Ordinance No. 941428
ORDINANCE NO. 941
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY
ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS THERETO: THE 1994 EDITION OF THE UNIFORM PLUMBING
CODE, THE 1994 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND
HOT TUB CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE,
AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION
STANDARDS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS
FOLLOWS:
SECTION I: Section 19 -1 of Chapter 19 of the Cypress City Code is hereby amended
to read as follows:
SECTION 19 -1 Uniform Plumbing Codes - Adopted; where filed.
The following are hereby adopted by reference as the Plumbing Codes of the City of Cypress,
one (1) copy of each which is on file in the office of the City Clerk:
a. Uniform Plumbing Code, 1994 edition, with appendices;
b. Uniform Swimming Pool, Spa, and Hot Tub Code, 1994 edition;
c. Uniform Solar Energy Code, 1988 edition; and
d. Uniform Plumbing Code Material and Installation Standards 1994
edition.
SECTION II: Section 1902 of Chapter 19 of the Cypress City Code is hereby amended
as follows:
SECTION 19 -2 Uniform Plumbing Code - Amendments, Additions, and Deletions.
The following amendments are made to the Uniform Plumbing Code, 1994 edition, adopted by
this Chapter:
1. Section 414.0 of UPC Chapter 4 is hereby added to read as follows:
Low Flush Fixtures
Section 414.1 - All new buildings shall use water closets and associated
flushometer valves, if any, which use no more that 1.6 gallons per flush and
which meet performance standards established by the American National
Standards Institute Std. Al 12.19.2, and urinals and associated flushometer valves,
if any, which use no more than one (1) gallon per flush and which meet
performance standards established by the American National Standards Institute
Std. A112.19.2.
The Building Official may allow the use of standard flush toilets or urinals, when,
in the opinion of the Building Official, the configuration of the building drainage
system requires a greater quantity of water to adequately flush the system.
SECTION III: Section 19 -3 of chapter 19 of the Cypress Code is amended as follows:
SECTION 19 -3 - Uniform Swimming Pool Code; Amendments.
The following amendments are made to the Uniform Swimming Pool Code, 1994
edition, adopted by this Chapter:
42y
Section 19 -10 - Swimming Pools /Spas - Enclosures Required.
No person shall maintain a swimming pool /spa in the City unless an enclosure,
as provided for in this article, is maintained on the lot or premises upon which
such pool /spa is situated.
Upon commencement of excavation for a new pool /spa, temporary fencing shall
be installed.
Section 19 -11 - Same - Specifications
The enclosure required by this article shall consist of a wall, fence or other
substantial structure (including a garage accessory door) not less than five (5) feet
in height above the highest grade adjacent thereto and with no opening therein
(other than doors or gates) larger than four (4) inches in a perpendicular plane
with at least five (5) feet between any horizontal members. A gate no more than
four (4) feet in width shall be permitted as part of the pool /spa enclosure.
Double gates shall not be permitted as part of the pool /spa enclosure. Neither a
chain link fence nor a combination masonry and wrought iron wall shall be used
as a pool enclosure. The enclosure shall completely surround the pool /spa or the
lot or premises upon which the pool /spa is located and shall be constructed only
of such materials as will make it non - climbable. An opening no more than two
(2) inches between bottom horizontal rail and finished grade shall be permitted.
SECTION IV: This Ordinance is exempt from the provisions of the California
Environmental Quality Act, ( "CEQA "), Public Resources Code Section 21050 et sea., as an
emergency action designed to protect the public health, safety, and welfare, 14 California Code
of Regulations 15269(c). The City Council finds that future actions taken by the City to resolve
the emergency necessitating the Urgency Ordinance will be subject to CEQA review at the
earliest possible date.
SECTION V: This Ordinance is hereby declared to be an urgency measure
pursuant to Government Code Section 36937(b) and the Ordinance shall take effect immediately
upon its adoption and shall apply to all building permits issued from January 1, 1996.
SECTION VI: This Ordinance as an Urgency Ordinance shall only become
effective if adopted by a four - fifths (4 /5th) vote of the City Council.
SECTION VII: Severability
If any section, subsection, 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 of the City of Cypress hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase or portion hereof,
irrespective of the fact that any one or more section, subsections, clauses, phrases, or portions
be declared invalid or unconstitutional.
SECTION VIII: Findings
Resolution No. 4561, dated November 13, 1995 is incorporated herein by reference and
the City Council makes the findings contained therein.
Passed and adopted by the City Council of the City of Cypress at a regular meeting held
on the 13th day of November, 1995.
2
A R OF THE CITY OF PRESS
ATTEST:
CITY CLERK F THE Calf. "!'Y 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 13th day of November , 1995, by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY CLER F THriuITY OF CYPRESS