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Ordinance No. 809ORDINANCE NO. 809 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING "APPENDIX I ZONING" OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF SECTIONS 12.10 -0 TO 12.10 -8 ESTABLISHING THE PLANNED BUSINESS PARK - 25A ZONE The City Council of the City of Cypress Does ORDAIN AS FOLLOWS: SECTION I: "Appendix I - Zoning of the Code of the City of Cypress is hereby amended by the addition of Sections 12.10 -0 to 12.10 -8 to read as follows: "Section 12.10 -0 PBP -25A Planned Business Park Zone. This Zone shall be known as the Planned Business Park Zone, (PBP 25A). Section 12.10 -1 Purposes. In addition to the objectives outlined in Section 1, "Purposes and Scope," the Planned Business Park Zone is designed to achieve the following purposes: A. To provide for the classification and development of parcels of land as complete, comprehensive, and integrated projects so as to take advantage of the superior environment which can result from large scale community planning, and thereby reduce adverse environmental impacts of uncoordinated development. B. To permit limited uses as a matter of right while allowing for the diversification of land uses as they relate to each other in a physical and environmental arrangement within the general parameters of a business park setting, while insuring substantial compliance with the provisions of this Ordinance. C. To provide for a zone encompassing various types of land uses such as educational, professional and administrative offices, commercial centers, industrial parks, open space, or any public or semi - public use or combination of uses through: 1. Established zoning mechanisms and criteria as set out in the PS - (Public/Semi Public) Zone, or 2. The adoption of a specific plan and text materials which set forth land use relationships and development standards. Section 12.10 -2 Uses permitted in the PBP 25A Zone. The following uses shall be permitted and conditional uses in the PBP 25A Zone: (1) Those uses permitted and conditional in the PS -1A "(Public /Semi - Public) Zone" as set forth in Section 12.4 -1 of this Appendix and reprinted here: The following uses shall be permitted uses where the symbol "P" appears, and shall be conditional uses where the symbol "C" appears opposite the use. A. Agricultural uses: 1. Farms or ranches for orchards, tree crops, field crops, truck gardening, berry and bush crops, flower gardening, and growing of nursery plants. The sale of products raised on the permises shall be permitted. 2. Raising of horses, sheep, goats, or cattle; provided, that no animal shall be kept on a site of less than one acre. P P 3. Keeping of animals except as prescribed in subsection A2 of this section; dairies and feeding lots. C B. Agricultural experimental facilities C C. Animal shelters C D. Cemeteries, crematories and columbariums, and related facilities C E. Maintenance yards operated by a public agency C F. Flood control facilities C G. Historical landmarks C H. Horse race tracks C I. Hospitals C J. Public buildings and grounds C K. Public or private nonprofit schools and colleges C -2- L. Public or private parks, golf courses, golf driving ranges, zoos, swim clubs, and other recreation facilities C M. Public utility installations C N. Riding academies or stables C 0. Fairgrounds and accessory uses and entertainment C P. Accessory uses and structures incidental to permitted or conditional uses P Q. Commercial uses incidental, accessory or in conjunction with the above permitted or conditional uses P R. Day nurseries and nursery schools C S. Churches C T. Clubs and lodges, including YMCA and YWCA, veteran organizations, and other similar nonprofit group C U. Public libraries and museums C V. Temporary uses P 1. Temporary uses as prescribed in Section 13.1 W. Affordable elderly residential developments C X. Satellite dish antennas P (2) The following uses shall be permitted uses providing the applicant meets the off - street parking, setback, and other criteria established by this Code: A. Public or private, non - profit or for - profit educational institutes, schools, academics, or colleges or universities, or day care facilities. B. Church, synagogues, and other non- profit religious or spiritual institutions. C. Public utility installations. D. Accessory uses and structures incidental to permitted uses. -3- E. Temporary uses as described in Section 13.1. F. In the PBP -25A Zone utilizing this development option, professional and administrative office, warehouse, and related commercial uses consistent with the park -like setting are permitted provided that a minimum of fifty percent (50 %) of the site shall be landscaped and equipped with an automatic irrigation system. Land occupied by buildings, street driveways, public and private street dedications, parking spaces or lots, and all utility and flood control easements shall not be counted in satisfying this open space requirement. Any structure in excess of 35 feet shall require a conditional use permit. (3) Those uses designated in the specific plan for the particular PBP -25A Zone, as approved by the City Council and which are consistent with the City's General Plan. The Specific Plan shall identify which uses are permitted and which uses are subject to a conditional use permit pursuant to Section 17.1 of the Zoning Appendix. The continuance of all land uses which existed in the zone at the time of adoption of the specific plan. Said existing land uses shall either be incorporated as part of the specific plan or shall terminate in accordance with a specific abatement schedule submitted and approved as a part of the specific plan. Section 12.10 -3. General requirements: PBP -25A. The following requirements shall apply to all PBP - 25A Zoned areas: A. An application for a zone change to permit the establishment of a PBP -25A Zone shall include a statement by the applicant as to which subsection of Section 12.10 -2 the applicant seeks to apply to his /her project. For subsections (1) and (2), the applicant shall provide a general description of the proposed development for which the new zone will apply. For subsection (3), the application for a zone change shall be accompanied by a Specific Plan for the entire property. B. An application for a zone change to establish a PBP -25A zone must be for a parcel or parcels of land which is under the control of the person or corporation proposing the development. -4- C. The area contained within .a proposed PBP -25A zone shall be not less than twenty -five (25) acres. D. A conditional use permit may be required for any land use designation on the Specific Plan. E. If ambiguity exists as to the specific dimensions or extent of any designated area on the Specific Plan, the specific boundaries shall be set by the filing of a legal description and map of the parcel in question in conjunction with the filing of a conditional use permit, tentative subdivision, or parcel map, or construction permits. Section 12.10 -4. Pre - application procedure: PBP -25A Prior to submitting an application for PBP -25A Zone, the applicant should hold preliminary consultations with the planning department and other city officials to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. Such preliminary consultations should be relative to a preliminary development or Specific Plan and other material which expresses the relationship between the various land uses and the development concepts to be employed. Section 12.10 -5. Specific Plan: PBP -25A. The Specific Plan of a proposed PBP -25A Zone as required by Section 12.10 -2(3) and Section 12.10 -3A for option 3, shall consist of maps, plans, reports, schedules, development standards and schematic drawings, and such other documents deemed necessary by the planning director in accordance with the following requirements: A. The Specific Plan shall be submitted in a form approved by the planning director. B. The development of sections or areas within the PBP -25A Zone may be permitted subject to one of the following or any combination thereof: 1. The uses and requirements of any of the zone classifications established by this Ordinance. 2. The uses and standards of development set forth in the Specific Plan as approved by the City Council. 3. Approval of a conditional use permit by the planning agency prior to the development. 4. Approval of a tentative subdivision or -5- parcel map. C. The Specific Plan and any amendment thereto, shall include the following: 1. The type and character of buildings or structures and the developed square footage per acre proposed for each parcel. 2. The general location of school sites, recreational areas, and other public and semi - public sites, and the approximate area of each. 3. The general location of all major, primary, secondary and local collector streets coordinated with the circulation element of the Cypress General Plan. 4. A statement of how the PBP -25A and this particular project is either: (a) consistent with the City's General Plan; or, (b) will be consistent with the City's General Plan if amended to provide for this 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. D. The Specific Plan and any amendment thereto shall be accompanied by the following: 1. 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. 2. An accompanying text setting forth the land use regulations which constitute the standards of development designed to govern those sections or areas specified in the Specific Plan. Such standards shall contain definitions and information concerning requirements for building site coverage, building heights, building setbacks, off - street parking, vehicular access, signing, lighting, storage, screening and landscaping, and any other information which the planning director shall require to insure substantial compliance with the purpose of the PBP- 25A Zone. 3. A topographic map and conceptual grading plan of the property. -6- 4. A preliminary report and overall plan describing proposed provisions for storm drainage, sewage disposal, water supply and such other public improvements and utilities as the city engineer may require. 5. A written statement of standards as they relate to the allocation of land within the Specific Plan to all proposed types of land uses. Section 12.10 -6. Adoption of Specific Plan. The Specific Plan, if required, and supporting statements and documents submitted with the application for a Planned Business Park, shall be approved and adopted by the City Council and included in the Ordinance establishing the PBP -25A Zone. Section 12.10 -7. Amendments to the Specific Plan. All development within the PBP -25A Zone authorized by Section 12.10 -2(3) of this code shall comply substantially with the approved Specific Plan as adopted by the City Council. Any amendments to the Specific Plan shall be accomplished in the manner as an amendment to the zoning regulations, as prescribed in Section 17.4. Section 12.10 -8. Application for Conditional Use Permit in the PBP -25A. A conditional use permit required for the development of any portion or area of a PBP -25A Zone shall be filed in accordance with Section 17.2, "Conditional Uses," and shall include the following documents and materials: A. A map showing the location of the project in relation to the approved Plan or adopted Specific Plan. B. A boundary survey map of the property; a tentative subdivision map may be substituted if the applicant proposes to subdivide the property. C. A topographic map of the property and the preliminary proposed finished grade shown in contour intervals of not to exceed two (2) feet. D. Location, grades, widths and types of improvements proposed for all streets and general plan of water, sewer and drainage systems. -7- E. Preliminary concept or design drawings indicating proposed walkways, driveways or service areas. F. Location and number of residential units, if any, for each proposed structure. G. Location and design of automobile parking areas. H. Preliminary landscaping concept plan. I. Location of public or quasi - public buildings or areas, including, but not limited to, schools, recreation facilities, parking and service areas, if any. J. Preliminary elevations of structures and a written description indicating architectural theme or type of development. K. Irrevocable offers to dedicate those areas shown on the plan as public property. L. The proposed means for assuring continuing 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 Covenants, Conditions, and Restrictions, ( "C,C, & R's "), 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 party to such C,C, & R's in order to ensure their continuance and enforceability. M. Such other information as may be required by the planning director to permit a complete analysis and appraisal of the planned development." SECTION II: If any section, subsection, subdivision, sentence, clause, phase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to oe 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 or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentences, clauses, phrase or portion of the application thereof to any person or place, be declared invalid or unconstitutional. SECTION III: The City Clerk is hereby authorized and directed to certify as to 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. -8- FIRST READ at a regular meeting of the City Council of said City held on the 14th day of November , 1988 and finally adopted and order posted at a regular meeting held on the 28th day of November , 1988. ATTEST: ;tle 't aW20-4/ Y�� OF THE CITY OF CYPRESS CI Y CLERK OF THE/ CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss I, DARRELL ESSEX, 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 28th day of November , 1988; by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT:1 COUNCILMEMBERS: Coronado CIT CER OF TH CITY OF CYPRESS