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Ordinance No. 867ORDINANCE NO. 867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9.3.A. "PERFORMANCE STANDARDS: RESIDENTIAL ZONES" OF THE ZONING CODE OF THE CITY OF CYPRESS RELATIVE TO RESIDENTIAL ZONES AND THE PLACEMENT OF AIR CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN THE SIDEYARD SETBACKS. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION I. Section 9.3.A., "Performance Standards: All Residential Zones," of the City of Cypress are hereby amended to read as follows: "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. Said unit may be located in the side yard with an approved Air Conditioning and /or Related Mechanical Equipment Application. Such equipment shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of neighboring residents in accordance with the City's Noise Ordinance. Solar collector panels and associated plumbing may be roof top surface mounted in public view provided the associated plumbing shall be painted to match the roof surface color." SECTION II. Section 9.3 (A), "Performance Standards: All Residen- tial Zones," of the Code of the City of Cypress is hereby amended by the addition of Subsections A.1, A.2 and A.3, "1," "2," "3," "4," and "5., to read as follows: A.1 Any item or related mechanical equipment not included, but similar in intent, shall be subject to the approval by the Design Review Committee. A.2 Mechanical equipment and any item not clearly specified within this ordinance shall meet the requirements of the Mechanical Code in conjunction with the intent of this ordinance as interpreted by the Design Review Committee. All mechanical equipment shall not violate the City of Cypress Noise Ordinance. A.3 Application: Data and site plan information to be furnished. Application for the installation of air conditioning and /or residen- tially related mechanical equipment shall be submitted to the Planning Department on a form prescribed by the Planning Director and shall include the following data and site plans: (1) Two (2) copies of a scaled site plan and elevation drawing fully dimensioned illustrating proposed placement of air conditioning unit or related equipment, property lines, and existing window locations on subject and adjacent property nearest to the unit. (2) Air conditioning and /or mechanical equipment shall be ground mounted when applicable and shall not violate the City of Cypress Noise Ordinance. (3) Proposed air conditioning unit or related equipment shall be placed a minimum of ten feet (10') from any window or glass door opening of an adjacent property. The distance shall be measured using a radius measurement from each corner of the unit on the submitted plan views. (4) Heaters or equipment that generate heat shall further comply with the City of Cypress Building Regulations and the Uniform Mechanical Code, 1988: Vent Terminals. (5) All equipment shall be screened from surrounding properties through means of landscaping or a structural screening element such as fencing or architectural recesses. Said screening shall be subject to the approval of the Planning Department. ads SECTION III. 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 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. SECTION IV. The City Clerk is hereby authorized and directed to certify as to the passage of this Ordinance and give notice thereof by causing copies of this Ordinance to be posted in three (3) public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 10th day of June 1991 and finally adopted and order posted at a regular meeting held on the 24th day of June 1991. ge,09-486' MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CL OF THE 44 'I OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 24th day of June 1991, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: one � CiT CIT Y C F THE TY OF CYPRESS