, and other refuse as required.
b. Animal waste shall not be allowed to accumulate, run off, or leach so
as to create a nuisance or be offensive to other persons in the
City of Cypress
17 -4 Zoning Ordinance
300
Section 17: Overlay Zones
vicinity. Manure may be disposed of by removal or fertilizing. If
waste is to be used as compost, proper procedures must be used to
control insects and to minimize offensive odors.
c. Each lot and structure shall be maintained so that there is no standing
surface water within areas in which large domestic animals are kept.
d. All buildings used for the keeping of animals and all corral or
enclosure fences shall be constructed and maintained in a neat and
orderly condition and kept in good repair.
e. The corral and stable area shall be sprinkled or otherwise treated to a
degree so as to prevent the emanation of dust, and all accumulation
of manure, mud, or refuse shall be eliminated so as to prevent the
breeding of flies.
f. Property owners or lessees who keep large domestic animals on their
property shall carry out a fly control program when necessary to
control the fly population. This program may incorporate the use of
traps, pesticides, and other appropriate control measures.
17.7 Civic Center Overlay Zone (CC)
A. Purpose
The Civic Center (CC) overlay zone is established to provide a zone
designed to protect the public interest in major public development projects,
and at the same time to protect private interests in the peripheral area by
creating an environment compatible with the purpose of the public
development.
B. Use Regulations
Any use allowed in the underlying zone district as either a permitted use or
conditionally permitted use shall be permitted in the CC overlay zone, subject
to the requirements of the underlying zone. However, a Conditional Use
Permit shall be required for all development proposals where new
construction is proposed. Single- family dwellings shall be exempt from this
requirement.
C. Development Standards
1. The development standards applicable to the underlying zone of the
property shall apply to developments within the CC overlay zone, except
as otherwise provided in subparagraph 2 below.
2. Performance, development, and maintenance standards, including
screening, landscaping, and signing, shall be as specified in the
Conditional Use Permit.
17.9 Reserved
City of Cypress
17 -5 Zoning Ordinance
Section 19: Special Use Standards
SECTION 19. SPECIAL USE STANDARDS
Section Contents:
Division 1. Alcoholic Beverage Sales
19.1 Conditional Use Permit Approval Required
19.3 Findings and Conditions
19.5 Reserved
Division 2. Antennas
19.7 Antennas Subject to These Regulations
19.9 Restriction on Use of Nonexempt Antennas
19.11 Two -tier Permit Process for Wireless Antennas
19.13 Residential Zones - Applicable Regulations
19.15 Commercial Zones - Applicable Regulations
19.17 Industrial Zones - Applicable Regulations
19.19 Public and Semi - public Zones - Applicable Regulations
19.21 Development and Performance Standards
19.23 Criteria for Granting Variances
19.25 Nonconforming Antennas
19.27 Relocation of Nonconforming Antennas
19.29 Reserved
Division 3. Vehicle Repair Uses
19.31 Applicability
19.33 Restrictions on Overnight Parking
19.35 Restrictions on Outdoor Repair
19.37 Development Standards
Division 4. Hotels /Motels
19.39 Performance Standards
19.41 Restrictions on Long -term Occupancy
19.43 Time Limits for Complying with Requirements
Division 1. Alcoholic Beverage Sales
19.1 Conditional Use Permit Approval Required
A. A Conditional Use Permit, obtained pursuant to the provisions of Section 35,
Division 7 (Conditional Use Permits) of this zoning ordinance, shall be
required for any business that sells alcoholic beverages for on -site or off -site
consumption. This requirement shall apply to any new business proposed to
locate in the City, or any existing business proposing to relocate within the
City, that requires a State permit to sell alcoholic beverages.
B. A Conditional Use Permit shall be required for any existing business
authorized to sell beer and wine that seeks to upgrade its alcoholic beverage
sales license to include the sale of spirits.
C. Notwithstanding the provisions of Section 35.91(Modification to a Conditional
Use Permit) of this ordinance, a Conditional Use Permit issued for the sale of
alcoholic beverages, if not used within 180 days of the date that the permit
becomes valid, shall lapse and become void.
19.3 Findings and Conditions
A. In approving an application for a Conditional Use Permit to establish a use
selling alcoholic beverages, the Planning Agency may impose conditions on
the use to ensure that it operates in a manner that provides adequate
protection of the public health, safety, and general welfare.
City of Cypress
19 -1 Zoning Ordinance
301
302
Section 19: Special Use Standards
B. In determining whether to approve a Conditional Use Permit application for
alcoholic beverage sales and the conditions to impose on such use, the
Planning Agency shall consider the following:
1. The nature and use of real property within 500 feet of the use, and in
particular, the location of similar nearby uses and the location of
residences, parks, schools, and churches.
2. The inclusion of appropriate measures to provide proper maintenance of
the building exterior, including keeping the premises free of junk, litter,
and debris.
3. The lighting of exterior areas, including parking lots, to discourage
loitering activities outside of the buildings.
4. The protection of persons residing on or using adjacent properties from
noise, illegal activity, odors, and light and glare.
5. The provision of on -site security, both inside and outside the building, to
satisfy any concerns raised by the Police Department.
6. The adequacy of off - street parking provided for the use.
7. The hours of operation.
8. The controls on occupancy limits inside the building and loitering outside
of the building.
9. The prevention of potentially adverse effects of the use on the value of
adjacent properties.
19.5 Reserved
Division 2. Antennas
19.7 Antennas Subject to These Regulations
A. The requirements of this Division 2 shall apply to all telecommunications
antennas located in the City of Cypress, with the exception of those
antennas identified in section B below.
B. Antennas meeting the following standards and specifications are exempt
from the requirements of this Division 2:
1. Common skeletal -type radio and television antenna used to receive UHF,
VHF, AM and FM signals of off -air broadcasts from radio and television
stations.
2. In residential zones, all satellite dish antennas that are one (1) meter or
less in diameter.
3. In all commercial and industrial zones, all satellite antennas that are two
(2) meters or less in diameter.
19.9 Restriction on Use of Nonexempt Antennas
A. Except as provided in subsection B below, prior to the approval by the City
for the installation of any nonexempt antenna, the applicant must submit a
written statement that the antenna will not be used for transmission
purposes; or, that the use of the antennas for transmission purposes will not
exceed EIRP levels of 80 dBW.
City of Cypress
19 -2 Zoning Ordinance
Section 19: Special Use Standards
B. Antennas used for transmission purposes which exceed EIRP levels of 80
dBW may be approved, subject to the imposition of reasonable conditions to
protect the applicant and the public health, safety, and general welfare.
Reasonable conditions shall include, but are not limited to, fencing,
screening, warning signs, partial submersion below ground level, and other
similar conditions.
19.11 Two -tier Permit Process for Wireless Antennas
A. Antennas Requiring a Conditional Use Permit
Building- or ground- mounted cellular, pcs, or other wireless antenna shall be
considered a public utility use subject to a Conditional Use Permit (Section
35, Division 7 [Conditional Use Permits] of this ordinance).
B. Antennas Subject to Design Review
Antennas that meet all of the following criteria shall be considered permitted
accessory structures /uses subject to Design Review (Section 35, Division 10
[Design Review] of this ordinance).
1. Antenna not located within a residential zone or on a property not used
for residential purposes.
2. Antenna incorporating a stealth design, whereby antenna panels are
flush - mounted on a building and painted to match; are incorporated into a
design element such as an identification monument, screen, architectural
treatment, or sign; or are incorporated into the design of a light or utility
pole.
3. Antenna that comply with the development criteria and performance
standards contained in Section 19.21 (Development and Performance
Standards) of this Division 2.
19.13 Residential Zones - Applicable Regulations
Table 19.13 identifies the development standards applicable to all antennas
located in the City. In addition, antennas located in any residential zone in the
City shall conform to the following standards:
1. No antenna or its supporting structure shall be located in the area between
the front property line and the dwelling.
2. No antenna, other than satellite antennas, shall be higher than 35 feet above
grade level. Antennas exceeding 35 feet in height may be approved,
provided the antenna is of the retractable variety, that the antenna is
retractable to below the 35 -foot height limit, and the applicant executes a use
agreement providing that the antenna will only be extended during actual use
of said antenna.
19.15 Commercial Zones - Applicable Regulations
Table 19.13 identifies the development standards applicable to all antennas
located in the City. In addition, antennas located in any commercial zone in the
City shall conform to the following standards:
1. No antenna or its supporting structure shall be located in the area between
the front property line and the main structure or building.
2. No antenna, other than a satellite antenna, shall be higher than the maximum
height permitted in the zone, measured from grade level.
City of Cypress
19 -3 Zoning Ordinance
304
Section 19: Special Use Standards
TABLE 19.13
Antenna Regulations
Development
Standards
1. Distance from Property
Line
5 ft.
Residential
Commercial
5 ft.
5 ft.
Industrial
Public / Sei'
Public
5 ft.
2. Distance from Other
Structures
10 ft.
10 ft.
10 ft.
10 ft.
3. Minimum Screening
Height (a)
6 ft.
6 ft.
6 ft.
6 ft.
4. Yard Location
Rear or side yard,
except street side
Rear or side yard,
except street side
Rear or side yard,
except street side
Rear or side yard,
except street side
5. Maximum Height
15 ft. for satellite
antennas. 35 ft. for
all other antennas.
15 ft. for satellite
antennas.
Maximum height
permitted in zone
for all other
antennas.
15 ft. for satellite
antennas.
Maximum height
permitted in zone
for all other
antennas.
15 ft. for satellite
antennas.
Maximum height
permitted in zone
for all other
antennas.
6. Maximum Number of
Antenna per Lot
(including exempt antennas)
2
2
2
2
7. Roof - mounted
Antennas Permitted?
No
Yes, if mounted on
flat portion of roof
with parapets or
other screening
that matches
structure
architecture.
Yes, if mounted on
flat portion of roof
with parapets or
other screening
that matches
structure
architecture.
Yes, if mounted on
flat portion of roof
with parapets or
other screening
that matches
structure
architecture.
8. Wireless Antenna
Regulations (b)
Prohibited
CUP required,
minimum setback
of 300 ft. from any
residential zone.
CUP required,
minimum setback
of 300 ft. from any
residential zone.
CUP required,
minimum setback
of 300 ft. from any
residential zone.
(a) All ground- mounted antennas shall be screened by walls, fences, or landscaping to the minimum height
required so as to obscure visibility of the antenna. Landscaping shall be of a type and variety capable of
growing to create appropriate screening within one (1) year.
(b) See Section 9.11(B). Antennas that meet criteria specified shall not be subject to the CUP requirement.
19.17 Industrial Zones - Applicable Regulations
Table 19.13 identifies the development standards applicable to all antennas
located in the City. In addition, antennas located in any industrial zone in the
City shall conform to the following standards:
1. No antenna or its supporting structure shall be located in the area between
the front property line and the main structure or building.
2. No antenna, other than satellite antenna, shall be higher than the maximum
height permitted in the zone, measured from grade level.
19.19 Public and Semi - public Zones - Applicable Regulations
Antennas located in any public and semi - public zone in the City shall conform to
the following standards:
1. No antenna or its supporting structure shall be located in the area between
the front property line and the main structure or building.
2. No antenna, other than satellite dish antenna, shall be higher than the
maximum height permitted in the zone, measured from grade level.
City of Cypress
19 -4 Zoning Ordinance
Section 19: Special Use Standards
19.21 Development and Performance Standards
The following regulations shall apply to the establishment, installation, and
operation of antennas in all zones:
1. Antennas shall be installed and maintained in compliance with the
requirements of the Building Code. Antenna installers shall obtain a building
permit prior to installation.
2. No advertising material shall be allowed on any antenna.
3. All electrical wiring associated with any antenna shall be buried underground
or hidden in a manner acceptable to the Community Development Director.
4. No portion of an antenna array shall extend beyond the property lines or into
any front yard area. Guy wires may be attached to the building but shall not
be anchored within any front yard area.
5. The antenna, including guy wires, supporting structures, and accessory
equipment, shall be located and designed so as to minimize the visual impact
on surrounding properties and from public streets. The materials used in
constructing the antenna shall not be unnecessarily bright, shiny, garish, or
reflective.
6. Every antenna must be adequately grounded with an adequate ground wire
for protection against a direct strike of lightning. Ground wires shall be of the
type approved by the latest edition of the electrical code for grounding masts
and lightning arrestors and shall be installed in a mechanical manner, with as
few bends as possible, maintaining a clearance of at least two (2) inches
from combustible materials. Lightning arrestors shall be used that are
approved as safe by the Underwriter's Laboratories, Inc., and both sides of
the line must be adequately protected with proper arrestors to remove static
charges accumulated on the line.
When lead -in conductors of polyethylene ribbon -type are used, lightning
arrestors must be installed in each conductor. When coaxial cable or
shielded twin lead is used for lead -in, suitable protection may be provided
without lightning arrestors by grounding the exterior metal sheath.
7. A wind velocity test shall be required, if deemed necessary by the Building
Official.
8. All cellular, pcs, and other wireless antenna shall be designed to enhance the
surrounding physical environment by blending with that environment and by
being as unobtrusive as possible.
9. Co- location of cellular, pcs, and other wireless antenna shall be encouraged.
Therefore, lease agreements shall not include exclusive rights which would
prohibit co- location where it is technically feasible.
10. For all cellular, pcs, and other wireless antenna for which a Conditional Use
Permit is required, a faithful performance bond to ensure the removal of
abandoned antenna facilities shall be posted prior to the issuance of building
permits.
11. Any Conditional Use Permit for a cellular, pcs, or other wireless antenna shall
be reviewed at least every five (5) years by the Planning Agency. Such
review shall focus on whether changing technology has rendered the design
obsolete.
12. All cellular, pcs, and wireless antenna which are located in or use City right -
of -way shall be subject to applicable franchise fee ordinance provisions or
City lease agreement provisions.
City of Cypress
19 -5 Zoning Ordinance
305
306
Section 19: Special Use Standards
19.23 Criteria for Granting Variances
A. Pursuant to the procedures of Section 35, Division 8 (Variances) of this
ordinance, any person may seek a Variance from the provisions of this
ordinance. No fee shall be charged to an applicant for a Variance that is
required solely for the purposes of complying with this ordinance. Any
Variance so granted is revocable for failure by the applicant or property
owner to comply with the conditions imposed.
B. A Variance shall be issued for an antenna if it meets the following standards:
1. Locating the antenna in conformance with the specifications of this
Division 2 would obstruct the antenna's reception window or otherwise
excessively interfere with reception, and such obstruction or interference
involves factors beyond the applicant's control; or
2. The cost of meeting the specifications of this section is excessive, given
the cost of the proposed antenna.
C. The Variance application shall include a certification that the proposed
installation is in conformance with applicable City building code regulations.
Furthermore, the application must contain written documentation of such
conformance, including load distributions within the building's support
structure and certified by a registered engineer.
D. If the antenna is proposed to be located on the roof, where possible, the
antenna shall be located on the rear portion of the roof and be consistent
with neighboring improvements, uses, and architectural character.
19.25 Nonconforming Antennas
All antennas, in any zone, lawfully constructed and erected prior to the effective
date of applicable ordinances, and which do not conform to the requirements of
the provisions of this Division 2 for the particular zone in which they are located,
shall be accepted as nonconforming uses and shall be subject to abatement
pursuant to the provisions of Section 31 (Nonconforming Uses and Structures) of
this ordinance.
19.27 Relocation of Nonconforming Antennas
Where the Nonconforming Hearing Board finds that a nonconforming antenna,
either in its present condition or as modified, can be used in compliance with the
standards set forth in this ordinance for the zone in which it is located, the
nonconforming antenna may be granted an extension sufficient to permit it to
relocate on the site wherein such use is permitted and which has substantially
equivalent utility for the use. In no event shall such extension be more than two
(2) years.
19.29 Reserved
Division 3. Vehicle Repair Uses
19.31 Applicability
The provisions of this Division 3 shall apply to all businesses engaged in the
commercial repair, maintenance, and /or painting of automotive vehicles. The
Planning Agency, through the Conditional Use Permit process, shall have the
authority to impose additional conditions on any such use as deemed necessary
to further the intent of this Division 3.
City of Cypress
19 -6 Zoning Ordinance
Section 19: Special Use Standards
19.33 Restrictions on Overnight Parking
All vehicles left overnight at a business for servicing shall be parked in fully
enclosed parking spaces. No outdoor overnight parking shall be permitted under
any circumstances.
19.35 Restrictions on Outdoor Repair
All repair, servicing, and painting activities shall be conducted within an enclosed
structure. For the purposes of this section, a garage with service bays open on
one side shall be considered an enclosed structure, provided that the garage
door can be closed at the end of the business day. No outdoor repair, servicing,
or painting activities shall be permitted under any circumstances.
19.37 Development Standards
New or remodeled vehicle repair establishments shall be designed and
constructed such that openings to the service bays are not oriented toward a
public street. This requirement shall not apply to developments on corner Tots or
on other lots where physical conditions or similar circumstances prevent
compliance with this standard.
Division 4. Hotels /Motels
19.39 Performance Standards
All hotels and motels shall comply with the following performance standards:
1. On -site management shall be available 24 hours a day, seven (7) days a
week.
2. Not less than weekly maid and housekeeping service shall be provided for
each guest room. Maid and housekeeping service means basic cleaning,
including but not limited to vacuuming, sweeping and /or mopping, dusting,
and changing of bed linens and towels.
3. No hotel /motel room shall be rented more than once in a 24 -hour period.
4. All hotels /motels shall maintain daily records reflecting the names and
permanent addresses of hotel /motel guests, as verified by valid driver's
license or other valid identification along with the license number, state of
license, make, model and year of any guest's vehicle parked onsite or the
corporate account information and guest names, the dates of occupancy,
length of stay, and room rate. This registration information shall be
maintained for at least one (1) year past the last day of stay for each guest
and shall be made available for review by any duly sworn peace officer of the
City, State, or Federal Government or any authorized official of the City's
Code Enforcement or Finance Department during normal business hours.
Any person who knowingly or intentionally misrepresents any material facts
required in this subsection shall be deemed guilty of a misdemeanor.
19.41 Restrictions on Long -term Occupancy
A. As used herein, the term "long -term occupancy" shall be defined as any stay
in a hotel /motel exceeding either 30 consecutive days or 60 days per
calendar quarter.
B. No hotel /motel shall permit any long -term occupancy of any room unless all
the following conditions are met, in which case a maximum of 15 percent of
the rooms may be rented for residential tenants subject to approval of a
conditional use permit.
City of Cypress
19 -7 Zoning Ordinance
308
Section 19: Special Use Standards
1. In -room telephone service shall be provided for each long -term
occupancy guest room.
2. Each room rented for long -term occupancy shall be a minimum of 275
square feet.
3. Each room rented for Tong -term occupancy shall contain a kitchenette
(portion of the room containing any combination of facilities of sufficient
size for the preparation of meals) or shall have onsite room service
available.
19.43 Time Limits for Complying with Requirements
A. Any hotel or motel not in compliance with this Section 19, Division 4 shall be
brought into compliance in accordance with the following schedule:
1. Within one (1) year, all hotels /motels shall comply with the requirements
of Section 19.39; and
2. Within one (1) year, the number of guest rooms rented for long -term
occupancy in each hotel /motel shall not exceed 30 percent of the total
number of guest rooms in the hotel /motel, and such long -term occupancy
guest rooms shall comply fully with numbers 1, 2, and 3 of paragraph B of
Section 19.41; and
3. Within two years (2) years, the number of guest rooms rented for long-
term occupancy in each hotel /motel shall not exceed 20 percent of the
total number of guest rooms in the hotel /motel, and such long -term
occupancy guest rooms shall comply fully with numbers 1, 2, and 3 of
paragraph B of Section 19.41; and
4. Within three (3) years, the number of guest rooms rented for long -term
occupancy in each hotel /motel shall comply fully with Section 19.41.
B. The provisions of Section 31 (Nonconforming Uses and Structures) of this
ordinance shall also apply.
19.45 Reserved
City of Cypress
19 -8 Zoning Ordinance
11 2f -1 3(��
Section 21: Reserved
SECTION 21. RESERVED
City of Cypress
21 -1 Zoning Ordinance
310
Section 23: Home Occupations
SECTION 23. HOME OCCUPATIONS
Section Contents:
23.1 Intent and Purpose
23.3 Permit Required
23.5 Home Occupation Performance Standards
25.7 Reserved
23.9 Reserved
23.1 Intent and Purpose
A. Intent
The City of Cypress recognizes that a residential property owner has a limited
right to conduct a non - obtrusive business from his residence, and that the
average neighbor generally will prefer to have that business conducted in such a
fashion that neighbors are unaware of its existence.
B. Purpose
The purpose of this Section is to allow such home occupations to exist while
maintaining the residential character of residential neighborhoods and preventing
the use of home occupations from transforming a residential neighborhood into a
commercial one. In addition, such businesses encourage and promote efforts to
reduce traffic congestion and the generation of pollutants by allowing and
recognizing changing work environments, including telecommuting and work -at-
home options, and shall be allowed in the City subject to the regulations of this
Section 23.
23.3 Permit Required
A. The establishment of a home occupation within any residential dwelling unit
shall be regulated by a one -time application and fee, as set forth by
Resolution of the City Council for a Home Occupation Permit.
B. An application for a Home Occupation Permit shall be submitted to the
Business License Department on forms supplied by the Department. The
applicant shall provide information required by the application and any
additional information requested by the Department to assist in the review of
the permit request.
C. Within five days of receiving a completed application, the Community
Development Director shall act to approve, approve with conditions, or deny
the application. Any decision of the Director may be appealed to the
Planning Agency pursuant to Section 35, Division 4 of this ordinance.
D. The Community Development Director has the right to review newly issued
Home Occupation Permits on a quarterly basis for the first year of business
operation to ensure compliance with the terms of the permit and applicable
provisions of this ordinance.
E. Violation of any of the performance standards listed in Section 23.5(B) below
or any permit conditions may result in permit revocation pursuant to the
provisions of Sections 35.45 to 35.47 of this ordinance.
23.5 Home Occupation Performance Standards
A. Home occupations, as defined in Section 41 (Definitions) of this ordinance,
are uses that generally do not interrupt or interfere with the general nature or
residential character of the residential neighborhood.
City of Cypress
23 -1 Zoning Ordinance
Section 23: Home Occupations
B. All permitted home occupations shall comply with the following performance
standards:
1. A home occupation business generally shall be conducted within a
dwelling and shall be clearly incidental to the residential use of the
structure. The business may be located in a garage, provided all off-
street parking requirements for the applicable zoning district are met.
2. No building or space outside of the main building shall be used for the
home occupation business except approved horticultural - related
activities.
3. The appearance of the dwelling within which the home occupation is
conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds, noises, vibrations, display of
equipment, etc.) so that it may be reasonably recognized as serving a
nonresidential use.
4. No one other than a resident of the dwelling may be employed by a home
occupation operating within that dwelling.
5. No motor or mechanical equipment shall be permitted other than that
normally incidental to the residential use of the structure.
6. Home occupations may not generate pedestrian or vehicular traffic
beyond that considered normal within the surrounding residential district.
7. No storage of materials and /or supplies, indoors or outdoors, shall be
permitted which will be hazardous to surrounding neighbors or
detrimental to the residential character of the neighborhood.
8. No more than one room in the dwelling shall be employed for the use of
the home occupation.
9. There shall be no use of utilities or community facilities beyond that
normal to the use of the property for residential purposes.
10. Home occupations may not create any radio or television interference or
noise audible beyond the boundaries of the site.
11. Home occupations may not emit any smoke, odor, liquid, or solid waste.
12. There shall be no outdoor storage or display of materials or equipment
maintained on the premises.
13. The conduct of a home occupation may not interfere with the
maintenance of any required parking spaces, including spaces required
to be provided in a garage.
14. A business tax certificate shall be obtained from the Finance Department.
15. No direct sales shall be conducted on the premises of any home
occupation.
23.7 Reserved
23.9 Reserved
City of Cypress
23 -2 Zoning Ordinance
312
Section 25: Off - Street Parking and Loading
SECTION 25. OFF - STREET PARKING AND LOADING
Section Contents:
25.1 Intent and Purpose
25.3 Applicability
25.5 Restriction on Use of Parking Facilities
25.7 Number of Parking Spaces Required
25.9 Location of Parking Facilities
25.11 Shared Parking
25.13 Parking Facility Layout and Dimensions
25.15 Required Improvements
25.17 Landscaping Requirements
25.19 Parking in Front Yards of Residential Lots
25.21 Loading Requirements
25.23 Reserved
25.1 Intent and Purpose
The purpose of the parking and loading regulations is to ensure that all land uses
provide adequate off - street parking facilities, loading areas, and vehicle
movement area associated with a use. The intent of these regulations is to
ensure that the use of land does not interfere adversely with the use of and
circulation on public rights -of -way, that private on -site circulation does not pose a
potential safety problem, and that surrounding uses are insulated from the
impacts of off - street parking and loading facilities.
25.3 Applicability
A. The minimum standards of this Section shall apply to new buildings or uses,
proposed additions to or enlargements of existing buildings or uses, and any
proposed changes in building occupancy or building use that would require
the provision of additional parking spaces.
B. For any proposed changes in building occupancy or building use that
requires the provision of additional parking spaces, such additional parking
shall be required only for the new use. An existing building or use shall not
be required to conform to the specifications of this Section.
C. If the total number of additional parking spaces required to accommodate an
enlargement, addition, or change in use under the provisions of this Section
is Tess than 10 percent of the total number of existing spaces, additional
parking shall not be required.
D. If off - street parking facilities for an existing use do not conform to the
minimum requirements of this Section, the use will not be considered a
nonconforming use pursuant to Section 31 (Nonconforming Uses and
Structures) of this ordinance.
E. Off - street parking facilities for a specific building or use shall not be applied
towards the minimum parking requirements for other buildings or uses.
Shared parking facilities are allowed provided they meet the minimum
standards for each building or use for which they provide parking, or provided
they meet the requirements of Section 25.11 (Shared Parking). Exceptions
may be made if the Planning Agency determines a facility providing
combined parking requirements is consistent with the intent and purpose of
this Section.
F. Required parking spaces and areas shall be maintained for the duration of
the use requiring such areas.
City of Cypress 25-1 Zoning Ordinance
Section 25: Off - Street Parking and Loading
25.5 Restriction on Use of Parking Facilities
A. Required parking spaces and areas shall not be used for the sale or display
of goods and services, nor for the sale, display, or repair of motor vehicles.
B. Temporary use of parking areas for special events or sales may be permitted
subject to the requirements of Section 35, Division 10 (Temporary Use
Permits) of this ordinance.
25.7 Number of Parking Spaces Required
A. Required Spaces
Table 25.7(A) specifies the number of off- street parking spaces required for
specific uses. The requirement for a use not specifically mentioned shall be
the same as for a specified use which has the most similar traffic and /or
parking generating characteristics. The Community Development Director
shall determine what constitutes similar traffic- generating characteristics.
B. Fractional Spaces
If the calculation of required parking spaces results in a fractional number, a
fraction of one -half ( %) or higher shall be rounded up to the next whole
number.
TABLE 25.7(A)
Number of Automobile Parking Spaces Required
Use Required Number of Spaces
Residential Uses
Single- family, detached and attached
2 -car garage for each unit.
Small -lot, Single- family development
Guest parking
2 -car garage plus 2 open spaces for each unit. The
open spaces may be located on the driveway
leading to the garage.
1 unassigned open space for each unit.
Planned Residential Development
Guest parking
2 garage spaces for each unit.
1 open space for each unit.
Apartment, including multiple - family (2 or more
dwelling units on one building site, excluding
condominiums and townhomes)
Guest parking
Bachelor unit: 1 garage space for each unit.
One - bedroom unit: 1 garage space, plus 1/2 open
space for each unit.
Two - bedroom unit: 2 garage spaces for each unit.
Three - bedroom unit: 2 garage spaces plus'/ open
space for each unit.
% unassigned open spaces for each unit on building
site with 4 or more dwelling units.
Boarding or Rooming house
1 space for each guest room or dwelling unit.
Condominium, including townhome, patio home
Guest parking
Bachelor unit: 1 garage space for each unit.
One - bedroom unit: 1 garage space plus'/ open
space for each unit.
Two- bedroom unit: 2 garage spaces for each unit.
Three - bedroom unit: 2 garage spaces plus'/ open
space for each unit.
1/2 unassigned open spaces for each unit on building
site with 2 or more dwelling units.
City of Cypress
25 -2
Zoning Ordinance
314
Section 25: Off - Street Parking and Loading
TABLE 25.7(A)
Number of Automobile Parking Spaces Required
Use
Required Number of Spaces
Residential Dwelling located in a Density Incentive
Overlay Zone (DI)
Guest parking
Bachelor unit: 1 garage space for each unit.
One - bedroom unit: 1 garage space plus 1/2 open
space for each unit.
Two - bedroom unit: 2 garage spaces for each unit.
Three - bedroom unit: 2 garage spaces plus 'A
open space for each unit.
1/2 unassigned open spaces per unit on a building
site containing 2 or more dwelling units.
Convalescent Facility
1 space for every 3 beds.
Single -room Occupancy (SRO) Housing
'/ space for each unit, plus 1 space per employee.
Dormitory or other student housing
1 space for each guest room.
Public Assembly and Community Uses
Auditorium, not on a school site
1 space for every 3 fixed seats in the main
assembly room. Where no fixed seats are provided,
1 space for every 20 square feet in the main
assembly room.
Church, Chapel, Religious Facility, or Mortuary
1 space for every 3 fixed seats in the main
assembly room. Where no fixed seats are provided,
1 space for every 20 square feet in the main
assembly room.
Club or Lodge
1 space for every 3 fixed seats in the main
assembly room. Where no fixed seats are provided,
1 space for every 20 square feet in the main
assembly room.
College or University
'A space for each full -time student, minus the
number of spaces provided for student housing
(dormitories).
Community Care Facility
% space for each bed.
Day Care Center, Nursery or Preschool
1 space for each employee, plus 1 space for every
10 children.
Facilities located in a PC, PBP, or BP zone shall
pay for a parking study to be conducted by the City
or its designee. A parking plan will then be
approved for each facility based on this study.
Elementary or Junior High school
2 spaces for each classroom.
High school
7 spaces for each classroom.
Hospital
2 spaces for each bed.
Theater
1 space for every 3 fixed seats in the main
assembly room. Where no fixed seats are provided,
1 space for every 20 square feet in the main
assembly room.
Office Uses
Medical or Dental Office
1 space for every 200 square feet of gross floor
area.
Office, Administrative or Professional
1 space for every 250 square feet of gross floor
area.
Financial Institution
1 space for every 250 square feet of gross floor
area.
Public Utility Office
1 space for every 250 square feet of gross floor
area.
Commercial Uses
Automobile and other vehicle sales, rental, or
display
1/400 square feet of building area, plus 1/1,000
square feet of exterior display space, but not less
than 5 spaces.
Automobile Quick Tune Facility
2 spaces for every service bay, but not Tess than 6
spaces. Service bays do not count as parking
spaces, although queuing spaces for bays located
outside of on -site circulation aisles may count as
required spaces.
City of Cypress
25-3
Zoning Ordinance
Section 25: Off - Street Parking and Loading
TABLE 25.7(A)
Number of Automobile Parking Spaces Required
Use
Required Number of Spaces
Automobile Repair Garage
2 spaces, plus 2 spaces for every service bay, with
minimum of 5 spaces. Service bays do not count as
parking spaces.
Automobile Repair Garage engaged primarily in
long -term restoration and repair of vehicles
2 spaces, plus 1 space for every service bay, with a
minimum of 5 spaces. Service bays do not count as
parking spaces.
Car Wash, Full- Service or Automatic
1 space /3 employees, plus 600 square feet of
drying space per 20 feet of conveyor length
Car Wash, Self- Service or Coin -op
2 spaces/wash bay. Queuing spaces may count as
parking spaces.
Dairy Products Store, Drive -in
5 spaces.
Grocery Store, not including Mini - markets
1 space for every 225 square feet of gross floor
area (including display).
Hotel, Motel, or Inn
1 space for each guest room, plus additional spaces
as required for accessory uses.
Live Entertainment (any establishment requiring a
Live Entertainment Permit pursuant to Chapter 9 of
the Code of the City of Cypress)
1 space for every 2 persons, based upon the
maximum occupancy of the public area, as
determined by the Building Official, plus the parking
spaces required for employees based upon the
nature of the underlying business and the
requirements of this Table 25.7(A).
Mini - market
1 space for every 250 square feet, but not less than
5 spaces.
Plant nursery or garden shop
5 spaces, plus 1 additional space for every 1,000
square feet of outdoor sales or display.
Restaurant, Drive - through
1 space for every 200 square feet of gross floor
area, but not less than 10 spaces.
Restaurant, Sit -down
1 space for every 100 square feet of gross floor
area, but not less than 10 spaces.
Retail, General
1 space for every 250 square feet of gross floor
area.
Service Station (a)
5 spaces, plus additional spaces as required for
accessory uses (for example, Mini - market).
Shopping Center
1 space for every 225 square feet of gross floor
area.
Recreation Uses
Recreational use, including country club or swim
club
1 space for every 3 persons served, based on the
maximum anticipated capacity of all facilities
capable of simultaneous use, as determined by the
Community Development Director.
Industrial Uses
Industrial or Manufacturing, including R &D
(including ancillary office space)
2 spaces for every 3 employees, but not less than 2
spaces for every 1,000 square feet of gross floor
area.
Recycling Collection Facility
No additional parking is required for facilities
located in the established parking lot of a host use,
provided that use of the recycling facility does not
reduce the available parking of the host use below
the minimum required by this Section.
If the facility is located in California Department of
Conservation, Division of Recycling "convenience
zone," use of the recycling facility may not reduce
available host parking by more than 5 spaces.
Warehouse and Distribution Facility
2 spaces for every 3 employees, but not less than 2
spaces for every 1,000 square feet of the first
20,000 square feet of gross floor area; 1 space for
every 2,000 square feet of the next 20,000 square
feet of gross floor area; and 1 space for every 4,000
square feet of gross floor area thereafter.
If there is more than 1 employment shift, the number
of employees on the largest shift shall be used in
determining parking requirements.
Notes: (a) Pump islands do not count as required parking.
City of Cypress
25-4
Zoning Ordinance
316
Section 25: Off - Street Parking and Loading
C. Accessible Parking
1. When parking Tots or garage facilities are provided pursuant to this
Section, accessible parking spaces shall be provided in accordance with
State requirements (Uniform Building Code, Chapter 11). Accessible
parking spaces shall be located on the shortest possible accessible route
from adjacent parking to an accessible building entrance. In facilities with
multiple accessible building entrances with adjacent parking, accessible
parking spaces shall be dispersed and located near the accessible
entrances.
2. When accessible parking spaces are required by this Section, they shall
be designed and constructed in accordance with the Uniform Building
Code.
25.9 Location of Parking Facilities
A. Residential
Parking facilities serving residential uses shall be located on the same
property as the use the parking is intended to serve.
B. All Other Uses
Parking facilities for all other uses shall be located on the same property as
the use the parking is intended to serve, with the following exceptions:
1. In the Business Park (BP- 20,000) zone, parking facilities may be located
within 300 feet of the use the parking is intended to serve. For uses
requiring a Conditional Use Permit, parking facilities may be located
within 600 feet of the use the parking is intended to serve.
Any parking facility not located on the same site as the use the parking is
intended to serve shall be subject to an "affidavit of nonseverance," to be
approved by the City Attorney and the Community Development Director.
This affidavit shall be recorded with the Orange County Recorder's Office
and shall continue to be valid upon change of ownership of the property
or any lawfully existing building or structure on the property.
25.11 Shared Parking
Shared parking may be permitted to meet the requirements of this Section under
the following circumstances:
A. Churches
A church (unless located in a residential zone) which does not have sufficient
off - street parking spaces on site may obtain a reciprocal easement or enter
into an agreement with an adjacent landowner to share parking. A shared
parking plan, which includes an alternate plan for the church should the
agreement be canceled, must be approved by the Community Development
Department. If such agreement is canceled, the church shall provide a
minimum of 90 days notice to the Community Development Department, at
which time the alternate plan will be implemented. An alternate plan may
include a provision for shuttle service.
B. Commercial and Industrial Developments
1. The uses sharing the parking facilities shall be located on contiguous lots.
2. A legal agreement shall be signed by all parties sharing parking facilities.
Such agreement shall be approved by the City Attorney and Community
Development Director, shall be recorded with the Orange County
Recorder's Office, and shall continue to be valid upon change of
City of Cypress
25 -5 Zoning Ordinance
Section 25: Off - Street Parking and Loading
ownership of any property subject to the agreement or any lawfully
existing building or structure on said properties.
3. Shared parking arrangements must be authorized by any discretionary
permit issued for the use for which the parking is provided.
25.13 Parking Facility Layout and Dimensions
Parking facilities shall be designed to conform to the following minimum
standards:
A. Parking Space Dimensions
1. The minimum size of a standard parking space shall be nine (9) feet wide
and 20 feet long (9' x 20'), with a maximum landscape overhang of two
and one -half (2 -1/2) feet.
2. The minimum size of a standard parallel parking stall shall be eight (8)
feet wide and 24 feet long (8' x 24').
3. The minimum size of a standard accessible parking space shall be as
specified in Section 25.7(C) (Accessible Parking).
4. In all residential zones, parking spaces in required garages shall have the
dimensions specified in Table 9.5, item 17.
B. Compact Parking
If an off - street parking facility contains more than 30 parking spaces,
compact parking spaces may be provided as follows:
1. The minimum size of a standard compact parking space shall be eight
and one -half feet wide by 15 feet long (8 ' /2' x 15'), with a maximum
landscape overhang of one (1) foot.
2. Compact or subcompact spaces shall not make up more than 30 percent
of the total number of parking spaces in the facility.
3. Compact spaces shall be clearly designated for use by compact cars
only.
4. All compact spaces shall be delineated on the project site plan and shall
be subject to review and approval by the Community Development
Director.
C. Parking Lot Dimensions
Parking aisles, driveways, and other parking lot facilities shall have the
minimum dimensions indicated in Figure 25.13.
D. Non - Required Off - Street Parking Facilities
Where off- street parking facilities are provided but not required by this
Section, such facilities shall still comply with the dimension standards
contained in this Section 25.
25.15 Required Improvements
All off - street parking areas shall have the following improvements:
A. Two (2) inches of paving over a four -inch aggregate base, as specified by the
Building Official.
B. Internal spacing, circulation, and dimensions as indicated on the parking area
figures.
City of Cypress
25 -6 Zoning Ordinance
318
Section 25: Off - Street Parking and Loading
C. Bumpers, wheel stops, stall markings, and other vehicular control as
specified by the Building Official. Planting aisles may be used in lieu of
bumpers or wheel stops.
D. Lighting as specified by the Building Official and Police Department, with
special attention to directing light and glare away from adjacent properties.
E. Grading as specified by the Building Official and drainage as specified by the
City Engineer.
F. Parking space delineation consisting of double -line striping 12 inches in
width.
G. Curbs shall be installed a minimum of five (5) feet from any wall, fence,
building, or other structure. The minimum standard curb radius shall be six
(6) feet at all aisle corners.
H. For angle parking, the minimum distance of the first parking space for angle
parking shall be 10 feet from the property line.
25.17 Landscaping Requirements
Landscaping of off - street parking areas shall be provided as set forth in Section
27.11 (Landscaping Standards - Parking Area Landscaping Requirements) of
this ordinance.
25.19 Parking in Front Yards of Residential Lots
A. All vehicles parked in the front yard of a residential lot shall be parked only on a
driveway leading directly to a garage or carport, and shall be parked on a fully
paved surface. Said driveway shall be no wider than the garage or carport to
which the driveway provides direct access.
B. Parking on unpaved surfaces, concrete tiles or blocks, or grasscrete blocks,
concrete tiles, or similar surfaces is prohibited.
25.21 Loading Requirements
The location, number, and size of loading spaces required will be specified by
City staff through the review of project applications.
25.23 Reserved
City of Cypress 25-7 Zoning Ordinance
Section 25: Off - Street Parking and Loading
Minimum distance between
curb and any wall, fence,
building, or other
structure = 5'
Angle of parking
space
Total aisle width:
30° = 48'
60° 60
° = 60'
90° = 64'
Minimum stall
length: 16'
45° = 19'
90° °_
= 20
Property Line
Minimum curb radius
at aisle corners = 6'
0 q
1-
0
0
ILIIPP"..4111■0
.0-
III
Minimum island
width = 6'
Maximum island
length = 180'
16' minimum for
one -way traffic;
24' minimum for
two -way traffic
Two -way traffic
allowed in
conjunction with
90 parking
stalls only
+
CD-
o.
Walk openings
4' in width required
every 5 spaces
Minimum distance
between first angled
parkin stall and"
line = 10'
•I / / / / / / /// •// / / / ////
Width between
stall aisles:
30° = 16'
45° = 19'
60° = 20
90° = 20'
Minimum driveway
width = 24'
Figure 25.13
Parking Lot Dimensions
City of Cypress
25-8 Zoning Ordinance
320
Section 27: Landscaping Standards
SECTION 27. LANDSCAPING STANDARDS
Section Contents:
27.1 Intent and Purpose
27.3 Total Landscaped Area Defined
27.5 Variance from the Minimum Landscape Standards
27.7 Applicability
27.9 General Requirements
27.11 Landscaping Requirements Applicable to All Zones
27.13 Residential Zones - Additional Requirements
27.15 Commercial Zones - Additional Requirements
27.17 Industrial Zones - Additional Requirements
27.19 Street Trees
27.21 Existing Trees
27.23 Ground Cover
27.25 Walls, Screening, and Buffers
27.27 Mounding and Grading
27.29 Irrigation Requirements
27.31 Landscape Maintenance
27.33 Nonconforming Landscaping
27.35 Reserved
27.1 Intent and Purpose
A. These landscaping standards are established to set forth the method by
which landscaped areas shall be required and distributed throughout a
development project. The City intends, however, to offer developers
discretion and latitude in the design of required landscape and irrigation.
Landscaping shall be utilized to enhance and articulate parking areas, the
site, and structures; to identify entries; to provide shade; to relieve the
monotony of long expanses of building and walls; and to buffer areas and
land uses potentially incompatible with one another.
B. Water conservation measures shall be addressed through the landscape and
irrigation design. Sustainable landscapes are encouraged through actions
which conserve and recycle the resources invested in landscapes.
Applicants are encouraged to take full advantage of the wide range of
drought - tolerant landscape material and low- water -flow irrigation systems
available within the framework established by this Section 27 and related
sections.
27.3 Total Landscaped Area Defined
For the purposes of this Section 27, the term "total landscaped area" shall
include all of the following: all required landscaped areas within and adjacent to
parking areas, all building setback areas, all areas on a lot between buildings
and parking lots or other paved surfaces, and all raised planter areas, but
excluding public rights -of -way and public parkway areas.
27.5 Variance from the Minimum Landscape Standards
A. The standards contained in this Section 27 may be modified by the
Community Development Director when the Director determines that an
alternative design will meet the intent of this Section. Such review and
reduction may be accomplished through the review of other discretionary
permit applications related to the proposed development project.
B. Landscaping which is part of a registered historical site, cemetery, or golf
course may be exempted from the provisions of this Section 27 when
deemed necessary and appropriate by the Design Review Committee.
City of Cypress
27 -1 Zoning Ordinance
Section 27: Landscaping Standards
27.7 Applicability
A. With the exception of development projects in the RS -15000 and RS -6000
zones and any multiple - family residential development project with two (2) or
fewer units, landscape and irrigation plans shall be required for all City -
initiated projects and for all projects requiring approval by the Design Review
Committee, the Planning Agency, or the City Council.
B. Landscape design and irrigation plans shall be reviewed by the Community
Development Director or designee. Irrigation plans shall also be reviewed
and approved by the City Engineer. All such plans shall contain any
necessary construction and installation details deemed necessary by the City
Engineer.
C. When the provisions of this Section conflict with other sections of the
Cypress City Code, the more stringent provisions shall apply.
27.9 General Requirements
A. Each landscape plan shall be compatible with the shape and topography of
the site and the architectural characteristics of the structures(s) on the site.
Each landscape plan shall be compatible with the character of adjacent
landscaping, provided the quality of the adjacent landscaping meets the
minimum standards of this Section. However, it is not the intent of this
Section to require landscape designs to use identical plant materials. Where
existing mature landscaping is in good, healthful condition, an effort shall be
made to retain and to incorporate said landscaping into the overall landscape
theme.
B. Each landscape plan shall address the functional aspects of landscaping
such as grading, drainage, minimal runoff, erosion prevention, wind barriers,
provisions for shade, and reduction of glare. Each landscape plan shall
demonstrate a concern for solar access, including exposure and shading of
window areas.
C. Each landscape plan shall illustrate a concern for design elements such as
balance, scale, texture, form, and unity.
D. Any modification to an approved landscape or irrigation plan must be
approved by the Design Review Committee prior to installation of the
landscaping or irrigation.
E. No final inspection or occupancy clearance will be granted until all of the
landscaping and irrigation systems are installed in accordance with approved
plans.
F. Landscaping and irrigation systems shall be located, designed, and
maintained as specified on the approved plans.
27.11 Landscaping Requirements Applicable to All Zones
A. General
All unpaved areas on a development site shall be planted with an effective
combination of trees, shrubs, ground cover, turf, and /or approved decorative
landscape materials.
B. Parking Area Requirements
1. Areas required to be landscaped within off - street surface parking areas
shall include required buffer zones between parking areas and rights -of-
way, between parking areas and buildings, between drive aisles, and
within any medians between parking aisles.
City of Cypress
27 -2 Zoning Ordinance
321
Section 27: Landscaping Standards
2. In addition to landscaping required in building setback areas, each off -
street surface parking area shall provide landscape coverage equivalent
to 20 square feet of landscaping for each parking space.
3. Wherever off - street surface parking abuts a public right -of -way, a
minimum five - foot -wide landscaped buffer zone shall be provided.
4. Wherever off - street parking abuts a building or structure, a minimum five -
foot -wide landscaped buffer zone shall be provided. The buffer zone may
contain paved walkways and required handicapped access ramps and
pathways.
5. Each landscaped median or buffer strip shall contain at least one (1) tree
for every eight (8) parking spaces, with a minimum of one (1) tree
required for a single - loaded bay and a minimum of two (2) trees for a
double - loaded bay.
6. Any unused space resulting from the design of parking areas shall be
landscaped.
C. Plant Materials
1. To the greatest extent possible, landscape material shall consist of
drought - tolerant plants.
2. Plant material selected shall be suitable for the given soil and climate
conditions. Plant selection shall take into consideration water
conservation through appropriate use and groupings of plants that are
well adapted to particular sites and to particular watering needs, climatic,
geological, and topographical conditions.
3. All plants must be free of insects, disease, mechanical injuries, and other
objectionable features at the time of planting.
D. Required Plants and Size
1. Trees
a. A minimum of one (1) tree shall be provided for every 450 square feet
of the total landscaped area, as defined in Section 27.3. The trees
required in Section 27.11(B)(5) for parking areas may count toward
the total number of trees required on a development site.
b. The required number of trees shall be distributed throughout the site,
meaning both within planted areas in parking Tots, within parking
setback areas, within building setback areas, and within any other
landscaped area provided on a lot.
c. A minimum of 20 percent of the required number of trees shall be 24-
inch box size or larger.
d. All trees shall be staked or guyed in accordance with City standards.
2. Shrubs
Planting areas shall be planted with one (1) shrub or vine for every 25
square feet of total landscape area. Fifty (50) percent of the shrubs
and /or vines shall be of five- gallon size or larger. The required shrubs
and /or vines shall be distributed throughout the site.
3. Turf
Turf incorporated into the landscape design shall not constitute more than
50 percent of the total landscaped area. The Community Development
Department may approve greater turf coverage, provided the turf serves
a usable and beneficial purpose (e.g. recreation areas or temporary
outdoor display area), or provided the percentage of turf area is set forth
City of Cypress
27 -3 Zoning Ordinance
Section 27: Landscaping Standards
in an approved specific plan. All turf shall be of a drought - tolerant variety.
Turf shall not be used in parking area planting medians or islands.
4. Ground Cover
All areas not covered by trees, shrubs, vines, or turf shall be planted with
ground cover, no more than 50 percent of which can be non - living
materials acceptable to the Community Development Department. The
use of artificial plants is prohibited.
E. Development and Design Standards for Planting Areas
1. All planting areas directly abutting the parking area shall be enclosed by a
raised, continuous curb of Portland cement concrete, or other material
acceptable to the Building Official. Such curb shall be at least six (6)
inches high and six (6) inches wide. The finished grade within the planter
shall be at least two (2) inches below the top of the curb.
2. In areas where vehicles are designed to overhang planting medians,
trees shall be aligned with the parking stripe or otherwise located to avoid
tree damage by parked vehicles.
3. All planting areas shall be provided with a permanent and adequate
means of irrigation, designed and maintained in accordance with the
applicable requirements of Section 27.29.
4. Landscaping shall be used to relieve solid, unbroken building elevations
and to soften wall expanses.
F. Authority to Require Additional Landscaping
The Community Development Director shall have the authority to require
additional landscaping in excess of the minimum standards set forth in this
Section 27.11, provided the additional landscaping is deemed necessary to:
1. Screen adjacent uses from parking areas that could cause a negative
impact on the adjacent uses due to noise, odors, or aesthetics; or
2. Ensure compatibility and conformity with adjacent uses.
27.13 Residential Zones - Additional Requirements
A. In all residential zones, all required front and street side yards shall be
landscaped and shall consist predominately of plant material, except for
allowable walks, drives, and fences.
B. All residential projects proposing three (3) or more dwelling units shall submit
for Design Review landscape plans indicating trees, shrubs, and ground
cover (living and non - living). Planting plans shall indicate the location of
plant material (except those planted from flats or hydroseed); the size of
shrubs and trees at 75 percent maturity (where size at maturity is given as a
range, the smaller size shall be used); and botanical name and common
name.
C. Turf in multiple - family residential landscapes shall comprise no more than 50
percent of landscape areas. Additional areas, clearly identified as
recreational spaces by equipment, may be permitted above 50 percent. All
turf areas shall be separated from other planting beds with a flexible plastic
or redwood header. Concrete mow strips are permitted. Turf shall be low -
water -need varieties similar to tall fescue. The use of native grasses or lawn
substitutes is encouraged.
D. To conserve resources, plant material with similar water needs shall be
irrigated by the same valve.
City of Cypress
27 -4 Zoning Ordinance
324
Section 27: Landscaping Standards
27.15 Commercial Zones - Additional Requirements
A. In the OP- 10000, CN- 10000, and CG -10000 zones, landscaping shall be
required for side yards and front yards to a minimum depth of 10 feet. Such
landscaping shall consist predominantly of plant material, except for
necessary walks and drives. Drought - tolerant material is encouraged.
Landscaping shall be used to buffer parking and walls.
B. In the CH -10000 zone, required front and street yards shall be landscaped to
their full depth. However, portions of the required front yard may be used for
outdoor display areas, subject to approval by City staff through Design
Review.
C. All commercial project applications shall include landscape plans indicating
trees, shrubs, and ground cover (living and non - living). Planting plans shall
indicate the location of plant material (except those planted from flats or
hydroseed); size of plants or trees at 75 percent maturity (where size at
maturity is given as a range the smaller size shall be used); and botanical
name and common name.
D. Turf shall comprise no more than 50 percent of landscape areas. Additional
areas, clearly identified as recreational spaces by equipment or utilized for
product demonstrations, may be permitted above the 50 percent area. All
turf areas shall be separated from other planting beds with concrete mow
strips. Turf shall be low- water -need varieties similar to tall fescue. The use
of native grasses or lawn substitutes is encouraged.
E. To conserve resources, plant material with similar water needs shall be
irrigated by the same valve.
F. Landscape accent lighting, if used, should not be glaring and should not
impair the vision of motorists or pedestrians. Light should be used to
illuminate pathways and changes in elevation when they occur.
27.17 Industrial Zones - Additional Requirements
A. In all industrial zones, required front and street side yards shall be
landscaped and irrigated. This landscaping shall consist of predominantly
plant material, except for necessary walks and drives, and shall be
maintained in a neat and orderly condition.
B. All industrial project applications shall include landscape plans indicating
trees, shrubs, and ground cover (living and non - living). Planting plans shall
indicate the location of plant material (except those planted from flats or
hydroseed); size of plants or trees at 75 percent maturity (where size at
maturity is given as a range, the smaller size shall be used); and botanical
name and common name.
C. Turf shall comprise no more than 50 percent of landscape areas. Additional
areas, clearly identified as recreational spaces by equipment, or utilized for
product demonstrations may be permitted above the 50 percent area. All turf
areas shall be separated from other planting beds with concrete mow strips.
Turf shall be low- water -need varieties similar to tall fescue. The use of native
grasses or lawn substitutes is encouraged.
D. To conserve resources, plant material with similar water needs shall be
irrigated by the same valve.
E. Landscaping shall not impair maneuvering at loading facilities.
F. Landscape accent lighting, if used, should not be glaring and should not
impair the vision of motorists or pedestrians. Light should be used to
illuminate pathways and changes in elevation when they occur.
City of Cypress
27 -5 Zoning Ordinance
Section 27: Landscaping Standards
27.19 Street Trees
A. Street trees, with irrigation, shall be required on all City streets. Each tree
shall be of a minimum 24 -inch box size or as otherwise approved. Trees
shall be staked or guyed per City standards.
B. Street trees shall have comparatively straight trunks, well - developed leaders,
and tops and root characteristics of the species or variety. All plants must be
free of insects, disease, mechanical injuries, and other objectionable features
at the time of planting.
C. The number of required street trees shall be determined by dividing the
frontage of the property, including driveways, by 40. In determining the
number of trees required, fractional numbers shall be rounded up to the next
whole number.
The number of street trees shall be provided in addition to the trees required
by Section 27.11(D)(1).
D. Street trees shall be planted evenly spaced.
E. A minimum distance of 50 feet shall be provided between street trees and
street corner curb lines.
F. A vertical clearance of 10 to 15 feet shall be provided between street trees
and fire hydrants, meter boxes, and utility vaults. Where possible, a 30 -foot
vertical clearance between street trees and street lights shall be provided.
G. Street trees shall be maintained to comply with subsection B above one (1)
year following the planting of said trees.
H. Trees with known surface root problems shall not be used in vehicular use
areas, paved pedestrian walkways, and structures with poured concrete
slabs.
I. All street trees shall be maintained such that, at mature size, scaffold
branches are a minimum of 60 inches above the finished grade, as
measured at the trunk.
J. For development projects within an approved specific plan area, the type of
street trees provided shall be compatible with the landscaping requirements
of that specific plan.
K. Trees located within 10 feet of a public right -of -way shall have approved root
barriers.
27.21 Existing Trees
A. Existing trees are to be preserved if possible. Existing trees with a caliper of
two (2) inches or greater, measured 12 inches from existing grade, shall be
identified on planting plans and removed only with permission from the City.
Designated "landmark trees" shall be protected as provided for in Sections
17 -17 through 17 -27 of the Code of the City of Cypress.
B. Existing trees to be preserved shall be protected during construction
operations by the use of fencing or barricades that shall encompass
everything inside the outer edge of the dripline of the tree. The barricade
should be easily seen by operators of trucks and heavy equipment.
C. No trenching of tree roots shall be performed within 20 feet of the trunk
without the approval of the City.
D. Any existing mature tree, as defined by subsection A above, that is to be
removed shall be replaced with a tree of 36 -inch box size or larger as
directed by the Community Development Director.
City of Cypress
27 -6 Zoning Ordinance
326
Section 27: Landscaping Standards
27.23 Ground Cover
A. Herbaceous ground cover shall be planted at a distance so that it will
typically ensure 100 percent coverage within a one -year period of installation.
B. Areas between woody ground cover shall have a two -inch thick cover of
mulch or herbaceous ground cover.
C. Areas of non - living ground cover, without shrubs, shall not be more than 50
percent of the total landscaped area.
27.25 Walls, Screening, and Buffers
A. Landscaping may be required to screen storage areas, trash enclosures,
parking areas, public utilities, highways, and other similar land uses or
elements that do not contribute to the enhancement of the surrounding area.
Where plants are required for screening, such screening shall consist of the
use of evergreen shrubs (minimum five (5) gallons), and /or trees closely
spaced to encourage growth in a continuous screen.
B. The City may require freestanding walls to be screened with plants that
provide coverage to the height of the wall.
C. Landscaping may be required in excess of the minimum areas specified if
deemed necessary to:
1. Screen adjacent users from parking areas, activities, storage, or
structures that could cause a negative impact on adjacent uses based on
aesthetics, noise, odors, etc.:
2. Provide landscaping that is compatible with neighboring uses.
27.27 Mounding and Grading
Mounding and berming are encouraged. Mounds and berms, used in
combination with shrubs and trees, should be used to buffer parking areas and
to help break up long expanses of wall and buildings.
27.29 Irrigation Requirements
A. All required landscaped areas shall be provided with an approved irrigation
system. Landscaped areas shall be provided with an automatically timed -
controlled sprinkler system when the site is zoned commercial or industrial,
or when the site is zoned multiple - family residential and more than three (3)
dwelling units are proposed.
B. Irrigation systems shall consist of underground piped water lines with low -
water- flow sprinklers and /or a drip or trickle irrigation system. The system
chosen shall be designed to provide adequate coverage to all plant material,
existing and proposed. Water meter and line sizes shall be calculated from
total water demand which should be, at least, the sum of the maximum
irrigation demand and all building demand.
C. Due to varying irrigation requirements, separate control valves and
sprinkler /emitter heads shall be used when shrubs and turf are proposed on
the same landscape plan.
D. The irrigation system shall be equipped with check valves to prevent tow-
head drainage.
E. The irrigation system shall be designed so that overspray and runoff onto
streets, sidewalks, structures, windows, walls, and fences are minimized.
City of Cypress
27 -7 Zoning Ordinance
Section 27: Landscaping Standards
F. Landscaped areas shall be provided with at least one (1) automatically -
controlled timer. Such timer shall have, at a minimum, a battery- backup
feature, a rain shut -off feature, a 14 -day calendar, and multiple programming
for each station.
G. Landscaped areas should be watered between 10:00 p.m. and 6:00 a.m. to
provide maximum benefit to the plant material and to reduce unnecessary
water loss through drift and evaporation.
H. Irrigation systems for projects one (1) acre or more in area shall use
reclaimed water whenever such water is available to the site. Such systems
shall be subject to appropriate health standards. This includes proper
identification of all non - potable lines and risers. Backflow prevention devices
are required on non - potable irrigation systems if automatic feed devices are
used.
I. Recirculating water shall be used for any decorative water features.
27.31 Landscape Maintenance
A. All landscaping shall be maintained in a healthy condition. This shall include
proper pruning, mowing of lawns, weeding, removal of litter, fertilizing,
replacement of plants when necessary, and application of appropriate
quantities of water to all landscaped areas. In addition, landscape
maintenance practices that foster long -term landscape water conservation
shall be employed. Said practices may include, but not be limited to,
performing routine irrigation system repairs and adjustments, scheduling
irrigation based on CIMIS (California Irrigation Management Information
Systems), use of moisture sensing or rain shut -off devices, conducting water
audits, and prescribing the amount of water applied per landscape acre.
B. All required landscaping and irrigation shall be in place prior to use or
occupancy of new buildings or structures. All planting shall be maintained in
good growing condition and whenever necessary, shall be replaced with
similar plant materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirement. All landscaping and
irrigation systems shall be properly maintained.
27.33 Nonconforming Landscaping
A. Definition
For the purposes of this subsection, nonconforming landscaping is defined as
any combination of plant materials, hardscape features, and irrigation
systems which does not conform to the site coverage, parking area
coverage, percentage distribution, installation, or maintenance requirements
of this Section 27.
B. Requirement for Improving Landscaping to Meet Minimum Standards
1. Any landscaping that is made nonconforming by the provisions of this
ordinance or any previous ordinance regulating landscape coverage,
distribution, installation, or maintenance shall not be required to be
improved to meet the minimum standards of this Section 27 unless
improvements to the site are made as outlined in subparagraph 2 below.
2. Whenever improvements to an existing building or development site are
proposed and the value of such improvements is equal to or greater than
50 percent of the total assessed value of existing property improvements,
as determined by the Building Official, then all nonconforming
landscaping shall be required to be improved to meet the minimum
standards of this Section 27.
27.35 Reserved
City of Cypress
27 -8 Zoning Ordinance
328
Section 29: Signs
SECTION 29. SIGNS
Section Contents:
Division 1. On -site Signs
29.1 Intent and Purpose
29.3 Definitions
29.5 Design Review for Signs - When Required
29.7 Exempt Signs
29.9 Prohibited Signs
29.11 Signs Over Public Rights -of -Way
29.13 Sign Construction and Maintenance
29.15 Calculation of Sign Area and Height
29.17 Residential Zones Sign Regulations
29.19 Commercial Zones Sign Regulations
29.21 Industrial Zones Sign Regulations
29.23 Special Purpose and Overlay Zones Sign Regulations
29.25 Special Purpose Signs
29.27 Temporary Signs
29.29 Non - Profit Organization Special Event Signs
29.31 Political Campaign Signs
29.33 Nonconforming Signs
29.35 Abatement of Illegal Signs within Public Rights -of -Way
29.37 Neon Signs
29.39 Reserved
Division 2. Billboards
29.41 Conditional Use Permit Required
29.43 Restrictions on Location
29.45 Development Standards
29.47 Blank Billboards
29.49 Nonconforming Billboards
29.51 Reserved
Division 1: On -site Signs
29.1 Intent and Purpose
The City of Cypress recognizes that signs serve many important functions in the
community, including identifying and advertising businesses; providing direction
to motorists and pedestrians; identifying special events and sales; and promoting
political campaigns. The location, height, size, and illumination of these signs,
however, must be regulated in order to maintain the attractiveness and
orderliness of the City's appearance; to protect business sites from Toss of
prominence resulting from excessive signs on nearby sites, and to protect the
public safety and general welfare.
29.3 Definitions
The following words, terms, and phrases used in this Section shall have the
following meanings, except where the context clearly indicates otherwise:
Animated Sign - Any sign that uses movement, other than rotations or
revolutions, or change of lighting, to depict action or create a special effect or
scene.
Area of a Sign - The area of a sign face (which is also the sign area of a wall
sign or other sign with only one face) shall be computed as provided for in
Section 29.15 (Calculation of Sign Area and Height).
City of Cypress
29 -1 Zoning Ordinance
Section 29: Signs
Banner - Any sign of lightweight fabric or similar material. National, state, or
municipal flags, or the official flag of any institution, shall not be considered
banners.
Billboard /Outdoor Advertising Sign - Any sign located on private property,
designed for use with changing advertising copy, and which normally is used for
the advertisement of goods produced or services rendered at locations other
than the premises on which the sign is located.
Building or Tenant Identification Sign - An incidental sign containing no
commercial message that is provided for the sole purpose of identifying the
tenants of a building or the name of a building.
Canopy or Awning Sign - Any sign that is part of or attached to an awning,
canopy, or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service areas. A marquee is not a canopy.
Changeable Copy Sign - A sign or portion thereof with characters, letters, or
illustrations that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than eight
times per day shall be considered an animated sign and not a changeable copy
sign. A sign on which the only copy that changes is an electronic or mechanical
indication of time or temperature shall be considered a "time and temperature"
portion of a sign, and not a changeable copy sign.
Commercial Message - Any sign wording, logos, or other representation that
directly or indirectly names, advertises, or calls attention to a business, product,
service, or other commercial activity. In any instance where a decorative wall
mural contains wording, logos, or other representation of a business, product,
service, or other commercial activity provided within the same building on which
the mural is painted, such wording, logos, or other representation shall be
considered a commercial message.
Eave Sign - See "Projecting Sign."
Flashing Sign - Any sign that is intermittently on and off or that revolves in a
manner to create the illusion of being on and off, except time and temperature
signs.
Freestanding Sign - Any sign supported by structures or supports that are
placed on or anchored into the ground and that are independent from any
building or other structure. Also called a "pole sign."
tESTANp, N�
SIGN
Minimum 10'
Measurement
of Maximum
Height
Figure 29.3 (A)
Freestanding Sign
City of Cypress
29 -2
Zoning Ordinance
329
330
Section 29: Signs
Incidental Sign - A sign, generally informational, that has a purpose secondary
to the use of the same lot on which it is located, such as "no parking," "entrance,"
"loading only," and other similar directives. Any sign with a commercial message
legible from a position off the lot on which the sign is located shall not be
considered incidental.
Integral with a Building - A sign that is either a part of or attached flat against a
building and receiving its immediate and sole support from a structural element
of the building. Such a sign shall not exceed the height of the building. A sign
may be considered integral with a building if it is part of or attached flat to a
canopy, arcade, marquee, or other similar building projection, provided such sign
does not exceed the height of such canopy, arcade, marquee, or similar
projection.
Marquee (Changeable Copy) Sign - A sign that is characterized by changeable
copy, whether the sign is freestanding or a wall sign, or whether the sign projects
from and is supported by a building.
Monument Sign - A sign placed directly on the ground, with no freestanding
supports. A monument sign is freestanding, attached to the ground, and is
independent of the support of any building.
Mural Painting - A large -scale painting either painted directly on or attached to
the wall of a building such that it is an integral part of the wall.
Nonconforming Sign - A sign, or display of any character, that does not
conform with the sign standards for subject matter, location, size, lighting, or
movement prescribed for the zone in which it is located.
Pennant - Any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string,
usually in a series, designed to move in the wind and attract the attention of
passers -by.
Pole Sign - See "Freestanding Sign."
Political Sign - A sign indicating the name and /or picture of an individual
seeking election or appointment to a public office, or relating to a proposition or
change of law in a public election or referendum, or pertaining to the advocating
of political views or policies by persons, groups, or parties.
Portable Sign - Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
City of Cypress
29 -3 Zoning Ordinance
Section 29: Signs
limited to, signs designed to be transported by means of wheels, signs converted
to A- or T- frames, menu and sandwich board signs, inflatable signs, umbrellas
used for advertising, and signs attached to or painted on vehicle(s) parked and
visible from the public right -of -way, unless said vehicle(s) is /are used in the
normal day -to -day operations of the business.
Projecting Sign - Any sign, other than a wall sign, that is attached to and
projects from the wall or face of a structure, or is attached to and hangs from a
building eave.
Real Estate Sign - A temporary sign advertising real property for sale, rent, or
lease, but excluding pennants, flags, and banners.
Roof Sign - Any sign erected and constructed wholly on and over the roof of a
building, supported by the roof structure, and extending vertically above the
highest portion of the roof.
Rotating or Revolving Sign - Any sign, all or a portion of which moves in some
manner, excepting time and temperature signs.
Sign - Any writing (including letter, word, or numeral), pictorial presentation
(including illustration or decoration), emblem (including device, symbol or
trademark), flag (including banner or pennant) or any other device, figure, or
similar character which is:
(1) A structure or any part thereof or is attached to, painted on, or in any other
manner represented on a building, or other structure or device, or is in any
way attached thereto:
(2) Used to announce, direct attention to, or advertise; and
(3) Visible from outside the building or structure.
Subdivision Sign - A temporary real estate sign advertising the initial sale,
lease, or other disposition of more than one unit or lot of real property in any
single contiguous grouping of units or lots of real property, including apartment or
group housing complexes of 30 units or more.
Temporary Sign - Any signage constructed of paper, cloth, canvas, or other
similar lightweight material, with or without frames, used solely for the purpose of
advertising or conveying a message related to an event with a beginning and
ending date, including elections, political campaigns, dances, civic or charitable
events, theatrical and circus performances, or special sales by retail stores. This
definition shall only apply to any sign that is used temporarily and is not
permanently mounted.
Wall Sign - A sign fastened to or painted on the wall of a building or structure in
such a manner that the wall becomes the supporting structure for or forms the
background surface of the sign. Such a sign may not project more than 14
inches beyond the vertical wall surface or it shall be considered a projecting sign.
Window Sign - Any sign, picture, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or
service, that is placed inside a window or upon the window panes or glass and is
visible from the exterior of the window.
29.5 Design Review for Signs - When Required
The following types or conditions of signs shall be subject to
pursuant to the provisions of Section 35, Division 11 (Design
ordinance:
A. Signs animated by illumination in the PS -1A, CG- 10000,
zones.
Design Review
Review) of this
B. Signs attached to a building which project above the eave line.
and CH -10000
City of Cypress 29 -4 Zoning Ordinance
332
Section 29: Signs
C. Roof signs where no building setback is provided.
D. Signs painted on buildings in the CH -10000 zone.
E. Flags, emblems, insignias, and posters of any nation, state, international
organization, political subdivision, or other governmental agency; unlighted
nonverbal religious symbols attached to a place of religious worship; and
temporary displays of a patriotic, religious, charitable, or civic character that
exceed 35 feet in height.
F. All single- faced, lighted wall signs for commercial uses in freestanding
buildings located in the CG -10000 zone, except automobile service stations.
G. Any sign in the CH -10000 zone permitted in addition to those provided for in
this Section.
H. Monument signs in the MP -20000 zone.
I. All freestanding signs, except special purpose signs as designated in Section
29.25 (Special Purpose Signs); permitted signs in residential zones; and
signs approved in conjunction with a Conditional Use Permit or Variance.
J. Freestanding, double -faced monument signs within the PCM zone.
29.7 Exempt Signs
The following signs shall be exempt from the provisions of this Section 29:
A. Official notices authorized by a court, public body, or public officer.
B. Directional, warning, or informational signs authorized by federal, state, or
municipal authority.
C. Memorial plaques and building cornerstones when cut or carved into a
masonry surface, or when made of incombustible material and made an
integral part of the building or structure.
D. Commemorative symbols, plaques, or historical tablets.
E. Flags, emblems, insignias, and posters of any nation, state, international
organization, political subdivision, or other governmental agency; unlighted
nonverbal religious symbols attached to a place of religious worship; and,
temporary displays of a patriotic, religious, charitable, or civic character that
are 35 feet in height or less (see Section 29.5 [Design Review for Signs -
When Required]).
29.9 Prohibited Signs
The following signs are specifically prohibited within the City of Cypress:
A. Signs painted on, or attached to, vehicles that are parked on the public
premises for a period in excess of 24 hours.
B. Roof signs, unless no building setback is provided.
C. The exhibition, posting, or displaying of any statement, symbol, or picture of
an obscene nature upon any sign or wall.
D. Signs painted on buildings in all zones except the CH -10000 zone.
E. Any sign rotating or simulating movement by fluttering, spinning, or the use of
reflective devices.
City of Cypress
29 -5 Zoning Ordinance
Section 29: Signs
F. Any sign blinking, flashing, or animated by lighting in any fashion.
G. Canopy signs that project above the canopy.
H. Signs encroaching upon or overhanging adjacent property.
I. Any sign erected, constructed, enlarged, modified, or relocated within the
City without a building permit.
J. Any electrical sign or sign illuminated by electricity that is erected,
constructed, enlarged, modified, or relocated within without both a Building
Permit and an Electrical Permit.
K. Any sign which simulates or imitates in size, color, lettering, or design and
traffic sign or signal, or which makes use of the words "stop," "look,"
"danger," or any other words, phrases, symbols, or characters in such a
manner as to interfere with, mislead, or confuse traffic.
29.11 Signs Over Public Rights -of -Way
A. No sign shall encroach upon or overhang adjacent to any public right -of -way.
B. No sign shall be attached or otherwise affixed to any street, meridian, island,
sidewalk, traffic signal, utility pole, wire, traffic control device, building, wall,
bridge, railroad trestle, hydrant, street tree, shrub, tree stake or tree guard,
street sign, or any other public facility located within the public right -of -way.
C. Bus shelters which contain advertisements are permitted in the public right -
of -way, subject to the regulations specified in Section 29.25 (Special Purpose
Signs).
29.13 Sign Construction and Maintenance
A. All signs shall be structurally safe, consist of rust - inhibitive material, and shall
be maintained in good condition, as determined by the Community
Development Director.
B. The landowner shall be required to remove any sign or signs on the premises
where the use advertised by such sign has been discontinued for a period of
over 90 days.
C. All signs, including supports, braces, guys, and anchors, shall be kept in
repair and in a safe state of preservation.
D. The display surfaces of all signs shall be kept neatly painted or posted at all
times.
E. All landscape areas surrounding signs shall be kept weed -free and in a
healthy condition.
F. The Community Development Director may order the removal of any sign
that is not maintained in accordance with the provisions of the Uniform
Building Code.
29.15 Calculation of Sign Area and Height
The following standards shall be used to determine sign area and sign height.
Figure 29.15 indicates how calculation shall be made.
A. Area of Single -faced Sign
For signs having a distinct border or boundary, the sign area shall be
calculated by multiplying the length times the width of the entire surface
contained within the border, boundary, sign board, or sign face.
City of Cypress
29 -6 Zoning Ordinance
334
Section 29: Signs
For signs with no distinct border or boundary, the sign area shall be
calculated by computing the area of a simple rectilinear figure consisting of
not more than eight (8) perpendicular lines which contains all of the writing,
representation, emblem, or other display of the sign.
A
CD
W
J
CABINET SIGN
WIDTH
WIDTH
8
1 1 CHANNEL 17
2 3 I LETTERS (S 6
4
A
GD
Otikv E D S vc
ti
8
WIDTH
< >
WIDTH
ODD
SHAPE
4
5
Figure 29.15
Calculation of Sign Area
B. Area of a Double -faced Sign
For signs with two (2) identical faces, arranged back to back in parallel
planes, and where the sign faces are separated by no more than 36 inches,
the sign area shall be calculated for one (1) side only.
C. Area of a Multi -faced Sign
For a sign with more than one (1) face, where such sign does not meet the
standards for a double -faced sign described in subsection (B) above, the
area shall be calculated by adding together the area of all sign faces visible
from any one (1) point.
D. Measurement of Sign Height
The height of a sign shall be determined by measuring the distance from the
base of the sign at normal grade to the top of the highest attached
component of the sign. Normal grade shall be construed to be the lower of
either: (1) the existing grade prior to sign construction; or (2) the newly
City of Cypress
29 -7 Zoning Ordinance
Section 29: Signs
established grade after construction, exclusive of any filling, berming,
mounding, or excavating solely for the purpose of locating the sign.
29.17 Residential Zones Sign Regulations
Table 29.17 sets forth the regulations applicable to signs in residential zones.
29.19 Commercial Zones Sign Regulations
Table 29.17 sets forth the regulations applicable to signs in commercial zones.
29.21 Industrial Zones Sign Regulations
Table 29.17 sets forth the regulations applicable to signs in industrial zones.
29.23 Special Purpose and Overlay Zones Sign Regulations
Table 29.17 sets forth regulations applicable to signs in all special purpose and
overlay zones.
TABLE 29.17
Permitted Signs by Zone District
Use
Type of Sign and
Number Permitted
Size Restrictions
Other Regulations
A. Residential Zones
1. Single- family
residential
1 unlighted name plate
per unit
Maximum area of 1
square foot
Name plates may not be
combined for 2 or more
units
2. Multi- family dwelling,
apartment
development, etc.
1 unlighted identification
sign per development
Maximum area of 15
square feet
Freestanding signs:
maximum height of 6 feet
3. Agricultural use
1 unlighted sign
pertaining to the
products raised on the
premises
Maximum area of 6
square feet
Maximum height of 6 feet
4. Public or semi - public
uses in residential
zones
1 lighted or unlighted
sign to identify use
Maximum area of 15
square feet
Maximum height of 6
feet
B. Commercial Zones
1. OP -10000 zone:
Office uses
1 name plate indicating
the name and business
or profession of
occupant.
Maximum area of 2
square feet
Directories: Maximum
area of 75 square feet
Freestanding directories:
maximum area of 75
square feet, maximum
height of 12 feet
Name plates may be
combined for 2 or more
offices in same building
in the form of a directory.
Building containing 4 or
more offices:
1 single- faced, lighted,
wall or canopy sign
indicating the name of
the building
Maximum area of 30
square feet
City of Cypress
29 -8
Zoning Ordinance
336
Section 29: Signs
TABLE 29.17
Permitted Signs by Zone District
Use
Type of Sign and
Number Permitted
Size Restrictions
Other Regulations
2. CN -10000 zone:
Commercial uses
(except service
stations)
1 freestanding, lighted
sign indicating the name
of the shopping center
Maximum area of 75
square feet, and
maximum height of 20
feet
Maximum 2 signs per
use
1 single- faced, lighted,
wall or canopy sign on
each side of the building
front
Maximum area of 1
square foot for each
lineal foot of property
frontage, to a maximum
area of 75 square feet
per sign
3. CG -10000 zone:
Commercial uses
(except service
stations)
1 freestanding, lighted
identification sign
Maximum area of 75
square feet for each
street frontage, and a
maximum height of 25
feet.
For every lineal foot of
property frontage in
excess of 75 feet, an
additional 1 square foot
of sign area, up to a
maximum area of 125
square feet
Maximum 1 sign per lot
All signs subject to
Design Review
1 single- faced, lighted,
wall or canopy sign on
each side of the building
front
Maximum area of 1
square foot for each
lineal foot of property
frontage, to a maximum
area of 100 square feet
Maximum 2 signs per
use
All signs subject to
Design Review'
1 single -faced lighted
wall sign per building
elevation for each
freestanding building
Front sign: Maximum
area of 1 square foot for
each linear foot of front
building elevation
Side and rear signs:
maximum area of 1
square foot for every 2
linear feet of the side or
rear building elevation
Maximum of 3 signs
All signs subject to
Design Review
4. CH -10000 zone:
Commercial uses
(except service
stations)
1 freestanding, lighted
identification sign
Maximum area of 75
square feet for each
street frontage, and a
maximum height of 25
feet
For every lineal foot of
property frontage in
excess of 75 feet, an
additional 1 square foot
of sign area, up to a
maximum area of 125
square feet
Maximum 1 sign per lot
1 single- faced, lighted,
wall or canopy sign on
each side of the building
front
Maximum area of 1
square foot for each
lineal foot of property
frontage, to a maximum
area of 100 square feet
Maximum 2 signs per
use
All signs subject to
design Review
City of Cypress
29 -9
Zoning Ordinance
Section 29: Signs
TABLE 29.17
Permitted Signs by Zone District
Type; of Sign and
Number. Permitted
1 single- faced, lighted
wall sign per building
elevation for each
freestanding building
Size Restrictions
Front sign: Maximum
area of 1 square foot for
each linear foot of front
building elevation
Side and rear signs:
maximum area of 1
square foot for every 2
linear feet of the side or
rear building elevation
Other Regulations
Maximum of 3 signs
All signs subject to
Design Review
Additional signing for
uses in this zone may be
approved under Design
Review
5. Service stations in
all Commercial
zones
1 lighted, freestanding
sign
Maximum area of 50
square feet
Maximum height of 30
feet
2 wall or canopy signs
Maximum area of 30
square feet
1 price sign
Maximum area of 12
square feet
Informational /promotiona
I signs
Maximum total combined
area of 6 square feet
6. Public and semi-
public uses in all
Commercial zones
1 lighted sign
Maximum area of 30
square feet
Freestanding signs:
maximum height of 6 feet
C. Industrial Zones
1. MP -20000 zone:
Industrial uses
1 single- faced, lighted,
wall or canopy on the
side of the building
facing the major street
Maximum area of 1
square foot for each
lineal foot of building, up
to a maximum area of
100 square feet
1 monument sign
All signs subject to
Design Review
2. ML zone: Industrial
uses
1 single- faced, lighted,
wall or canopy sign on
the side of the building
facing the major street.
Maximum area of 1
square foot for each
lineal foot of building, up
to a maximum area of
100 square feet
1 lighted, freestanding
sign per lot
Maximum area of 75
square feet
Maximum height of 25
feet
Lot containing 2 or more
uses: 1 lighted,
freestanding combined
sign per lot
Maximum area of 100
square feet
Maximum height of 25
feet
3. Public and semi-
public uses in all
Industrial zones
1 lighted sign
Maximum area of 30
square feet
Freestanding signs:
maximum height of 6 feet
City of Cypress
29 -10
Zoning Ordinance
337
338
Section 29: Signs
TABLE 29.17
Permitted Signs by Zone District
U e
Type of Sign and
Number Permitted
Size Restrictions
Other Regulations
D. Special Purpose Zones
1. MHP -20A Zone
2 lighted signs indicating
the name of the mobile
home park
Maximum area of 20
square feet
Signs must be attached
to and not extending
above wall or fence at
the major street entrance
to park
2. PRD -5A Zone
2 unlighted signs
identifying the
development
Maximum area of 20
square feet
Signs must be attached
to and not extending
above a wall or fence at
the major street entrance
to the development
3. PC Zone
2 unlighted signs
identifying the
development
Maximum area of 20
square feet
4. PC -25A Zone
Signing allowed as
specified in the
standards of
development approved
by City staff and City
Council
5. PS -1A Zone
Signing allowed as
specified in section
29.25, except:
Agricultural use:
1 unlighted sign
pertaining to the
products raised on the
premises
Other signing allowed as
specified in the
Conditional Use Permit
for each use
Maximum area of 6
square feet
Maximum height of 6 feet
6. CC Zone
1 unlighted name plate
indicating the name of
the occupant
Other signing as
specified in the
Conditional Use Permit
for each use
Maximum area of 1
square foot
7. PCM Zone
1 single- faced, lighted,
wall or canopy sign on
each side of the building
frontage
Maximum area of 1
square foot per each
lineal foot of business
frontage, up to a
maximum area of 75
square feet
Maximum of 2 signs per
use
Additional signage may
be approved at the
discretion of the
Community Development
Director
1 freestanding, double-
faced monument sign
Maximum area of 75
square feet
Maximum height of 4 feet
All signing subject to the
specifications of the
standards of
City of Cypress
29 -11
Zoning Ordinance
Section 29: Signs
TABLE 29.17
Permitted Signs by Zone District
Use Type of Sign and Size Restrictions Other Regulations
Number Permitted
..... ...............................
development approved
by City staff and City
Council
All signs subject to
Design Review
29.25 Special Purpose Signs
The following special purpose signs shall be permitted in all zone districts in
addition to the signs permitted in Table 29.17:
A. Directional Signs
1. Parking Signs
Each parking area entrance or exit may display one (1) directional
parking sign not exceeding 10 square feet in area or six (6) feet in height.
Any sign erected in a sight distance clearance zone shall conform to the
requirements of Section 7.5.
B. Real Estate and Development Signs
1. For Sale or Rental Signs
a. Each use may display one (1) on -site unlighted sign on each street
frontage adjoining the site. Such signs shall not exceed six (6)
square feet in area.
b. Each use may also display one (1) "open house" sign. Such signs
shall not be located in landscaped parkways, street medians, or bike
trails.
c. Freestanding signs shall not exceed six (6) feet in height.
d. All sale and rental signs shall be removed within 30 days from the
date of sale or rental.
e. Office buildings, shopping centers, and industrial subdivisions may
display one (1) freestanding lease or rental sign and two (2) building -
mounted signs. The total of such signs shall not exceed 150 square
feet in area. Freestanding signs shall not exceed six (6) feet in
height. All such lease and rental signs shall be removed within one
(1) year from the date of the final construction inspection.
2. Construction Signs
a. On a site where a project is actively under construction, one unlighted
sign not exceeding 10 square feet in area may be displayed for each
contractor. Such signs may be combined.
b. Freestanding signs shall not exceed six (6) feet in height.
c. All construction signs shall be removed within five (5) days after the
issuance of a certificate of occupancy by the City.
3. Directional Subdivision Signs
a. Each subdivision may display no more than three (3) unlighted signs
identifying the name of the subdivision, the developer or agent, an
City of Cypress
29 -12 Zoning Ordinance
340
Section 29: Signs
identification emblem, and a directional message. Each sign shall not
exceed 50 square feet in area or 15 feet in height.
b. All directional subdivision signs shall be removed within two (2) years
from the date of recordation of the final map, or when 100 percent of
the lots have been sold, whichever comes first.
c. Apartment complexes of 30 units or more, considered for the
purposes of this Section as subdivisions, shall remove all directional
signs within one (1) year from the date of the final construction
inspection.
4. On -site Subdivision Signs
a. Each subdivision may display on -site no more than six (6) signs
totaling no more than 300 square feet in area. Such signs shall be
maintained in good condition, as determined by the Community
Development Director.
b. All on -site subdivision signs shall be removed when the subdivision
sales office is closed.
5. Subdivision Entrance Signs
a. Each subdivision may display no more than two (2) unlighted signs
indicating the name of the subdivision at the major street entrance to
the development. Such signs shall be attached to and not extending
above a wall or fence, and shall not exceed 20 square feet in area.
b. Subdivision entrance signs shall be constructed of materials and
affixed to the wall or fence in such a manner as to render them not
readily susceptible to vandalism.
C. Sale Signs
1. Each retail commercial use may display sale signs while a sale of goods
or services is being conducted. Such signs shall not exceed 50 percent
of the window area.
D. Bus Shelters Containing Signs
Bus shelters containing signs may be permitted subject to the following
conditions and restrictions:
1. Each shelter may display two advertising signs, each sign not to exceed
25 square feet in area.
2. Advertising signs shall not extend beyond the shelter structure.
29.27 Temporary Signs
Temporary signs, as defined in this Section 29, shall be subject to the following
regulations:
A. No temporary sign shall be permitted on or extend over any public property
or public easement.
B. No person shall post temporary signs in a manner so as to obscure traffic or
street signs or devices, or to present any hazard to the public.
C. All temporary signs shall be constantly maintained in a state of safety and
good repair.
D. No temporary sign shall be placed upon a telephone or other utility pole, or
upon a permanent freestanding or monument sign.
City of Cypress
29 -13 Zoning Ordinance
Section 29: Signs
E. If a temporary sign is attached to a building, the sign shall be in scale with
the building.
F. The code enforcement officer may cause any temporary sign which is
erected, placed, or maintained in violation of this Section and which is unsafe
and an immediate threat to persons or to the property of another to be
removed summarily and without notice. If the sign is summarily removed, the
code enforcement officer shall, as soon as possible and not later than 24
hours of removal, notify the owner or tenant of the property from which the
sign was removed and, if known, the owner of the sign.
G. The temporary sign shall not be the primary sign identifying the business.
H. The use of temporary signs, including banners, shall be limited to a total of
14 days within any three -month period, for no more than a total of 30 days
per calendar year.
29.29 Non - Profit Organization Special Event Signs
Off -site signs of a temporary nature advertising a special event sponsored by a
non - profit organization are permitted, subject to the following regulations:
A. Such signs shall not be erected sooner than 30 days prior to the event
advertised thereon and shall be removed within five (5) days after the event
has concluded.
B. The organization sponsoring the event advertised on the sign shall have the
permission of the property owner to erect the sign on his property.
C. The sign shall not be permitted on or allowed to extend over any public
property or public easement unless the City has specifically authorized such
placement.
D. All such signs shall be constantly maintained in a state of safety and good
repair.
29.31 Political Campaign Signs
Signs advertising a political candidate, group of candidates, political party, or
ballot measure in any district, municipal, county, state, or federal election shall
not be erected more than 45 days prior to the election to which the sign pertains,
and shall be removed on or before 10 days after the election to which the sign
pertains.
29.33 Nonconforming Signs
A. Purpose of This Section
The eventual elimination of existing on- premise signs that do not conform to
this Section is as important to the citywide aesthetic and public health, safety,
and welfare as the prohibition of new signs that would violate the provisions
of this Section. It is also recognized that nonconforming signs should be
eliminated in a manner that avoids an unreasonable invasion of established
property rights. With these goals in mind, the City regulates nonconforming
signs as set forth herein.
B. Continuation and Maintenance
1. A sign, lawfully occupying a site, that does not conform with the sign
regulations for the zone in which the sign is located shall be deemed to
be a nonconforming sign and may only be displayed and maintained,
except as otherwise provided in this Section 29.33.
City of Cypress
29 -14 Zoning Ordinance
342
Section 29: Signs
2. Routine maintenance and repairs may be performed on a sign when the
sign is nonconforming.
C. Restrictions on Existing Signs
Any nonconforming sign may be continued in operation and maintained after
the effective date of this ordinance. Nonconforming signs shall not be:
1. Replaced with another nonconforming sign;
2. Moved to another location on the property or to another property;
3. Structurally altered to as to extend the useful life of the sign;
4. Expanded or enlarged; or
5. Re- established after damage or destruction of more than 50 percent of
the sign value, as determined at the time of such damage or destruction,
unless required by law or unless such move, alteration, enlargement, or
re- establishment will result in the elimination of the nonconformity.
D. Permitted Change in Copy
The copy on a nonconforming sign may be changed prior to the scheduled
date of elimination by issuance of a permit. Such change may not create a
new nonconforming sign or increase the discrepancy between the existing
nonconformity and the regulations.
E. Amortization Schedule
All nonconforming signs shall be discontinued, removed from their sites,
altered to conform to the requirements of this Section 29, or altered as
prescribed to decrease the degree of nonconformity within the time
schedules specified in Table 29.33.
TABLE 29.33
Nonconforming Sign Elimination Schedule
29.35 Abatement of Illegal Signs within Public Rights -of -Way
A. If it is determined that a sign is illegally placed on public property, public right -
of -way, or public easements, the City shall notify the owner to remove the
sign within 48 hours or be billed for the costs of removal. If immediate action
is necessitated for public safety considerations, the City shall remove the
sign, and the sign owner shall be billed for the costs of removal.
B. The owner of a sign which has been removed by the City may request a
hearing to determine whether the sign was in fact illegally located on public
property. The request for a hearing shall be made within 48 hours from the
date of removal.
C. If the owner of a sign fails to make a request for a hearing and no demand is
made for the return of the sign within ten days of the date of removal, then
the City is authorized to destroy or dispose of the sign.
City of Cypress
29 -15 Zoning Ordinance
Description of Nonconforming Sign
Elimination Schedule
1.
Lighting or movement nonconformity, any
zone
Within 6 months of the date that the sign becomes
nonconforming
2.
Painted on wall, any zone
Within 1 year of the date that the sign becomes
nonconforming
3.
Any other nonconforming sign located in a
residential zone
Within 1 year of the date that the sign becomes
nonconforming
4.
All other nonconforming signs
Within 3 years of the date that the sign becomes
nonconforming
29.35 Abatement of Illegal Signs within Public Rights -of -Way
A. If it is determined that a sign is illegally placed on public property, public right -
of -way, or public easements, the City shall notify the owner to remove the
sign within 48 hours or be billed for the costs of removal. If immediate action
is necessitated for public safety considerations, the City shall remove the
sign, and the sign owner shall be billed for the costs of removal.
B. The owner of a sign which has been removed by the City may request a
hearing to determine whether the sign was in fact illegally located on public
property. The request for a hearing shall be made within 48 hours from the
date of removal.
C. If the owner of a sign fails to make a request for a hearing and no demand is
made for the return of the sign within ten days of the date of removal, then
the City is authorized to destroy or dispose of the sign.
City of Cypress
29 -15 Zoning Ordinance
Section 29: Signs
29.37 Neon Signs
The use of neon signs is permitted, subject to neon signage criteria established
by the Community Development Director. All permits issued for the use of neon
signage shall be contingent upon the signing and recordation of a "Neon Signage
Agreement" provided by the Director.
29.39 Reserved
Division 2. Billboards
29.41 Conditional Use Permit Required
Billboards shall be permitted subject to the granting of a Conditional Use Permit,
pursuant to the provisions of Section 35, Division 7 (Conditional Use Permits) of
this ordinance.
29.43 Restrictions on Location
A. Billboards shall be permitted only in the CH -10000 zone.
B. No new billboard shall be permitted within 300 feet of a residential zone.
C. No new billboard shall be permitted within 1,500 feet of an existing billboard.
29.45 Development Standards
All billboards shall conform to the following development standards, illustrated in
Figure 29.45.
A. Each billboard shall have a maximum height of 30 feet.
B. Each billboard shall have a maximum area of 300 square feet.
Maximum Area
300 sq. ft.
Maximum
Height 30'
Minimum
Distance 8'
Figure 29.45
Billboard Dimensions
City of Cypress
29 -16
Zoning Ordinance
344
Section 29: Signs
C. Each billboard shall have a minimum ground clearance of eight (8) feet,
measured from the bottom of the billboard to the nearest ground surface.
D. Billboards may not contain movement, blinking, flashing, or animation of any
kind.
E. Billboards shall be constructed on no more than two (2) steel supports.
F. Billboards may not project into or over any public right -of -way.
G. Each billboard shall conform to and maintain the minimum setback
requirements of the CH -10000 zone.
H. Lighting of any billboard shall be only by an indirect source (shielded). Such
lighting shall not exceed 800 milliamps rated capacity, or equivalent, as
determined by the Building Official.
29.47 Blank Billboards
If any billboard is left blank or is maintained without copy for a period of 60 days
or more, such billboard shall be removed within six (6) months, unless a
Conditional Use Permit is approved for its reuse.
29.49 Nonconforming Billboards
Any billboard which does not conform to the provisions of this Division 2 shall be
modified or removed in accordance with the following provisions:
A. Billboards with an appraised value of Tess than $200 shall be brought into
conformance or removed by September 27, 1976.
B. Billboards with an appraised value of more than $200 shall be brought into
conformance or removed by September 27, 1976.
C. The appraised value of any billboard shall be determined by the Community
Development Director. Any such appraisal shall be subject to review by the
City Council if such review is requested by the owner of the property on
which such billboard is situated.
29.51 Reserved
City of Cypress
29 -17 Zoning Ordinance
Section 31: Nonconforming Uses and Structures
SECTION 31. NONCONFORMING USES AND STRUCTURES
Section Contents:
Division 1. General
31.1 Intent and Purpose
31.3 Establishment of Nonconforming Status
31.5 Exceptions to Nonconforming Status
31.7 Continuation and Maintenance
31.9 Nonconforming Status Tied to Property
31.11 Revocation of Privileges
31.13 Public Nuisance
31.15 Exceptions - Public Utility Facilities and Uses
31.17 Reserved
Division 2. Nonconforming Uses
31.19
31.21
31.23
31.25
31.27
31.29
Nonconforming Uses
Nonconforming Uses
Nonconforming Use
Nonconforming Uses
Nonconforming Uses
Nonconforming Uses
Reserved
- Abatement
- Exceptions to Provisions for Elimination of
- Change to Another Nonconforming Use
- Abandonment
- Expansion Restrictions
Division 3. Nonconforming Structures
31.31 Nonconforming Structures - Abatement
31.33 Nonconforming Structures - Alterations and Additions
31.35 Nonconforming Structures - Repair of Damaged or Partially Destroyed
Structures
31.37 Nonconforming Structures - Exceptions to Abatement Provisions
31.39 Reserved
Division 4. Abatement Proceedings
31.41
31.43
31.45
31.47
31.49
31.51
31.53
31.55
31.57
Purpose
Notice Required
Hearing Required
Findings and Decision
Right of Appeal
Recordation of Order
Extension of Time
Relocation
Reserved
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Section 31: Nonconforming Uses and Structures
Division 1. General
31.1 Intent and Purpose
A. This Section 31 is established to limit the number and extent of
nonconforming uses throughout the City by prohibiting or limiting their
enlargement, their re- establishment after abandonment, and the alteration or
restoration after destruction of the structures they occupy.
B. While permitting the use and maintenance of existing nonconforming
structures, this Section 31 is also established to limit the number and extent
of nonconforming structures by prohibiting their being moved, altered, or
enlarged in a manner that would increase the discrepancy between existing
conditions and the standards prescribed in this zoning ordinance, and by
prohibiting their restoration after destruction.
C. Eventually, certain classes of nonconforming uses and nonconforming
structures of nominal value are to be eliminated or altered to conform, and
certain uses having nonconforming screening or performance standards are
to be altered to conform.
D. Nonconforming signs are addressed in Section 29 (Signs) of this ordinance.
E. Nonconforming antennas are addressed in Section 19, Division 2 (Special
Use Standards - Antennas) of this ordinance.
31.3 Establishment of Nonconforming Status
A. The regulations in this Section 31 shall apply to all existing nonconforming
uses and structures as defined in Section 41 (Definitions) of this ordinance,
and to any use, building, or structure made nonconforming upon adoption of
this and subsequent ordinances.
B. Whenever a use, structure, screening, or development standard becomes
nonconforming because of a change of zone boundaries or a change of
regulations for the zone in which it is located, the period of time prescribed in
this Section for the elimination of the use or compliance with screening or
development standards shall be computed from the date of the notice of the
nonconformity following the effective date of the change of zone boundaries
or regulations.
31.5 Exceptions to Nonconforming Status
A. No existing use of land or structure shall be deemed nonconforming solely
because of the lack of off - street parking required by this ordinance.
B. No residential dwelling shall be deemed nonconforming solely because it
does not meet required off - street parking or side yard setbacks, provided it
complies with the side yard setback requirements in effect at the time a
Building Permit was issued for its construction.
C. An existing use shall be deemed a "legal nonconforming use" if prior to its
establishment, the required permits were obtained (e.g., a Building Permit,
Conditional Use Permit, etc.).
D. Structures and uses not having acquired the proper permits shall be
considered "illegal" and shall be defined in this Section 31 merely as
"nonconforming," unless otherwise provided in this Section.
E. No existing second -floor balcony which was legally permitted prior to the
effective date of Zoning Code Amendment No. 93 -3 requiring a Conditional
Use Permit for second -floor balconies in side and rear yards, shall be
deemed nonconforming solely because of the lack of a Conditional Use
Permit.
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Section 31: Nonconforming Uses and Structures
31.7 Continuation and Maintenance
A. A use lawfully occupying a structure or a site that does not conform with the
use regulations or the site area development standards for the zone in which
the use is located shall be deemed to be a nonconforming use and may be
continued, except as otherwise provided in this Section 31.
B. A structure that lawfully occupies a site and that does not conform with the
development standards for front yards, side yards, rear yards, height,
coverage, or distances between structures for the zone in which the structure
is located shall be deemed to be a nonconforming structure and may be
continued, except as otherwise provided in this Section 31.
C. Routine maintenance and repairs may be performed on a structure or site
when the use is nonconforming, and on a nonconforming structure.
31.9 Nonconforming Status Tied to Property
Restrictions and conditions affecting nonconforming uses and structures shall
apply to the existing use, building, and structures, and shall not be affected by
ownership changes.
31.11 Revocation of Privileges
A. Whenever the use, maintenance, or continuation of nonconforming
conditions or use is granted through the means of Conditional Use Permits,
Variances, Design Review, Extensions, Expansions, or other approved
changes, the same may be revoked by the Planning Agency whenever the
Agency finds:
1. That the terms or conditions of any Conditional Use Permit, Variance,
Design Review, Extension, Expansion, or other approval are being
violated; or
2. That the condition or use of the property constitutes a public nuisance; or
3. That the health, safety, or general welfare of the surrounding property
owners or residents is being threatened by the continuation of said
nonconforming use or condition.
B. The revocation process may be initiated by the order of the Planning Agency
or by any person demonstrating that his health, safety, or general welfare is
being adversely affected by the continuation of circumstances existing on
nonconforming property.
C. The property owner shall be notified of the commencement of the revocation
process pursuant to Section 35, Division 2 (Notice and Conduct of Public
Hearings) of this ordinance. A public hearing shall be conducted as set forth
in Division 4 (Abatement Proceedings) of this Section 31.
31.13 Public Nuisance
Any nonconforming use continuing beyond the date for abatement set by the
City Council shall be deemed a public nuisance, subject to abatement thereof
and prosecution either through civil or criminal action, pursuant to Chapter 13,
Article III of the Code of the City of Cypress.
31.15 Exceptions - Public Utility Facilities and Uses
Nothing in this Section 31 pertaining to nonconforming uses and structures shall
be construed or applied so as to require the termination, or removal, or so as to
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Section 31: Nonconforming Uses and Structures
prevent the modernization, replacement, repair, maintenance, alteration, or
rebuilding of public service and public utility buildings, structures, uses,
equipment, and facilities; provided that there is no change or increase of those
areas to be used.
31.17 Reserved
Division 2. Nonconforming Uses
31.19 Nonconforming Uses - Abatement
Except as provided for in Section 31.21 (Exceptions to Provisions for Elimination
of Nonconforming Use) and Section 31 (Change to Another Nonconforming
Use), nonconforming uses shall be discontinued and removed from their sites,
altered to conform, or altered as prescribed to decrease the degree of
nonconformity, within the specified time period after which they are deemed
nonconforming, as set forth in Table 31.19.
TABLE 31.19
Abatement of Nonconforming Uses
Zone or Use
Abatement Schedule (a)
1. In any zone, a use not occupying a
structure, or a use occupying a
structure having an assessed value of
Tess than $10,000
3 years
2. Residential Zone - Use not permitted
Type IV and V building (of any materials
permitted by UBC): 10 years
3. OP -10000
- Use not permitted
- No CUP where one is required
Type II buildings: 15 years
Type IV and V buildings (of any materials
permitted by UBC): 10 years
4. CN -10000
- Use not permitted
Type II buildings: 15 years
5. CG -10000
- No CUP where one is required
- Use not permitted
Type IV and V buildings: 10 years
Type II buildings: 15 years
Type 1 and 11 buildings: 20 years
6. Any commercial or industrial zone
(except CG- 10000)
- Use not permitted
- No CUP where one is required
Type I and II buildings: 20 years
7. RS -15000
- Use which has been in continuous
operation for 20 or more years
5 years
Note: (a) Building types as defined by the Uniform Building Code (UBC)
31.21 Nonconforming Use - Exceptions to Provisions for Elimination of
Nonconforming Use
The following uses, when nonconforming, need not be removed and under
certain conditions may be expanded. However, such uses shall be subject to
the provisions of Section 31.25 (Nonconforming Uses - Abandonment).
1. In any zone, a residential use, provided that the number of dwelling units
shall not be increased. Permitted uses (for example, room additions,
carports, garages, etc.) will be considered by the Community Development
Department, and shall be subject to the development standards of the zone
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Section 31: Nonconforming Uses and Structures
in which it is located, including the provision of parking in accordance with the
requirements of this ordinance.
2. In any residential zone, a nonresidential use that is a permitted use.
3. In the OP -10000 or CN -10000 zone, an existing conditional use may be
continued, and a new Conditional Use Permit may be granted for expansion
of the floor area or the site area occupied by the use by not more than 10
percent in any five -year period.
4. In the CG -10000 or CH -10000 zone, a use that is a permitted use or a
conditional use in any other commercial or industrial zone may be continued,
and a Conditional Use Permit may be granted for expansion of the floor area
or the site area occupied by the use by not more than 10 percent in any five -
year period.
5. In an industrial zone, a use that is a permitted use or a conditional use in any
other industrial zone may be continued, provided that any nonconformity with
screening and performance standards requirements shall be eliminated as
prescribed in Section 31.31 (Nonconforming Structures - Abatement). A
Conditional Use Permit may be granted for expansion of the floor area or the
site area.
31.23 Nonconforming Uses - Change to Another Nonconforming Use
A Conditional Use Permit may be granted for conversion of a nonconforming use
to another nonconforming use, provided that the Planning Agency finds that:
1. The proposed nonconforming use will not have a greater adverse impact on
the surrounding area than the existing or former nonconforming use; and
2. The proposed nonconforming use shall be a use that would be permitted to
continue in the zone in which it would be located as prescribed in Section
31.21 (Exceptions to Provisions for Elimination of Nonconforming Uses).
31.25 Nonconforming Uses - Abandonment
A. Whenever a nonconforming use has been abandoned, discontinued, or
changed to a conforming use for a continuous period of 180 days or more,
the nonconforming use shall not be re- established, and the structure or site
thereafter shall be used in conformity with the regulations for the zone in
which it is located. Discontinuance of a use shall include cessation of the
existing nonconforming use, regardless of intent to resume the
nonconforming use.
B. This Section 31.25 shall not apply to nonconforming dwelling units.
31.27 Nonconforming Uses - Expansion Restrictions
A. A nonconforming use shall not be enlarged or extended in such a way as to
occupy any part of the structure or site or another structure or site which it
did not occupy at the time it became a nonconforming use, or in such a way
as to displace any conforming use occupying a structure or site, except as
otherwise provided in Section 31.21 (Nonconforming Uses - Exceptions to
Provisions for Elimination of Nonconforming Use).
B. A use which fails to meet the performance standards of the zone in which it is
located shall not be enlarged or extended, nor shall it have equipment
replaced that results in failure to meet performance standards, unless the
enlargement, extension, or replacement will result in elimination of
nonconformity with performance standards for that zone.
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Section 31: Nonconforming Uses and Structures
31.29 Reserved
Division 3. Nonconforming Structures
31.31 Nonconforming Structures - Abatement
A. Except as provided in Section 31.37 (Nonconforming Structures - Exceptions
to Abatement Provisions), nonconforming structures and screening shall
be discontinued and removed from their sites, altered to conform, or altered
as prescribed to decrease the degree of nonconformity, within the specified
time period after which they are deemed nonconforming, as set forth in Table
31.31.
TABLE 31.31
Abatement of Nonconforming Structures and Screening
Zone or Use.:
1. In any zone, removal or alteration of a
nonconforming structure having an
assessed value of less than $10,000
5 years
Abatement Schedule (a)
2. OP -10000 and CN -10000
3. CG -10000
4. Any industrial zone
5. Use in any commercial or industrial
zone subject to screening
requirements and performance
standards
Type IV and V buildings: 10 years
Type II buildings: 15 years
Type IV and V buildings: 10 years
Type II buildings: 15 years
Type I and II buildings: 20 years
Type I and II buildings: 20 years
3 years
Note: (a) Building types as defined by the Uniform Building Code
B. Nonconforming signs shall be abated as required by Section 29.33
(Nonconforming Signs) of this ordinance.
31.33 Nonconforming Structures - Alterations and Additions
A. A nonconforming structure shall not be moved, altered, or enlarged unless
required by law, or unless the moving, alteration, or enlargement will result in
the elimination of the nonconformity, except as otherwise provided in this
Division 3.
B. A nonconforming structure shall not be altered or reconstructed so as to
increase the discrepancy between existing conditions and the development
standards for front yards, side yards, rear yards, height of structures, or
usable open space prescribed in the development standards for the zone in
which the structure is located.
C. A nonconforming structure shall not be moved or enlarged unless the new
location or enlargement shall conform to the development standards or
usable open space prescribed in the development standards for the zone in
which the structure is located.
31.35 Nonconforming Structures - Repair of Damaged or Partially Destroyed
Structures
A. Whenever a structure that does not comply with the development standards
for front yards, side yards, rear yards, height of structures, or distances
between structures prescribed in the development standards for the zone in
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Section 31: Nonconforming Uses and Structures
which the structure is located, is destroyed by fire or other calamity, by Act of
God, or by the public enemy to the extent of 50 percent or more, or the
structure is voluntarily razed or is required by law to be razed, the structure
shall not be restored except in full conformity with the development standards
for the zone in which it is located.
B. The extent of damage or partial destruction shall be based upon the ratio of
50 percent of the estimated replacement cost of restoring the structure to its
condition prior to such damage or partial destruction, or to 50 percent of the
estimated cost of duplicating the entire structure as it existed prior to the
damage or partial destruction. Estimates for this purpose shall be made by or
shall be reviewed and approved by the Building Official or his designee, and
shall be based on the minimum cost of construction in compliance with the
City's building code as the same exists on the date the estimates are
submitted.
31.37 Nonconforming Structures - Exceptions to Abatement Provisions
In any zone, a nonconforming residential structure used for residential purposes
need not be removed, provided that the number of dwelling units shall not be
increased. The further provisions of Section 31.21 shall apply.
31.39 Reserved
Division 4. Abatement Proceedings
31.41 Purpose
A. The provisions of this Division 4 are established to set forth procedures for
the abatement of uses, structures, screening, signs, and antennas deemed
to be nonconforming.
B. A Nonconforming Hearing Board is hereby established for the purpose of
considering City action to declare a use, structure, screening, sign, or
antenna to be nonconforming and to establish abatement procedures
consistent with the provisions of this Section 31. The composition of the
Nonconforming Hearing Board shall be as established by resolution of the
City Council.
31.43 Notice Required
A. Upon determination by the Community Development Director that the
provisions in this Section 31 apply to a given parcel of land, the Director shall
send a notice regarding the parcel by a method guaranteeing certification of
delivery to the owner of the parcel, as shown on the last equalized
assessment roll. The Director shall post the property with a similar notice
and shall publish such notice at least once in a newspaper of general
circulation. Should the certified notice be returned to the City for any reason,
the City shall cause a copy of the same to be mailed by regular first -class
mail, with postage thereon fully paid, to the property owner shown on the last
equalized assessment roll.
B. The notice required in A above shall state that the property in question is a
nonconformity, shall state the date of abatement established in either Section
31.19 (Nonconforming Uses - Abatement) or 31.31 (Nonconforming
Structures - Abatement), shall state that a hearing will be held before the
Nonconforming Hearing Board, and shall state the date of such hearing.
31.45 Hearing Required
A. Within 60 days after the issuance of the notice prescribed in Section 31.43
(Notice Required), the Nonconforming Hearing Board shall hold a public
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Section 31: Nonconforming Uses and Structures
hearing to determine whether the nonconformity should be abated or whether
a time extension should be granted as provided for in Section 31.51
(Extension of Time). Notice shall be given to all property owners as required
by Section 35.17 (Method of Noticing) of this ordinance.
B. The Board shall receive written and oral testimony at such hearing with
regard to abatement or elimination of the nonconformity pursuant to the
hearing procedures set forth in Section 35.21 (Hearing Procedures) of this
ordinance.
C. At the close of the public hearing, the Board shall find and determine whether
the nonconformity should be abated and all facts in support thereof, whether
the owner of the property can amortize his investment in the term for
abatement provided in Sections 31.19 (Nonconforming Uses - Abatement)
and 31.31 (Nonconforming Structures - Abatement), and if not, what term for
abatement should be provided. The Board shall base its decision as to the
length of the permitted amortization period on any competent evidence
presented, included but not limited to the depreciation schedule attached to
the owner's latest federal income tax return.
D. The Board shall also find and determine whether the nonconformity can
economically be used in its present condition or if the nonconformity can be
successfully modified for a purpose permitted by the zone district in which it
is located.
31.47 Findings and Decision
A. The decision of the Nonconforming Hearing Board and the findings in support
of the decision shall be in the form of a written order and shall be served to
the property owner personally or by a method guaranteeing proof of delivery
within 10 days after the decision is rendered.
B. Findings shall be made as to whether or not the balancing of the public
interest and the request by the owner for continuance, alteration, or
expansion of the nonconformity of the subject property requires a deviation
from the development standards for the City of Cypress.
31.49 Right of Appeal
A. The decision of the Nonconforming Hearing Board may be appealed to the
City Council pursuant to the provisions of Section 35, Division 4 (Appeals and
Revocations) of this ordinance. Any appeal timely filed shall be set for
hearing in accordance with Section 35.41 (Appeals - Scheduling of Public
Hearing).
B. The City Council shall conduct the hearing in accordance with Section 35.21
(Hearing Procedures) and may act to uphold, reverse, or amend any decision
of the Nonconforming Hearing Board. The decision of the City Council shall
be final and conclusive.
C. Notice of the City Council's decision shall be mailed to the property owner or
any other appellee within 10 days of the Council's decision.
31.51 Recordation of Order
After the conclusion of all appeals or, if no appeal is filed, after expiration of the
appeal period, the City Clerk shall cause notice of the decision to be recorded
with the County Recorder of the County of Orange. The notice shall consist of a
notice of zoning violation.
31.53 Extension of Time
The Nonconforming Hearing Board, or the City Council on appeal, at its
discretion, may grant an extension of time for the abatement of a nonconformity
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where it finds that an unreasonable hardship would otherwise be imposed on the
property owner.
31.55 Relocation
In the event the Nonconforming Hearing Board, or the City Council on appeal,
finds that a structure occupied by a nonconforming use, either in its present
condition or as modified, can be used, if such alterations occur for a use
permitted in the zone in question, the nonconforming use may be granted an
extension sufficient to permit it to relocate at a site wherein such use is permitted
and which has substantially equivalent utility for the use. In no event shall such
extension be more than two (2) years.
31.57 Reserved
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Section 33: Hazardous Materials Facilities
SECTION 33. HAZARDOUS MATERIALS FACILITIES
Section Contents:
33.1 Intent and Purpose
33.3 Restrictions on Location
33.5 Application Requirements
33.7 Conflict of Interest Restriction
33.9 Proceedings
33.11 Required Findings
33.13 Limitations on CUP Approval
33.15 Standards and Criteria
33.17 Safety and Security
33.19 Monitoring
33.21 Reserved
33.1 Intent and Purpose
The City hereby establishes special regulations for businesses involved in the
processing, handling, treatment, storage, manufacture, and transport of
hazardous materials. The purpose of these regulations is to assure adequate
protection of public health, safety, and the environment without imposing undue
restrictions on businesses and developments.
33.3 Restrictions on Location
A. Specified hazardous materials facility projects, as defined pursuant to the
Health and Safety Code Section 25199.1(n), shall be sited only in the BP-
20000, ML- 10000, and PCM industrial zones.
B. Hazardous materials facility projects other than defined in Health and Safety
Code Section 25199.1(n) shall be sited according to the following:
Facility Permitted Zones
Treatment/Storage Facility
Storage Facility
Disposal Facility
33.5 Application Requirements
ML -10000
BP -20000
ML -10000
PCM
ML -10000
All hazardous materials facility projects shall require a Conditional Use Permit.
Such facilities must meet the criteria listed herein unless the Planning Agency
finds that one or more criteria should be relaxed to meet an overriding public
need.
A. Every application for a hazardous materials facility project shall be made in
writing to the Community Development Director on the forms provided by the
Community Development Department, and accompanied by a filing fee as
set by resolution of the City Council.
B. An application must include 15 copies of the application, site plan, elevation,
floor plans, and landscape plans, all drawn to scale.
C. In addition to the application information requirements set forth in Section
35.7 (Application Procedures) of this ordinance, the following information
shall be provided:
1. A plot and development plan drawn in sufficient detail determined by the
Community Development Director and the Building Official /City Engineer
to clearly describe the following:
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a. Physical dimensions of the property and structures;
b. Location of existing and proposed structures;
c. Proposed setbacks and landscaping;
d. Proposed methods of circulation and parking;
e. Existing and proposed drainage patterns;
f. Proposed ingress and egress;
g. Proposed storage and processing areas;
h. Utilization of property under the requested land use permit;
I. The distance from the project property line to the nearest adjacent
structure, and a description and location of such structure;
j. Proximity of the project to the one - hundred year floodplain;
k. Proximity of the project to any known earthquake fault zones;
I. The relationship of the proposed project to all above ground water
supplies and all known underground aquifers that might be threatened
with contamination;
m. Topographic description of the property and surrounding area;
n. A preliminary geological study of the property and surrounding area
which comprehends as deep a soils analysis as there are known
aquifers, regardless of the potability of those aquifers;
o. Existing and proposed utilities which service or will be required to
service the facility; and
p. Vicinity map which indicates, at a minimum, proximity of the project to
schools, parks, and other community facilities within the City of
Cypress.
2. Identification of all wastewater, treated and untreated, generated by the
proposed facility, and the method and place of final discharge;
3. An analysis of visual, noise, and any olfactory impacts associated with
the project and recommended mitigation measures;
4. An analysis of all anticipated air quality impacts associated with the
project and proposed mitigation measures to ensure no degradation of air
quality in the area;
5. Identification of the amounts (in tons), sources, and types of hazardous
materials to be treated, stored, or disposed of at the proposed facility; the
ultimate disposition of the materials; and anticipated life of the facility.
This information shall be based on an actual survey of the industries to
be served and, thereby, be representative of the materials that will be
processed at the facility.
6. A risk assessment which analyzes, in detail, all probabilities of accidents
or spills at the site, transportation related accidents from the point of
origin to the facility, and any other probabilities requested by either the
Community Development Director, the Building Official /City Engineer, or
the City Council. Such analyses shall identify mitigation measures to
reduce the identified risks. The risk assessment shall identify the most
probable routes for transporting hazardous materials to the facility.
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Section 33: Hazardous Materials Facilities
7. A plan that identifies an ongoing monitoring program of air, soil, and
groundwater. This plan shall include any monitoring requirements
imposed by other permitting agencies such as, but not limited to, the
South Coast Air Quality Management District (SCAQMD), the Regional
Water Quality Control Board, and the Department of Health Services.
8. All applications shall contain a designation of at least two reasonable
alternative sites which shall be reviewed pursuant to the California
Environmental Quality Act (CEQA).
9. All applications shall be accompanied by an environmental information
form in sufficient detail to enable the City to complete an Initial Study
pursuant to CEQA for the preparation by a qualified environmental
consulting firm of any Environmental Impact Report or Negative
Declaration.
10. An emergency response plan that includes, but which is not limited to, the
following. An application shall not be considered complete until such
emergency response plan is approved by the Community Development
Director and the Building Official /City Engineer.
a. Evidence that the proposed plan is consistent with any and all
applicable county and regional emergency response plans and all
City, county, state, and federal regulatory requirements regarding
emergency response procedures.
b. Detailed procedures to be employed at the time of emergency for
each and every type of chemical substance and emergency, including
contingency procedures.
c. Anticipated impacts on local fire, police, and medical services;
d. Names, home and business addresses, and home and business
telephone numbers of all management personnel at the facility, if
known, and a detailed description of uncontrolled release and
emergency situation reporting procedures.
33.7 Conflict of Interest Restriction
The person, or entity, preparing the documents required by CEQA shall not be
the same person, or entity, which acts as a consultant to the Local Assessment
Committee (LAC).
33.9 Proceedings
A. The Community Development Director shall not accept applications for land
use decisions unless they are accompanied by the appropriate fees, as
established by resolution of the City Council.
B. All applications for specified hazardous materials facility projects must follow
the procedures set forth in Health and Safety Code Sections 25199 et seq.,
Public Resources Code Sections 21000 through 21177, and Government
Code Sections 65920 et seq.
C. All applications for a specified hazardous materials facility project shall
contain a proposed public education /participation program to be employed
during the local land use decision making process. Such plan shall be
mutually agreeable to the project proponent and the Community
Development Director.
D. The LAC, as a unit, shall provide comments on the Draft Environmental
Impact Report or Proposed Negative Declaration, as appropriate.
E. All applications for hazardous materials facility projects which are not
specified hazardous materials facility projects shall follow the following
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Section 33: Hazardous Materials Facilities
procedures in addition to, and consistent with, Public Resources Sections
21000 through 211177 and Government Code Sections 65920 et seq.
F. No later than 30 working days after the application is submitted for filing, the
Community Development Director shall determine whether an application is
complete for filing purposes.
G. At the request of the applicant, the Community Development Director shall,
within 90 calendar days after the application has been deemed complete,
issue an initial written determination on whether the project is consistent with
the City's General Plan and applicable zoning ordinances, and whether it
meets the environmental guidelines of the City for implementing CEQA. This
determination will not prohibit the City from making a different determination
when the final decision is made, if such decision is based on information
which was not considered when the initial determination was made.
H. Within 90 days after the application is deemed complete, the Planning
Agency shall hold a hearing on the application for a hazardous materials
facility project.
I. In addition to the hearing required in Section 33.9 (H), a public hearing upon
the application shall be set before the Planning Agency when:
1. The Community Development Director has determined that the
application complies with all ordinance requirements;
2. All procedures required by the City of Cypress with regard to CEQA have
been met; and
3. All necessary state and federal permits regulating the facility have been
obtained.
J. Not later than one (1) month prior to a public hearing scheduled either by the
City or the Governor's Office of Permit Assistance, the applicant shall provide
three (3) sets of mailing labels indicating all owners of record as shown on
the latest county equalized assessment roll that lie within a 2,000 -foot radius
of the boundary or land owned by the project applicant and three (3) sets of
mailing labels indicating all residents, tenants, and businesses within a
2,000 -foot radius of the boundary or land owned by the project applicant.
33.11 Required Findings
The findings specified in this section shall be made in writing prior to making a
land use decision that will allow the siting of a hazardous materials facility
project.
A. The project must be found to be consistent with the City's General Plan.
B. The project must not be found to be detrimental to the public health, safety,
or general welfare.
C. The project site must already be served or will be served adequately by
roads and other public or private service facilities.
D. The project must be found to meet or exceed each requirement of this
ordinance.
E. The environmental impacts identified in the Environmental Impact Report
(EIR) or Negative Declaration have been adequately mitigated, and a
Mitigation Monitoring Program has been established for each mitigation
measure.
City of Cypress
33 -4 Zoning Ordinance
Section 33: Hazardous Materials Facilities
33.13 Limitations on CUP Approval
A. The City may impose, as necessary, conditions and standards other than
those presented in this section and in the Land Use Element of the Cypress
General Plan, in order to achieve the purposes of this ordinance and to
protect the public health, safety, or general welfare.
B. No hazardous materials facility shall be approved if such facility will manage
a volume or type of hazardous materials in excess of that generated within
the City of Cypress and not currently being managed by a facility located in
Cypress unless satisfactory compensation is made to the City, or a joint
powers or a governmental agreement provides otherwise.
C. Any modifications of the types and quantities of hazardous materials to be
managed at the facility which were not included in the approved application
for land use, including the Conditional Use Permit, must be approved by the
City through an amendment to the Conditional Use Permit, pursuant to
Section 35.93 (Modification of a Conditional Use Permit) of this ordinance,
before such modifications occur at the facility.
D. Every hazardous materials facility project must have a contingency operation
plan approved by the California Department of Health Services (DHS). A
copy of the contingency plan approved by DHS shall be maintained at the
facility. The facility owner or operator shall provide a current copy of the
contingency plan to the Chief of Police, Fire Chief, each hospital within 10
miles, and the Orange County Department of Environmental Health.
E. The owner or operator of a hazardous materials facility project shall, prior to
the local land use decision, submit to the Community Development Director a
written closure plan approved by DHS. All revisions to such closure plan
shall also be submitted to the Community Development Director.
F. Prior to issuance of an occupancy permit to begin the use identified on the
land use decision, the applicant shall submit, to the City Manager, proof that
it has met all of the financial responsibility requirements imposed by DHS and
any other state or federal agency.
G. The applicant agrees to protect, defend, indemnify, and render harmless the
City of Cypress and its City Council, City Attorney, and all officers,
employees and agents of the City against and from all claims, actions, or
liabilities relating to the land use decision or arising out if its implementation
at the site.
H. Owners or operators of all faciilties shall prepare and submit an annual
emergency response preparedness report to the Community Development
Director. Such report shall be initialed by each person at the facility who has
emergency response responsibilities.
I. Owners and operators of all facilities shall submit an annual air, soil, and
groundwater monitoring report to the Community Development Director.
J. The facility owner or operator shall be responsible for all costs incurred by
the City of Cypress and its officers, agents, employees, or contractors, for
responding to a release or threatened release of a hazardous material at or
enroute to or from the facility.
K. Any storage, treatment, or transportation of extremely hazardous materials
as defined in Section 25115 of the Health and Safety Code, by the facility
owner or operator shall be reported to the Community Development Director
at least 48 hours prior to such storage, treatment, disposal, or transportation.
L. All costs of compliance with this Section 33 shall be borne by the facility
owner or operator.
M. The City of Cypress may employ any and all methods permitted by law to
enforce these provisions.
City of Cypress
33 -5 Zoning Ordinance
Section 33: Hazardous Materials Facilities
N. The life of the land use decision shall be determined at the time of approval
and shall not exceed 10 years. The project proponent shall commence
substantial construction of the facility within two (2) years of the land use
decision, and such construction must be pursued diligently to completion.
33.15 Standards and Criteria
A. All specified hazardous materials facility projects in the City of Cypress must
comply with the hazardous materials siting policies, standards, and location
criteria in the Land Use Element of the Cypress General Plan and the
provisions of this Section.
B. The proposed facility shall be consistent with all General Plan requirements,
applicable zoning regulations, and other planning actions or policies that
were in place at the time the application was deemed complete.
C. The project proponent shall fund an independent study of the effect of the
facility on real property values within the City. While the proponent shall fund
the study in advance, the City shall hire and control the work of the
consultant conducting the study. The study shall be completed prior to an
action on the application by the LAC, so that the information contained in the
study may be considered by the LAC.
D. The City may, at its discretion, explore, review, and impose appropriate
taxes, user fees, and other revenue or compensation options.
E. The project proponent shall fund an independent study of changes in
employment anticipated if the facility is approved. While the proponent shall
fund the study, in advance, the City shall hire and control the work of the
consultant conducting the study. The study shall be completed prior to action
on the application by the LAC, so that the information contained in the study
may be considered by the LAC.
33.17 Safety and Security
A. The owner or operator shall prevent the unknowing entry, and minimize the
possibility for the unauthorized entry, of persons, livestock, or wild animals
onto any portion of the facility.
B. The operator shall provide a 24 -hour surveillance system which continuously
monitors and controls entry onto the facility.
C. Perimeter fencing shall be constructed to the satisfaction of the Community
Development Director.
D. Signs with the message "DANGER HAZARDOUS MATERIALS AREA -
UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each
entrance to the facility, and at other appropriate locations. The sign shall be
written in both English and Spanish and shall be legible from a distance of at
least 25 feet.
33.19 Monitoring
A. Upon reasonable notice, and for the purpose of ensuring compliance with all
standards, conditions, and other requirements which the City of Cypress is
authorized to enforce under its police power, City officials or their designated
representatives may enter the premises on which a hazardous materials
facility permit has been granted.
B. The owner or operator of a facility shall report quarterly to the Public Works
Department the amount, type, and disposition of all materials in the
possession of the facility. Included in the report shall be copies of all
manifests showing the delivery and types of hazardous materials, and a map
City of Cypress
33 -6 Zoning Ordinance
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Section 33: Hazardous Materials Facilities
showing the exact location of quantities and types of materials placed in
repositories or otherwise stored or disposed of onsite.
C. The owner or operator of a hazardous materials facility shall immediately
send copies of all complaints as to facility operations, and copies of all
inspection reports made by other local, state, or federal agencies, to the
Community Development Director.
D. The emergency response plan shall be updated annually, signed by all
management personnel at the facility, and distributed to all local emergency
response agencies and the Community Development Director.
33.21 Reserved
City of Cypress 33 -7 Zoning Ordinance
Section 35: Administration
SECTION 35. ADMINISTRATION OF THE ZONING ORDINANCE
Section Contents:
Division 1. General Provisions
35.1 Intent and Purpose
35.3 Type of Review Procedures in Effect in Cypress
35.5 Review Bodies and Responsibilities
35.7 Application Procedures
35.9 Reserved
35.11 Reserved
Division 2. Notice and Conduct of Public Hearings
35.13 Hearings - Notice Required
35.15 Content of Notice
35.17 Method of Noticing
35.19 Evidence of Notice
35.21 Hearing Procedures
35.23 Effect of Action
35.25 Application Denial - Reapplication
35.27 Reserved
Division 3. Fees and Deposits
35.29 Fees Established by Resolution
35.31 Refund of Fees
35.33 Reserved
Division 4. Appeals and Revocations
35.35 Appeals - Jurisdiction and Authorization
35.37 Appeals - Time Limit for Filing an Appeal
35.39 Appeals - Form for Filing
35.41 Appeals - Scheduling of Public Hearing
35.43 Appeals - Findings and Finality of Decision
35.45 Revocations - Right of Revocation
35.47 Revocations - Procedures
35.49 Reserved
Division 5. Changes of Zone and Zoning Ordinance Text Amendments
35.51 Intent and Initiation
35.53 Measure D Restrictions on Applications and Approvals
35.55 Investigation by the Community Development Director
35.57 Planning Agency Proceedings
35.59 Alternate Zones That May Be Considered
35.61 Findings Required
35.62 Changes to the Zoning Map
35.63 Reserved
Division 6. General Plan Amendments
35.65 Initiation
35.67 Measure D Restrictions on Applications and Approvals
35.68 Restrictions on Amendments from Manufacturing to Residential
35.69 Investigation by the Community Development Director
35.71 Planning Agency Proceedings
35.73 Findings Required
35.75 Reserved
Division 7. Conditional Use Permits
35.77 Intent and Purpose
35.79 Application Restrictions
35.81 Proceedings
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Section 35: Administration
35.83 Finality of Planning Agency Action and Effective Date
35.85 Required Findings
35.87 Conditional Use Permit Approval Attached to the Property
35.89 Pre - existing Conditional Use Permits
35.91 Time Limit for Implementing Conditional Use Permit
35.93 Modification of a Conditional Use Permit
35.95 Suspension and Revocation
35.97 Reserved
Division 8. Variances
35.99 Intent and Purpose
35.101 Special Application Requirements
35.103 Proceedings
35.105 Finality of Planning Agency Action and Effective Date
35.107 Required Findings
35.109 Signs - Additional Findings
35.111 Parking - Additional Findings
35.113 Variance Attached to the Property
35.115 Time Limit for Implementing a Variance
35.117 Revocation
35.119 Reserved
Division 9. Adjustments
35.121 Intent and Purpose
35.123 Applicability
35.125 Application Requirements
35.127 Proceedings
35.129 Appeal of Community Development Director's Decision
35.131 Adjustment Approval Attached to the Property
35.133 Time Limit for Using Adjustment
35.135 Reserved
Division 10. Temporary Use Permits
35.137 Intent and Purpose
35.139 Proceedings
35.141 Conditions of Approval
35.143 Bond Required
35.145 Specific Conditions for Specific Uses
35.146 Promotional Banners
35.147 Other Temporary Uses
35.148 Extension of Temporary Use Permit
35.149 Reserved
Division 11. Design Review
35.151 Intent and Purpose
35.153 Applicability
35.155 Design Review Committee - Establishment and Responsibilities
35.157 Plans and Drawings to Be Submitted
35.159 Proceedings
35.161 Effective Date of Decision
35.163 Design Review Approval Attached to the Property
35.165 Time Limit for Using Design Review Approval
35.167 Reserved
Division 12. Development Agreements
35.169 Intent and Purpose
35.171 Authority to Apply
35.173 Agreement Contents
35.175 Proceedings
35.177 Findings and Decision
35.179 Amendment or Cancellation
35.181 Recordation Required
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Section 35: Administration
35.183 Periodic Review
35.185 Reserved
Division 13. Covenants for Easements
35.187 Intent and Purpose
35.189 Applicability
35.191 Proceedings
35.193 Content of Covenant
35.195 Release of Covenant
35.197 Reserved
Division 1. General Provisions
35.1 Intent and Purpose
This Division 1 establishes the regulations for the effective and efficient
implementation of the Cypress zoning ordinance. This Division contains the
procedures for discretionary review of development applications, criteria for
acceptance of applications for discretionary actions, and general standards for
processing of applications. The provisions of this Division, used in combination
with the provisions of subsequent Divisions 2 through 14, provide for a system of
development review that is open to the public and responsive to the needs of the
community.
35.3 Type of Review Procedures in Effect in Cypress
Table 35.3 outlines the types of review procedures in effect in Cypress.
35.5 Review Bodies and Responsibilities
The Planning Agency and the Community Development Director shall make
decisions on the applications authorized by this zoning ordinance as follows:
1. Planning Agency - The Planning Agency shall be responsible for making
decisions on certain applications as indicated in Table 35.3.
2. Community Development Director - The Community Development Director
shall be responsible for making decisions on certain applications as indicated
in Table 35.3.
35.7 Application Procedures
A. Applications Required
Applications shall be required on forms provided by the Community
Development Department for all land use actions subject to the provisions of
this Section 35.
B. Who May Initiate an Application
1. Applications for any permit, amendment, or other discretionary action
permitted by this zoning ordinance may be initiated by any person who is
able to demonstrate a legal vested interest in the proposed application.
The authorized agent of any person with a legal vested interest may also
initiate an application. The Community Development Director may
request proof of ownership or authorization to apply prior to the
acceptance of any application.
2. In the case of a change of zone application, if the property for which the
change of zone is proposed is in more than one ownership, all the owner
or their authorized agents shall be require to sign the application.
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Section 35: Administration
3. The Planning Agency may initiate an application to change the
boundaries of any zone district or to amend the text of the zoning
ordinance, or to amend the General Plan.
TABLE 35.3
REVIEW BODIES AND RESPONSIBILITIES
Community Development
(a)
Planning.
Agency (b)
Authority/
Authority to Advisory to .. Public
Approve or Planning Hearing
Deny Agency Only Required
Type of Application .,
Change of Zone and Zoning Ordinance Amendment
General Plan Amendment or Update
Conditional Use Permit
Variance
Adjustment
Temporary Use Permit
Design Review (c)
Determination of Uses Not Listed
Specific Plan Establishment or Amendment
Development Agreement Establishment or
Amendment
Home Occupation Permit
❑
0
0
0
❑
0
0
0
0
❑
Notes: (a) All decisions of the Community Development Director may be appealed to the Planning
Agency.
(b) All decisions of the Planning Agency are final.
(c) See Division 11 of this Chapter 35 for Design Review procedures.
C. Acceptance of Applications by the Community Development Director
The Community Development Director or his designee shall accept
applications made by those persons with standing to make such an
application upon receipt of fees prescribed by Resolution of the City Council.
Pursuant to the California Government Code, Section 65943, no later than 30
days after an application has been received, the Director shall determine
whether the submitted application materials are complete, shall notify the
applicant of the decision, and shall identify any additional information
required to complete the application. No application shall be considered
complete until any and all additional information required by the Director is
received.
D. Concurrent Applications
When one or more discretionary action is required for a single project, all
required applications may be filed concurrently. When filed concurrently, the
applications will be reviewed and processed concurrently and will be subject
to the processing requirements of the application requiring the most rigorous
review.
E. Content of Applications
1. Applications shall contain the following information and such other
information as is required by the Community Development Director or his
designee. The accuracy of all information, maps, and lists submitted
shall be the responsibility of the applicant. The Director or his designee
may reject as incomplete any application that does not supply the
following information:
a. Name and address of the applicant.
b. Evidence that the applicant:
(i) Is the owner of the premises involved; or
City of Cypress 35-4 Zoning Ordinance
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Section 35: Administration
(ii) Has written permission of the owner or owners to make the
application; or
(iii) Is or will be the plaintiff in an action of eminent domain to acquire
the premises involved; or
(iv) Is a public agency negotiating to acquire a portion of the premises
involved.
c. Address and legal description of the property involved.
d. The nature and specifics of the requested land use action.
e. For any application subject to public hearing, a set of mailing labels
that includes all persons whose names and addresses appear on the
latest available assessment roll of the County of Orange as owners of
property within a distance of 300 feet from the exterior boundaries of
the property for which the application is filed. The list shall be keyed
to a map showing the location of these properties.
2. The following additional requirements shall apply to applications for a
Conditional Use Permit, Design Review, Administrative Adjustment, and
Variance:
a. The applicant shall provide fully dimensioned site plans and
elevations indicating the area and dimensions of the proposed site for
the requested use, and the location and dimensions of all uses,
structures, yards, walls, fences, parking and loading facilities,
driveways, landscaping, yards, open space areas, drainage, areas to
be dedicated for public improvements, and other development
features on the site.
b. Screening, landscaping, and irrigation plans shall be included with the
plans.
c. The applicant shall provide accurate scale drawings of all signs and
shall indicate sign size, material, color, and illumination, if any.
3. An application for Variance shall also include a statement of the precise
nature of the Variance request and the practical difficulties or other
unnecessary physical hardship that substantiate the basis for approval as
provided in Section 35.107 of this zoning ordinance.
F. Withdrawal of an Application
Any application or petition for a land use action may be withdrawn at any
time prior to a public hearing by filing with the Community Development
Director a written request for withdrawal. The request for withdrawal shall be
signed by all persons who signed the original application, or their designated
agents or successors. Any such application or petition may be withdrawn
after commencement of a hearing thereon, with approval of the hearing body.
35.9 Reserved
35.11 Reserved
Division 2. Notice and Conduct of Public Hearings
35.13 Hearings - Notice Required
A. For applications requiring a public hearing, upon accepting an application as
complete, the Community Development Director shall set the time and place
of the public hearing consistent with the requirements, of this zoning
ordinance. The City Council shall have the authority to change the time or
place of a hearing. However, in all cases, the hearing shall be held within 40
days of the date on which the application has been accepted as complete,
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35 -5 Zoning Ordinance
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Section 35: Administration
unless a longer time period is required to accommodate environmental
review under the California Environmental Quality Act.
B. Notice of the public hearing shall be given not Tess than 10 days nor more
than 30 days prior to the date of the hearing.
35.15 Content of Notice
The notice shall include the time, place, identity of the hearing body or officer,
the nature of the application, the application number, and the general location of
the property under consideration.
35.17 Method of Noticing
A. For all discretionary actions requiring public hearings before the Planning
Agency, the Director shall observe the noticing requirements set forth in this
Section.
B. The notice shall be mailed first -class and postage prepaid to:
1. The applicant;
2. The property owner or the owner's agent;
3. When a hearing concerns a matter other than a zoning ordinance text
amendment, notice of the public hearing shall be mailed to all persons
whose names appear on the latest adopted tax roll of Orange County
as owners of property within a distance of 300 feet from the exterior
boundaries of the property which is the subject of the hearing.
4. Anyone filing a written request for notification; and
5. Such other persons whose property might, in the Director's judgment,
be affected by the establishment of the use or zone requested. -
C. The notice shall be published in a newspaper having general circulation in
Cypress.
D. When a proposed zone change, zoning ordinance text amendment, or
general plan amendment affects more than 1,000 property owners, as an
alternative to the noticing requirements in subsections B(3) above, the City
may provide notice by placing a display advertisement, pursuant to the
provisions of Section 65091(a)(3) of the Government Code, not less than 10
days nor more than 30 days prior to the date of the hearing in a newspaper
having general circulation in Cypress.
35.19 Evidence of Notice
When notice of a hearing is given pursuant to this Division, the following
documentation shall be deemed sufficient to serve as proof that such notice was
given:
1. Publication - When notice is given by publication, an affidavit of publication
by the newspaper in which the publication was made.
2. Mailing - When notice is given by mail or other delivery, an affidavit or proof
of mailing /delivery must be made, showing, at a minimum, the date or dates
of mailing /delivery and the list of persons and groups to which the
mailing /delivery was made.
City of Cypress
35 -6 Zoning Ordinance
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Section 35: Administration
35.21 Hearing Procedures
A. Hearing Body
At the public hearing, the authorized hearing body shall review the
application and any pertinent materials submitted with the application, and
any report prepared by the Community Development Director or his designee
based on City staffs investigation of the application.
B. Right of Persons to Comment
1. During any public hearing, the applicant for the subject application shall
have the following rights:
The right to be represented;
The right to provide testimony; and
The right to present evidence.
2. All other persons shall have the right to comment on any relevant aspect
of the application under consideration.
C. Action of Hearing Body and Continuance of Hearings
Following the completion of testimony at a public hearing, action shall be
taken to approve, conditionally approve, deny, continue, or take under
advisement the subject of the public hearing.
If the action is taken to continue or take the matter under advisement, before
adjournment or recess the person presiding at such public hearing shall
publicly announce the time and place to which the hearing will be continued.
No further notice shall be required.
D. Notice of Decision
Following final action on an application subject to public hearing, the
Community Development Director shall mail a copy of the resolution
describing that decision and its associated findings to the applicant at the
address shown on the application. In the case of a Variance or Conditional
Use Permit, a copy of the resolution shall also be mailed to all persons who
request a copy.
35.23 Effect of Action
The decision of the hearing body shall be considered final unless a decision is
appealed pursuant to Division 4 of this Section. In all cases, the Planning
Agency shall represent the final authority.
35.25 Application Denial - Reapplication
A. Whenever an application or portion of an application has been denied or
revoked and the denial or revocation becomes final, no new application for
the same or similar request may be accepted within one (1) year of the
denial, unless the Community Development Director finds that the conditions
surrounding the application have sufficiently changed to warrant a new
application.
B. In the event that an application is denied without prejudice, then
subparagraph A shall not apply, and a new application may be submitted at
any time.
35.27 Reserved
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Section 35: Administration
Division 3. Fees and Deposits
35.29 Fees Established by Resolution
Each applicant for a land use action authorized by this zoning ordinance shall
pay those fees and costs as established by resolution of the City Council.
35.31 Refund of Fees
If an application is withdrawn prior to the advertising of a public hearing, the
applicant shall be entitled to a partial refund in accordance with policy
established by the Community Development Director.
35.33 Reserved
Division 4. Appeals and Revocations
35.35 Appeals - Jurisdiction and Authorization
A. All actions and decisions of the Community Development Director authorized
by this zoning ordinance may be appealed to the Planning Agency. All such
appeals shall be filed in writing with the City Clerk.
B. Any person may appeal a decision or action of the Community Development
Director in accordance with the terms of this Division.
35.37 Appeals - Time Limit for Filing an Appeal
All appeals must be filed within 14 calendar days of the action being appealed. If
the 14th day occurs on a holiday or weekend, the appeal period shall be
extended to the next City work day. No appeal shall be accepted after the
appeal period has expired.
35.39 Appeal - Form for Filing
A. All appeals to the Planning Agency must be submitted in writing. The appeal
must specifically state the grounds for the appeal and instances in which the
Community Development Director erred in reaching the determination.
B. An appeal fee shall be paid in accordance with the fee schedule established
by resolution of the City Council.
35.41 Appeals - Scheduling of Public Hearing
Within 30 days upon receipt of an appeal, the City Clerk shall set the matter for
public hearing. The hearing shall be noticed as provided for in Division 2 of this
Section 35 (Notice and Conduct of Public Hearings).
35.43 Appeals - Findings and Finality of Decision
A. All actions to affirm, reverse, or modify in whole or part any decision of the
Community Development Director shall be made by resolution stating the
findings for the affirmation, reversal, or modification.
B. All decisions of the Planning Agency are final, and no other appeals can be
made.
City of Cypress 35-8 Zoning Ordinance
Section 35: Administration
35.45 Revocations - Right of Revocation
Upon determination that there has been a violation of the terms or conditions of
any permit or approval granted under this zoning ordinance, or if a determination
is made that a permit or approval was obtained by deception or fraud, or has
been determined to be a public nuisance, the Community Development Director
shall have the authority to initiate revocation proceedings.
35.47 Revocations - Procedures
A. The Community Development Director shall schedule a hearing before the
Planning Agency to consider revocation of a permit or approval.
B. At least 10 days prior to the hearing, written notice of the hearing shall be
given in the same manner as was required for the original permit or approval.
The notice to the permittee shall be served either in person or by registered
mail, return receipt requested.
C. At the hearing, the Community Development Director shall present evidence
supporting the motion for permit or approval revocation. The owner of the
property, use, or business subject to the hearing shall be given the
opportunity to present reasons why the permit or approval shall not be
revoked.
D. The Planning Agency shall make a decision regarding the revocation based
upon the information presented at the hearing and shall make findings and
report its decision in writing.
35.49 Reserved
Division 5. Changes of Zone and
Zoning Ordinance Text Amendments
35.51 Intent and Initiation
A. Intent
in recognition of that fact that physical, economic, and other conditions in the
City may change over time, provisions are hereby made to allow for
amendments to the zoning map and to this zoning ordinance text in accord
with the procedures outlined in this Division 5. All such changes of zone or
zoning ordinance text amendments shall be adopted in the manner in which
other City ordinances are adopted.
B. Initiation
Sections 35.7(B) (Who May Initiate an Application) of this ordinance sets
forth the requirements for the initiation of a change of zone and zoning
ordinance text amendment.
35.53 Measure D Restrictions on Applications and Approvals
No amendment of the PS (Public and Semi - Public) zone of the zoning map
and /or the zoning code of the City of Cypress which will allow or permit any land
use other than those permitted in the PS zone at the enactment of Ordinance
No. 790 or July 31, 1987 shall be valid or effective for any purpose unless and
until such amendment shall have been approved by a majority of those voters of
the city voting thereon at any regular or special municipal election. The City
Council shall approve any such amendments approved by it to said voters
pursuant to the provisions of Section 4017 of the Election Code of the State of
California.
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Section 35: Administration
35.55 Investigation by the Community Development Director
The Community Development Director shall investigate the application and
proposal, including the analysis of precedent cases as appropriate, and shall
prepare a report outlining facts and a recommendation relating to the application.
The report shall be provided to the Planning Agency and the applicant prior to
any scheduled public hearing on the application.
35.57 Planning Agency Proceedings
A. A public hearing before the Planning Agency shall be noticed and conducted
pursuant to the provisions of Division 2 of this Section 35 (Notice and
Conduct of Public Hearings).
B. At the public hearing, the Planning Agency shall review the application
and proposal and may receive evidence as to how or why the proposed
change of zone or zoning ordinance text amendment is consistent with
the objectives of this zoning ordinance, the General Plan, and
development policies of the City.
C. If the Planning Agency acts to approve the application or approve in
modified form, the Planning Agency shall introduce an ordinance to
amend the zoning map or the zoning ordinance text, whichever is
appropriate.
35.59 Alternate Zones That May Be Considered
A. In the course of a public hearing to consider a change of zone
application, the Planning Agency may determine that an alternative zone
classification is desirable. The Planning Agency may approve the
alternative zone classification in accord with the following criteria:
Proposed Zone Described Alternative Zone Classifications
In Public Hearing Notice That May Be Considered
RS -15000 None
RS -6000 RS -15000
RM -20 /A Any other residential zone
OP -10000 None
CN -10000 None
CG -10000 OP -10000
CH -10000 OP- 10000, CG -10000
BP -20000 None
ML -10000 BP -20000
MHP, PRD, PC, PS, (CC) None
B. To accommodate the consideration of these alternative zone classifications
by the Planning Agency, the public hearing notice shall include a description
of the alternative zone classifications that the Agency could consider.
35.61 Findings Required
The Planning Agency shall be required to make the following findings of fact
before approving a change of zone or zoning ordinance text amendment:
1. That the proposed amendment is consistent with the goals, policies, and
objectives of the General Plan; and
2. That the proposed change of zone will not adversely affect surrounding
properties.
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35.62 Changes to the Zoning Map
A change in zone boundaries shall be indicated by listing on the zoning map
the number of the ordinance amending the map.
35.63 Reserved
Division 6. General Plan Amendments
35.65 Initiation
Amendments to the General Plan text or maps may be initiated in the same
manner as a change of zone or zoning ordinance text amendment, as
provided for in Section 35.7(B) (Who May Initiate an Application).
35.67 Measure D Restrictions on Applications and Approvals
No amendment of the General Plan may be undertaken by any body or
individual in any manner inconsistent with the terms set forth in Section 35.53
(Measure D Restrictions on Applications and Approvals) regarding the PS
(Public and Semi - public) Zone. Any prior amendment of the General Plan
undertaken after July 1, 1986 regarding the PS Zone is hereby revoked.
35.68 Restrictions on Amendments from Manufacturing to Residential
A. Any provision of the State planning and zoning law to the contrary, any
proposal to amend the General Plan by changing a property designated
for manufacturing use to allow residential use shall require a public vote.
Such General Plan amendment shall become effective only if approved
by a majority of those voters voting on said proposed amendment at any
succeeding regular or special City election.
The procedures governing the submission of such an amendment to the
voters shall be the same as those that apply to a measure submitted to
the voters pursuant to Section 4019 of the Elections Code of the State of
California.
B. For the purpose of this Section 35.67, the following terms shall have the
following meaning:
1. Property designated for manufacturing use shall mean all or any
portion of any property classified for manufacturing and /or industrial
use in the Land Use Element of the General Plan on the effective
date of Ordinance No. 543, or which is subsequently so classified;
and
2. Residential use shall include any and all forms of dwelling units,
including single - family detached, single - family attached, mobile
homes, and multiple - family units.
35.69 Investigation by the Community Development Director
The Community Development Director shall investigate the application and
proposal, including the analysis of precedent cases as appropriate, and shall
prepare a report outlining facts and a recommendation relating to the
application. The report shall be provided to the Planning Agency and the
applicant prior to any scheduled public hearing on the application.
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35.71 Planning Agency Proceedings
A. A public hearing before the Planning Agency shall be noticed and
conducted pursuant to the provisions of Division 2 of this Section 35
(Notice and Conduct of Public Hearings).
B. At the public hearing, the Planning Agency shall review the application
and proposal and may receive evidence as to how or why the proposed
general plan amendment is consistent with the overall objectives the
General Plan and development policies of the City.
C. The Agency's action to adopt or amend the General Plan shall be by
formal resolution.
35.73 Findings Required
Prior to approving or recommending approval of a General Plan amendment,
the Planning Agency shall make the following findings:
1. That the proposed amendment is in the public interest, and that there will
be a community benefit resulting from the amendment;
2. That the proposed amendment is consistent with the other goals, policies,
and objectives of the General Plan;
3. That the proposed amendment will not conflict with provisions of the
zoning ordinance, subdivision regulations, or any applicable specific plan;
and
4. In the event that the proposed amendment is a change to the land use
policy map, that the amendment will not adversely affect surrounding
properties.
35.75 Reserved
Division 7. Conditional Use Permits
35.77 Intent and Purpose
A. The City recognizes that certain uses, due to the nature of use, intensity,
or size, require special review to determine if the use proposed, or the
location of that use, is compatible with surrounding uses, or through the
imposition of development and use conditions, can be made compatible
with surrounding uses. The Conditional Use Permit is provided for this
purpose.
B. To ensure compatibility with zoning regulations and surrounding
properties, conditional uses require special consideration. The Planning
Agency is empowered to grant and deny applications for Conditional Use
Permits and to impose reasonable conditions upon the granting of such
permit.
35.79 Application Restrictions
Applications for Conditional Use Permits may be submitted only for those
uses specified as allowable conditional uses in the applicable zone district.
A Conditional Use Permit is not a substitute for a change of zone or zoning
ordinance text amendment.
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35.81 Proceedings
A. Community Development Director Investigation
The Community Development Director shall investigate the application
and proposal, including the analysis of precedent cases as appropriate,
and shall prepare a report outlining facts and a recommendation relating
to the application. The report shall be provided to the Planning Agency
and the applicant prior to any scheduled public hearing on the application.
B. Planning Agency Proceedings
1. A public hearing before the Planning Agency shall be noticed and
conducted pursuant to the provisions of Division 2 of this Section 35
(Notice and Conduct of Public Hearings).
2. At the public hearing, the Planning Agency shall review the
application and proposal and may receive evidence concerning the
proposed use and the proposed conditions under which it would be
operated or maintained, particularly with respect to the findings
prescribed in Section 35.85 (Required Findings).
3. Within 21 days following the close of the public hearing, the Planning
Agency shall act to approve, approve in modified form, or deny the
application. The action shall be by Resolution of the Planning
Agency.
C. Conditions May Be Imposed
In acting to approve a Conditional Use Permit, the Planning Agency shall
have the authority to impose conditions upon the granting of the permit.
Such conditions may address the physical conditions of the development,
the manner of operation of the business, or any such conditions deemed
necessary to ensure that the approved use operates in a manner that
ensures compatibility with surrounding uses and protects the public
health, safety, or general welfare, including conditions to address:
1. The payment of drainage fees;
2. Special requirements for yards, open space, buffers, fences, and
walls;
3. Installation and maintenance of landscaping;
4. Street dedications and improvements;
5. Regulation of point of vehicular access;
6. Regulation of signs;
7. Regulation of hours and methods of business operation;
8. Property maintenance;
9. Development schedules; and
10. Development standards.
Such conditions may also establish a time limit for use of the Conditional
Use Permit and special terms under which such permit can be revoked.
D. Variances May Be Considered Concurrently
In the review of a Conditional Use Permit application, the Planning
Agency may consider any concurrent application for a Variance filed and
reviewed in accordance with the procedures established by Division 2
(Notice and Conduct of Public Hearings) and Division 8 (Variances),
respectively, of this Chapter 35.
E. CUPs for Hazardous Materials Facilities
Conditional Use Permit applications for hazardous materials facilities
shall be subject to the additional review procedures set forth in Section
33 (Hazardous Materials Facilities) of this ordinance.
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35.83 Finality of Planning Agency Action and Effective Date
The action of the Planning Agency shall become final upon the adoption of
the Resolution approving the Conditional Use Permit. The decision of the
Planning Agency shall become effective upon the date that the Community
Development Department receives a signed statement from the Conditional
Use Permit grantee agreeing to the conditions of approval.
35.85 Required Findings
The Planning Agency shall make the following findings before granting a
Conditional Use Permit:
1. That the proposed location of the conditional use is consistent with the
requirements of the General Plan and the zoning district in which the site
is located; and
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental to the
public health, safety, or general welfare, nor will be materially injurious to
properties or improvements in the vicinity; and
3. That the proposed conditional use will comply with all applicable
provisions of this zoning ordinance.
35.87 Conditional Use Permit Approval Attached to the Property
A Conditional Use Permit that is valid and in effect and granted pursuant to
the provisions of this zoning ordinance shall be valid only on the property for
which it was granted and shall continue to be valid upon change of ownership
of the property or any lawfully existing building or structure on the property.
35.89 Pre - existing Conditional Use Permits
A. A conditional use legally established prior the effective date of this
ordinance, or prior to the effective date of subsequent zone changes
affecting the property supporting the conditional use, shall be permitted to
continue, provided such use is operated and maintained in accord with
the conditions prescribed at the time of establishment, if any.
B. Any alteration or expansion of a pre- existing conditional use, whereby
such expansion or alteration exceeds 10 percent of existing floor area of
the use or structure, shall be permitted only upon the granting of a new
Conditional Use Permit. Any alteration or expansion up to and including
$2,500.00 in value, as determined by the City Building Official, shall not
require a new Conditional Use Permit.
35.91 Time Limit for Implementing Conditional Use Permit
A. The grantee of a Conditional Use Permit shall have one (1) year from the
effective date of the permit to establish a right to use the permit;
otherwise, the Conditional Use Permit shall lapse and become void. For
the purposes of this section, such a right shall be established if either:
1. A building permit has been issued and construction commenced and
diligently pursued toward completion on the site for which the
Conditional Use Permit was approved; or
2. In the event no building permit is required, a certificate of occupancy
has been issued for the structure for which the Conditional Use
Permit was approved; or
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3. In the event no building permit or occupancy is required, the site for
which the Conditional Use Permit was approved is occupied and used
for the permitted purpose; or
4. Prior to the date on which the Conditional Use Permit will elapse, the
grantee files an application to renew the permit pursuant to
subsection C below.
B. Notwithstanding the provisions of subjection A above, for Conditional Use
Permits granted for public utility installations, the Planning Agency may
establish a period of longer than one (1) year.
C. A Conditional Use Permit subject to lapse may be renewed for an
additional one -year period, provided that the application for renewal is
filed with the Community Development Department prior to the expiration
date.
D. The Planning Agency may grant or deny an application for renewal of a
Conditional Use Permit. As part of its action, the Agency may also
modify existing conditions of approval or add new conditions to reflect
any change in circumstances related to the Conditional Use Permit and
surrounding properties.
E. If any Conditional Use Permit fails to be actively exercised for a
continuous 180 -day period, the permit shall lapse and become void.
35.93 Modification of a Conditional Use Permit
Any proposal to modify, expand, or otherwise change an active Conditional
Use Permit shall be subject to the application and review requirements set
forth in Sections 35.79 (Application Restrictions) through 35.85 (Required
Findings) above.
35.95 Suspension and Revocation
Upon violation of any applicable provision of this ordinance or, if granted
subject to conditions, upon failure to comply with conditions, a Conditional
Use Permit shall automatically be suspended. Within 40 days of the effective
date of the suspension, the Planning Agency shall hold a public hearing
pursuant to Section 35.81 (Proceedings) to consider the reasons for the
suspension. If not satisfied that permittee is complying with the regulation,
general provision, or condition, the Planning Agency may revoke the
Conditional Use Permit or take whatever action is necessary to ensure such
compliance.
35.97 Reserved
Division 8. Variances
35.99 Intent and Purpose
A. The Variance procedure is provided pursuant to Section 65906 of the
California Government Code to grant relief from zoning provisions when,
because of special circumstances applicable to a property, including size,
shape, topography, location, or surroundings, the strict application of this
zoning ordinance deprives such property of privileges enjoyed by other
property in the vicinity and under the identical zoning classification.
B. Variances shall not be granted to authorize a use or activity on a property
which is not otherwise expressly authorized by the provisions of this
zoning ordinance governing that property. A Variance is not a substitute
for a zone change, zone text amendment, or Conditional Use Permit.
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C. Financial hardship in and of itself does not represent grounds on which to
file a Variance application to gain relief from zoning provisions.
35.101 Special Application Requirements
In addition to the application filing requirements established in Section 35.7
(Application Procedures), the applicant shall file a statement of the precise
nature of the Variance requested and the practical difficulty or unnecessary
physical hardship that would result from the strict or literal interpretation of
this ordinance, together with any other data pertinent to the application and
the making of requisite findings.
35.103 Proceedings
A. Community Development Director Investigation
The Community Development Director shall investigate the application
and proposal, including the analysis of precedent cases as appropriate,
and shall prepare a report outlining facts and a recommendation relating
to the application. The report shall be provided to the Planning Agency
and the applicant prior to any scheduled public hearing on the application.
B. Planning Agency Proceedings
1. A public hearing before the Planning Agency shall be noticed and
conducted pursuant to the provisions of Division 2 of this Section 35
(Notice and Conduct of Public Hearings).
2. At the public hearing, the Planning Agency shall review the
application and proposal and may receive evidence concerning the
proposed Variance and the conditions which make compliance with
specific provisions of this ordinance difficult.
3. Within 21 days following the close of the public hearing, the Planning
Agency shall act to approve, approve in modified form, or deny the
application. The action shall be by Resolution of the Planning
Agency.
35.105 Finality of Planning Agency Action and Effective Date
The action of the Planning Agency shall become final upon the adoption of
the Resolution approving the Variance. The decision of the Planning Agency
shall become effective upon the date that the Community Development
Department receives a signed statement from the Variance grantee agreeing
to any conditions which may be imposed upon the approval.
35.107 Required Findings
A. General
In granting a Variance, the Planning Agency must make the following
findings:
1. That the strict or literal interpretation and application of this ordinance
would result in practical difficulties or unnecessary hardships inconsistent
with the general purpose and intent of this ordinance, or would deprive
applicants of privileges granted to others in similar circumstances; and
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or the intended development of the
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property that do not apply generally to other property in the same zone;
and
3. That the granting of such Variance will not constitute the granting of a
special privilege inconsistent with the limitations on other properties in the
vicinity classified in the same zone; and
4. That the granting of such Variance will not be materially detrimental to the
public health, safety, or general welfare nor injurious to property or
improvements in the zone or neighborhood in which the property is
located; and
5. That the granting of such Variance will not create any inconsistency with
any objective contained in the General Plan.
B. Antennas
In granting a Variance for the installation and operation of an antenna,
the Planning Agency shall review the criteria and make findings contained
in Section 19.23 (Antennas - Criteria for Granting Variances) of this
ordinance.
35.109 Signs - Additional Findings
In addition to the findings cited above in Section 35.107 (Required Findings),
the Planning Agency shall make the following findings for the granting of a
Variance relating to signs:
1. That the granting of the Variance will not detract from the attractiveness
or orderly appearance of the City or the surrounding neighborhood; and
2. That the granting of the Variance will not create a hazard to public safety.
35.111 Parking - Additional Findings
In addition to the findings cited above in Section 35.107 (Required Findings),
the Planning Agency shall make the following findings for the granting of a
Variance relating to off - street parking:
1. That neither present nor future anticipated traffic volumes generated by
the use or use of the site in question require the strict interpretation and
/or application of the off- street parking regulations; and
2. That the granting of the Variance will not result in the parking or loading
of vehicles on public streets in such a manner as to interfere with the free
flow of traffic on the streets.
35.113 Variance Attached to the Property
A Variance that is valid and in effect and granted pursuant to the provisions
of this zoning ordinance shall be valid only on the property for which it was
granted and only for the improvements for which it is granted and further,
shall continue to be valid upon change of ownership of the property or any
lawfully existing building or structure on the property.
35.115 Time Limit for Implementing a Variance
A. The grantee of a Variance shall have one (1) year from the effective date
of the approval to establish a right to use the approval; otherwise, the
Variance shall lapse and become void. For the purposes of this section,
such a right shall be established if either:
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1. A building permit has been issued and construction commenced and
diligently pursued toward completion on the site for which the
Variance was approved; or
2. In the event no building permit is required, a certificate of occupancy
has been issued for the structure for which the Variance was
approved; or
3. In the event no building permit or occupancy is required, the site for
which the Variance was approved is occupied; or
4. Prior to the date on which the Variance will elapse, the grantee files
an application to renew the permit pursuant to subsection B below.
B. A Variance subject to lapse may be renewed for an additional one -year
period, provided that the application for renewal is filed with the
Community Development Department prior to the expiration date.
C. The Planning Agency may approve or deny an application for renewal of
a Variance. As part of its action, the Agency may also modify existing
conditions of approval or add new conditions to reflect any change in
circumstances related to the Variance and surrounding properties.
35.117 Revocation
A Variance granted subject to conditions may be revoked by the Planning
Agency if the grantee does not comply with the conditions. The Community
Development Director shall provide written notice of the pending revocation
to the grantee via certified mail or other acceptable means of verifying
delivery. Within 40 days of said notice, the Planning Agency shall hold a
public hearing pursuant to Section 35.103 (Proceedings) to consider the
reasons for the revocation. If not satisfied that permittee is complying with
the Variance conditions, the Planning Agency may revoke the Variance of
take whatever action is necessary to ensure such compliance.
35.119 Reserved
Division 9. Adjustments
35.121 Intent and Purpose
The Adjustment procedure is established to grant minor relief from
development standards, under limited circumstances, when the granting of
such relief will provide for better design and function of the structure, or
addition to a structure, proposed.
35.123 Applicability
A. For the purposes of this Section, an Adjustment application shall be filed
pursuant to the provisions of Section 35.7 (Application Procedures)
whenever any one of the following deviations from the provisions of this
zoning ordinance is proposed:
1. A decrease of not more than 10 percent of the minimum required lot
area, lot width, or lot depth.
2. A decrease of not more than 20 percent of the minimum required
side yard width or yard width between buildings.
3. A decrease of not more than 20 percent of the minimum required
front or rear yard.
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4. In the RS -6,000 and RS- 15,000 zone districts, a decrease in the
required interior side yard setback to a minimum of three (3) feet for
the purpose of constructing a room addition to the primary dwelling
unit. The room addition shall maintain the same or greater setback
distance from the interior side lot line as the primary dwelling.
Garages and other accessory structures shall not be used to justify a
reduced interior side yard setback.
5. An increase of not more than 20 percent in the permitted maximum
height of a fence or wall, subject to the review and conditions of the
Building Official.
6. An increase of not more than 10 percent of the permitted projection
of steps, stairways, landings, eaves, overhangs, masonry chimneys,
and fireplaces into any required front, rear, or side yard or yard
between buildings.
7. An increase of not more than 10 percent of the maximum permitted
height of signs or maximum permitted sign area.
8. An increase of not more than 10 percent of the maximum allowable
lot coverage.
9. An increase of not more than 10 percent of the maximum permitted
height of buildings.
10. A decrease of not more than 10 percent in the number of required
parking spaces.
B. The Adjustment procedure may also be used by the Community
Development Director to grant a permit for any agricultural or animal
husbandry activity conducted primarily for educational purposes or school
credits.
35.125 Application Requirements
In addition to the application filing requirements established in Section 35.7
(Application Procedures), the applicant shall file a statement of the precise
nature of the Adjustment requested and reasons for the request.
35.127 Proceedings
A. Community Development Director Investigation
The Community Development Director shall investigate the application
and proposal, including the analysis of precedent cases as appropriate,
and shall prepare a report outlining facts and a recommendation relating
to the application.
B. Community Development Director Action
1. Based on the investigation undertaken pursuant to A above, the
Director shall act to approve, approve with conditions, or deny the
Adjustment application.
2. In granting an Adjustment, the Director shall make findings of fact that
establish the circumstances appropriate for the approval.
3. Action on an Adjustment application shall be taken within 30 days of
the date the application is deemed complete.
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35.129 Appeal of Community Development Director's Decision
If the Community Development Director denies an Adjustment application, or
if the applicant disagrees with any conditions imposed on the granting of an
adjustment, the applicant may file for a Variance pursuant to the provisions of
Division 8 of this Section 35 (Variances).
35.131 Adjustment Approval Attached to the Property
An Adjustment that is valid and in effect and granted pursuant to the
provisions of this zoning ordinance shall be valid only on the property for
which it was granted and only for the improvements for which it is granted
and further, shall continue to be valid upon change of ownership of the
property or any lawfully existing building or structure on the property.
35.133 Time Limit for Using Adjustment
A. The grantee of an Adjustment shall have one (1) year from the effective
date of the approval to establish a right to use the approval; otherwise,
the Adjustment shall lapse and shall become void. For the purposes of
this section, such a right shall be established if either:
1. A building permit has been issued and construction commenced and
diligently pursued toward completion on the site for which the
Adjustment was approved; or
2. In the event no building permit is required, a certificate of occupancy
has been issued for the structure for which the Adjustment was
approved; or
3. In the event no building permit or occupancy is required, the site for
which the Adjustment was approved is occupied; or
4. Prior to the date on which the Adjustment will elapse, the grantee files
an application to renew the permit pursuant to subsection B below.
B. An Adjustment subject to lapse may be renewed for an additional one -
year period, provided that the application for renewal is filed with the
Community Development Department prior to the expiration date.
C. The Community Development Director may approve or deny an
application for renewal of an Adjustment. As part of the action, the
Director may also modify existing conditions of approval or add new
conditions to reflect any change in circumstances related to the
Adjustment and surrounding properties.
35.135 Reserved
Division 10. Temporary Use Permits
35.137 Intent and Purpose
A. The Temporary Use Permit is established to allow certain uses to operate
for limited, defined periods at locations throughout the City, provided the
uses are regulated so as to avoid adverse impacts on the neighborhoods
in which they locate.
B. Temporary Use Permit applications may only be considered for
properties located within zoning districts where such temporary uses are
allowed. The land use regulations contained in Sections 9 through 15 of
this zoning ordinance indicate where such conditions apply.
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35.139 Proceedings
A. An application shall be filed pursuant to the provisions of Section 35.7
(Application Procedures). Upon acceptance of a Temporary Use Permit
application as complete, the Community Development Director or his
designee shall review the application for conformance with the provisions
of this zoning ordinance. No public hearing shall be required. Based on
this review, the Director shall act to approve, conditionally approve, or
deny the application.
B. Within 14 days of receiving a completed application, the Director shall
issue a statement of his decisions and findings. The report shall recite,
among other things, the facts and reasons for granting or denying the
application. The report shall be provided to the applicant.
C. The Community Development Director shall have the option to refer the
application to the Planning Agency for disposition of the request.
35.141 Conditions of Approval
A. In granting a Temporary Use Permit, the Director may impose conditions
on a use to include, but not be limited to:
1. Hours of operation;
2. Walls or fences;
3. Signs;
4. Lighting; or
5. Other conditions deemed necessary to protect the public health,
safety, and general welfare.
B. Specific conditions shall apply to specific temporary uses, as set forth in
Section 35.145 (Specific Conditions for Specific Uses) below.
35.143 Bond Required
Prior to the issuance of a Temporary Use Permit, a cash bond shall be
deposited with the Finance Department for the purpose of defraying the costs
of property cleanup by the City, in the event the permittee fails to do the
same. The amount of the cash bond shall be established by the Community
Development Director in the use permit conditions of approval.
35.145 Specific Conditions for Specific Uses
A. General
Each site occupied by a temporary use shall be left free of debris, litter,
or any other evidence of the temporary use, including removal of off -site
signs, and shall thereafter be used only in accord with the requirements
of the zone district in which the site is located.
B. Art and Craft Shows and Exhibits
Outdoor art and craft shows and exhibits shall be limited to 15 days of
operation or exhibition within any 90 -day period.
C. Campaign Office
Campaign offices shall be limited to not more than 70 days of continuous
use within any 365 -day period.
D. Caretaker Mobile Home
On the site of an active construction project, one mobile home residence
may be provided for the purpose of providing a 24 -hour security
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presence. Such residence shall be removed upon issuance of an
occupancy permit for the primary permitted use.
E. Circuses, Carnivals, and Similar Uses
Circuses, carnivals, and similar transient amusement and entertainment
enterprises shall be subject to the provisions of Chapter 15, Article III of
the Code of the City of Cypress.
F. Christmas Tree, Pumpkin, and Similar Seasonal Outdoor Sales
1. A temporary seasonal sales facility shall not be open for business
more than a total of 40 days during any one calendar year.
2. A permitted temporary seasonal sales facility shall not engage in the
sale of any merchandise not directly associated with the specific
holiday for which the sale in being held.
3 After the holiday, the facility shall be removed and the premises
cleared of all debris and restored to at least as good a condition as
existed prior to the establishment of the facility.
4. The Community Development Director may impose any other
conditions deemed necessary to protect general health, welfare, and
peace of the surrounding area.
G. Contractor's Office and Storage Yards
A temporary contractor's construction office, used during the construction
of a main building or buildings on the same site, as well as construction
materials associated with the construction project, shall be permitted
subject to the following conditions:
1. The temporary office may consist of a manufactured home,
commercial coach, self- contained recreational vehicle, or mobile
office, provided the structure or vehicle is erected or installed in
accordance with Uniform Building Code requirements for temporary
construction offices.
2. A temporary construction office shall be removed or shall be
converted to a permitted use prior to the issuance of a certificate of
use and occupancy for the main building or buildings. If construction
is phased over a length of time, the permit may provide that
certificates of use and occupancy may be issued for completed
buildings.
3. Prior to the last buildings in a tract or phase being granted certificates
of occupancy, the temporary construction offices shall be removed or
converted into permanent structures, where permitted.
H. Corporate or Company Outdoor Events
Corporate or company outdoor special events such as parties,
promotional events, and celebrations that involve employees and /or
clients of the corporation or company sponsoring the event shall be
limited to one (1) such event per calendar quarter.
I. Parking Lot and Other Outdoor Sales
1. Parking lot and other outdoor sales sponsored by merchants with
valid business licenses issued by the City of Cypress shall be limited
to one (1) sale per calendar quarter.
2. Rummage and other outdoor sales sponsored by local, nonprofit
organizations shall be limited to one (1) sale every six (6) months.
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J. Religious, Patriotic, Historic, and Similar Displays
The display of religious, patriotic, historic, and similar displays or exhibits
within yards, parking areas, or landscaped areas shall be limited to not
more than 30 days in any one -year period for each exhibit.
K. Vehicle Sales
Vehicle sales on private property shall be limited to five (5) days per
event per calendar quarter. Any request for additional display time must
be approved by the Planning Agency.
35.146 Promotional Banners
Temporary banners advertising or promoting special events shall be
regulated as set forth in Section 29 (Signs) of this ordinance.
35.147 Other Temporary Uses
Additional uses other than those listed in Section 35.145 (Specific Conditions
for Specific Uses) determined by the Planning Agency, pursuant to Section
3.3 of this ordinance, to be similar to a listed use may be permitted subject to
conditions prescribed by the Community Development Director in the issuing
of a Temporary Use Permit.
35.148 Extension of Temporary Use Permit
Upon written application, the Community Development Director may extend
the time within which temporary uses may be operated, up to a maximum of
90 days. The Director may also modify the limitations under which such uses
may be conducted, if he determines that such extension or modification is in
accord with the purposes of this zoning ordinance.
35.149 Reserved
Division 11. Design Review
35.151 Intent and Purpose
The Design Review process is established to achieve the following
objectives:
1. To ensure that development, buildings, or structures will conserve the
values of adjacent properties and will not prove detrimental to the
character of buildings or uses already established in the area.
2. To ensure that proposed development will properly relate to its site and to
surrounding sites and structures, and to prevent the erection of structures
that would be inharmonious with their surroundings.
3. To ensure that sites, projects, and structures subject to Design Review
are developed with due regard for the aesthetic qualities of the natural
terrain and landscape, and that trees and shrubs are not indiscriminately
destroyed.
4. To ensure that the design and exterior architecture of proposed
structures will not be so at variance with either the design or exterior
architecture of the structure already constructed or being constructed in
the immediate neighborhood as to cause a substantial depreciation of
property values in the neighborhood.
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5. To ensure that open spaces, parking areas, and landscaping are
designed to enhance the visual and physical use of the property and to
screen deleterious uses.
6. To ensure that proposed development complies with all of the provisions
of this ordinance.
35.153 Applicability
The Design Review Process shall be required prior to the issuance of any
building permit for the following:
1. Single- family residential subdivisions with two (2) or more units.
2. Multiple - family developments.
3. Mobilehome parks.
4. Additions to residential structures that exceed the maximum height of the
original structure (see Section 9.5(c)(3)).
5. Commercial and industrial developments.
6. Public and semi - public uses.
7. Satellite dish antenna.
8. Signs, as set forth in Section 29.5 (Design Review for Signs - When
Required) of this ordinance.
35.155 Design Review Committee - Establishment and Responsibilities
A. A Design Review Committee, comprised of City staff, is hereby
established for the purpose of conducting design review.
B. The Design Review Committee shall be responsible for reviewing
relevant applications for conformance with the provisions of this
ordinance and in particular, for conformance with the design standards
and principles set forth in this Division 11.
C. In performing the duties of Design Review, the Committee shall be
guided by the statement of Design Review purpose set forth in Section
35.151 (Intent and Purpose) above. Further, the Committee shall work to
bar the unsightly, the inharmonious, the monotonous, and the hazardous
to ensure that proposed improvements will not impair the desirability of
investment or occupancy nearby. However, originality in site planning,
architecture, landscaping, and graphic design shall not be suppressed.
D. Review by the Committee shall include exterior design, materials,
textures, colors, and means of illumination but shall not consider
elements of design that are not visible beyond the boundaries of the site.
The Committee shall be guided by the principal of consistency in the use
of material and color control, recognizing that visual interest should be
created through original design rather than through the application of
cosmetic ornament.
35.157 Plans and Drawings to be Submitted
In addition to meeting all of the other applications requirements of this
ordinance, projects subject to Design Review shall be required to have the
following materials submitted to the Community Development Department:
1. A site plan, drawn to scale, showing the proposed location of structures
and other improvements including, where appropriate, driveways,
pedestrian walks, off - street parking areas, landscaped areas, fences, and
walls. The site plan shall indicate the locations of off - street parking areas,
including entrances and exits, and the direction of traffic flow into and out
of off - street parking areas.
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2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained on the site; the
location and design of landscaped areas and the varieties and sizes of
plant materials to be planted therein; and other landscape features,
including sprinkler and irrigation systems.
3. Architectural drawings or sketches, drawn to scale, including floor plans
in sufficient detail to permit computation of yard requirements and
showing all elevations of the proposed structures as they will appear
upon completion. All exterior surfacing materials and colors shall be
specified.
4. Accurate scale drawings of all signs indicating sign size, material, color,
and illumination, if any.
5. Grading and drainage plans.
6. Such other data as may be required to permit the Design Review
Committee to ensure that the purposes of this section are satisfied.
35.159 Proceedings
A. Within 45 days of the date the drawings are submitted and deemed by
the Community Development Director to be complete, the Design Review
Committee shall approve, conditionally approve, or disapprove the plans
and drawings, or shall request the applicant to revise them. Failure of the
Committee to act within 45 days shall be deemed approval of the
drawings, unless the applicant consents in writing to an extension of time.
B. The decision of the Design Review Committee shall be reported to the
Planning Agency at the next regular Agency meeting following the date of
the action by the Committee.
C. In the event the Design Review Committee requests revisions to plans
and drawings and the applicant chooses not to revise plans as directed
by the Committee, and further provided that the Committee chooses
neither to approve, conditionally approve, nor disapprove the plans, the
applicant may appeal the Committee's decision not to take action to the
Planning Agency.
35.161 Effective Date of Decision
The effective date of the Committee's decision shall be the date of
acceptance by the Planning Agency and upon receipt by the Community
Development Department of an agreement signed by the applicant agreeing
to any conditions of approval.
35.163 Design Review Approval Attached to the Property
A Design Review approval that is valid and in effect and granted pursuant to
the provisions of this zoning ordinance shall be valid only on the property for
which it was granted and only for the improvements for which it is granted
and further, shall continue to be valid upon change of ownership of the
property or any lawfully existing building or structure on the property.
35.165 Time Limit for Using Design Review Approval
A. Design Review approval shall be valid for a one -year period from the
effective date of the approval. The approval shall lapse and become void
after that one (1) year unless either:
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1. A building permit has been issued and construction commenced and
diligently pursued toward completion on the site for which Design
Review approval was granted; or
2. Prior to the date on which Design Review approval will elapse, the
grantee files an application to renew the permit pursuant to
subsection B below.
B. A Design Review approval subject to lapse may be renewed for an
additional one -year period, provided that the application for renewal is
filed with the Community Development Department prior to the expiration
date.
C. The Community Development Director may approve or deny an
application for renewal of a Design Review approval. As part of the
action, the Director may also modify existing conditions of approval or
add new conditions to reflect any change in circumstances related to
project and surrounding properties.
35.167 Reserved
Division 12. Development Agreements
35.169 Intent and Purpose
Development Agreements are established pursuant Section 65884 et seq. of
the Government Code as a means of providing both the City and property
owners with assurances that development projects can be completed under
the terms, conditions, and regulations in effect at the time that authority to
proceed with a project is granted.
35.171 Authority to Apply
Pursuant to Section 65865 of the Government Code, any person having a
legal or equitable interest in real property for the development of such
property, or any person acting as the authorized agent for such property
owner, may apply to the City for a Development Agreement. Applications
shall be filed pursuant to the provisions of Section 35.7 (Application
Procedures) of this zoning ordinance, and all required application fees shall
be paid.
35.173 Agreement Contents
A. All draft and final Development Agreements shall contain the following
information:
1. The duration of the Agreement.
2. The permitted uses of the property.
3. The density or intensity of permitted use.
4. The maximum height and size of proposed buildings.
5. Provisions for reservation or dedication of lands for public purpose.
B. The Development Agreement may also contain the following information:
1. Conditions, terms, restrictions, and requirements for subsequent
discretionary actions, provided such conditions, terms, provisions,
and requirements do not prevent development of land for the
purposes and level of use set forth in the Agreement.
2. Requirements that construction be commenced within a specified
time period, and that the project or any phase thereof be completed
within a specified time frame.
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35.175 Proceedings
A. Upon receiving a Development Agreement application, the Community
Development Director shall make a determination as to whether the
application is complete. If deemed incomplete, the application shall be
returned to the applicant for further information. If deemed complete, the
Director shall review the application and determine the additional
requirements necessary to complete the Agreement.
B. The Director shall prepare a report outlining facts and recommendations
relative to the application. The report shall be provided to the City
Council and the applicant prior to any scheduled public hearing on the
application.
C. A public hearing before the City Council shall be noticed and conducted
pursuant to the provisions of Division 2 of this Section 35 (Notice and
Conduct of Public Hearings).
D. At the public hearing, the City Council shall review the application and
proposal and may receive evidence as to how or why the proposed
Development Agreement is consistent with the overall objectives the
general plan and development policies of the City.
E. Within 21 days following the close of the public hearing, the City Council
shall act to approve, approve in modified form, or deny the application.
35.177 Findings and Decision
A. Findings Required
When acting to approve a Development Agreement application, or
approve in modified form, the City Council shall be required to make the
following findings that the Agreement:
1. Is consistent with the objectives, policies, general land uses, and
programs specified in the General Plan and any applicable specific
plan;
2. Is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is
located;
3. Is in conformity with public convenience, general welfare, and good
land use practice; and
4. Will not be detrimental to the public health, safety, and general
welfare.
B. Adoption by Ordinance
If the City Council approves the Development Agreement, it shall do so
by the adoption of an ordinance, which shall be subject to referendum.
After the ordinance approving the Development Agreement takes effect,
the City may enter into the Agreement.
35.179 Amendment or Cancellation
A. Initiation of Amendment or Cancellation
Either the City or other parties to a Development Agreement may
propose an amendment to or cancellation in whole or in part of an
Agreement previously entered into.
B. Procedure
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The procedure for proposing and adoption of an amendment to or
cancellation in whole or in part of a Development Agreement is the same
as the procedure for entering into an Agreement as set forth in Sections
35.175 (Proceedings) to 35.177 (Findings and Decision) above.
However, for instances in which the City initiates the proposed
amendment to or cancellation in whole or in part of the Development
Agreement, at least 30 days prior to the hearing to consider the
amendment of cancellation, the City shall give notice to the parties to the
Agreement of the City's intention to initiate such proceedings.
35.181 Recordation Required
Within 10 days after the City enters into a Development Agreement, the City
Clerk shall have the Agreement recorded with the County Recorder. If the
parties to the Agreement, or their successors in interest, amend or cancel the
Agreement as provided in Government Code Section 65868, or if the City
terminates or modifies the Agreement as provided in Government Code
Section 65865.1 for failure of the applicant to comply in good faith with the
terms or conditions of the Agreement, the City Clerk shall have notice of such
action recorded with the County Recorder.
35.183 Periodic Review
A. Time for and Initiation of Review
The City shall review the Development Agreement at least once every 12
months from the date the Agreement is entered into.
B. Notice of Periodic Review
The Community Development Director shall begin the review proceedings
by giving notice to the property owner that the City intends to undertake a
periodic review of the Development Agreement. The Director shall give
the notice at least 10 days in advance of the time at which the matter will
be considered.
C. Delegation to Community Development Director
The periodic review provided for in this subsection shall be conducted by
the Community Development Director.
D. Public Hearing
The Community Development Director shall conduct a public hearing
pursuant to the provisions of Division 2 of this Section 35 (Notice and
Conduct of Public Hearings) at which the property owner must
demonstrate good faith compliance with the terms of the Agreement. The
burden of proof on this issue shall be upon the property owner.
E. Findings upon Public Hearing
The Community Development Director shall determine upon the basis of
substantial evidence whether or not the property owner has, for the
period under review, complied in good faith with the terms and conditions
of the Agreement.
F. Procedure upon Findings
1. If the City finds and determines on the basis of substantial evidence
that the property owner has complied in good faith with the terms and
conditions of the Agreement during the period under review, the
review for that period shall be concluded.
2. If the City finds and determines on the basis of substantial evidence
that the property owner has not complied in good faith with the terms
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and conditions of the Agreement during the period under review, the
City may modify or terminate the Agreement. Modification or
termination proceedings shall occur as set forth in Section 35.179(B)
(Procedure).
In the course of a hearing to consider a modification or termination,
the City Council may refer the matter back to the Community
Development Director for further proceedings or report and
recommendation. The City Council may impose conditions to its
action as it sees necessary to protect the interests of the City.
35.185 Reserved
Division 13. Covenants for Easements
35.187 Intent and Purpose
This section is established pursuant to Sections 65870 through 65875 of the
Government Code for the purpose of providing a mechanism for the City to
create an easement independent of the subdivision process.
35.189 Applicability
The provisions of this Division 13 shall only apply when:
1. The covenant for easement is for:
a. Parking;
b. Ingress, egress, or emergency access;
c. Light and /or air access;
d. Landscaping; and /or
e. Open space purposes.
2. At the time of recording the covenant of easement, all the real property
benefitted or burdened by said covenant shall be in common ownership.
3. The development project for which the approval is sought is not an
approval under the Subdivision Map Act.
35.191 Proceedings
A. Whenever the City Council determines, independently or based upon the
recommendation of City staff, that a covenant of easement is needed for
one or more of the purposes identified in Section 35.189 (Applicability),
the covenant shall either:
1. Be in a form and manner approved by the City Attorney based upon
the advice of the City Engineer and Community Development
Director; or
2. Be prepared by the City Attorney. Whenever the City Attorney
prepares a covenant of easement, the City shall be entitled to
reimbursement from the applicant for the costs associated therewith.
B. Whenever the City Council determines, independently or based upon the
recommendation of City staff, that a covenant of easement is needed for
one or more of the purposes identified in Section 35.189 (Applicability),
the approval, permit, or designation shall not become effective unless or
until said covenant of easement is recorded.
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35.193 Content of Covenant
Any covenant for easement prepared pursuant to this Division 13 shall
contain, at a minimum, the following elements:
1. Identification of the owner and /or owners of the real property to be
burdened, including a statement that both the burdened and benefitted
parcels are under common ownership;
2. A consent to the covenant for easement and the recording thereof by the
record owner and /or owners to the covenant;
3. Identification of the real property to be benefitted and to be burdened by
the covenant, including a legal description of the same;
4. A statement that the covenant shall act as an easement pursuant to
Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2
of the California Civil Code, including an express statement that the
easement and covenant for easement shall not merge into any other
interest in real property pursuant to California Government Code Section
65871(b);
5. Statement that the covenant for easement shall run with the land, be
binding upon all successors in interest to the burdened real property,
inure to all successors in interest to the real property benefitted, and shall
be subject to California Civil Code Section 1104;
6. Identification of the approval, permit, or designation granted which
required the covenant;
7. A statement identifying the Cypress City Code Section which sets forth
the procedure for release of the covenant;
8. An appropriate section for execution of the covenant for easement by the
record owner or owners of the subject real property.
35.195 Release of Covenant
A. Authority to Request to Release Covenant
Any person may request that the City Council make a determination as to
whether or not the restriction imposed by the covenant for easement is
still necessary to achieve the City's land use goals. A person shall be
entitled to only one (1) such determination in any 12 -month period.
B. Proceedings
1. To obtain a determination mentioned in A above, a "request for
determination" application shall be made and filed with the City Clerk.
The application shall include a fee as set by resolution of the City
Council.
2. Upon receipt of a completed application, the City Clerk shall set the
matter for public hearing before the City Council and cause notice
thereof to be given pursuant Division 2 of this Section 35 (Notice and
Conduct of Public Hearings).
3. At the conclusion of the public hearing, the Council shall determine
and make a finding, based upon substantial evidence in the record,
whether or not the restriction imposed by the covenant for easement
is still necessary to achieve the land use goals of the City. If the
Council determines that the covenant is still required, the Council
shall by resolution determine that the need still exists.
4 If the City Council finds that the covenant for easement is no longer
necessary, the Council shall by resolution make the determination
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and finding and direct the City Attorney to prepare a release for the
easement. The Resolution shall be transmitted to the City Clerk for
recording.
5. The City Council's determination in subsections 3 and 4 above shall
be final and conclusive.
35.197 Reserved
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SECTION 37. RESERVED
City of Cypress
37 -1 Zoning Ordinance
Section 39: Reserved
SECTION 39. RESERVED
City of Cypress
39 -1 Zoning Ordinance
Section 41: Definitions
SECTION 41. DEFINITIONS
Section Contents:
41.1 General
41.3 "A" Definitions
41.5 "B" Definitions
41.7 "C" Definitions
41.9 "D" Definitions
41.11 "E" Definitions
41.13 "F" Definitions
41.15 "G" Definitions
41.17 "H" Definitions
41.19 "I" Definitions
41.21 "J" Definitions
41.23 "K" Definitions
41.25 "L" Definitions
41.27 "M" Definitions
41.29 "N" Definitions
41.31 "0" Definitions
41.33 "P" Definitions
41.35 "Q" Definitions
41.37 "R" Definitions
41.39 "S" Definitions
41.41 "T" Definitions
41.43 "U" Definitions
41.45 "V" Definitions
41.47 "W' Definitions
41.49 "X" Definitions
41.51 "Y" Definitions
41.53 "Z" Definitions
41.1 General
For the purposes of this ordinance, certain words, phrases, and terms used
herein shall have the meaning assigned to them by this Section.
For general terminology used throughout this ordinance, refer to Section 1.7
(Terminology). For terminology used in this ordinance but not defined in this
Section or in Section 1.7, the definitions used in the Uniform Building Code or
accepted dictionaries of the English language shall govern.
41.3 "A" Definitions
Abut or Abutting Land - A parcel of land having a common boundary with
another parcel of land, including parcels which have no common boundary other
than a common corner.
Access or Access Way - The place, means, or way by which pedestrians and
vehicles shall have safe, adequate, and usable ingress and egress to a property
or use as required by this ordinance.
Accessory Building or Structure - A building or structure detached from, on
the same lot as, and customarily incidental and subordinate to the principal
building.
Accessory Use - A use of a portion of land or building that is customarily and
clearly incidental and subordinate to the principal use of the land or building and
is located on the same lot with such principal use. Accessory uses typically are
very small in proportion to the principal use.
Acreage, Gross - The total land area within a defined boundary before the
exclusion of public rights -of -way, public parks, and public school sites.
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Section 41: Definitions
Acreage, Net - That portion of gross acreage exclusive of public streets and all
public lands and rights -of -way. The area within the lot lines of a lot exclusive of
any dedications for public rights -of -way, public parks, and public school sites.
Addition - Any construction that is attached to an existing building or facility and
which increases the size or capacity of a building or facility in terms of site
coverage, height, length, width, or gross floor area.
Adjoining - Refers to a lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land.
Alley - A narrow service way, either public or private, that provides a
permanently reserved but secondary means of public access. Alleys are not
intended for general traffic circulation, but for services and delivery access.
Alleys typically are located along rear property lines.
Amusement Game Machine - Any mechanical, electric, or electronic device
which, upon insertions of a coin, slug, or token, operates as a game contest or
amusement through the exercise of chance or skill.
Animal Hospital - See "Veterinary Clinic."
Animal Shelter - Any public or private facility in which four (4) or more dogs or
domesticated animals over the age of four (4) months are kept, maintained or
rehabilitated for the primary purpose of facilitating transfer of ownership of such
animals to off- premise individuals.
Antenna - Any system of wires, poles, rods, reflecting discs or similar devices
used for the transmission, reception, or both of electromagnetic radiation waves.
Antenna, Amateur Radio - Any antenna used to receive and /or transmit radio
signals on the amateur radio bandwidth, as designated by the Federal
Communications Commission.
Antique Sales - A commercial business that sells only bonafide antiques, which
are defined as items over 40 years old, or collectable items manufactured within
the last 40 years. Final determination of materials suitable for sale shall be
made by the Community Development Director.
Apartment - One or more rooms with private bath and kitchen facilities
comprising an independent, self- contained dwelling unit in a building containing
two (2) or more dwelling units for rent.
Arcade - A location where four (4) or more mechanical or electronic amusement
games are located, even if the games are provided in conjunction with or as an
accessory use to another business.
Automobile Quick Tune Facility - Any facility that provides quick repair, tune -
up, oil change, or other similar services to automobiles, but where no serviced
vehicle is kept on the premises overnight.
Automobile Repair Garage - Any facility that provides general repair services to
automobiles, including but not limited to tire shops, muffler shops, transmission
shops, and upholstery shops.
Automobile Service Station - See "Service Station."
41.5 "B" Definitions
Bar - Any facility licensed by the State of California which restricts entry to
persons of legal drinking age, as established by state law, at which the sale of
alcoholic beverages, including beer, wine, and mixed drinks, is provided for
consumption on the premises.
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Section 41: Definitions
Basement - A story partly or wholly underground. A basement shall be counted
as a story for the purpose of height measurement where more than one -half of
its height is above grade.
Batting Cage - Any facility or portion thereof that provides for the timed rental of
portioned, fenced enclosures in which individuals swing a bat at baseballs or
softballs thrown in their direction through the use of an automatic mechanical
device. In addition to any other use of the land, any use or business with at least
one (1) such enclosure and device shall be considered a batting cage.
Billiard Hall - Any place of business where any of several games are played on
a table by driving small balls against one another or into pockets with a cue.
Bingo Game Operations - Any operation sponsored and run by a non - profit
organization that provides entertainment in the form of a group game in which
letters and numbers are commonly called and individually marked on a player's
game board.
Building or Lot Coverage - The percentage of the net lot area that is covered
by all the buildings and structures on a lot, including garages and open- framed
patios, but excluding uncovered parking areas.
Building Frontage - That side of a building containing the main entrance for
pedestrian entrance and exit. If more than one main entrance exists, the one
that more nearly faces or is oriented to the street of highest classification as
portrayed in the Circulation Element of the General Plan, shall be considered the
building frontage. If all streets are of the same classification, the side of the
building with the smallest lineal dimension containing a main entrance shall be
considered the building frontage.
Building Height - The vertical distance from the grade to the highest point of the
coping of a flat roof or the deck line of a mansard roof or to the highest point of
the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners,
chimneys, or other such incidental appurtenances.
Building Materials Yard - A use providing for the sales and /or distribution of
supplies or construction materials ordinarily associated with building or
construction activity, either private or commercial.
Building Site - A legally created parcel or contiguous parcels of land, in a single
or joint ownership, which provides the area and the open spaces required by this
ordinance, exclusive of all vehicular and pedestrian rights -of -way and all other
easements that prohibit the surface use of the property by the owner thereof.
Bus Shelter - Any structure located in the public right -of -way that covers or
contains bus benches.
41.7 "C" Definitions
California Environmental Quality Act (CEQA) - Section 21000 et. seq. of the
Public Resources Code that requires state, regional, county, and local agencies
to conduct environmental review for any discretionary activity proposed to be
carried out or approved by those agencies.
Carport - An accessory use consisting of an open- sided, roofed structure,
whether attached to or detached from a building, established for the parking of
vehicles.
Car Wash, Full Service - A structure containing employees and facilities for
washing automobiles using a chain conveyor or other method of moving the cars
along, and automatic or semiautomatic application of cleaner, brushes, rinse
water, and heat for drying.
Car Wash, Self- Service - A structure containing facilities for washing stationary
automobiles, including the semiautomatic application of cleaner, rinse water, and
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Section 41: Definitions
possibly heat for drying. No car - washing employees are located at a self - service
car wash.
Catering Service - An establishment that prepares and delivers food for
consumption off the premises (e.g. banquets of luncheons). A catering service
may contain kitchen facilities and may also provide dining supplies such as place
settings, tablecloths, and beverage dispensers.
Church - Any property utilized primarily as a place of worship or for conducting
religious services, and including accessory uses such as fellowship halls, offices,
permitted classrooms, and a caretaker's residence.
Clinic - An organized outpatient health facility for human patients who remain
therein Tess than 24 hours.
Club - An association of people organized for some common, non - profit purpose
to pursue common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of dues, regular meetings, a
constitution, and by -laws.
Commercial Vehicle - Any vehicle classified by the State of California as a
commercial vehicle pursuant to Vehicle Code Section 260 and which weighs
three (3) tons (6,000 pounds) or more.
Community Care Facility - Any facility, place, or building which is maintained
and operated to provide nonmedical residential care, day treatment, adult day
care, or foster family agency services for children, adults, or children and adults,
including, but not limited to, physically handicapped, mentally impaired, mentally
incompetent persons, abused or neglected people, and substance abusers;
which includes residential facilities, adult day care facilities, day treatment
facilities, foster family homes, small family homes, social rehabilitation facilities,
community treatment facilities, shelters for battered women, substance abuse
treatment facilities and social day care facilities.
Conditional Use - A use permitted on a particular site and within a zone only
upon a finding that such use in a specified location will comply with all the
conditions and standards for the location or operation of such use as specified in
this ordinance and authorized by the City Council.
Conditional Use Permit - An approval that is required for a use to be carried out
in a particular zone that is not a use permitted by right.
Condominium - The interior airspace of two (2) or more dwelling units that are
individually owned and where the balance of the property is owned in common
by the owners of the units.
Condominium Conversion - The development of land and existing structures
as a condominium, regardless of the present or prior use of such land or
structures, and regardless of whether substantial improvements have been
made to such structures.
Container - A bin, used either for commercial or private residential purposes,
provided by an approved solid waste collector for the accumulation and
collection of solid waste, recyclable materials, and green waste from any
premises in the City.
Convalescent Home or Hospital - A state - licensed facility that provides long-
term nursing, dietary, and other medical services, except surgery or primary
treatments customarily provided in a hospital, to convalescents or invalids.
Convent - See "Church"
Contractor Yard - A use providing for the storage of supplies, construction
materials, or construction equipment required in connection with a contractor
business, construction business, or similar business activity.
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Section 41: Definitions
Convenience Store - See "Mini- market."
Coverage - The percentage of total building site area covered by enclosed
structures and /or carports, but excluding uncovered steps, driveways, walks,
covered patios and lanais, terraces, and swimming pools.
41.9 "D" Definitions
Dairy Products Store, Drive -in - See "Mini- Market."
Dance Studio - Any facility in which classes are offered and held on a regular
basis that teach the techniques of any dance, aerobic routine, martial art, or
other similar activity for compensation. Such use may include facilities for the
occasional recital performance of such classes for persons enrolled in the class.
Day Care Center, Child - Any child day care facility with a capacity of more than
12 children (unless licensed as a large family day care home allowing up to 14
children). Day care centers include infant centers, nursery schools, day
nurseries, preschools, and extended day care facilities. Such a facility provides
non - medical care, on a less than 24 -hour basis, to persons under 18 years of
age in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual.
Day Care Home, Large Family - A residential home that is licensed by the State
of California as a large family day care home to provide family day care, in the
provider's own home, of up to 14 children, including children under the age of 10
years who reside at the home.
Day Care Home, Small Family - A residential home that is licensed by the State
of California to provide family day care, in the provider's home, of up to eight (8)
children, including children under the age of 10 years who reside at the home.
Day Nursery - See "Day Care Center."
Density - The total number of permanent residential dwelling units per acre of
land, exclusive of all existing public streets and rights -of -way.
Department Store - A retail facility that sells clothing, jewelry, accessories,
furniture, or other household items through a variety of separate departments,
owned by a single corporate entity and operated entirely within one building or
structure as one commercial use.
Dependent Housing - See "Second Dwelling Unit."
Design Review Committee - The committee comprised of the Community
Development Director and City Engineer, established for the purpose of
reviewing development applications for compliance with the provisions of this
ordinance, as set forth in of Section 35, Division 11 (Design Review).
Development Project - A development project consists of one or more of the
following:
(1) A project for which a building permit is required for a commercial, industrial,
or institutional structure.
(2) A project for which a building permit is required for residential structures. For
the purposes of requiring common areas for solid waste collection, a
residential development project shall be a structure containing four (4) or
more dwelling units.
Driveway - A private roadway or access way providing vehicular access to a
parking space, parking lot, garage, dwelling, or other structure.
Drought - tolerant Plant Material - Those plants that tolerate heavy clay to
sandy soil with the use of limited supplemental water. Said plants are able to
thrive with deep, infrequent watering once their root systems are established (3
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Section 41: Definitions
to 12 month average time period). Plants include those that naturally grow in
areas of limited natural water supply (native and non - native plant species) and
are adaptable to weather and soil conditions prevalent in the City of Cypress.
Drug Store - A store where the primary business is the filling of medical
prescriptions and the sale of drugs, medical devices and supplies, and non-
prescription medicines, but where non - medical products such as cards, candy,
and cosmetics are also sold.
Dry Cleaning Service - A business which offers retail laundry service, but at
which no dry cleaning services are performed on the premises.
Dry Cleaning Plant - A facility where dry cleaning is performed on the premises.
A dry cleaning plant may also contain retail laundry service.
Dwelling, Multiple - Family - A building or a portion thereof used and /or
designed as a residence with two (2) or more separate dwellings units.
Dwelling, Single - Family Attached - A dwelling unit occupied or intended for
occupancy by only one household which is structurally connected with at least
one other such dwelling unit. A single - family dwelling contains only one kitchen.
Dwelling, Single - Family Detached - A detached building containing no more
than one dwelling unit which, regardless of form of ownership, is designed and /or
used to house not more than one household, including all domestic employees of
such family. A single - family dwelling contains only one kitchen.
Dwelling, Two - Family - A building containing no more than two (2) dwelling
units.
Dwelling Unit or Dwelling - Any mobile home or building or portion thereof,
including a manufactured home or portion thereof, which contains the following:
sleeping and eating areas, sanitation as required by City Code, and one kitchen
area.
Dwelling Group - Two (2) or more single - family dwellings, multiple- family
dwellings, boarding or rooming houses, or any combination thereof, located on
one lot.
Dwelling, Guest - Accessory living quarters, attached or detached from the
primary building, which is destined to be occupied by one or more guests for
temporary lodging. A guest dwelling contains no kitchen facilities.
41.11 "E" Definitions
Educational Institution - An institution such as a private or public school,
college, or university accredited by the State Board of Education to give
academic instruction.
Emergency Shelter - A facility that provides immediate and short-term housing
and supplemental services to homeless persons or families. Supplemental
services may include food, counseling, and access to social programs.
41.13 "F" Definitions
Farm Animal - Any horse, cow, sheep, goat, rabbit, hen, rooster, or other
poultry.
Fence - A solid or open barrier other than a wall above ground intended to
enclose or mark a boundary, usually made of posts and wire or wood.
Financial Institution - An establishment or facility for the custody, loan,
exchange, or issue of money; for the extension of credit; and for facilitating the
transmission of funds.
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Section 41: Definitions
Floor Area Ratio - The total gross area of all buildings on a lot divided by the lot
area (FAR). For the purpose of calculating floor area, floor area shall (1) not
include exterior courts, garages, carports, elevator shafts, and stairwells; and (2)
be calculated based on the exterior faces of walls.
Fortune Telling Business - Any business that offers the services of an
individual who engages in, practices, or professes to practice the business or art
of astrology, phrenology, life reading, fortune - telling, cartomancy, clairvoyance,
crystal gazing, hypnotism (other than in connection with the practice of medicine)
mediumship, mesmerism, oriental mysteries, palmistry, spirits, etherealization,
numerology, physiogomy, seership, prophecy, augury, divination, magic,
necromancy, reading of tarot or other similar cards, or use of other similar occult
powers for any form of compensation.
41.15 "G" Definitions
Garage, Private - An accessory building enclosed on all sides provided for the
purpose of parking vehicles.
Garage, Public - A building other than a private garage where vehicles are
parked or stored for remuneration, hire, or sale.
General Plan - The General Plan of the City of Cypress, adopted pursuant to the
State of California Government Code Section 65301 et seq. and adopted by the
City Council.
Grade - The average level of the finished ground surfaces surrounding a
building.
Granny Flat - See "Second Dwelling Unit."
Group Home - Any residential care facility for six (6) or fewer persons.
Guest Home - See "Dwelling, Guest."
41.17 "H" Definitions
Hardscape - Decorative elements that may be combined with landscaping to
satisfy the landscaping requirements of this ordinance. Hardscape elements
include, but are not necessarily limited to, natural features such as rock and
stone; and structural features such as fountains, reflecting pools, swimming
pools, art works, screens, walls, fences, benches, and crushed granite.
Hazardous Materials Facility - Defined pursuant to the State Health and Safety
Code, Section 25117.1.
Home Occupation - Any commercial activity conducted entirely within a
particular dwelling by the inhabitants of that dwelling. Home occupations are
uses that do not interrupt or interfere with the general nature or character of the
residential neighborhood.
Homing Pigeon - A bird of the order Columbae. A homing pigeon is not
considered a "fowl" for the purposes of this ordinance. The term "homing
pigeon" shall also include and mean "racing pigeon."
Hospital - A health facility having a duly- constituted governing body with overall
administrative and professional responsibility and an organized medical staff
which provides 24 -hour inpatient care, including the following basic services:
medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and
dietary services.
Hotel - A building or group of buildings containing guest rooms, where no more
than 40 percent of the rooms have kitchens, offering transient lodging
accommodations to the general public and incidental services that are
City of Cypress
41 -7 Zoning Ordinance
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Section 41: Definitions
customarily provided by a hotel, for the convenience of hotel guests, such as
food service, recreational facilities, and retail services; and public banquet,
reception, and meeting rooms.
41.19 "I" Definitions
Improvement - Any construction, building, paving, or landscaping activity which
materially adds to the value of a facility, substantially extends its useful life, or
adapts it to new uses. Repairs performed for the purpose of maintaining a
facility in good operating condition but which do not materially add to the value of
a facility or substantially extend its useful life are not considered improvements.
Institutional Use - An organizational use of a public character including
government, educational, religious, medical, scientific research, cultural, social,
charitable, non - profit, and sometimes recreational or entertainment uses.
41.21 "J" Definitions
Junk or Salvage Yard - Any area, lot, parcel, building, or structure, or part
thereof, used for the storage, collection, processing, purchase, sale, or
abandonment of wastepaper, rags, scrap metal, or other scrap or discarded
goods, materials, machinery, or other types of junk. Junk and salvage yard uses
also include the baling of cardboard, cardboard boxes, paper, and paper cartons.
41.23 "K" Definitions
Kennel - Any public or private facility where four (4) or more dogs or
domesticated animals over the age of four (4) months, are kept or maintained for
the off - premise owners of such animals, except veterinary clinics, hospitals, and
animal shelters.
Kitchen - Any room or portion of a room which contains any combination of
facilities of sufficient size for the preparation of meals: a) one or more sinks, b) a
cooking appliance, and c) a refrigeration facility.
41.25 "L" Definitions
Landscaping - Areas devoted to, or developed and maintained predominantly
with, native or exotic plant materials including lawn, ground cover, trees, shrubs,
and other plant materials. Landscaping may also include small amounts of
accessory decorative outdoor landscape elements (i.e. hardscape) such as
pools, fountains, and paved or decorated surfaces, all of which are suitably
designed, selected, installed, and maintained to enhance a site.
Laundromat - An establishment providing washing and drying machines on the
premises for rental use to the general public for laundering of clothes.
Laundry Service - An establishment that cleans, washes, and dries clothes or
other cloth materials, either brought in and carried away by the customer or
collected and delivered primarily by the laundry service employees. A laundry
service does not contain dry cleaning facilities.
Loading Space - An off- street space or berth that is on the same lot as the
building(s) it services; abuts a street, alley, or other appropriate means of
access; and is used for the temporary parking of a commercial vehicle that is
being loaded or unloaded with merchandise, materials, or people.
Lodge - See "Club."
Lot - Land which abuts at least one public street or any numbered or otherwise
designated parcel of land which is shown on: (1) a recorded tract map, (2) a
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Section 41: Definitions
record of survey map recorded pursuant to an approved division of land, or (3) a
parcel map.
Lot, Corner - A lot or parcel of land abutting upon two or more streets at their
intersection, or upon two parts of the same street forming an interior angle of not
more than 135 degrees. (See Figure 41.25)
Lot, Cul -de -Sac - A lot located at any position on the circular portion of a cul -de-
sac street.
Lot, Depth - The average distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
Lot Frontage - The length of the defined front lot line measured at the street
right -of -way line.
Lot, Interior - A lot other than a corner lot or a reverse corner lot.
Lot, Reverse Corner - A corner lot in which the rear lot line abuts the side lot
line of the nearest lot to its rear.
Lot, Substandard - Any lot that does not meet the minimum dimensions
required by the Municipal Code.
w
W
1-
LOT FRONTAGE->'
CORNER
LOT
INTERIOR
''-LOT LENGTH
SIDE
LOT --)1
LINES
T
FRONT LOT LINE
IN `EORIOR
REAR LOT LINE
IN LEORIOR
LOT
DEPTH
CD
00
x
1-
WIDTH
STREET
CORNER
LOT LINES
BLOCK BOUNDARY
. CUL-DE-SAC
Figure 41.25
Lot Types
Lot, Through - A lot that fronts upon two streets that do not intersect at the
boundaries of the lot.
Lot Area or Size, Net - The area within a lot exclusive of any dedications for
public rights -of -way, public parks, and public school sites.
Lot Length - The average horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
Lot Line - Any line bounding a lot as defined herein.
Lot Line, Front - The line separating the narrowest street frontage of the lot
from the street right -of -way, except in those cases where the subdivision or
parcel map specifies another line as the front lot line. On through Tots or corner
lots, the Community Development Director shall determine which property line is
the front lot line.
City of Cypress
41 -9 Zoning Ordinance
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Section 41: Definitions
Lot Line, Rear - The lot line opposite and most distant from the front lot line; or
in the case of an irregularly shaped lot, a straight line not Tess than ten feet long
entirely within the lot and most nearly parallel to, and at the maximum distance
from, the front lot line.
Lot Line, Side - Any lot line other than the front or rear lot lines.
Lot Width - The average linear distance between the side lot lines measured at
right angles to the line measuring lot depth. The width should be measured at a
point midway between the front and rear lot lines.
Low Water Flow Irrigation - A system of watering plant material using
drip /trickle, reduced water emitting devices, low precipitation heads, soaker lines,
or other similar mechanisms that restricts the amount of water in gallons per
minute to allow for deep percolation into the soil. The low water flow irrigation
system, combined with watering practices outlined in this zoning ordinance, will
reduce water loss through evaporation, wind drift, and overwatering.
41.27 "M" Definitions
Manufacturing, General - A use engaged in the manufacture, predominantly
form previously prepared materials, of finished products or parts, including
processing, fabrication, assembly, treatment, and packaging of such products,
and incidental processing of extracted or raw materials.
Massage Parlor - As defined by Section 15A -1 of the City of Cypress Municipal
Code.
Mini - market - A high - volume retail facility that sells a variety of products for
consumption off - premises, including but not limited to food and beverages,
snacks, alcoholic beverages, household goods, magazines, and accessory
automobile supplies.
Mini - warehouse - A structure containing separate storage spaces of 80 square
feet or larger that are designed to be leased or rented individually.
Mobile Home - A structure designed to be used without a permanent
foundation for single - family detached residential use that has been manufactured
pursuant to the National Manufactured Housing Construction and Safety
Standards Act of 1974.
Mobile Home Space - A plot of ground within a mobilehome park or subdivision
designed to accommodate one (1) mobile home.
Mobile Home Park or Subdivision - A parcel (or contiguous parcels) of land
divided into two (2) or more mobile home lots for sale or rent.
Monastery - See "Church."
Motel - See "Hotel."
Mulch - Shredded or chipped wood from tree branches, tree trunks,
uncontaminated wood products, or lumber. This material is often mixed with
leaves and grass clippings for optimal effect.
41.29 "N" Definitions
Nonconforming Property - Any subdivision of land that was lawfully established
and in compliance with all applicable ordinances and laws at the time the
property was subdivided, but which, due to a subsequently enacted ordinance or
law, no longer complies with all the applicable regulations and standards of the
zone in which the property is located.
Nonconforming Structure - Any structure, building or improvement that was
lawfully established and in compliance with all applicable ordinances and laws at
City of Cypress
41 -10 Zoning Ordinance
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Section 41: Definitions
the time it was erected, but which, due to a subsequently enacted ordinance or
law, no longer complies with all the applicable regulations and standards of the
zone in which it is located.
Nonconforming Use - A use or activity of land that was lawfully established and
in compliance with all applicable ordinances and laws at the time it was
undertaken, but which, due to a subsequently enacted ordinance or law, no
longer complies with all the applicable regulations and standards of the zone in
which the use is located.
Nursery School - See "Day Care Center."
Nurseries and Horticulture, Retail - Land, gardens, orchards, or greenhouses
used to raise flowers, shrubs, and plants, including the sale of those items on the
premises.
41.31 "0" Definitions
Office, Professional - An office in which professional or consulting services are
provided, such as in the fields of law, architecture, design, engineering,
accounting, and similar professions.
Open Space - Any parcel or area of land or water set aside, dedicated,
designated, or reserved for public or private use or enjoyment.
Overlay Zone - A zone established by ordinance which may be applied to
properties only when combined with an underlying zone.
41.33 "P" Definitions
Parcel - An area of land, the boundaries of which have been legally established
in conformance with the State Subdivision Map Act.
Parcel Map - Parcel Map shall be defined as set forth in the subdivision
ordinance, Chapter 25 of the Code of the City of Cypress.
Parking Space - A permanent area for the parking of one (1) vehicle designed
to meet the minimum dimensions and access requirements established by the
City.
Parking Space, Covered - A parking space located within a carport, parking
structure, or similar structure that provides protection from the elements in the
form of a roof but which does not provide full enclosure or a closing and locking
door.
Parking Space, Garage - A parking space provided within an enclosed
structure, with a closing and locking door, whose primary use is the storage of
vehicles.
Parking Space, Off - Street - A permanent parking space for a vehicle which is
designed to City standards and not located on a dedicated street right -of -way.
Parking Space, On- Street - A parking space for a vehicle which is designed to
City standards and located on a dedicated street right -of -way.
Parking Space, Open - A parking space located in a designated area which
meets the dimension requirements of this ordinance but does not provide any
protection from the elements in the form of a carport, parking structure, garage,
or other structure.
Permitted Use - Any use allowed in a zone by right and subject to the
restrictions applicable to that zone.
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41 -11 Zoning Ordinance
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Section 41: Definitions
Permit - Written governmental permission issued by an authorized official,
empowering the holder thereof to engage in some activity not forbidden by law,
but not allowed without such authorization.
Pet Shop - Any premises primarily used for the sale of household pets and
supplies.
Planned Residential Development - Two (2) or more dwelling units, including
dwelling units in developments commonly known as town or row - housing,
condominiums and cluster housing, together with related land, buildings, and
structures, planned and developed as a whole single development operation or a
programmed series of operations in accordance with detailed, comprehensive
plans encompassing such elements as the circulation pattern and parking
facilities, open space, recreational areas, utilities, and lots or building sites,
together with a program for provisions, operation, and maintenance of all areas,
improvements, facilities, and services provided for common use of the residents
thereof.
Playland - A designated area associated with a fast -food, drive - through, or sit -
down restaurant that contains swings, slides, climbing bars, or other similar
structures for the primary purpose of providing entertainment to children under
the care of on- premise customers.
Pre - school - See "Day Care Center."
Principal Building /Structure - The primary or predominant building or structure
on a lot.
Principal Use - The primary or predominant use of any lot.
Project - An activity involving the issuance to a person of a permit, license,
certificate, or other entitlement.
Public Storage Facility - See "Mini- warehouse."
41.35 "Q" Definitions
Reserved
41.37 "R" Definitions
Racing Pigeon - See "Homing Pigeon."
Rebuild - The replacement/reconstruction of less than 50 percent of a building.
If 50 percent or more of a building is being replaced /reconstructed, then this is
considered new construction, not rebuilding.
Recreational Vehicle - A motorized vehicular portable structure without a
permanent foundation that can be towed, hauled, or driven; that is primarily
designed as a temporary living accommodation for recreational, camping, and
travel use; and that may include, but is not limited to, travel trailers, truck
campers, camping trailers, boats, and self - propelled motor homes.
Recyclable Materials - Paper, newsprint, printed matter, pasteboard, paper
containers, cardboard, glass, aluminum, polyethylene terephthalate and other
plastics, beverage containers, compostable materials, and other products
designated by the City Manager or the California Integrated Waste Management
Board as recyclable.
Recycling Area - A space allocated for collecting and loading recyclable
materials.
Recycling Facility - Any center for the collection of recyclable materials. A
recycling facility does not include storage containers on commercial property that
are used solely for the recycling of material generated by that business.
City of Cypress
41 -12 Zoning Ordinance
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Section 41: Definitions
Recycling facilities include reverse vending machines, small collection recycling
facilities, mobile recycling units, and large collection recycling facilities.
Replacement Cost - The actual cost to replace or reconstruct a damaged
structure, facility, or feature, as determined by the appraisal of a qualified and
approved appraiser.
Restaurant, Drive - through - A restaurant where the customers order and
receive their food by driving to one or more windows. Such restaurants may also
have driving areas for on- premises food consumption.
Restaurant, Fast -food - A restaurant that supplies food and beverages primarily
in disposable containers, and that is characterized by high automobile
accessibility, self - service, and short stays by customers.
Restaurant, Sit -down - An establishment where food and drink are prepared,
served, and consumed primarily within the principal building.
Retail, General -The selling of goods, wares, or merchandise directly to the
ultimate consumer.
Reverse Vending Machine - A mechanical device that accepts one or more
types of empty beverage containers, including aluminum cans, glass, and plastic
bottles and cartons, and issues a cash refund or a redeemable credit slip with a
value not less than the redemption value of the container. Reverse vending
machines occupying an area larger than 500 square feet, or any combination of
facilities occupying an area larger than 500 square feet, are considered recycling
facilities.
Retirement Community - A residential development designed exclusively for
occupancy by retired or aged persons.
Right -of -Way - A defined area of land, either public or private, on which a right
of passage has been recorded.
41.39 "S" Definitions
Satellite Dish Antenna - Any dish - shaped antenna designed to receive satellite
signals for the purpose of telecommunications reception.
Screening - A method of visually shielding or obscuring one abutting or nearby
structure or use from another by fencing, walls, berms, or densely planted
vegetation.
Second Dwelling Unit - A dwelling unit limited in size to 640 gross square feet,
attached to a primary residence on a parcel zoned for a single - family residence,
which is intended for the sole occupancy of one (1) adult or two (2) adult persons
who are dependents of or related by blood, marriage, or adoption to the
occupant of the primary residence.
Semi - Public - A use owned or operated by a nonprofit, religious, or charitable
institution and providing educational, cultural, recreational, religious, or similar
types of public programs.
Service Station - A retail place of business engaged primarily in the sale of
motor fuels, but also supplying goods and services required in the operation and
maintenance of motor vehicles and in fulfilling motorists' needs. For the
purposes of this definition, motor vehicle means any vehicle with a rated capacity
of one and one -half (1 ' /2) tons or less when service is provided either inside or
outside of the service station building, or all vehicles when service is limited to
sale of goods outside of the building.
Setback - The distance from a defined point or line governing the placement of
buildings, structures, parking, or uses on a lot.
City of Cypress
41 -13 Zoning Ordinance
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Section 41: Definitions
Setback Line - A line within a lot, parallel to and measured from a corresponding
lot line, forming the boundary of a required yard and governing the placement of
buildings, structures, parking, or uses on a lot.
Shared Parking - The provision of parking spaces to meet the combined peak
parking needs of more than one (1) use on a lot or abutting Tots.
Shopping Center - A group of businesses which comprise at least four (4) store
functioning as a unit, with common off - street parking provided on the property as
an integral part of the unit, and having more than 10,000 square feet of gross
parcel area in the development.
Sign - Signs are defined as established in Section 29 (Signs) of this ordinance.
Single -room Occupancy Housing - A group of dwelling units wherein each unit
contains a minimum of 175 square feet and is limited to persons of low- and
very- low- income only.
Site - Any lot or parcel of land, or combination of contiguous lots or parcels of
land, used or intended for a particular use or group of uses.
Site Plan - A plan drawn to scale, showing uses and structures proposed for a
property as required by the applicable regulations, including lot lines, streets,
grades, building sites, reserved open space, and other specific development
proposals.
Solid Waste - Solid waste shall be defined as set forth in Section 40191 of the
California Public Resources Code.
Spa - Spa shall be defined as set forth in the Uniform Building Code.
Specific Plan - Under Article 8 of the California Government Code 9 Section
65450 et.seq.), a legal tool for detailed design and implementation of a defined
portion of the area covered by a General Plan. A specific plan may include all
detailed regulations, conditions, programs, and /or proposed legislation which
may be necessary or convenient for the systematic implementation of any
General Plan element(s).
Stable, Commercial - A building or portion of a building used to shelter and feed
horses, mules, or ponies which are rented, used, or boarded on a commercial
basis for compensation.
Stable, Private - A building or portion of a building used to shelter and feed
horses, mules, or ponies which are used exclusively by the occupants of the
property on which the stable is situated.
Standards, Development - Requirements in this ordinance that govern building
and development, including, but not limited to, lot area, height Limits, frontage,
landscaping, and floor area ratio.
Standards, Performance - Requirements in this ordinance that govern the
operation and maintenance of uses in a particular zone.
Story - That portion of a building included between the upper surface of any floor
and the upper surface of the floor next above, except that the topmost story shall
be that portion of a building included between the upper surface of the topmost
floor and the ceiling above.
Street - A public thoroughfare or right -of -way, or approved private thoroughfare
or right -of -way determined by the City to be adequate for the purpose of access,
which affords the principal means of access for abutting property including
avenue, place, way, drive, land, boulevard, highway, road, or any other
thoroughfare. The word "street" shall include all major and secondary highways,
traffic collector streets, and local streets.
Structure - Structure shall be defined as set forth in the Building Code.
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41 -14 Zoning Ordinance
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Section 41: Definitions
Swimming Pool, Private - A water - filled enclosure, permanently constructed or
portable, having a depth of more than 24 inches below the level of the
surrounding land, or an above - surface pool, having a depth of more than 24
inches, designed, used, and maintained as an accessory use for swimming and
bathing by not more than three (3) owner families and their guests and intended
for non - commercial use.
Swimming Pool, Public - Any swimming pool other than a private pool.
41.41 "T" Definitions
Temporary Structure - A structure without any foundation or footings which will
be removed when the permit for the activity, or use for which the temporary
structure was erected, has expired.
Temporary Use - A use established for a fixed period of time with the intent to
discontinue such use upon the expiration of the time period.
Truck Yard - A lot, lot area, or parcel of land used, designed, or maintained for
the purpose of storing, parking, refueling, repairing, dispatching, servicing, or
keeping motor trucks and associated equipment together with those facilities
necessary to service, dispatch, store, or maintain such vehicles, their cargos,
and crews.
41.43 "U" Definitions
Use - The purpose for which land or a building is use, arranged, designed, or
intended, or for which the land or building is or may be occupied or maintained.
Utility, Public or Private - Any regulated agency which, under public franchise
or ownership, or under certificate of convenience and necessity, provides the
public with electricity, gas, heat, steam, communication, rail transportation,
water, sewage collection, or other similar service.
41.45 "V" Definitions
Variance - Permission to depart from the provision of this ordinance when, due
to special circumstances applicable to the property, strict application of the
requirements deprives such property of privileges enjoyed by other property in
the vicinity which is under identical zoning. See Division 8 of Chapter 35.
Vehicular Storage Yard - Any area, lot, parcel, building, structure, or part
thereof, used for the storage, collection, or abandonment of motor vehicles.
Veterinary Clinic - A place where animals are given medical or surgical
treatment and are cared for during the time of such treatment. Use as a kennel
shall be limited to short-term boarding and shall be incidental to such veterinary
use.
41.47 "W" Definitions
Wall - A barrier intended to mark a boundary that presents a continuous surface
except where pierced with gates, doorways, or decorative masonry. A wall is
usually constructed of concrete block, brick, concrete, stucco, or a combination
thereof.
Warehouse - A structure intended or adopted for the shipping, receiving, and
storage of goods and merchandise, and incidental or accessory activities.
Window - An opening which is an a wall of a building, designed to allow light
and /or ventilation into the building, enclosed by easement or sash, and
containing glass or other similar transparent or semi - transparent material.
City of Cypress
41 -15 Zoning Ordinance
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Section 41: Definitions
41.49 "X" Definitions
Reserved
41.51 "Y" Definitions
Yard - An open space on a developed lot that, except as otherwise provided for
in this ordinance, is unoccupied or unobstructed from the ground upwards; and,
when a yard dimension is given, it represents the minimum horizontal distance
between the lot line from which the distance must be measured and a line
parallel to the lot line.
Yard, Front - The open space extending across the full width of the front of the
lot, the depth of which is the horizontal distance between the front lot line and a
line parallel thereto on the lot.
Yard, Rear - The open space extending across the full width of the rear of a lot,
the depth of which is the horizontal distance between the rear lot line and a line
parallel thereto on the lot.
Yard, Side - The space between the main building and the side lot line,
extending from the front yard to the rear yard; the measured distance of the yard
shall represent the shortest distance between the side lot line and that portion of
the main building nearest the line from which the measurement is taken.
41.53 "Z" Definitions
Zone - A specifically delineated area or district within a municipality in which
regulations and requirements uniformly govern the use placement, spacing, and
size of land and buildings.
Zoning Map - The map or maps which are a part of this ordinance and which
delineate the boundaries of zones.
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41 -16 Zoning Ordinance
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