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Ordinance No. 64027 ORDINANCE NO. 640 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559 OF THE CODE OF THE CITY OF CYPRESS, AND SETTING FORTH NEW PROVISIONS ESTABLISHING LAND USE CLASSIFICATIONS; DIVIDING THE CITY INTO ZONES; IMPOSING REGULATIONS, PROHIBITIONS AND RESTRICTIONS FOR THE PROMOTION OF HEALTH, SAFETY, MORALS, CONVENIENCE, AND WELFARE; CONCERNING THE USE OF LAND FOR RESIDENTIAL AND NON- RESIDENTIAL PURPOSES: REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND OTHER STRUCTURES; LIMITING LOT OCCUPANCY AND THE SIZE OF YARDS AND OTHER OPEN SPACES; ESTABLISHING STANDARDS OF PERFORMANCE AND DESIGN; PRESCRIBING PROCEDURES FOR CHANGES OF ZONE, CONDITIONAL USE PERMITS, VARIANCES, OR OTHER PERMITS; PRESCRIBING PENALTIES FOR VIOLATIONS OF SAID ORDINANCE; AND, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION I: Ordinance No. 559 of the Code of the City of Cypress is hereby amended to read as follows: ZONING SECTION 1. PURPOSE AND SCOPE For the purpose of promoting and protecting the public health, safety and welfare of the people of the City of Cypress, to safeguard and enhance the appearance and quality of development of the City of Cypress, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, a Zoning Ordinance establishing classifications of zones and regulations within those zones hereby is established and adopted by the City Council. SECTION 2. PRIVATE AGREEMENTS 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. SECTION 3. REPEAL OF CONFLICTING ORDINANCES Whenever the provisions of this Ordinance impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks than are imposed or required by other ordinances, the provisions of this Ordinance or rules or regulations promulgated thereunder shall govern. 28 SECTION 4. ESTABLISHMENT OF ZONES A. Division of City Into Zones 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 RM -20 /A Residential Multiple Family 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 ML -10000 Industrial Light Zone MP -20000 Industrial Park Zone 4. Special Use and Combining Zones MHP -20 /A Mobile Home Park Zone PRD -5A Planned Residential Development Zone PC -25A Planned Community Zone PS -1A Public and Semi - Public Zone (CC) Civic Center Combining Zone (LC) Lincoln Avenue Combining Zone (DI) Density Incentive Combining Zone PCM Planned Commercial /Light Industrial Zone B. Adoption of Zones - Maps Said several zones and boundaries of said zones and each of them hereby are estabished and adopted as shown, delineated and designated on the "Official Zoning Map" of the City of Cypress, Orange County, California, which map, together with all notation, references, data, zone boundaries and other information thereon, is made a part hereof and is adopted concurrently herewith. C. Filing The original of the Official Zoning Map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said map shall be also filed with the Planning, Public Works, and Building and Safety Departments. -2- 29 D. Changes to the Zoning Map Changes in the boundaries of the zones shall be made by Ordinance and shall be reflected on the Official Zoning Map. SECTION S. CLARIFICATION OF AMBIGUITY If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, 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 and thereafter such interpretation shall govern. SECTION 6. EFFECTS OF ZONING A. Application of Provisions The provisions of this Ordinance governing the use of land, buildings, and structures, the size of yards abutting buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units per acre, standards of performance and other provisions hereby are declared to be in effect upon all land included with the boundaries of each and every zone established by this Ordinance. B. 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, neverthe- less may be continued and completed in accordance with the plans and specifications upon which the permit was issued. SECTION 7. ENFORCEMENT A. Enforcement The City Council, the City Attorney, the Police Chief, the Building Superintendent, 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. 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 and the same hereby is declared to be unlawful and a public nuisance per se. -3- 30 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 and, upon conviction thereof, shall be punishable as provided by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County or City jail for a period of not more than six (6) months or both such fine and imprisonment. SECTION 8. DEFINITIONS A. For the purposes of this Ordinance, certain words, phrases, and terms used herein shall have the meaning assigned to them by this Section. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive. ABUT shall mean two adjoining parcels of property with a common property line, including two or more lots adjoining only at a corner, except where such common property line is located in a public street right -of -way. ACCESS OR ACCESS WAY shall mean 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 shall mean a building, part of a building, or structure, which is incidental or subordinate to the main building or use on the same building site. ACCESSORY LIVING QUARTERS shall mean living quarters on the same building site as a dwelling, designed or used for housing servants or guests, having no kitchen facilities and not rented or otherwise used as a separate dwelling. ACCESSORY USE shall mean a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of such lot or building. -4- • _31 AIRPORT shall mean any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and appurtenant areas which are used or are intended to be used for airport building or facilities, including open spaces, taxiways and tie -down areas. ALLEY shall mean any dedicated way, intended for vehicular service to the rear or side of property served by a street. ANIMAL HOSPITAL shall mean 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 time boarding and shall be only incidental to such hopsital use. APARTMENT shall mean a dwelling in a structure designated, built, rented, let or hired out to be occupied or used to house two or more families living independently of each other and doing their cooking in the said dwelling. AUTOMOBILE SERVICE STATION shall mean a lot or portion of a lot used for the servicing of motor vehicles. Such servicing may include sale of motor fuel and oils, lubrication, incidental car washing, waxing and polishing, sale and service of tires, tubes, batteries, and service of auto accessories, wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery, or installation of auto glass. BASEMENT shall mean a story partly or wholly underground. A basement shall be counted as a story for purpose of height measurement where more than one -half (2) of its height is above grade. BILLBOARD shall mean any sign designed for use with changing advertising copy and which is normally used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located. BUILDING FRONTAGE shall mean that side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed on the current Master Plan of Streets and Highways, 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 shall mean the vertical distance from the grade to the highest point of the coping of a flat roof or to 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 SITE shall mean 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. -5- 32 CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile storage for the occupants of the premises. CITY shall mean the City of Cypress CLINIC shall mean a place for medical services to human patients not involving the overnight housing of human patients. CLUB shall mean an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service as a business for profit. COMMERCIAL AND /OR TRADE SCHOOL shall mean a private institution conducting regular instruction in business, commercial or trade skills. COMMUNITY CARE FACILITY shall mean any facility, place or building which is maintained and operated to provide non - medical residential care or services for developmentally disabled residents. Neighborhood community care facilities shall be limited to a maximum of six residents. Group community care facilities shall be limited to a maximum of 15 residents. CONDOMINIUM shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A condominium may include, in addition, a separate interest in other portions of such real property. CONDOMINIUM CONVERSION shall mean the development of land and existing structures as a condominium, regardless of the present or prior use of such land or structure, and regardless of whether substantial improvements have been made to such structures. CONVALESCENT HOME shall mean a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the County of Orange, which provides bed and ambulatory care for patients with postoperative convalescent, chronically ill or dietary problems, and persons aged or infirm, unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. COUNCIL shall mean the City Council of the City of Cypress COUNTY shall mean the County of Orange. COUNTY RECORDER shall mean the County Recorder of the County of Orange COVERAGE shall mean 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. DAY NURSERY (Including Pre - School and Nursery Schools) shall mean any building, buildings or portion thereof used for the daytime care of four or more children at any location other than their normal place of residence, excluding any children who normally reside on the premises. -6- DENSITY shall mean the total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rights -of -way. DESIGN REVIEW COMMITTEE shall mean the committee comprised of the Planning Director and City Engineer. DETACHED (FREESTANDING) SIGN shall mean a ground sign with no form of support other than its own structural members. DIRECTOR shall mean the Planning Director of the City of Cypress. DORMITORY shall mean a building intended or used principally for sleeping accommodations, where such building is operated by an educational institution. DOUBLE -FACED SIGN shall mean a sign with two faces only, with each face oriented 180 degrees from the other. DRIVE -IN RESTAURANT shall mean a place of business which sells food products or beverages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device; or 2. Delivers such food products or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption either on the premises or in the immediate vicinity. DWELLING shall mean a building or portion thereof designed exclusively for residential occupancy. DWELLING GROUP shall mean two or more single- family, multiple dwellings, or boarding or rooming houses located on one lot. DWELLING, GUEST shall mean living quarters within an accessory building for use exclusively by temporary, non- paying guests of the resident family, not to exceed five (5) in number, such quarters ha- ing no cooking facilities or kitchen. DWELLING,MULTIPLE shall mean a building containing two (2) or more dwelling units or a combination of two (2) or more separate, single- family dwelling units on one lot. DWELLING, SINGLE FAMILY shall mean a detached building designed for the use of one family. DWELLING UNIT shall mean one or more rooms and a single kitchen in a single - family dwelling, apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes. -7- 34 EDUCATIONAL INSTITUTIONS shall mean public and other non - profit institutions conducting regular academic instruction at kindergarten, elementary, secondary, collegiate levels, and including graduate schools, universities, non - profit research institutions and religious institutions. Such institutions must either (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (2) confer degrees as a college or university of undergraduate or graduate standing, or (3) conduct research, or (4) give religious instruction. This definition does not include commercial or trade schools. FAMILY shall mean an individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than three (3) persons, excluding servants, who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a single dwelling unit. FLOOR AREA Whenever the term "floor area" is used, it shall be assumed that, unless otherwise stated, said floor area, exclusive of exterior courts, garages, carports, elevator shafts, light and stairwells, applies not only to the ground floor area but also to any additional stories or basement of said structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches. FLOOR AREA RATIO shall mean the ratio of building floor area to net lot area. GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises. GARAGE, PUBLIC shall mean any garage, other than a private garage, used for the storage, parking, care, repairing, or equipping of motor vehicles. GENERAL PLAN shall mean the General Plan of the City of Cypress and shall consist of the General Plan Maps and Reports adopted by the City Council. GRADE shall mean the average level of the finished ground surfaces surrounding a building. GROSS AREA shall mean the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. GUEST ROOM shall mean a room which is destined to be occupied by one (1) or more guests for sleeping purposes, and having no kitchen facilities. HIGHWAY shall mean a street shown as a freeway, major, primary, or secondary highway on the General Plan of the City. HOME OCCUPATION shall mean any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely effect the uses permitted in the zone of which it is a apart. -8- 35 HOSPITAL shall mean an institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. HOTEL shall mean a structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied on a transient basis for compensation. INDUSTRY shall mean the manufacture, fabrication, processing, reduction or destruction or any article, substance or commodity, or any other treat- ment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise. KENNEL shall mean any property where four or more dogs or cats, over the age of four months, are kept or maintained for any purpose except veterinary clinics and hospitals. KEY LOT shall mean any lot where the side property line abuts the rear property line of one or more lots and where said lots are not separated by an alley or any other public way. LOT shall mean: a. A parcel of real property with a separate and distinct number or other designation shown on a plan recorded in the office of the County Recorder, or b. A parcel of real property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of the County Recorder or in the office of the Planning Department, and abutting at least one (1) public street or right -of -way, or easement determined by the Planning Agency to be adequate for the purpose of access, or c. A parcel of real property abutting at least one (1) public street or right -of -way or easement determined by the Planning Agency to be adequate for the purpose of access and held under separate ownership from abutting property prior to the date of incorporation of the City of Cypress. LOT, CORNER shall mean a lot located at the intersection or interception of two (2) or more streets at an angle of not more than one hundred thirty - five (135) degrees. If the angle is greater than one hundred thirty -five (135) desgrees, the lot shall be considered an "Interior Lot." LOT DEPTH shall mean the average distance between the front and rear lot lines measured in the mean direction of the side lot lines. LOT, INTERIOR shall mean a lot other than a corner or reverse corner lot. LOT LINE shall mean any line bounding a lot as herein defined. -9- 36 LOT LINE, FRONT On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On a through lot or a lot with three (3) or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this Ordinance. On a private street or easement, the front lot line shall be designated as the edge of the easement. LOT LINE, INTERIOR shall mean a lot line not abutting a street. LOT LINE, REAR shall mean a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular - shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet. A lot which is bounded on all sides by streets may have no rear lot lines. LOT, REVERSE CORNER shall mean a corner lot, the side line of which is sub- stantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. LOT LINE, SIDE shall mean any lot line not a front lot line or rear lot line. LOT, THROUGH shall mean a lot having frontage on two dedicated parallel or approximately parallel streets. LOT WIDTH shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. MOBILE HOME shall mean a movable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy for one family, for carrying persons and property on its own structure, and for being drawn by a motor vehicle and having no foundation other than jacks, piers, wheels, or skirtings. MOBILE HOME PARK shall mean any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for habitation. MOBILE HOME SPACE shall mean a plot of ground within a mobile home park designed for the accommodation of one mobile home. MOTEL shall mean the same as "hotel." NET LOT AREA shall mean the total horizontal area within the property lines of a lot or parcel of land after all streets and other dedications have been made. NON- CONFORMING LOT shall mean a lot, the area, frontage, or dimensions of which do not conform to the provisions of this Ordinance. -10- 37 NON- CQNFORMING USE shall mean a use lawful when established but which does not conform to the provisions of this Ordinance for the zone in which it is located, OUTDOOR ADVERTISING shall include the definition of "Sign" and "Billboard ". PARKING SPACE shall mean a space within a public or private parking area, exclusive of driveways, ramps, columns, offices, and work areas, which space is for the temporary parking or storage of one motor vehicle. PLANNED RESIDENTIAL DEVELOPMENT shall mean two 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 in a 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 provision, operation and maintenance of all areas, improvements, facilities and services provided for common use of the residents thereof. PLANNING AGENCY shall mean the City Council. RETIREMENT COMMUNITY shall mean any residential development designed exclusively for occupancy by retired or aged persons. SERVICE STATIONS shall mean the same as "Automobile Service Station." SETBACK shall mean the distance between the established lot line and any building. SETBACK LINE, FRONT YARD shall mean the line which defines the depth of the required front yard. Said setback line shall be parallel with the street line or the line established by the General Plan and be removed therefrom by the perpendicular distance prescribed for the front yard of the zone in which the property is located. SETBACK LINE, REAR YARD OR SIDE YARD shall mean the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard of the zone in which the property is located, Where the side or rear yard abuts a street, the distance shall be measured as set forth in the "Setback Line, Front Yard." SIGN shall mean any notice or advertisement, pictorial or otherwise, used as an outdoor display or visible from outside a building for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited, or for use for off - site directional purposes. This definition shall not include official notices issued by any court or public body or officer or directional warning or information sign or structures required by or authorized by law. 38 SITE PLAN shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. STABLE, COMMERCIAL shall mean a stable for horses, mules, or ponies which are rented, used or boarded on a commercial basis for compensation. STABLE, PRIVATE shall mean an accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not rented, used or boarded on a commercial basis for compensation. STATE shall mean the State of California. STORAGE shall mean the safe keeping of goods in a building or other depository where the safe keeping is the principal object of deposit and not the consumption or sale. STORY shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. STREET shall mean a public thoroughfare or right -of -way or approved private thoroughfare or right -of -way determined by the Commission 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 and any other thoroughfare, except as excluded in this Ordinance. The word "street" shall include all major and secondary highways, traffic collector streets, and local streets. STRUCTURE shall mean a mobile home or anything constructed or erected, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including swimming and wading pools and covered patios, excepting paved areas, walks, tennis courts, and similar outdoor areas, and further excepting fences or walls three feet (3') or less in height. STRUCTURAL ALTERATION shall mean any change in or alteration to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diapharagms, foundations, piles, retaining walls, or similar components. SUPERMARKET shall mean a market having 10,000 square feet or more of floor area devoted principally to the sale of food. USE shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. WAREHOUSE shall mean a structure intended or adapted for the shipping, receiving and storage of goods and merchandise and activities incidental or accessory thereto. WAREHOUSING shall mean the storage of fabricated products, shipping and receiving and activities incidental thereto including incidental wholesaling of stored products. -12- WHOLESALING shall mean the selling of any type of goods for the purpose of resale. YARD shall mean any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed from the ground to the sky except for the projections permitted by this Ordinance. YARD, FRONT shall mean a space between the front yard setback line and the front lot line or future street line, and extending the full width of the lot. YARD, REAR shall mean a space between the rear yard setback line and the rear lot line, extending the full width of the lot. YARD, SIDE shall mean a space extending from the front yard, or from the front yard lot line where no front yard is required by this Ordinance, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. ZONING ORDINANCE OR ORDINANCE shall mean the Comprehensive Zoning Ordinance of the City of Cypress. PUBLIC UTILITY INSTALLATIONS shall mean all buildings, structures and related equipment excluding electric generation stations and transmission lines. 40 SECTION 9. RESIDENTIAL ZONES SECTION 9.0. PURPOSES In addition to the objectives outlined in Section 1 (Purposes and Scope), the Residential Zones are included in the zoning regulations to achieve the following purposes: A. To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent with the General Plan and with sound standards of public health, safety and welfare. B. To ensure adequate light, air, privacy, and open space for each dwelling. C. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them. D. To protect residential properties from noise, illumination, un- sightliness, odors, smoke and other objectionable influences. E. To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements. RS -15000 RESIDENTIAL, SINGLE - FAMILY ZONE This zone is intended as an area for single- family residential estates with minimum lot sizes of 15,000 square feet and maximum densities of 2.5 dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a residential neighborhood. RS -6000 RESIDENTIAL, SINGLE - FAMILY ZONE This zone is intended as an area for single - family, urban residential develop- ment on minimum lot sizes of 6,000 square feet and maximum densities of 5.0 dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a residential neighborhood. RM -20 /A RESIDENTIAL, MULTIPLE- FAMILY ZONE This zone is intended as an area for the development of Apartments, Condominiums, Townhouses or other group dwellings with provisions for adequate light, air, open space and landscaped area at maximum densities of 20.0 dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, such residential developments. -14- 41 SECTION 9.1 PERMITTED AND CONDITIONAL USES: R ZONES The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears in the column beneath each zone designation: A. Residential Uses 1. Single- family dwellings 2. Guest dwellings or accessory living quarters. P RS -15000 RS -6000 RM -20 /A P 3. Dwellings, group on a site of not less than 4 1/2 acres. P P P P C C 4. Dwellings, group on a site containing less than 42 acres but not less than 2 acres. - - C 5. Multiple dwellings containing not more than 3 units- - P 6. Multiple dwellings containing more than 3 units. - - C 7. Condominiums and condiminium conversions. - - C 8. Dormitory - - C B. Agricultural and Related Uses RS -15000 RS -6000 RM -20 /A 1. All types of agriculture and horticulture. P 2. Sale of products raised on the premises C 3. Keeping of horses and other domestic farm -type animals subject to the following conditions: P a. Such animals must be maintained for the personal use of members of the family residing on the premises. b. No such animal may be kept on a lot having less than 10,000 square feet in area. c. Only one such animal may be maintained on a lot having less than 15,000 square feet in area; no more than two animals may be kept on a lot having 15,000 to 20,000 square feet, or four animals on a lot having 20,000 to 30,000 square feet, or six animals on a lot having 30,000 square feet to one acre in area. -15- 42 RS -15000 RS -6000 RM -20 /A d. No such animal may be kept closer than 50 feet to an adjoining dwelling. e. The keeping of all animals shall be subject to the regulations and conditions of the Orange County Health Department and Animal Control Division. 4. Riding academies or riding clubs. C 5. The keeping of animals for commercial purposes including commercial stables. C 6. The keeping of not more than 12 poultry and 12 rabbits for non - commercial purposes at least 50 feet from an adjoining dwelling. P 7. The keeping of poultry and rabbits in addition to #6 above. C 8. The keeping of poultry or rabbits for commercial purposes. C 9. The keeping of wild, exotic or non - ciomesticated animals. C. Public and Semi Public Uses 1. Day nurseries and nursery schools. C 2. Hospitals 3. Churches, convents, monasteries, and other religious institutions. C RS -15000 RS -6000 RM -20 /A C C 4. Educational Institutions. C C C 5. Public libraries and museums. C C C 6. Public parks and recreational facilities. C C C 7. Private schools and colleges, not including art, business or trade schools and colleges. C C C 8. Public utility and public service sub - stations, reservoirs, pumping plants, and similar installa- tions, not including public utility offices. C C C 9. Recreational facilities such as country clubs, tennis and swim clubs, golf courses, with inci- C C C dental, limited commercial uses which are commonly associated and directly related to the primary use. -16- 10. Retirement communities. 11. Recreational Vehicle Storage Yards. D. Home Occupations 1. Home occupations subject to the provisions of Section 13.2. 43 RS -15000 RS -6000 RM -20 /A C C RS -15000 RS -6000 RM -20 /A P P P E. Accessory Uses RS -15000 RS -6000 RM -20 /A 1. Accessory structures and uses located on the same site as a permitted use. P P P 2. Accessory structures and uses located on the same site as a Conditional Use. C C C F. Temporary Uses 1. Temporary uses as prescribed in Seciton 13.1. P P P 2. Model home and subdivision sales. C C C SECTION 9.2 PROPERTY DEVELOPMENT STANDARDS: RESIDENTIAL ZONES The following property development standards shall apply to all land and buildings, other than accessory buildings, permitted in their respective residential zones, except that any lot shown on an official subdivision map duly approved and recorded, or any lot for which a bonafide deed was duly recorded prior to the date of incorporation of the City of Cypress, may be used as a building site; excepting therefrom any lot having an area of less than 4,000 square feet. Each building site shall have a minimum width of 20 feet. A. Special Requirements 1. In an RM Zone, any single -story building used for residential purposes shall maintain a minimum setback of fifty feet (50') from any single- family zone. 2. In an RM Zone, any two story building used for residential purposes shall maintain a minimum setback of one hundred feet (100') from any single- family zone. 3. In any Residential Zone, a single -story building used for public or semi - public uses shall maintain a minimum setback of fifty feet (50') from any single - family use. 4. In any Residential Zone, a two -story building used for public or semi - public uses shall maintain a minimum setback of one hundred feet (100') from any single - family use. -17- 5. In any Residential Zone, front yard setbacks in subdivision develop- ments may be reduced by 25% provided the average of all such setbacks is not less than the minimum required for the zone. 6. In the RS -15000 Zone, horses or cleft -hoof animals may not be kept in the front yard area. B. The following requirements are minimum unless otherwise noted: General Requirements RS -15000 RS -6000 RM -20 /A 1. Density, maximum dwelling units per acre. 2.5 5.0 20.0 2. Building site, net area in square feet. 15,000 6,000 2 acres 3. Lot width, in feet. 100 60 130 corner 150 interior 4. Lot depth, in feet. 150 100 130 corner 150 interior 5. Front yard, in feet. 30 20 20 6. Side yard, in feet. 10 15 10 combined, one of which shall be not less than 10. 7. Side yard, street side, in feet. 8. Rear yard, in feet. 9. Lot coverage, maximum 10. Building height, maximum including chimneys, antennas and any roof - mounted equipment. 11. Dwelling size, in square feet. 12. Parking within a garage (or, within a carport in RM Zone only) per unit. -18- 10 10 10 25 20 20 35% 40% 40% 35' 35' 35' 1,500 1,300 750 bachelor 800 1 bdr. 900 2 bdr. 1,100 3 bdr. 2 2 2 plus 10% parking for guests which may be open. RS -15000 RS -6000 RM -20 /A 13. Distance between buildings not exceeding fifteen feet 10 10 15 (15') in height, in feet. 14. Distance between buildings where one or more exceeds fifteen feet (15') in height, in feet. 15. Open space, recreation area for condominium units (patios of individual units may be included) 10 10 20 - 400 sq. ft. (per unit) SECTION 9.3 PERFORMANCE STANDARDS: RESIDENTIAL ZONES A. In all residential zones, air conditioners, heating, cooling, ventilating equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard area or street side yard of a corner lot. 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. B. In all residential zones, required front and street side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives, and fences. Said required front and street side yards shall not be used for the parking or storage of any motor vehicle or vehicle accessory such as camper shells, trailers, motor bikes, or other wheeled accessory or convenience, except that motor vehicles may be parked upon the required paved driveway access to the garage structure. C. In the RM zone, a minimum of thirty -five percent (35 %) of the site area shall be landscaped and provided with an automatic irrigation system. The required landscaping may include outdoor recreation areas. D. All required landscaping shall be permanently maintained in a neat and orderly condition. E. Where a multiple - family dwelling, including incidental or required accessory uses, abuts property in a single - family zone, a masonry wall six feet in height and landscaping at least five feet (5') in width shall be erected and maintained between such uses and the single- family zone. SECTION 9.4 SIGNS, RESIDENTIAL ZONES No sign or outdoor advertising structure shall be permitted in any R zone except as provided in Section 15. SECTION 9.5 ACCESSORY STRUCTURES: RESIDENTIAL ZONES A. Accessory Buildings. An accessory building, which is used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure. B. Attached Structures. 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 in "C" of this Section. C. Canopies. Canopies, or roofs attached to the 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 15 feet (15') in height or project closer than 5 feet (5') to an interior side or rear lot line; 2. Shall be entirely open on at least three sides except for necessary supporting columns; except that a roof connecting a main building and an accessory building shall be open on two sides. D. Detached Structures. 1. A detached structure shall meet the setback requirements of the main building for the front and street side yard areas. 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 feet (5') to an interior side or rear lot line, one -hour fire walls shall be required. 3. A detached structure shall maintain a minimum five feet (5') separation from the main structure. 4. For the purpose of this section, swimming pools shall be considered to be a detached accessory structure. E. Other Structures. 1. Porches, steps, architectural features, such as eaves, awnings, and chimneys, and stairways, wing walls or bay windows, may project not more than four feet (4') into any required front or rear yard area, nor into any required side yard area more than one half (2) of said required side yard. 2. Balconies or sundecks shall not encroach or project into any required setback area. -20- 41 SECTION 9.6 WALLS AND FENCES: RESIDENTIAL ZONES A. In any required front yard, a wall or fence shall not exceed three feet (3') in height. B. A wall or fence not more than six feet (6') in height, as measured from the highest adjacent grade, may be maintained along the interior side or rear lot lines; provided, that such wall or fence does not extend into a required front yard. C. A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed three feet (3') in height within fifteen feet (15') of the intersection of said driveway and the street right -of- way. D. The provisions of this section shall not apply to a wall or fence required by any law or regulation of the State of California or any agency thereof. E. Barbed wire, electrical fences, glass and other similar objects on the top of walls and fences in any residential zone shall not be permitted. SECTION 9.7 CONDOMINIUMS AND CONVERSIONS A. Pre - application Procedures Prior to formal application for a condominium conversion or construction of a condominium development, the applicant shall meet with the Planning Director or his designee to review and discuss the feasibility of the proposed project. B. Application Procedure A Conditional Use Permit application shall be completed and returned to the Planning Director with the following documents: 1. If the application is for a condominium conversion, a report to the City setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with current Building and Safety Codes and the probable cost of such work. Said report shall include a report prepared by a licensed mechanical engineer verifying the condition of the mechanical elements in the project, including but not limited to furnaces, air conditioners, pumps, water heaters and plumbing fixtures. 2. If the application is for a condominium conversion, a pestilence inspection and written report by a certified inspector. -21- 48 3. Plot plans indicating the following: a. Location, height, the gross floor area and proposed uses of each existing structure and for each proposed structure. b. Location, use and type of surfacing of all open storage areas. c. Location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas and curb cuts. d. Location, height, and type of materials for walls or fences. e. 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. Location of all recreational facilities and a statement specifying the method of maintenance thereof. Location of parking facilities to be used in conjunction with each dwelling unit. h. Location, elevation, and type and color of materials to be employed and methods of illumination for signs. 4. If the application is for a condominium conversion, a comprehensive building report which includes age, material and condition where applicable of the following: a. Type and age of construction. b. Walls, interior and exterior. c. Roof. d. Garaging. 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 tenance for existing tenants. 1. Estimated schedule for conversion. -22- 49 m. Estimated price range of converted units. n. List of improvements contemplated. o. Estimate of available similar housing in areas. 5. Structural elevations shall be required at the discretion of the Planning Director. Elevations shall indicate type of materials used in construction, as well as method used to provide sound insulation in all common walls. C. Standards of Development 1. A Tentative Tract Map for a condominium development shall be prepared and submitted to the City, in accordance with the Subdivision Ordinance of the City of Cypress. 2. 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. 3. 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 a Conditional Use Permit. 4. Utility systems shall exist or shall be constructed to adequately provide for individual metered utility services to all condominiums. 5. Each existing tenant of the project shall be given 120 day notification of the intended condominium conversion and the right to purchase his converted multiple dwelling unit prior to the unit being placed for sale. D. Special Conditions 1. Copies of the required Covenants, Conditions and Restrictions, Articles of Incorporation and By -Laws or other documents of the owners' 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. 2. A minimum of two parking spaces within a completely enclosed garage shall be provided for each dwelling unit. An additional parking space for guests shall be provided for each two dwelling units. Guest parking spaces may be open. For new developments, the garage shall be located on the same lot as the condominium unit or it shall be constructed as an integral part of the condo- minium unit. -23- 50 3. The City may vary from any or all of these conditions as well as those further conditions to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. E. Findings The Cypress City Council shall make the findings contained in Section 17.2 -7 hereof prior to the granting of a Conditional Use Permit for condominium(s) or condominium conversions. 51 SECTION 10. COMMERCIAL ZONES SECTION 10.0 PURPOSES In addition to the objectives outlined in Section 1 (Purposes and Scope), the Commercial Zones are included in the Zoning Regulations to achieve the following purposes: A. To provide appropriately located areas for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area. B. To encourage office and commercial uses to congregate for the convenience of the public and for a more mutually beneficial relationship to each other. C. To provide adequate space to meet the needs of modern commercial develop- ment, including off - street parking and loading areas. D. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. E. To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidental to industrial uses. F. To promote high standards of site planning architecture and landscape design for office and commercial developments within the City of Cypress. OP -10000 OFFICE PROFESSIONAL ZONE This zone is intended an an area primarily for the development of professional and administrative offices with setback, landscaping and architectural requirements designed to make such uses relatively compatible with residential uses. CN -10000 COMMERCIAL NEIGHBORHOOD ZONE This zone is intended for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with a residential environment at locations indicated on the General Plan. CG -10000 COMMERCIAL GENERAL ZONE This zone is intended as an area for the location of retail and wholesale commercial activities. CH -10000 COMMERCIAL HEAVY ZONE This zone is intended to provide appropriately located areas for establishments catering primarily to highway travelers, visitors to the City or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. -25- 52 SECTION 10.1 PERMITTED AND CONDITIONAL USES The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears in the column beneath each zone designation. B. General Commercial Uses 1. Amusement Arcades 2. Antique shops 3. Apparel stores 4. Appliance and hardware stores 5. Auction houses OP -10000 CN -10000 CG -10000 CH -10000 C C _ P P P _ P P P - C P P 6. Automobile sales and services, including rental agencies, repairing, painting and - washing. 7. Automobile parts and supply stores 8. Bakeries, retail only 9. Banks 10. Barber and beauty shops 11. Bicycle shops 12. Blueprint and photocopy services 13. Book, gifts, and stationery stores 14. Bowling alleys and billiard halls 15. Candy stores and confectionaries 16. Car washes 17. Catering establishments 18. Cocktail lounges and bars -26- P C - C C C P P P P P P P P P P P P P P _ P P P P P C C C P P P - C C C C C C 53 OP -10000 CN -10000 CG -10000 CH -10000 19.. Contractor's yards 20. Convenience markets - C C C 21. Dairy products stores - P P P 22. Decorating and drapery shops - P P P 23. Drive -in dairy stores - C C C 24. Department stores - - P P 25. Drive -in restaurants - - C C 26. Drive -in theaters - - C C 27. Drug stores and pharmacies - P P P 28. Farm implement and machine sales, rentals, or repairs - - C C 29. Florist shops C P P P 30. Furniture stores, repair and upholstery - - P P 31. General retail stores - P P P 32. Hobby shops - P P P 33. Hotels and motels 34. Janitorial Services and Supplies - - P P 35. Jewelry stores - P P P 36. Laundry pick -up and delivery agencies and self- service - C P P laundries 37. Liquor stores - C C P 38. Massage Parlors - - C C 39. Mens clothing stores and tailor shops - C P P 40. Moped sales and service - C C P 41. Mortuaries C - C P 42. Motorcycle sales and service - - C C -27- 54 OP -10000 CN -10000 CG -10000 CH -10000 43. Newspaper and magazine stores, printing, and publishing; provided, however, no printing or publishing shall be permittedC C C C in the OP -10000 or CN -10000 Zones. 44. Nurseries and garden supply stores; provided, in the CN zone, all equipment _ and supplies shall be kept within an P P P enclosed area. 45. Office and business machine stores 46. Pet shops and supplies and feed stores 47. Parking facilities where fees are charged 48. Political or philanthropic headquarters P P P P 49. Printing shops 50. Public storage facilities (mini - warehouse) 51 Recreational vehicle sales, service and storage 52. Restaurants conducted completely within a building. C C P P 53. Restaurants, including sale of alcoholic beverages C C C C 54. Service Stations - C C C 55. Shoe stores, sales and repair - P P P 56. Sign painting shops within a completely enclosed building - - P P 57. Skateboard Parks - - C C 58. Skating Rinks - C C 59. Sporting goods stores - C P P -28- OP -10000 CN- 10000 CG -10000 CH -10000 60, Stamp and coin shops - P P P 61. Stone and monument yards - - C C 62. Supermarkets - P P P 63. Swimming pool sales and service - - P P 64. Taxidermists - P P P 65. Television and radio repair - C P P 66. Theaters - C C C 67. Tire sales and service - - C P 68. Tobacco shops - P P P 69. Toy stores _ P P P 70. Travel agencies P P P P 71. Truck and trailer rental, sales and service - - C C 72. Variety stores 73. Veterinarians' offices and small animal hospitals 74. Vehicular storage yard - P P P C. Public and Semi - Public Uses OP -10000 CN -10000 CG -10000 CH -10000 1. Day nurseries and Nursery schools C - C C 2. Churches C C C C 3. Clubs and lodges including YMCA, YWCA, and similar youth group uses C - C C 4. Commercial, trade or vocational schools C C C C 5. Convalescent homes and hospitals C - C C 6. Educational institutions, public or private C - C C -29- 7. Libraries and museums, public or OP -10000 CN -10000 CG -10000 CH -10000 private C C C C 8. Parks and recreation facilities public or private, including tennis, C C C C racquetball and handball clubs and facilities. 9. Post Office Branch C C C C 10. Public Utility Installations C C C C 11. Retirement Communities C C C C D. Accessory Uses 1. Accessory structures and uses located on the same site as a P P P P permitted use. 2. Accessory structures and uses C C C C located on the same site as a conditional use. E. Temporary Uses 1. Temporary uses as prescribed in Section 13.1. F. Other Uses P P P P Other commercial uses as may be determined by resolution of the Plan- ing Agency to be similar to and no more detrimental than existing permitted uses in any commercial zone. SECTION 10.2 PROPERTY DEVELOPMENT STANDARDS: COMMERCIAL ZONES The following property development standards shall apply to all land and buildings permitted in their respective commercial zones, except that, any lot shown on an official subdivision map duly approved and recorded, or any lot for which a bonafide deed was duly recorded prior to the date of incorporation of the City of Cypress, may be used as a building site. Each building site shall have a minimum 20- foot -wide vehicular access to a street. -30- 57 A. The following requirements are minimums unless otherwise noted: General Requirements OP -10000 CN -10000 CG -10000 CH -10000 1. Lot area, square feet 10,000 10,000 10,000 10,000 2. Lot width, in feet 100 100 60 50 3. Lot depth, in feet 100 100 100 100 4. Front setback, in feet 20 10 10 Average of adjacent lots; Min. 6' Max. 10' 5. Side yard, in feet 5 10 - - 6. Side yard, street side, in feet 10 10 10 10 7. Rear yard, in feet 5 10 10 10 8. Lot coverage, maximum 60% 35% 9. Building height, maximum in feet 35 35 50 10. Off- street parking See Section 14 SECTION 10.3 PERFORMANCE STANDARDS: COMMERCIAL ZONES A. In the OP, CN or CG zones, required front and street side yards shall be landscaped to a depth of not less than 10 feet. Remaining front and street side yard areas or setbacks may be used for required off - street parking. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. B. In the CH zone, required front and street yard shall be landscaped to their full depth. However, portions of the required front yard may be used for outdoor display areas subject to the approval of the City staff under Design Review. C. All required landscaping shall be permanently maintained in a neat and orderly condition. D. Where a commercial or office use abuts property in any Residential Zone, a masonry wall eight feet in height as measured from the highest adjacent grade and screen landscaping shall be erected and maintained between such uses and the residential zone. E. Wherever off - street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas from the residential properties. -31- 58 F. All mechanical equipment, including heating and air conditioning units, and trash receptable areas shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. G. In any Commercial zone, a minimum setback of 20 feet shall be required wherever a lot abuts a lot in any residential zone. Said setback may be used for required open off - street parking areas. H. Trash receptables enclosed with solid masonry walls and gates shall be provided for each commercial project. Said areas shall be set back a minimum of 20 feet from any residential zone boundary and shall be maintained in a neat and sanitary condition in order to safeguard the health, safety and general welfare of adjacent properties, subject to the Planning Director's approval. I. Newspaper racks shall be permanently installed, the location and design of said racks shall be subject to the approval of the Planning Director. SECTION 10.4 SIGNS: COMMERCIAL ZONES No sign or outdoor advertising structure shall be permitted in any Commercial zone except as provided in Section 15. SECTION 10.5 ACCESSORY STRUCTURES: COMMERCIAL ZONES 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. C. In any Commercial zone, porches, steps, architectural features such as canopies or eaves, and chimneys, balconies, or stairways may project not more than four (4) feet into any required yard area. SECTION 10.6 WALLS AND FENCES: COMMERCIAL ZONES A. In any required front or street side yard area, a wall or fence shall not exceed three feet in height. B. In any required rear or interior side yard area, a wall or fence shall not exceed six feet in height as measured from the highest grade. C. A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed three feet in height within 15 feet of the intersection of said driveway and the street right -of -way. D. The provisions of this section shall not apply to a wall or fence required by any law or regulation of the State of California or any agency thereof. E. Barbed wire, electrical fences, glass and other similar objects on top of walls and fences in commercial zones shall not be permitted. -32- 59 SECTION 11. INDUSTRIAL ZONES SECTION 11.0 PURPOSES In addition to the objectives outlined in Section 1 (Purposes and Scope), the Industrial zones are included in the Zoning Regulations to achieve the following purposes: A. To reserve appropriately located areas for industrial uses and protect these areas from intrusion by dwellings and other inharmonious uses. B. To protect residential, commercial and nuisance -free, non - hazardous industrial uses from noise, odor, dust, smoke, truck traffic and other objectionable influences and from fire, explosion, radiation and other hazards incidental to certain industrial uses. C. To provide sufficient open space around industrial structures to protect them from hazard and to minimize the impact of industrial plants on nearby residential or commercial zones. D. To minimize traffic congesion and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them. MP -20000 INDUSTRIAL PARK ZONE This zone is intended as an area for modern industrial and research develop- ments and administrative facilities that can meet high performance and uevCop- ment standards. ML -10000 INDUSTRIAL LIGHT ZONE This zone is intended as an area for light industrial and limited service commercial uses that can meet high performance standards but that frequently do not meet site development standards appropriate to planned research and development of industrial parks. SECTION 11.1. PERMITTED AND CONDITIONAL USES: INDUSTRIAL ZONES The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears in the column beneath each zone designation: -33- 60 A. Manufacturing Uses MP -20000 ML -10000 1. Bottling plants P P 2. Cement products manufacturing - C 3. Citrus products manufacturing, including frozen foods - C 4. Electronics: Electrical and related parts; electrical P P appliances, motors, and devices; radio, television and phonograph. 5. Food and dairy products processing and manufacturing - C 6. Furniture upholstering P P 7. Instruments: Electronic and precision; medical and dental; P P timing and measuring. 8. Laboratories: Chemical, dental, electrical, optical, mechanical, P P and medical 9. Machine shop C C 10. Manufacture and maintenance of electrical and other signs P P 11. Manufacture of novelty items, not including fireworks or other explo- P P sive type items. 12. Manufacturing, compounding, assembly or treatment of articles or merchan- dise from the following previously prepared typical materials: Canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semi - precious stones or metals, nonferrous metals, plaster, plastics, shells, textiles, tobacco, wood, and yarns. 13. Office and Related Machinery: Audio machinery, computers, electrical and P manual, visual machinery. -34- P P 61 14. Oil pumping, distributing or storage facility. 15. Packing houses 16. Pharmaceuticals: Cosmetics, drugs, perfumes, toiletries, and soap (not including refining or rendering of fats or oils). 17. Rubber and metal stamp manufacturing. B. Wholesale Uses and Warehousing MP -20000 ML -10000 C C - C P P P P C P C. Services 1. Animal shelter or hospital C P 2. Auto, truck, tractor repairing and painting. P P 3. Auto sales and services P P 4. Blueprinting and photocopying P P 5. Recreational vehi,_le sales and service P P 6. Business, professional and research offices P P 7. Cleaning and dying plant - C 8. Commercial sales establishments dealing principally with industrial customers such as heavy construction and earth - moving C - equipment, machines, presses, forges, material sales (no outdoor storage), and related uses. 9. Contractors yards - C 10. Equipment rental yards - C 11. Fuel sales - C 12. Kennels and stables - C 13. Lumber and building material yards C C 14. Newspaper publishing P P 15. Plumbing shops P P -35- 62 MP -20000 ML -10000 16. Printing, lithography P P 17. Restaurants C C 18. Service Stations C C 19. Tire retreading and recapping - C 20. Trucking yard - C 21. Public storage /mini warehouse facilities C C D. Public, Semi - Public and Industrial Uses 1. Post offices and post terminals C C 2. Public utility pumping stations, electric generating stations and substations, C C equipment buildings and installations 3. Public utility service yards - C E. Agricultural Uses 1. Farms or ranches for orchards, tree crops, field crops, truck or flower P P gardening and growing of nursery plants. The sale of products raised on the premises shall be permitted. F. Accessory Uses 1. Accessory structures and uses located on the same site as a permitted or conditional use 2. Incidental services for employees on a site occupied by a permitted or conditional use P P P P 3. Watchman's or caretaker's living quarters only when incidental to P P and on the same site as a permitted or conditional use G. Temporary Uses 1. Temporary uses as prescribed in Section 13.1 P P -36- H. Other Uses Other uses as may be determined by resolution of the Planning Agency to be similar to and no more detrimental than existing permitted uses in any industrial zone. SECTION 11.2. PROPERTY DEVELOPMENT STANDARDS: INDUSTRIAL ZONES The following property development standards shall apply to all land and buildings permitted in their respective industrial zones, except that, any lot shown on an official subdivision map duly approved and recorded, or any lot for which a bonafide deed was duly recorded prior to the date of incor- poration of the City of Cypress, may be used as a building site. Each building site shall have a minimum 20- foot -wide vehicular access to a street. A. Special Requirements When any Industrial zone abuts or is situated across a street from a property in any residential zone, a minimum building setback of 100 feet shall be required from such residential zone; provided, however, that the 25 feet of said setback nearest the street or zone boundary line shall be landscaped and the remainder may be used for off - street parking purposes as provided in Section 14. A three - foot -high wall or berm shall be constructed in back of the landscaped area along street setbacks; along all other lot lines adjacent to residential zones, a six - foot -high wall shall be constructed. B. The following requirements are minimum unless otherwise noted: General Requirements MP -20000 ML -10000 1. Lot area, net square feet 20,000 10,000 2. Lot width, in feet 100 100 3. Lot depth, in feet 100 100 4. Front yard, in feet 30 10 5. Side yard, in feet 15 - 6. Side yard, street side, in feet 20 1.0 7. Rear yard, in feet 20 8. Lot coverage, maximum 60% 607 9. Building height, maximum, in feet 35 35 10. Off- street parking See Section 14 -37- 64 SECTION 11.3. PERFORMANCE STANDARDS: INDUSTRIAL ZONES A. In all Industrial zones, required front and street side yards shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. B. All required landscaping shall be permanently maintained in a neat and orderly condition. C. All mechanical equipment, including heating and air conditioning units, and trash receptacle areas shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. D. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site. E. Fire and Explosion Hazards. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the County Fire Marshal. All incineration is prohibited. F. Odor. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the site. G. Radioactivity. In all Industrial zones, the use of rdioactive materials shall be limited to measuring, guaging and calibration devices. H. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration percep- tible, without instruments, at the boundary of the lot on which the use is located. I. Outdoor Stora w Areas shall be entirely fenced with a material not less than six feet in height. Those areas visable from a public street shall be adequately screened by masonry walls or a substitute acceptable to the Planning Director J. Conformance Testing. Whenever there is a question of conformance with the performance standards of this Section, the Planning Director shall require the property owner or operator to engage the services of a certified testing firm. Copies of all such tests shall be furnished to the Planning Director. -38- 65 SECTION 11.4. SIGNS: INDUSTRIAL ZONES No sign or outdoor advertising structure shall be permitted in any Industrial zone except as provided in Section 15. SECTION 11.5. ACCESSORY STRUCTURES: INDUSTRIAL ZONES A. In any Industrial zone, accessory structures shall not be located in front of the main building. B. In any Industrial zone, accessory structures shall meet all of the setback requirements for main buildings. C. In any Industrial zone, architectural features, canopies, eaves, or stairways may project not more than one -half the width of the required setback. D. In any Industrial zone, accessory structures used for the selling of agricultural products shall be reviewed by the Planning Agency. SECTION 11.6. WALLS AND FENCES: INDUSTRIAL ZONES A. In any required front or street side yard area, a wall or fence shall not exceed three feet in height. B. In any required rear or interior side yard area, a wall or fence shall not exceed six feet in height as measured from the highest adjacent grade. C. A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed three feet in height within 15 feet of the intersection of said driveway and the street right -of -way. D. The provisions of this section shall not apply to a wall or fence required by any law or regulation of the State of California or any agency thereof. 66 SECTION 12. SPECIAL PURPOSE ZONES Because of their special or unique characteristics, the following Special Purpose Zones are established: A. MHP -20A Mobile Home Park Zone B. PRD -5A Planned Residential Development Zone C. PC -25A Planned Community Zone D. PS -1A Public and Semi - Public Zone E. (CC) Civic Center Combining Zone F. (LC) Lincoln Avenue Combining Zone G. (DI) Density Incentive Zone H. PCM Planned Commercial /Light Industrial Zone SECTION 12.1. MHP -20A MOBILE HOME PARK ZONE SECTION 12.1 -1. PURPOSES The MHP -20A, Mobile Home Park Zone, is intended for the exclusive development of mobile home parks. All mobile home parks shall be developed in accordance with the provisions of this Section. SECTION 12.1 -2. OCCUPANCY Except as provided in Section 13.1 (Temporary Uses), no mobile home shall be occupied or used for living or sleeping purposes unless it is located in a mobile home park. SECTION 12.3 -3. PROPERTY DEVELOPMENT STANDARDS The following regulations shall apply to the site of a mobile home park. Additional regulations may be specified as conditions of approval of Design Review by the Planning Commission: Minimum site area: Minimum frontage: Minimum site area per unit: Minimum yards: 20 acres 250 feet, continuous frontage 6,000 square feet 20 feet adjoining a street; 15 feet adjoining an interior lot line Maximum height: 35 feet -40- SECTION 12.1 -3. PROPERTY DEVELOPMENT STANDARDS (CONTINUED) Recreation area: Minimum of 150 square feet of recreation area for each mobilehome space. This requirement shall be increased to 200 square feet per mobilehome space if children under the age of 18 are per- mitted within the development. 67 SECTION 12.1 -4. SCREENING AND LANDSCAPING Required yards shall be landscaped in accord with a site development plan to be approved in accordance with the procedures of Design Review, and screening shall be provided around the entire site, except that where a required yard adjoins a street, screening shall be located at the rear of the required yard. SECTION 12.1-5. INTERIOR SITE DEVELOPMENT STANDARDS The following requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of Design Review. A. Mobilehome space. Each space shall contain a minimum of 3,500 square feet for exclusive use by the occupants of the space. Each space shall have at least 40 feet adjoining an access drive. Each space shall have dimensions capable of accommodating a rectangle with minimum dimensions of 45 feet by 65 feet. B. Mobilehome placement. Each mobilehome shall be located not less than 10 feet from the boundary of a mobilehome space, except that carports, patio covers, storage buildings, and similar structures accessory to a mobilehome may be located not less than 5 feet from the boundary of a mobilehome space. C. Access Drives. All mobilehome access drives within a mobilehome park shall be privately owned, and shall be at least 28 feet wide exclusive of adjoining parking areas. D. Sidewalks. Concrete sidewalks at least 5 feet in width shall be provided to serve each mobilehome space and to serve all central or common facilities within the mobilehome park. Sidewalks need not adjoin access drives. E. Landscaping. Not less than 20 percent of each mobilehome space shall be landscaped with plant materials, including at least one tree on each space. F. Minimum size mobilehome. All mobilehomes shall be at least double -wide coaches. G. Accessory buildings and uses. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, and maintenance or storage buildings, shall be located at least 50 feet from the boundary of the mobilehome park site. All exterior maintenance or storage areas shall be enclosed by a 6 -foot masonry wall. -41- H. Guest parking, boat or recreational vehicle storage areas shall be provided as required by the Planning Agency. SECTION 12.1 -6. IMPROVEMENT REQUIREMENTS On -site improvements shall be constructed and maintained in conformance with the conditions of approval of Design Review by the Planning Agency. Such improvements may include the design, construction and maintenance of the following: A. Access drives, sidewalks, and parking spaces. B. Walls and fences. C. Lighting. D. Drainage and sanitary sewer facilities. E. Electrical and water service. F. Fire protection facilities. G. Refuse collection facilities. SECTION 12.1 -7. PRE - EXISTING MOBILEHOME PARKS A pre- existing mobilehome park shall not be deemed non - conforming by reason of failure to meet the minimum requirements prescribed by this section, provided that the regulations of this section shall apply to the remodeling, enlargement or expansion of a mobilehome park, and provided that a pre- existing mobilehome park on a site less than 10 acres shall not be further reduced in area. SECTION 12.1 -8. SIGNS No sign or outdoor advertising structure shall be permitted in an MHP -20A zone except as provided in Section 15. SECTION 12.2. PRD -5A PLANNED RESIDENTIAL DEVELOPMENT ZONE SECTION 12.2 -1. PURPOSES A. Planned Residential Development regulations are intended to facilitate development of areas designated for residential use on the General Plan by permitting greater flexibility and, consequently, more creative and imaginative designs for the development of such residential areas than generally is possible under conventional zoning or subdivision regulations. B. These regulations are further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and, preservation of natural and scenic qualities of open spaces. -42- 69 SECTION 12.2 -2. USES PERMITTED: PRD -5A ZONE A. Planned Residential Development. B. Parks, playgrounds, riding and hiking trails, recreational buildings, structures and facilities; clubhouses, community centers and similar uses; provided, all such uses are designed for and limited to use by residents of the planned development and their guests. C. Public utility installations. D. Accessory uses and structures incidental to permitted uses. E. Temporary uses as prescribed in Section 13.1. F. Model Homes and Subdivision Sales Offices subject to the granting of a Conditional Use Permit. SECTION 12.2 -3. PROPERTY DEVELOPMENT STANDARDS: PRD -5A The following development requirements shall apply to all planned residential developments: A. The planned residential development shall be designed and developed in a manner compatible with and complimentary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. B. There shall be no minimum area requirement for individual lots or individual dwelling sites in a planned residential development. C. 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. D. The following specific site development requirements shall apply to a PRD -5A in any zone; these requirements are minimums unless otherwise noted: 1. Site area, in acres 5 2. Site frontage on public street, in feet 200 3. Front yard, in feet 25 4. Side yard, in feet 20 5. Side yard, street side, in feet 25 6. Rear yard, in feet 20 7. Building height, maximum 35 feet or 2 stories, whichever is less -43- 70 8. Site coverage, maximum 35% 9. Dwelling unit size, square feet 1,150 10. Parking spaces per unit, covered 2 11. Guest parking spaces per unit, uncovered 1 E. Required open space shall comprise at least 40 percent of the total area of the planned development. Land occupied by buildings, street, driveways or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by recreational buildings and structures may be counted as required open space. F. 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. H. Tf 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 con- struction 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. I. 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, or a public district or public agency a party to and entitled to enforce the reservation. The Planning Agency may require that open space easements over the required open space be conveyed to the City. J. No building, except as hereafter provided, shall be located closer than five 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. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right -of -way or private road easement. K. No garage or carport having straight -in access from a public or private street shall be located closer than twenty -five feet from the nearest edge of the sidewalk of such street, or, where no sidewalk exists, from the nearest edge of the street right -of -way or road easement, unless automatic garage door openers are to be provided; but in no case shall such garage or carport be located closer than five feet. L. Spacing between buildings shall be at least ten feet. -44- 71 M. Each building shall be surrounded on all sides by relatively level open space having a slope no greater than ten percent and extending a minimum distance of ten feet in all directions measured from the furthest projections of the external walls of the building. N. All public streets within or abutting the proposed planned development shall be dedicated and improved to City specifications for the particular classi- fication of street. When 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 City Planning Agency 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. 0. Planned residential developments shall relate harmoniously to the topography of the site, shall make suitable provision 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. P. 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 and meter cabinets, and concealed ducts in an underground system may be placed above ground. Q. The type, number and location of fire hydrants and other fire protective devices shall be subject to the specifications of the Fire Marshal. SECTION 12.2 -4. SIGNS: PRD -5A No sign or outdoor advertising structure shall be permitted except as prescribed in Section 15 (Signs) or as prescribed on the development plan. SECTION 12.2 -5. ACCESSORY USES AND STRUCTURES: PRD -5A Accessory uses and structures shall be located as specified on the development plans as approved by the City Planning Agency provided, however, that acces- sory structures shall meet all of the setbacks for site development as specified in Section 12.2.3 D. SECTION 12.2 -6. PRE - APPLICATION PROCEDURE Prior to submitting an application for a Planned Residential Development, the applicant or prospective developer should hold preliminary consultations with the Planning 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 general plan which expresses the con- cepts to be embodied in the proposed development. -45- SECTION 12.2 -7. APPLICATION: DEVELOPMENT PLANS AND MAPS An application for a Planned Residential Development must be for a parcel or parcels of land which is under the control of the person or corporation proposing the development. The application shall be accompanied by the following plans and maps: A. A boundary survey map of the property; a tentative subdivision map may be substituted if the applicant proposes to subdivide the property. B. Topography of the property and the preliminary proposed finished grade shown at contour intervals of not to exceed five feet. C. 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. D. A general development plan with at least the following details shown to scale and dimensioned: 1. Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, the gross building and floor areas, approximate location of entrances and loading points thereof. 2. All streets, curb cuts, driving lanes, parking areas, loading areas, public transportation points, and illumination facilities for the same. 3. All pedestrian walks, malls and open areas for the use of occupants and members of the public. 4. 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. 5. Types of surfacing, such as paving, turfing or gravel to be used at the various locations. 6. A preliminary grading plan of the area. E. Plans and elevations of buildings and structures sufficient to indicate the architectural style and construction standards. F. 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. and 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 ahall be a party to such C.C. and R's in order to ensure their continuance and enforceability. G. Such other information as may be required by the Planning Director to permit complete analysis and appraisal of the Planned Development. -46- 73 SECTION 12.2 -8. ADOPTION OF DEVELOPMENT PLANS AND MAPS The development plans and maps submitted with the application for a Planned Residential Development shall be approved and adopted by the City Council and included in the Ordinance establishing the PRD -5A zone. SECTION 12.2 -9. AMENDMENTS TO THE DEVELOPMENT PLANS All development within the PRD -5A zone shall comply substantially with the Development Plans as approved and adopted by the City Council. Any amendments to the Development Plans shall be accomplished in the same manner as an amendment to the zoning regulations as prescribed in Section 17.4. SECTION 12.3. PC -25A - PLANNED COMMUNITY ZONE SECTION 12.3 -1. PURPOSES In addition to the objectives outlined in Section 1 (Purposes and Scope), the Planned Community zone is designed to achieve the following purposes: A. 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. B. 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. C. To provide for a zone encompassing various types of land uses, such as single- family residential developments, multiple housing develop- ments, professional and administrative office areas, commercial centers, industrial parks or any public or semi - public use or combina- tion of uses through the adoption of a Development Plan and text materials which set forth land use relationships and development standards. SECTION 12.3 -2. USES PERMITTED: PC -25A A. Those uses designated on the Development Plan for the particular PC -25A zone as approved by the City Council. B. The continuation of all land uses which existed in the zone at the time of adoption of the Development Plan. 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. C. Public utility installations. D. Accessory uses and structures incidental to permitted uses. E. Temporary uses as prescribed in Section 13.1. -47- 74 SECTION 12.3-3. GENERAL REQUIREMENTS: PC -25A The following requirements shall apply to all PC -25A zoned areas: A. An application for a Zone Change to permit the establishment of a PC -25A Zone shall include and be accompanied by a Development Plan for the entire property. B. An application for a Zone Change to establish a PC -25A zone must be for a parcel or parcels of land which is under the control of the person or corporation proposing the development. C. The area contained within a proposed PC -25A zone shall be not less than 25 acres. D. A Conditional Use Permit may be required for any land use designation on the Development Plan. E. 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 question in conjunction with the filing of a Conditional Use Permit, Tentative Subdivision, or Parcel Map, or construction permits. SECTION 12.3 -4. PRE - APPLICATION PROCEDURE: PC -25A Prior to submitting an application for a PC -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 plan and other material which expresses the relationship between the various land uses and the development concepts to be employed. SECTION 12.3 -5. DEVELOPMENT PLAN: PC -25A The Development Plan of a proposed PC -25A zone should 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 Development Plan shall be submitted in a form approved by the Planning Director B. The development of sections or areas x/ithin the PC -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 Development Plan as approved by the City Council. -48- w �� 3. Approval of a Conditional Use Permit by the Planning Agency prior to development. 4. Approval of a tentative subdivision or parcel map. C. The Development Plan and any amendment thereto shall include the following: 1. The type and character of buildings or structures and the number of dwelling units per gross acre proposed for each residential area. 2. A statement of the standards of population density for the various proposed residential land uses. 3. The general location of school sites, recreational areas, and other public and semi - public sites and the approximate area of each. 4. The general location of all major, primary, secondary and local collector streets coordinated with the Circulation Element of the Cypress General Plan. D. The Development 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 Development 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 PC -25A zone. 3. A topographic map and conceptual grading plan of the property. 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 Development Plan to all proposed types of land uses. SECTION 12.3 -6. ADOPTION OF DEVELOPMENT PLAN The development plan and supporting statements and documents submitted with the application for a Planned Community shall be approved and adopted by the City Council and included in the Ordinance establishing the PC -25A zone. -49- SECTION 12.3 -7. AMENDMENTS TO THE DEVELOPMENT PLAN All development within the PC -25A zone shall comply substantially with the Development Plan as approved and adopted by the City Council. Any amendments to the Development Plan shall be accomplished in the same manner as an amendment to the zoning regulations as prescribed in Section 17.4. SECTION 12.3 -8. APPLICATION FOR CONDITIONAL USE PERMIT DEVELOPMENT: PC -25A A Conditional Use Permit required for the development of any portion or area of a PC -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 Development 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. 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. -50- 77 M. Such other information as may be required by the Planning Director to permit a complete analysis and appraisal of the planned development. SECTION 12.4. PS -1A - PUBLIC AND SEMI - PUBLIC ZONE SECTION 12.4-1 PURPOSES In addition to the objectives prescribed in Section 1 (Purposes and Scope), the PS -1A Public and Semi - Public Zone is included in the Zoning Regulations to permit adequate identification of areas reserved and developed for public uses other than street rights -of -way, to provide for expansion of their operations or change in use and to identify and preserve areas of historic and community significance for the enjoyment of future generations. SECTION 12.4 -2 PERMITTED AND CONDITIONAL USES 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. P The sale of products raised on the premises 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 3. Keeping of animals except as prescribed in 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 non - profit schools and colleges C L. Public or private parks, golf courses, golf driving ranges, zoos, swim clubs, and other recreation facilities C -51- SECTION 12.4 -2. PERMITTED AND CONDITIONAL USES (CONTINUED) M. Public utility installations N. Riding academies or stables 0. Fairgrounds and accessory uses and entertaintment C C C P. Accessory uses and structures incidental to permitted P or conditional uses Q. Commercial uses incidental, accessory or in conjunction P with the above permitted or conditional uses. SECTION 12.4 -4 PROPERTY DEVELOPMENT STANDARDS The following regulations shall apply to the site of a permitted or conditional use; these requirements are minimums unless otherwise noted: Site area: Site width: Site depth: Front yard: Side yard: Rear yard: Maximum coverage: SECTION 12.4.4. SCREENING AND LANDSCAPING One acre 160 feet 160 feet 30 feet 25 feet 25 feet 40 percent Screening and landscaping for a conditional use shall be specified in the use permit. SECTION 12.4.5. OFF STREET PARKING Off- street parking facilities shall be provided for each use as prescribed in Section 14 (Off- Street Parking). SECTION 12.4.6. SIGNS No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in Section 15 (Signs). 79 SECTION 12.5. (CC) - CIVIC CENTER COMBINING ZONE SECTION 12.5 -1. PURPOSES In addition to the objectives prescribed in Section 1 (Purposes and Scope), a Civic Center Combining Zone -- designation (CC) -- is included in the Zoning Regulations to provide a zone designed to protect the public interest in certain major public developments and at the same time protect private interests in the peripheral area thereof by creating an environment compatible with thepurpose of the public development. SECTION 12.5 -2. REQUIREMENTS A. A Conditional Use Permit shall be required for all uses permitted in a zone with which a (CC) zone is combined except for the establishment of single - family dwellings. B. All other requirements as are set forth in the zone with which the (CC) zone is combined. SECTION 12.5 -3. DEVELOPMENT STANDARDS Performance, development and maintenance standards, including screening, landscaping and signing shall be as specified in the Conditional Use Permit. SECTION 12.6. LINCOLN AVENUE COMBINING ZONE SECTION 12.6 -1. PURPOSES In addition to the objectives prescribed in Section 1 (Purposes and Scope) a Lincoln Avenue Combining Zone -- designation (LC) -- is included in the Zoning Regulations for the following purposes: A. To promote a revitalization of the Commercial areas on Lincoln Avenue and thereby enhance the economic base of the City. B. To improve the image of the City by providing an aesthetically pleasing environment along Lincoln Avenue. C. To expand opportunities for the development of identified deep lots by providing a means for the establishment of a variety of urban uses in conjunction with commercial projects. SECTION 12.6 -2. USES PERMITTED Any urban use provided for by the Zoning Ordinance shall be permitted in the (LC) Zone subject to a Conditional Use Permit. SECTION 12.6 -3. PROPERTY DEVELOPMENT STANDARDS A. All property development standards as are set forth for the zone in which the urban use applied for is found, shall be required. -53- 80 B. If any residential uses are proposed in conjunction with the development of any deep lot which is located in the (LC) Zone, the frontage of said parcel shall be developed with primarily commercial uses for a minimum'depth of 200 feet as measured from the front lot line, prior to or concurrent with the residential development. C. Such other development standards as are specified in the Conditional Use Permit shall be required. SECTION 12.6 -4. PERFORMANCE STANDARDS A. All performance standards as are set forth for the zone in which the urban use applied for is found shall be required. B. Such other performance standards as may be specified in the Conditional Use Permit shall be required. SECTION 12.6 -5. SIGNS No sign or outdoor advertising structure shall be permitted on any parcel of land whereon the (LC) Zone is designated, except as provided in Section 15 or as specified in the Conditional Use Permit. SECTION 12.7. DENSITY INCENTIVE - (DI) OVERLAY ZONE SECTION 12.7 -1. PURPOSES A. To provide regulation for the development of those 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 2) accommodate larger parcels of land that are either existing or newly combined. B. To provide, through a density bonus for combining lots, the option for multi- family residential development on minimum lot sizes of 13,000 square feet and maximum densities of 11.0 dwelling units per acre. SECTION 12.7 -2. APPLICABILITY The regulations contained herein shall be considered as a supplement to the regulations contained in the City's adopted ordinances which are applicable to the subject property. SECTION 12.7 -3. PERMITTED AND CONDITIONAL USES The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears in the column beneath each zone designation: A. Residential Uses Overlay (DI) Zone 1. Single-family dwellings P 2. Dwelling groups on a site containing act less than 2 acres C 3. Multiple Dwellings C -54- B. Public and Semi - Public Uses 1. Day nurseries and ns;'sery schools C 2. Churches, convents, monasteries, and other religious institu':ions �- 3. Educational thstitutions C 4. Public parks and recreational facilities C 5. Public libraries and museums C 81 Overlay (DI) Zone 6. Private schools and colleges, not including art, business or trade schools and colleges C 7. Public utility and public service sub - stations, reservoirs, pumping plants, and similar installations, C not including public utility offices 8. Recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental limited commercial uses which are commonly associated C and directly related to the primary use. 9. Retirement communities C C. Home Occupations Home occupations are subject to the provisions of Section 13.2. D. Accessory Uses 1. Accessory structures and uses located on the same site as a permitted use 2. Accessory structures and uses located on the same site as a Conditional Use P P C E. Temporary Uses 1. Temporary uses as prescribed in Section 13.1 P 2. Model home and subdivision sales C SECTION 12.7 -4. PROPERTY DEVELOPMENT STANDARDS The following requirements are minimum unless otherwise noted and shall apply to the development of dwelling groups and multiple dwellings: -55- 82 A. General Requirements Overlay (DI) Zone 1. Density, maximum dwelling units per acre 11 2. Building site net land area in square feet 13000 3. Lot width, in feet 100 4. Lot depth, in feet 130 5. Front yard in feet 20 6. Side yard, in feet 10 7. Side yard, street side, in feet 10 8. Rear yard, in feet 20 9. Lot coverage, maximum 40% 10. Building height, maximum 1 story, except 30% of the first story structure may be 2 story. 11. Dwelling size 12. Parking within a garage 800 sq. ft. - 1 bedroom 900 sq. ft. - 2 bedroom 1100 sq. ft. - 3 bedroom 2 for ea. unit, plus 1 additional guest parking stall for each 2 dwelling units. 13. Distance between buildings not exceeding fifteen feet (15') in height, in feet. 15 14. Distance between buildings where one or more exceeds fifteen feet (15') in height, in feet. 20 SECTION 12.7 -5. PERFORMANCE STANDARDS A. In the (DI) Overlay Zone, 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 or parking spaces may not be counted in satisfying this open space requirement. B. In the (DI) Overlay Zone, minimum building site per multiple dwelling unit shall be 3,950 square feet. C. All performance standards not in conflict with those stated herein as required by the underlying zone with which the DI Overlay Zone is combined. -56- 83 SECTION 12.8. PCM PLANNED COMMERCIAL /LIGHT INDUSTRIAL ZONE SECTION 12.8 -1. PURPOSES The Planned Commercial /Light Industrial Zone is intended to facilitate development of areas designated for commercial and light industrial uses on the Genral Plan. These regulations are intended to encourage commercial and industrial growth through the precise development plan process. This zone permits flexibility while stimulating imaginative creativity, to produce viable business parks for the benefit of the community. SECTOIN 12.8 -2. USES PERMITTED A. All those office, commercial and light industrial uses compatible with the intent of the Planned Commercial /Light Industrial Zone are permitted as designated on the approved general development plan and as further specified in a text or report outlining the types of uses permitted and any conditions of development attached thereto and adopted as part of the PCM Zone. B. The continuation of all land uses which existed in the zone at the time of adoption of the ordinance and accompanying general development plan establishing the Planned Commercial /Light Industrial Zone. Existing land uses shall be either incorporated as part of the Development Plan or shall be terminated in accordance with a specific abatement schedule submitted and approved as part of the general development plan. C. Public utility installations. D. Accessory uses and structures incidental to permitted uses. E. Temporary uses as prescribed in Section 13.1. F. Sales offices. SECTION 12.8 -3. GENERAL REQUIREMENTS The following requirements shall apply to all PCM zoned areas: A. An application for a Zone Change to permit the establishment of a PCM Zone shall include and be accompanied by a General Development Plan for the entire property. B. An application for a Zone Change to establish a PCM Zone must be for a parcel or parcels of land which is under the control (either by ownership or in escrow with consent of the property owner) of the person or corporation proposing the development. C. The area contained within a proposed PCM Zone shall be not less than 5 acres. -57- 84 D. A Conditional Use Pemit may be required for any land use designation on the Development Plan as specified by the Planning Agency. E. 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 question in conjunction with the filing of a Conditional Use Permit, Tentative Subdivision, or Parcel Map, or construction permits. SECTION 12.8 -4. PROPERTY DEVELOPMENT STANDARDS The following development requirements shall apply to all Planned Commercial/ Light Industrial Zones: A. The planned commercial /light industrial development shall be designed and developed in a manner compatible with and complimentary to existing development within the immediate area of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. The following specific site development requirements shall apply to a Planned Commercial /Light Industrial Zone, these requirements are minimum unless otherwise noted: 1. Site area 2. Site frontage on public street 3. Setback from major arterial or secondary street 4. Setback from local street 5. Setback from "R" zoned property 6. Building height, maximum 5 acres 200 feet 20 feet 15 feet 25 feet 35 feet B. No building, except as hereafter provided, shall be located closer than five 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. C. All public streets within or abutting the proposed planned development shall be improved to City specifications for the particular classification of street. When 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 Planning Agency and City Attorney. -58- 85 D. 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. E. The type, number and location of fire hydrants and other fire protection devices shall be subject to the specifications of the Fire Marshal. SECTION 12.8 -5. SIGNS The intent of the PCM Zone is to produce a business park atmosphere with a modern, well landscaped appearance. The usage of outdoor advertising such as billboards and off- premise signing is strictly prohibited. The following sign criteria shall apply to all commercial and industrial uses. A. Wall Signing - For each use, one single -faced lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of business frontage or portion thereof, may be placed on each side of the building fronting on a street, parking lot or mall to a maximum of 75 square feet per sign; provided, however, there shall be not more than two such signs per use, unless the Planning Director shall find, on the basis of the location of the building, its proximity to the type of street and other circumstances he deems appropriate, that more than two signs would be consistent with the design criteria established by this Ordinance. B. Freestanding Signs - For each legally created parcel of land, a maximum of one freestanding double -faced monument sign not exceeding four feet in height from grade and 75 square feet in area shall be permitted, subject to Planning Agency review and approval. SECTION 12.8 -6. PARKING The parking requirements for the PCM Zone shall be in accordance with Section 14, Off- street Parking, of the Zoning Ordinance of the City of Cypress. SECTION 12.8 -7. ACCESSORY USES AND STRUCTURES Accessory uses and structures shall be located as specified on the develop- ment plans as approved by the Planning Agency provided, however, that accessory structures shall meet all of the setbacks for site development as specified in Section 12.8 -3. SECTION 12.8 -8. DEVELOPMENT PLAN An application for the establishment of a PCM Zone shall be accompanied by a general development plan for the entire site and shall include the following: A. A boundary survey map of the property. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property. B. A general land use map setting forth the proposed uses of all sections -5,9- or areas within the subject property and the approximate acreage of each. C. An accompanying test setting forth the land use regulations which constitute the standards of development designed to govern those sections or areas specified in the Development Plan. Such standards shall contain definitions and information concerning requirements for building site coverage, building heights, building setbacks, lighting, storage, screening and landscaping, and any other information which the Planning Director shall require to insure substantial compliance with the purpose of the PCM Zone. D. The location of each existing and each proposed structure in the develop- ment area, the use or uses to be contained therein, the number of stories, the gross building and floor areas, approximate location of entrances and loading points thereof. E. The location of all streets, curb cuts, driving lanes, parking areas, loading areas, public transportation points, and illumination facilities for the same. F. The location of all pedestrian walks, malls and open areas for the use of occupants and members of the public. G. An identification of the areas proposed for landscaping. H. The types of surfacing, such as paving, turfing or gravel to be used at the various locations. I. Plans and elevations of buildings and structures sufficient to indicate the architectural style and construction standards. J. 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 (CC &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 a party to such CC &R's in order to ensure their continuance and enforceability. K. Such other information as may be required by the Planning Director to permit complete analysis and appraisal of the Planned Development. SECTION 12.8 -9. ADOPTION OF DEVELOPMENT PLAN The general development plan and supporting statements and documents sub- mitted with the application for a Planned Commercial /Light Industrial Zone shall be approved and adopted by the City Council and included in the Ordinance establishing the PCM Zone. -60- 87 SECTION 12.8 -10. AMENDMENTS TO THE DEVELOPMENT PLAN All development within the PCM Zone shall comply substantially with the general development plan as approved and adopted by the City Council. Any amendments to the development plan shall be accomplished in the same manner as an amendment to the Zoning Ordinance as prescribed in Section 17.4. ss SECTION 13. SPECIAL USES AND CONDITIONS SECTION 13.0. GENERAL The provisions of this Section shall apply to the uses and conditions here- inafter enumerated. Where this Section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this Section shall apply. SECTION 13.1. TEMPORARY USES A. Circuses, carnivals and similar transient amusement enterprises, subject to the provisions of Article 3, Chapter 15 of the Code of the City of Cypress. B. Christmas tree sales lots, subject to not more than 40 days of site occupation and operation in any 360 -day period. C. Firework stands subject to not more than 10 days of site occupation and operation in any 360 -day period. D. Campaign offices subject to not more than 70 continuous days of site occupation and operation. E. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 30 days of display in any one -year period for each exhibit. F. Outdoor art and craft shows and exhibits, subject to not more than 15 days of operation or exhibition in any 90 -day period. G. Contractors' offices and storage yards on the site of an active construc- tion project. H. Mobile home residences for security purposes on the site of an active construction project. I. Parking lot and other outdoor sales sponsored by merchants limited to one sale per calendar quarter. Rummage and other outdoor sales sponsored by local non - profit organizations limited to one sale in each six -month period. J. Additional uses determined to be similar to the foregoing in the manner prescribed by Section 17.1 (Determination as to Uses Not Listed), subject to conditions to be prescribed by the Planning Agency. SECTION 13.1 -1. PERMITS AND BONDS All temporary uses shall be subject to the issuance of a temporary use permit by the Planning Director. In the issuance of such a permit, the Planning Director shall indicate the permitted hours of operation and other conditions, such as walls or fences, signs and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare. Prior to the issuance of a permit for a temporary use, a cash bond shall be deposited with the -62- 89 Finance Department for those uses listed in Section 13.1. This deposit shall be used to defray the costs of cleanup of the property by this City in the event the permitee fails to do same. A. To be determined by Planning Director depending upon site utilization. B. $50.00 C. $50.00 D. To be determined by Planning Director depending upon site utilization. E. To be determined by Planning Director depending upon site utilization. F. To be determined by Planning Director depending upon site utilization. G. None required. H. None required. I. To be determined by Planning Director depending upon site utilization. J. To be determined by Planning Director depending upon site utilization. SECTION 13.1 -2. EXTENSION OR MODIFICATION OF LIMITATIONS Upon written application, the Planning Director may extend the time within which temporary uses may be operated (Up to a period of 90 days), or may modify the limitations under which such uses may be conducted if the Planning Director determines that such extension or modification is in accord with the purposes of the zoning regulations. SECTION 13.1 -3. CONDITION OF SITE FOLLOWING TEMPORARY USAGE Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence, including off -site signs, of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations. SECTION 13.2 HOME OCCUPATIONS A. 1. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. 2. In no way shall the appearance of the structure or premises be so altered or the conduct of the occupation within the structure be such that the structure or premises may be reasonably recognized as serving a non - residential use (either by color, materials, or construction, lighting, signs, sounds or noises, vibrations, display of equipment, etc.). 3. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation. 4. No motor or mechanical equipment shall be permitted other than normally incidental to the use of the structure as a dwelling. -63- 90 5. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located. 6. 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. 7. No more than one (1) room in the dwelling shall be employed for the home occupation. 8. No building or space outside of the main building shall be used for home occupational purposes except approved horticultural related activities. 9. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes. 10. A home occupation shall not create any radio or television inter- ference or noise audible beyond the boundaries of the site. 11. No smoke, odor, liquid, or solid waste shall be emitted. 12. There shall be no outdoor storage or display of materials or equip- ment maintained on the premises. 13. The conduct of the home occupation shall not interfere with the maintenance of the two required parking spaces within the garage. 14. A Business Tax Certificate shall be obtained from the Finance Department. 15. No slaes shall be conducted on the premises. 16. The application shall be subject to review each year by the Planning Director. Violation of any of the criteria listed above shall result in cancellation of the home occupation permit and revocation of the business license. B. A decision of the Planning Director regarding the approval, disapproval, or conditions imposed may be appealed in writing to the Planning Agency within fifteen (15) days of notice of the decision. C. The City Planning Agency shall review newly issued home occupation permits on a quarterly basis. -64- 91 SECTION 13.3. REQUIRED STREET DEDICATIONS AND IMPROVEMENTS By reason of the fact that changes will occur in the local neighborhoods and the City generally due to the increase in vehicular traffic, including trucking, increase in pedestrian traffic, increased noise, and other activites 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, and these requirements must be met and complied with before any building permit may be issued. A. All required streets and alleys, both local and highways, which abut the subject property and are not designated as private streets or alleys, shall be dedicated or a deed of dedication deposited in escrow with an escrow agent acceptable to the City Attorney, the delivery of which is conditioned upon the required permit being granted, to the full 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. B. 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. Said 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. C. The provisions and requirements of subsection 13.3 -B (above) may be waived for "Rural Streets" when such streets have been designated by resolution of the City Council. D. The Planning Director shall not approve the issuance of a building permit until the requirements of thisSectionhave been met. The provisions of this Section 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% of the estimated value of the existing building. The estimated values shall be made by or reviewed and approved by the Building Official. -65- - 92 SECTION 14: OFF- STREET PARKING SECTION 14.0. PURPOSES In order to alleviate or to prevent traffic congestion and shortage of curb spaces, off - street parking facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. The number of parking spaces prescribed in this Section or to be prescribed by the Planning Director, shall be in proportion to the need for such facilities created by the particular type of use. Off- street parking is to be laid out in a manner that will ensure its usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from its impact. SECTION 14.1. BASIC REQUIREMENTS FOR OFF- STREET PARKING A. Off- street parking shall be provided for any new building constructed and for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required, subject to the provisions of this article. B. No existing use of land or structure shall be deemed to be non - conforming solely because of the lack of off - street parking facilities prescribed in this Section, provided that facilities being used for off - street parking on the effective date of this Ordinance shall not be reduced in capacity to less than the minimum standards prescribed in this article. C. For additions or enlargements of existing buildings or uses, or any change of occupancy or manner of operation that would increase the number of parking spaces required, the additional parking shall be required only for such addition, enlargement, or change and not for the entire building or use, provided that no additional parking shall be required where the total number of spaces prescribed for the addition, enlargement, or change is less than 10 percent of the number of spaces prescribed for the use as conducted prior to such addition, enlargement or change. D. Parking required by this section for any building or use shall not be considered as providing parking for any other building or use, except where a joint parking facility serving more than one building or use contains not less than the total number of spaces required for each building or use as determined separately, or where the Planning Agency determines that overlapping parking requirements will not conflict with each other. E. All off - street parking spaces and areas required by Section 14 shall be maintained for the duration of the use requiring such areas. Required parking spaces and areas shall not be used for the sale, display or repair of motor vehicles or other goods and services. F. No use shall be required to provide more spaces than prescribed by Section 14 or prescribed by any Conditional Use Permit. -66- 93 SECTION 14.2 PARKING SPACES REQUIRED A. General 1. In the CN Zone, off - street parking for a shopping center shall be provided on the same site at a ratio of 5 spaces for each 1,000 square feet of gross floor area. 2. In all residential zones, for residential uses, off - street parking shall be provided in accordance with Section 9.2B -12. 3. In all other zones and for all other uses, off - street parking shall be provided in accordance with the standards prescribed in Section 14.2B. The requirement for any use not specifically listed shall be determined by the Planning Director on the basis of the require- ment for similar uses. 4. Where the application of the off - street parking requirements results in a fractional number of spaces, a fraction of one -half or greater shall be resolved to the next higher whole number. 5. All required off - street parking spaces shall be located on the same lot as the use to be served. B. Schedule of Off- Street Parking Requirements USE MINIMUM OFF- STREET PARKING REQUIRED Automobile, boat, camper, or similar vehicle sales, display or rental uses Automobile car wash 1 space for each 500 square feet of gross floor area, but not less than 5 spaces. Spaces or reservoir parking and drying equal to 5 times the capacity of the car wash. Bank, financial institution, public 1 space for each 200 square feet of gross or private utility office floor area. 1 space for each 250 square feet of gross floor area. Barber or beauty shop Boarding or rooming house Church, chapel, or mortuary Cleaning or laundry use or similar personal service use -67- 1 space for each guest room or guest dwelling. 1 space for each 3 seats in the main assembly room; or 1 space for each 20 square feet in the main assembly room. 1 space for each 250 square feet of gross floor area 94 USE Clubs or lodges College, or University, including auditoriums, stadiums and housing facilities Commercial service uses, repair shops, garages, wholesale uses Convalescent home /hospital Convenience markets Country club, swim club or recreation use Day nursery or nursery school Dormitories or other student housing Drive -in restaurants Elementary or junior high school Food store, supermarket or similar use High school, including auditoriums and stadiums on site Hospital Manufacturing or industrial uses, including office or other incidental operations on the site -68- MINIMUM OFF- STREET PARKING REQUIRED 1 space for each 3 seats in the main assembly room; or 1 space for each 20 square feet in the main assembly room. .75 spaces for each full -time equivalent student, less the number of spaces provided for on- campus housing facilities according to this schedule. 1 space for each 200 square feet of gross floor area (including display) 1 space for each 3 patient beds 1 space for each 200 square feet of gross floor area 1 space for each 3 persons based on the maximum anticipated capacity of all facilities capable of simultaneous use as determined by the Planning Director. 1 space for each staff member plus 1 space for each 10 students. 1 space for each two guest rooms. 1 space for each 200 square feet of gross floor area, but not less than 10 spaces for each such establishment. 2 spaces for each teaching station. 1 space for each 150 square feet of gross floor area (including display) 7 spaces for each teaching station. 1 space for each patient bed 2 parking spaces for each 3 employees, but in no event less than 2 spaces for each 1,000 square feet of gross floor area. USE Medical or dental office Other business, technical service, administrative or professional office or commercial building Plant nursery, garden shop Restaurant, cocktail lounge, or similar use for sale or consumption of food or beverage Service Station Theater or auditorium not on a school site Warehouse and distribution industry 95 MINIMUM OFF- STREET PARKING REQUIRED 5 spaces for each doctor 1 space for each 200 square feet of gross floor area. 5 spaces, plus 1 additional space for each 1,000 square feet of outdoor sales or display 1 space for each 100 square feet of gross floor area, but not less than 10 spaces for each such establishment. 5 spaces 1 space for each 3 seats in main assembly room; or, 1 space for each 20 square feet in main assembly room 2 parking spaces for each 3 employees, but in no event less than 2 spaces for each 1,000 square feet for the first 20,000 square feet; 1 space for each 2,000 square feet for the second 20,000 square feet; 1 space for each 4,000 square feet of floor area of the building area. If there is more than 1 shift, the number of employees on the largest shift may be used in determining parking requirements. SECTION 14.3. SITE DEVELOPMENT STANDARDS FOR OFF- STREET PARKING AREAS A. Each off- street parking space shall consist of a rectangular area not less than 9 feet wide by 20 feet long, together with drives, aisles, turning and maneuvering areas and having access at all times to a public street or alley. B. Each off - street parking area shall provide an area or areas landscaped equivalent to 20 square feet for each parking space. Such landscaping shall be provided along the periphery of the parking area and shall consist of trees and plant material; provided, however, that such landscaped area shall include at least one minimum 15- gallon tree for each 5 parking spaces. In addition, one minimum 15- gallon tree shall be provided in the interior portions of the parking area for each 1500 square feet of parking area. Required landscaped yard or setback areas shall not be construed as satisfying any portion of the landscaped area required by this Section. -69- C. Any unused space resulting from the design of the parking area shall be used for landscape purposes. D. All required landscaped areas shall be provided with a permanent and adequate means of irrigation and shall be adequately maintained. E. All off - street parking areas shall be constructed and maintained to provide the following: 1. Grading, drainage, and a minimum of two inches of asphaltic concrete paving over a four inch aggregate base to the specifications of the Building Superintendent. 2. Internal spacing, circulation, and dimensions as indicated on the sample parking lot plan (see page 59). 3. Bumpers, wheel stops, stall markings and other vehicular control to the specifications of the Building Superintendent. 4. Lighting to the specifications of the Building Superintendent. In all cases, such lighting shall be arranged so that direct rays do not shine into adjacent property. 5. Drainage shall be provided to the specifications of the City Engineer. F. Parking area design dimensions shall be as follows: (See sample parking lot plan). In the event practical difficulties and hardships result from the strict enforcement of the following standards due to existing permanent buildings or an irregularly shaped parcel, an administrative variance by the Planning Director may be given for Standards No.lthrough No. 4 inclusive, not to exceed ten (10) percent: Note: The number in the left -hand column of the following listing refers to the numbers on the attached sample parking lot plot plan. 1. 30° 45° 60° 90° 2. 16' 19' 20' 20' 3. 14' 18' 20' 25' 4. 46' 56' 60' 65' -70- 9 5. 14' for one -way traffic; 24' for two -way traffic (two -way aisles shall be permitted only on 90° parking designs.) 6. Islands shall have a maximum length of 180 feet. 7. Islands shall have a minimum width of 6 feet. The minimum average width of islands at the extremities of 90° parking islands shall be 6 feet. 8. Curbs shall be installed at a minimum of 5 feet from face of walls, fences, buildings or other structures. This requirement excepts driveways that are not a part of the maneuvering area for parking. A curb shall be installed a minimum of three feet (3') from the edge of driveways that are parallel to block walls or fences. 9. Curb radius shall be 3 foot minimum. 10. Driveway widths shall be 24 foot minimum and constructed to City standards. 11. First parking space for angle parking shall be 10 feet minimum distance from property line. 12. Concrete walks with a minimum width of two feet (2') shall be installed adjacent to parking spaces as indicated. 13. Walk openings four feet (4') wide shall be permitted in the island every 5 spaces. 14. Double line striping 12 inches on center shall be used for marking parking spaces. All parking stall widths shall be nine feet (9') minimum except parallel parking stalls, which shall be a minimum of 8 x 24 feet. See Sample Parking Lot Plot Plan on next page. 15. Parking stall length may include allowance for vehicle overhang of a curb or planter area. G. Where off - street parking facilities are provided but not required by Section 14, such facilities shall comply with the development standards of this Section. H. Loading spaces shall be provided to the specifications of the City staff under Design Review. -71- I. At the discretion of the City staff, off - street parking facilities providing more than forty (40) parking spaces may provide an on -site traffic circulation and parking plan to accommodate both full -size and compact car spaces. Said optional parking plans shall meet the following criteria: 1. Not more than 20% of the total number of parking spaces shall be designed for compact and sub - compact vehicles. 2. Compact spaces must be evenly spread throughout the total off - street parking area and located opposite a 45 °, full -size aisle and parking stall. 3. Compact car spaces shall measure at least nine feet by fifteen feet in size. j. Parking for the handicapped shall be provided in accordance with State requirements. SAMPLE PARKING LOT PLOT PLAN -73- Scale: 1" = 30` 100 SECTION 15. SIGNS SECTION 15.0 PURPOSE The location, height, size, and illumination of signs are regulated in order to maintain the attractiveness and orderliness of the City's appearance; to protect business sites from loss of prominence resulting from excessive signs on nearby sites and to protect the public safety and welfare. SECTION 15.1 GENERAL PROVISIONS A. All sign illumination shall be from the interior or by indirect lighting. Signs animated by illumination may be permitted in the PS -1A, CG -10000 and CH -10000 Zones subject to the approval of the City staff under Design Review. B. No sign shall rotate or simulate movement by means of fluttering, spinning or reflective devices except as provided in Section 15.1 -A (above). C. No sign may encroach upon or overhang adjacent property or public right -of -way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right -of -way. D. Canopy signs shall not project above the canopy; and signs attached to a building shall not project above the eave line except as approved by the City staff under Design Review. E. The square footage of a sign made up of letters, words, or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words, or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words, or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed. F. All signs shall be structurally safe, shall be of rust inhibitive material, and shall be maintained in good condition in the opinion of the Planning Director and Building Superintendent. It shall further be the responsibility of the property owner of the land and /or improvements to remove any sign or signs on premises where the use has been discontinued for a period of over ninety (90) days. G. All signs, together with all of their supports, braces, guys and anchors shall be kept in repair and in a safe state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Also, all weeds shall be cleaned and removed periodically. The Building Official may order the removal of any sign that is not maintained in accordance with the provisions of Section S -305 of the Uniform Sign Code. -74- 001 101 H. No cloth, paper, plastic or similar advertising signs or devices other than in rigid frames as provided herein shall be permitted. I. Signs painted on or attached to vehicles which are parked on the public premises for a period in excess of 24 hours shall be considered signs within the meaning of this ordinance and shall be specifically prohibited. J. No roof signs shall be permitted. However, where no building setback is provided, roof signs may be permitted subject to the approval of the City Staff under Design Review. K. No person shall exhibit, post or display upon any sign or wall any statement, symbol or picture of an obscene nature. L. No person, firm or corporation shall erect, construct, enlarge, modify or relocate any sign in the City without first obtaining a building permit for each such sign. Where said sign is electrical or illuminated by electricity, a separate electrical permit shall be obtained. M. Signs painted on buildings shall not be permitted in any zone except in the CH -10000 Zone subject to approval by the City Staff. N. Signs shall not blink, flash, or be animated by lighting in any fashion in any zone except as provided in Section 15.1 -A (above). SECTION 15.2 EXEMPT SIGNS The following signs shall be exempt from the provisions of this section: A. Official notices authorized by a court, public body, or public officer. B. Directional, warning or information 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 and historical tablets. E. Political Signs SECTION 15.3 SPECIAL- PURPOSE SIGNS The following special- purpose signs shall be permitted: A. Directional Signs. In any zone, one parking directional sign not exceeding ten (10) square feet in area or six (6) feet in height at each parking area entrance or exit. -75-- B. Real Estate and Development Signs 1. For sale or rental signs. In any zone, one on -site unlighted sign not exeeeding six square feet on each street frontage adjoining a site, plus one "Open House" sign. Open house signs shall not be located in landscaped parkways, street medians, or bike trails. Freestanding signs shall not exceed six feet in height. All sale and rental signs shall be removed within thirty (30) days from the date of sale. 2. Construction signs. On the site of a project actively under construc- tion, one unlighted sign not exceeding ten square feet in area for each contractor, architect or engineer engaged in a project. Signs may be combined. Freestanding signs shall not exceed six feet in height. Said signs shall be removed within five (5) days after the issuance of a certificate of occupancy by the Building Superintendent. 3. Directional subdivision signs. In any zone, unlighted signs advertising subdivisions containing only the name of the subdivision, the name of the developer and /or agent, an identification emblem and directional . message shall be permitted, provided: a. There shall be no more than three such signs located within the City limits for each subdivision. b. The total area of each sign shall not exceed fifty (50) square feet. c. The total height of each sign shall not exceed fifteen (15) feet. d. Directional subdivision signs may be displayed during the two years following the date of recordation of the final map or until one hundred percent (100 %) of the lots have been sold or whichever occurs first. 4. On -site subdivision signs shall be permitted provided there shall be no more than 300 square feet of total sign area for each subdivision and a total of six (6) signs. Such on -site signs shall be permitted to remain only as long as a sales office is maintained in the sub- division and provided that such signs are maintained in good condition as determined by the Building Official. 5. Subdivision entrance signs. At the major street entrance to a subdivision or development, not more than two unlighted signs, each not exceeding twenty (20) square feet in area, attached to and not extending above a wall or fence indicating the name of the subdivision or development. Such 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. -76- 4403 6. For the purpose of administering this section, apartment or group housing complexes of thirty (30) units or more shall be considered within the definition of a "subdivision." Apartment complexes may display directional signs for a period of one (1) year following the final construction inspection. 7. Office buildings and shopping centers and industrial subdivisions may display leasing and rental signs for a period of one year following final construction inspection. These signs shall be limited to one freestanding sign and two building- mounted signs not to exceed a total of 150 square feet in area. Freestanding signs shall not exceed six feet in height. C. Sale Signs For retail commercial uses in any zone where such uses are listed as a permitted or conditional use, sale signs may be permitted while a sale of goods or services is being conducted. Signs painted on or attached to the inside of windows shall not exceed ten percent (10 %) of the window area. Signs attached to the building shall be rigid frames, and limited to 14 days display per calendar quarter, subject to the approval of the Planning Director. D. Other Special Signs Flags, emblems, insignias and posters of any nation, state, international organization, political subdivision or other governmental agency; unlighted non - verbal religious symbols attached to a place of religious worship; and, temporary displays of a patriotic, religious, charitable, or civic character shall be exempt from the provisions of this section; however, if the height exceeds thrity -five (35) feet, such signs shall be reviewed by City staff under Design Review. Billboards Billboards may be permitted within the City of Cypress subject to the following conditions and restrictions: 1. Billboards shall be permitted only in the CH -10000 Zone subject to the granting of a Conditional Use Permit. 2. No new billboard shall be permitted within 300 feet of a residential zone. 3. No new billboard shall be permitted within 1500 feet of an existing billboard. 4. Billboards shall be constructed on no more than two steel supports. 5. All billboards shall confrom to the following development standards: a. Maximum height - 30 feet b. Maximum area - 300 square feet c. Minimum ground clearance - 8 feet d. No movement, blinking, flashing or animation of any kind. e. No projection into or over any public right -of -way. -77- 104 f. Minimum setback requirements for the CH -10000 Zone shall be maintained. g. Lighting shall be by indirect source (shielded) provided such lighting shall not exceed 800 milliamps rated capacity or equivalent as determined by the Building Superintendent. 6. If any billboard is left blank or is maintained without copy for a a period of 60 days or more, such billboard shall be removed within six months unless a Conditional Use Permit is approved for its reuse. 7. Any billboard which does not conform to the provisions of this subsection shall be modified or removed in accordance with the following provisions: a. Billboards with an appraised value of less than $200 shall be brought into conformance or removed within one (1) year of the effective date of Ordinance No. 584. b. Billboards with an appraised value of more than $200 shall be brought into conformance or removed within three (3) years of the effective date of Ordinance No. 584. Appriased value of billboards, as outlined in 6a and 6b above, shall be as determined by the City Building Superintendent. Any such appraisal shall be subject to review by the City Council if such review is requested by the owner of such billboard or by the owner of the property on which such billboard is situated. SECTION 15.4 SIGNS IN RESIDENTIAL ZONES Except as prescribed in Section 15.3 (Special Purpose Signs), only the following signs shall be permitted in a Residential Zone: A. Residential Uses 1. Single - family dwelling units - one unlighted name plate not exceeding one square foot in area indicating the name of the occupant. On a site with more than one dwelling unit, name plates shall not be combined. 2. Multi- family dwellings, apartment developments, boarding or rooming houses, dormitories - one unlighted identification sign not exceeding fifteen (15) square feet in area. Freestanding signs shall not exceed six (6) feet in height. B. Agricultural Uses One unlighted sign not exceeding six (6) square feet in area or six feet (6') in height pertaining to the products raised on the premises. C. Public and Semi - Public Uses One lighted or unlighted sign not to exceed fifteen (15) square feet in area. Freestanding signs shall not exceed six feet (6') in height. -78- SECTION 15.5. SIGNS IN COMMERCIAL ZONES Except as prescribed in Section 15.3 (Special Purpose Signs), only the following signs shall be permitted in a Commercial Zone: A. Office Uses in the OP -10000 Zone 1. For each use, one name plate not exceeding two (2) square feet in area indicating the name and profession or business of the occupant. Where two or more professional offices occupy the same building, name plates may be combined in the form of a directory, provided such combined sign shall not exceed seventy -five (75) square feet in area; when such sign is freestanding, such sign shall not exceed twelve (12) feet in height. 2. For buildings containing four or more offices, one single- faced, lighted, wall or canopy sign not exceeding thirty (30) square feet in area indicating the name of the building. B. Commercial Uses in the CN -10000 Zone, Except Service Stations 1. One freestanding, lighted sign indicating the name of the shopping center not exceeding seventy -five (75) square feet in area. Free- standing signs shall not exceed twenty feet (20') in height. 2. For each use, one single- faced, lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of property frontage or portion thereof, shall be permitted on each side of the building fronting on a street, parking lot or mall to a maximum of seventy -five (75) square feet per sign; provided, however, there shall be no more than two such signs per use. C. Commercial Uses in the CG -10000 Zone, Except Service Stations 1. For each use, one lighted freestanding identification sign seventy - five (75) square feet in area for each street frontage; provided however, that for each lineal foot of property frontage in excess of seventy -five (75) feet, an additional one square foot of sign area shall be permitted to a maximum of one- hundred and twenty -five (125) square feet; and further provided, that there be no more than one sign per lot or parcel of land. Where more than one business is being conducted on a single lot or parcel of land, the permitted sign area for each business may be combined into one freestanding sign up to a maximum combined area of one - hundred and twenty -five (125) square feet. Freestanding signs shall not exceed twenty -five (25) feet in overall height. 2. For each use, one single- faced, lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of property frontage or portion thereof, may be placed on each side of the building fronting on a street, parking lot or mall to a maxi- mum of one hundred (100) square feet per sign; provided, however, there shall be no more than two such signs per use. -79- 106 D. Commercial Uses in the CH -10000 Zone, Except Service Stations 1. Commercial uses in the CH -10000 Zone except service station signs shall be permitted in the CH -10000 Zone to the same extent as in the CG -10000 Zone; provided, however, additional signing may be approved under design review. E. Service Stations in the Commercial Zones 1. One lighted, free - standing sign not exceeding fifty (50) square feet in area. Such sign shall not exceed thirty feet (30') in height. 2. Not more than two wall or canopy signs, each sign not exceeding thirty (30) square feet in area. 3. Not more than one price sign not exceeding twelve (12) square feet in area. 4. Informational or other permanent promotional signs such as those indicating the availability of State - approved services or trading stamps shall be permitted up to a combined maximum area of six (6) square feet. F. Public and Semi - Public Uses: Commercial Zones One lighted sign not exceeding thirty (30) square feet in area. Free- standing signs shall not exceed six feet (6') in height. SECTION 15.6. SIGNS IN INDUSTRIAL ZONES Except as prescribed in Section 15.3 (Special Purpose Signs), only the following signs shall be permitted in an Industrial Zone: A. Industrial Uses in the MP -20000 Zone 1. For each use, one single -faced lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of building or portion thereof, may be placed on the side of the building facing the major street frontage up to a maximum of one hundred (100) square feet. 2. For each use, one monument -type sign shall be permitted subject to approval under design review. B. Industrial Uses in the ML Zone 1. For each use, one single- faced, lighted wall or canopy sign, not exceeding one (1) square foot of area for each lineal foot of building or portion thereof, may be placed on the side of the building facing the major street frontage up to a maximum of one hundred (100) square feet. -80- 107 B. Industrial Uses in the ML Zone For each use, one lighted, freestanding sign not exceeding seventy -five (75) square feet in area provided, however, that there be not more than one (1) such sign per lot or parcel of land. Where more than one (1) use is being conducted on a single lot or parcel of land, the permitted sign area for each use may be combined into one (1) freestanding sign up to a maximum of one hundred (100) square feet. Freestanding signs shall not exceed twenty -five (25) feet in height. C. Public and Semi - Public Uses: Industrial Zones One lighted sign not exceeding thirty (30) square feet in area. Free- standing signs shall not exceed six feet (6') in height. SECTION 15.7 SIGNS IN SPECIAL PURPOSE ZONES Except as prescribed in Section 15.3 (Special Purpose Signs), only the following signs shall be permitted in the following Special Purpose Zones: SECTION 15.7.1. SIGNS IN THE MHP -20A ZONE At the major street entrance to the mobile home park, not more than two (2) lighted signs, each not exceeding twenty (20) square feet in area, attached to and not extending above a wall or fence, indicating the name of the mobile home park. SECTION 15.7.2. SIGNS IN THE PRD -5A ZONE At the major street entrance to the planned residential development, not more than two unlighted signs, each not exceeding twenty (20) square feet in area, attached to and not extending above a wall or fence, identifying the planned residential development. SECTION 15.7.3. SIGNS IN THE PC -25A ZONE Signs in the PC -25A Zone shall be as specified in the text which constitutes the standards of development as approved by the City Staff and City Council. SECTION 15.7.4. SIGNS IN THE PS -1A ZONE Except as prescribed in Section 15.3 (Special Purpose Signs), only the following signs shall be permitted in the PS -1A Zone: A. Agricultural Uses. One unlighted sign not exceeding six (6) square feet in area or six feet (6') in height pertaining to the products raised on the premises. B. All other Uses. Signs shall be as specified in the Conditional Use Permit required for all uses except agricultural uses. -81- SECTION 15.7 -5. SIGNS IN THE (CC) COMBINING ZONE A. Signs in the (CC) Combining Zone shall be as specified in the Conditional Use Permit required for all uses except single - family dwellings. B. For single - family dwellings, one unlighted name plate not exceeding one (1) square foot in area indicating the name of the occupant. SECTION 15.7 -6. SIGNS IN THE PCM ZONE Signs in the PCM Zone shall be as specified in Section 12.8 -5 of this Ordinance and as may be further specified in the text which constitutes the standards of development as approved by the City Staff and City Council. SECTION 15.8. ADMINISTRATION SECTION 15.8 -1. FREESTANDING SIGNS -- DESIGN REVIEW A. All freestanding signs except Special Purpose Signs as designated in Section 15.3 and permitted signs in Residential Zones (Section 15.4) shall be subject to the review and approval of the City Staff under Design Review. B. There shall be no filing fee for the review of freestanding signs by the City Staff, C. In its review of freestanding signs, the City Staff shall consider the size, shape, scale and location of the proposed sign as it relates to surrounding land uses in order to insure compatibility between signs and other structures and to reduce possible detrimental effects. D, Design review of freestanding signs shall not be required where such signs have been approved in conjunction with Council approval of a Conditional Use Permit or Variance, E. Following its review of a freestanding sign as prescribed in Paragraph "C" above, the City Staff may approve, conditionally approve, or not approve the proposed sign. SECTION 15.8 -2. APPEAL OF DESIGN REVIEW ACTION - REVIEW OF FREESTANDING SIGNS If, after reviewing a proposed freestanding sign, the City Staff should not approve the sign as submitted, or, if the applicatn does not agree with the conditions of approval required by City Staff, the applicant may appeal the decision to the City Council as prescribed in Section 17. -82- SECTION 15.8 -3. CASH DEPOSIT ON CERTAIN SIGNS 109 A. Directional Subdivision Signs, Applications for permits for directional subdivision signs shall be accompanied by a cash deposit of $250.00 for each sign which shall be posted with the Finance Department. Such $250.00 cash deposit shall be used to defray the costs of sign removal by the City in the event the permit holder defaults upon the agreement to remove same. Before any permit for any such sign is issued, the appli- cant and the record owner(s) of the property shall furnish the Building Department written authority granting the City permission to enter upon the premises to remove such sign. SECTION 15.8 -4. ELIMINATION OF NON - CONFORMING SIGNS The elimination of non - conforming signs shall be as prescribed in Section 16.8 (Non- Conforming Signs), SECTION 15.8 -5. CHANGE IN COPY OF NON - CONFORMING SIGNS Prior to the required date of elimination of a non - conforming sign, a permit may be issued for a change in copy of such sign provided such change would not create or increase a discrepancy between the regulations of this section (Section 15) and the existing non-conforming sign. SECTION 16. NON - CONFORMING USES STRUCTURES, SCREENING, PERFORMANCE STANDARDS, AND SIGNS SECTION 16.0. PURPOSES This Section is intended to limit the number and extent of non - conforming uses by prohibiting or limiting their enlargement, their re- establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of existing non - conforming structures and signs, this Section is intended to limit the number and extent of non - conforming structures and certain non - conforming signs 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 Ordinance and by prohibiting their restoration after destruction. Eventually, certain classes of non - conforming uses, non - conforming structures of nominal value, and certain non - conforming signs are to be eliminated or altered to conform and certain uses having non - conforming screening or performance standards are to be altered to conform. SECTION 16.1. LACK OF OFF- STREET PARKING No existing use of land or structure shall be deemed non - conforming solely because of the lack of off - street parking required by this Ordinance. SECTION 16.2. 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 regulations for the zone in which the use is located shall be deemed to be a non - conforming use and may be continued, except as otherwise provided in this Section. B. A structure, lawfully occupying a site, that does not conform with the standards for front yard, side yards, rear yard, height, coverage, or distances between structures, for the zone in which the structure is located, shall be deemed to be a non - conforming structure and may be used and maintained, except as otherwise provided in this Section. C. A sign, outdoor advertising structure, or display of any character, lawfully occupying a site, that does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for signs, outdoor advertising structures, and displays for the zone in which it is located shall be deemed to be a non - conforming sign and may be displayed and maintained, except as otherwise provided in this Section. D. Routine maintenance and repairs may be performed on a structure or site, the use of which is non - conforming, on a non - conforming structure, and on a non - conforming sign. SECTION 16.3. ALTERATIONS AND ADDITIONS TO NON - CONFORMING USES, STRUCTURES AND SIGNS A. No structure, the use of which is non - conforming, and no non - conforming sign shall be moved, altered, or enlarged unless required by law, or unless the moving alteration, or enlargement will result in the elimination of the non - conformity, except as permitted in this Section. -84- 111 B. No non - conforming use shall 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 non - conforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. C. No non - conforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, or distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. No non - conforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yard, side yards, rear yard, height of structures, and distances between structures, or usable open space pre- scribed in the regulations for the zone in which the structure is located. D. No use which fails to meet the performance standards of the zone in which it is located shall be enlarged or extended or shall have equipment replaced that results in failure to meet performance standards unless the enlargement, extension, or replacement will result in elimination of non- conformity with performance standards. SECTION 16.4. DISCONTINUATION OF NON - CONFORMING USE Whenever a non - conforming use has been discontinued, or changed to a conforming use for a continuous period of 180 days or more, the non- conforming use shall not be re- established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located, provided that this section shall not apply to non - conforming dwelling units. Discontinuance shall include cessation of a use regardless of intent to resume the use. SECTION 16.5. RESTORATION OF A DAMAGED STRUCTURE A. Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, or distances between structures prescribed in the regulations for the zone in which the structure is located, or the use of which does not conform with the regulations for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent (50 %) or less, the structure may be restored and the non - conforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty percent (50 %) 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 regulations for the zone in which it is located and the non - conforming use shall not be resumed. B. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall -85- 112 be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. SECTION 16.6. EXCEPTIONS TO PROVISIONS FOR ELIMINATION OF NON - CONFORMING USES AND STRUCTURES The following uses, when non - conforming, need not be removed and under certain conditions may be expanded provided that they shall be subject to the pro- visions of Section 16.4 (Abandonment of Non - Conforming Use) and Section 16.5 (Restoration of a Damaged Structure). A. In any zone, a residential use, provided that the number of dwelling units shall not be increased. B. In a Residential zone, a non - residential use that is a permitted use or a conditional use in the OP -10000 or CS -N -2A 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 ten percent (10 %) in any five (5) year period. C In a CG -10000 or CH -10000 zone, a use that is a permitted use or a conditional use in any 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 ten percent (10 %) in any five -year period. D. In an Industrial zone, a use that is a permitted use or a conditional use in any Industrial zone may be continued, provided that non - conformity with screening and performance standards requirements shall be eliminated as prescribed in Section 16.8C. A use permit may be granted for expansion of the floor area or the site area. SECTION 16.7. CHANGE TO ANOTHER NON - CONFORMING USE A use permit may be granted for conversion of a non - conforming use to another non- conforming use, provided that the Planning Agency finds that the proposed non - conforming use will not have a greater adverse impact on the surrounding area than the existing or former non- conforming use, and provided further that the proposed non - conforming use shall be a use that would be permitted to continue in the zone in which it would be located as prescribed in Section 16.6 (Exceptions to Provisions for Elimination of Non - Conforming Uses). SECTION 16.8 ELIMINATION OF NON - CONFORMING USES, STRUCTURES, SCREENING AND PERFORMANCE STANDARDS, AND SIGNS Except as permitted in Section 16.6 (Exceptions to Provisions for Elimination of Non - Conforming Uses), and Section 16.7 (Change to Another Non- Conforming Use), non - conforming uses, structures, and signs shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of non - conformity, within the specified time after they become non - conforming. -86- A. Uses 1. In any zone, removal of a non - conforming use that does not occupy a structure or a use occupying a structure having an as- sessed valuation of less than $500.00 2. In a Residential zone, a use that is not a permitted use or a conditional use in an OP -10000 or CS -N -2A 3. In an OP -10000 or CS -N -2A zone, a use that is not a permitted use or a conditional use in a CG -10000 zone 4. In a CG -10000 zone, a use that is not a permitted use or a conditional use in any Commercial or Industrial zone 113 3 years (Type IV & V Bldgs.: (Ten years (Type II Bldgs.: (15 yrs. ( ( ( (Type I & II Bldgs.: (20 yrs. All reference to the building types shall be as defined in the latest adopted edition of the Uniform Building Code. B. Structures 1. Removal or alteration of a non- conforming structure having an 5 years assessed valuation of less than $500.00. C. Screening and Performance Standards 1. Elimination of non - conformity with screening requirements and perfor- 3 years mance standards. D. Signs 1. In a Residential zone, removal of a non - conforming advertising or 1 year identification sign or structures. 2. In any zone, removal of a non - conforming sign painted on a wall. 3. In any zone, elimination of non - conforming lighting or movement. 4. In any zone other than a Residential zone, removal of a non - conforming advertising sign or structure. 1 year 6 months 3 years SECTION 16.9. TIME WHEN USE, STRUCTURE, SCREENING AND PERFORMANCE STANDARDS, OR SIGN BECOMES NON - CONFORMING Whenever a use, a structure, screening and performance standards or a sign become non - conforming 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 -87- 114 in this article for the elimination of the use, the removal of the structure or sign, or compliance with screening and performance standards shall be computed from the effective date of the change of zone boundaries or regulations. SECTION 16.10 NOTICE OF ELIMINATION DATE FOR NON - CONFORMING USE, STRUCTURE, SCREENING AND PERFORMANCE STANDARD OR SIGN The Planning Director shall determine the existence of non - conforming uses listed in Section 16.8 (Elimination of Non - conforming Uses, Structures, Screening and Performance Standards, and Signs), and shall promptly notify the owner by certified mail of the date by which compliance with the provisions of Section 16.8 will be required. The first notification shall precede the date by which elimination is required by not less than the time periods prescribed in Section 16.8. Thereafter, notification shall be given annually in the same manner as the first notification. SECTION 16.11. EXCEPTIONS: PUBLIC UTILITY FACILITIES AND USES Nothing in this ordinance pertaining to non - conforming buildings and uses shall be construed or applied so as to require the termination, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or re- building of public service and public utility buildings, structures, uses, equipment and facilities, provided that there is no change of use or increase of those areas to be used. 115 SECTION 17. ADMINISTRATION SECTION 17.1 DETERMINATION AS TO USES NOT LISTED SECTION 17.1 -1 PURPOSE AND INITIATION In order to ensure that the zoning regulations will permit all similar uses in each zone, the Planning Agency, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted or conditional use in any zone shall be deemed a permitted use or a conditional use in any one or more zones on the basis of similarity to uses specifically listed. The procedures of this section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. SECTION 17.1 -2 APPLICATION Application for determination of similar uses shall be made in writing to the Planning Director and shall include a detailed description of the proposed use and such other information as may be required by the Planning Director to facilitate the determination. SECTION 17.1 -3 INVESTIGATION AND REPORT The Planning Director shall make such investigations of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his findings to the Planning Agency. SECTION 17.1 -4 DETERMINATION The Planning Agency shall consider the report of the Planning Director and shall render its decision which decision shall be final. SECTION 17.2 CONDITIONAL USES SECTION 17.2 -1 PURPOSES In order to give the use regulations the flexibility necessary to achieve the objectives of this Chapter, in certain zones conditional uses are permitted, subject to the granting of a Conditional Use Permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Agency is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of Conditional Use Permit. -89- SECTION 17.2 -2 APPLICATION: DATA AND MAPS TO BE FURNISHED Application for a Conditional Use Permit shall be filed with the Planning Director on a form prescribed by the Planning Director and shall include the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the plaintiff in any action in eminent domain to acquire the property or the owner or the authorized agent of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right -of -way. C. Address and legal description of the property. D. Statement indicating the precise manner of compliance with each of the applicable provisions of this Chapter, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in Section 17.2 -7. E. A list of all owners of property located within three hundred feet (300) of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. F. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans. SECTION 17.2 -3 FEE The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of handling the application as prescribed in this Section. SECTION 17.2 -4 PUBLIC HEARING The Planning Agency shall hold at least one public hearing on each application for a Conditional Use Permit. The hearing shall be set and notice given as prescribed in Section 17.5 (Public Hearing Time and Notice). At the Public Hearing, the Agency shall review the application and drawings submitted therewith and shall receive pertinent 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 17.2 -7. -90- 117 SECTION 17.2 -5 INVESTIGATION AND REPORT The Planning Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Agency and made available to the applicant prior to the Public Hearing. SECTION 17.2 -6 ACTION OF THE PLANNING AGENCY Within twenty -one (21) days following the closing of the Public Hearing on a Conditional Use Permit application, the Planning Agency shall act on the application. The Agency may grant by Resolution a Conditional Use Permit as the permit was applied for or in modified form, or the application may be denied. A Conditional Use Permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the payment of drainage fees, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Agency may deem necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. A Conditional Use Permit may grant variances to the regulations prescribed by this Chapter for fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear, and sideyards; coverage; height of structures; distances between structures; usable open space, signs; off - street parking facilities, or frontage on a public street for which variance procedures are prescribed by Section 17.3 (Variances). SECTION 17.2 -7 FINDINGS The Planning Agency shall make the following findings before granting a Conditional Use Permit: A. That the proposed location of the Conditional Use is in accord with the objectives of this Ordinance and the purpose of the zone in which the site is located. B. That the proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. That the proposed conditional use will comply with each of the applicable provisions of this Ordinance, except for approved variances. -91- 118 SECTION 17.2 -8 EFFECTIVE DATE OF THE USE PERMIT The decision of the Planning Agency shall be final upon receipt by the Planning Department of a signed agreement to the conditions of approval. SECTION 17.2 -9 LAPSE OF CONDITIONAL USE PERMIT A. A Conditional Use Permit shall lapse and shall become void one year following the date on which the Use Permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Use Permit application, or a certificate of occupancy is issued for the structure which was the subject of the Use Permit application, or the site is occupied if no building permit or certificate of occupancy is required, provided that a Use Permit for a public utility installation may be valid for a longer period if specified by the Planning Agency. B. A Conditional Use Permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the Use Permit is filed with the Planning Agency. C. The Planning Agency may grant or deny an application for renewal of a Conditional Use Permit subject to the modification of existing conditions of approval and /or the additions of new conditions of approval. D. A Conditional Use Permit shall lapse and shall become void six months after the use permitted thereby has ceased to be actively exercised. SECTION 17.2 -10 PRE - •EXISTING CONDITIONAL USES A. A conditional use legally established prior to the effective date of this Ordinance or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any. B. Alteration or expansion of a pre- existing conditionaluse shall be permitted only upon the granting of a use permit as prescribed in this Section, provided that alterations not exceeding $2,500.00 in value as determined by the Building Official shall be permitted without the granting of a Conditional Use Permit. C. A Conditional Use Permit shall be required for the reconstruction of a structure housing a pre- existing conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than fifty percent (50 %). The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire -92- 119 structure as it shall be reviewed and approved by the City Engineer and Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. SECTION 17.2 -11 MODIFICATION OF CONDITIONAL USE Sections 17.2 -2 through 17.2 -9 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the Planning Director if he determines that the changes would not affect the findings prescribed in Section 17.2 -7 (Findings). SECTION 17.2 -12 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 be suspended automatically. The Planning Agency shall hold a Public Hearing within forty (40) days, in accordance with the procedure prescribed in Section 17.2 -4 (Public Hearing), and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulation, general provisions, or condition. SECTION 17.2 -13 NEW APPLICATIONS Following the denial of a Use Permit application or the revocation of a Use Permit, no application for a Use Permit for the same or substantially the same site shall be filed within one year from the date of denial or revocation of the Use Permit. SECTION 17.2 -14 USE PERMIT TO RUN WITH THE LAND A Use Permit granted pursuant to the provisions of this Section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Use Permit application. SECTION 17.2 -15 USE PERMIT AND CHANGE OF ZONE FILED CONCURRENTLY Application for a Conditional Use Permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the Planning Agency shall hold the public hearing on the the two hearings. For the purposes of this section, the date of the Agency decision on the Use Permit application shall be deemed to be the same as the effective date of the Ordinance adopted by the City Council changing the zone boundaries. -93- M 120 SECTION 17.3 VARIANCES SECTION 17.3 -1 PURPOSES AND AUTHORIZATION A. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. B. The power to grant Variances does not extend to use regulations. Flexibility to the zoning regulations is provided in the Conditional Use provisions of this Ordinance. C. The Planning Agency may grant variances to the regulations prescribed by this chapter, in accord with the procedure prescribed in this section, with respect to fences, walls, hedges, screening, and landscaping; site area, width, and depth; front, rear, and side yards; coverage, height of structures; distances between structures; usable open space; signs, off - street parking facilities, or frontage on a public street. SECTION 17.3 -2 APPLICATION: DATA AND MAPS TO BE FURNISHED Application for a Variance shall be filed with the Planning Director on a form prescribed by the Planning Director and shall include the following data and maps. A. Name and address of the applicant. B. Statement that the applicant is the plaintiff in any action in eminent domain to acquire the property or the owner or the authorized agent of the owner of the property on which the variance is being requested. C. Address and legal description of the property. D. Statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulations, together with any other data pertinent to the findings prerequisite to the granting of a Variance, prescribed in Section 17.3 -7 (Findings). E. An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than six inches, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off - street parking facilities, and landscaped area. -94- 121 F. A list of all owners of property located within three - hundred feet (300') of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. G. The Planning Director may require additional information or plans, if they are necessary to enable a determination as to whether the circum- stances prescribed for the granting of a Variance exist. The Planning Director may authorize omission of any or all of the plans and drawings required by this Section if they are not necessary. SECTION 17.3 -3 FEES The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of handling the application as prescribed in this Section. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics. SECTION 17.3 -4 PUBLIC HEARING The Planning Agency shall hold a public hearing on an application for a variance. The hearing shall be set and notice given as prescribed in Section 17.5 (Public Hearing Time and Notice). At the public hearing, the Agency shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.3 -7 (Findings). SECTION 17.3 -5 INVESTIGATION AND REPORT The Planning Director shall make an investigation of each application that is the subject of a Public Hearing and shall prepare a report thereon which shall be submitted to the Planning Agency and made available to the applicant prior to the public hearing. SECTION 17.3 -6 ACTION OF THE PLANNING AGENCY Within twenty -one (21) days following the close of the public hearing on a variance application, the Planning Agency shall act on the application. The Agency may grant by Resolution a Variance as the Variance was applied for or in modified form, or the application may be denied. A Variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Agency may prescribe. SECTION 17.3 -7 FINDINGS The Planning Agency may grant a Variance to a regulation prescribed by this Ordinance with respect to fences, walls, hedges, screening, or land- scaping; site area, width, or depth; front, rear, or side yards, coverage, 'eight of structures; distances getween structures, usable open space, or frontage on a public street, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Agency makes findings of fact that establish that the circumstances prescribed in paragraphs A, B, or C and in paragraphs D and E below do apply. -95- 122 A. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. D. That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. E. That the granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 17.3 -8 SIGNS: ADDITIONAL FINDINGS The Planning Agency may grant a Variance to a regulation prescribed by this Ordinance with respect to signs as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Agency makes findings of fact that establish that the circumstances prescribed in Section 17.3 -7 (Findings) apply and the following circumstances also apply: A. That the granting of the variance will not detract from the attractiveness or orderliness of the City's appearance or the surrounding neighborhood. B. That the granting of the variance will not create a hazard to public safety. SECTION 17.3 -9 PARKING: ADDITIONAL FINDINGS The Planning Agency may grant a variance to a regulation prescribed by this Ordinance with respect to off - street parking facilities as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Agency makes findings of fact that establish that the circumstances prescribed in Section 17.3 -7 apply and the following circumstances also apply: A. That neither present nor anticipated future traffic volumes generated by the use of the site or uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation. -96- 1.23 B. 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. C. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this ordinance. SECTION 17.3 -10 EFFECTIVE DATE OF VARIANCE A decision of the Planning Agency on a variance shall be final upon receipt by the Planning Department of a signed agreement to the conditions of approval. SECTION 17.3 -11 LAPSE OF VARIANCE A. A Variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required. B. A variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the variance or the renewal became effective, an application for renewal of the variance is filed with the Planning Director. C. The Planning Agency may grant or deny an application for renewal of a variance subject to the modification of existing conditions and /or the addition of new conditions of approval. SECTION 17.3 -12 REVOCATION A variance granted by the Planning Agency subject to conditions shall be revoked by the Agency if the applicant has not complied with the conditions. SECTION 17.3 -13 NEW APPLICATION Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance. SECTION 17.3 -14 VARIANCE RELATED TO PLANS SUBMITTED Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application. -97-- SECTION 17.4 AMENDMENTS SECTION 17.4 -1 PURPOSE The zoning map and zoning regulations may be amended by changing the boundaries of any zone or by changing any zone regulation or any other provision of this Ordinance in accord with the procedure prescribed in this Section. Subject to the provisions contained in Section 19, "General Plan," the zoning maps and zoning regulations'may be amended by changing the boundaries of any zone or by changing any zone regulation in accordance with the procedure prescribed in this Section. Any other amendment to this Ordinance may be adopted in the manner in which other ordinances are adopted. SECTION 17.4 -2 INITIATION A. A change in the boundaries of any zone may be initiated by the the authorized agent of the owner of the property by filing an for a change in zone boundaries as prescribed in this Section. the property for which a change of zone is proposed is in more ownership, all the owners or their authorized agents shall join filing the application. owner or application If than one in B. A change in the boundaries of any zone or change in the regulations may be initiated by the Council. SECTION 17.4 -3 APPLICATION: DATA AND MAPS TO BE FURNISHED A property owner desiring to propose a change in the boundaries of the zone in which his property is located, or his authorized agent, may file with the Planning Director an application for a change in zone boundaries on a form prescribed by the Planning Director and shall include the following data: A. Name and address of the applicant. B. Statement domain to the owner proposed. that the applicant is the plaintiff in any action in eminent acquire the property or the owner or the authorized agent of of the property for which the change in zone boundaries is C. Address and legal description of the property. D. An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Planning Director to be necessary to illustrate the relationship to and impact on the surrounding area. E. The Planning Director may require additional information or maps if they are necessary to enable the Planning Agency to determine whether the change is consistent with the objectives of this Ordinance. The Planning Director may authorize omission of the map required by this Section if it is not necessary. -98- `5 F. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. SECTION 17.4 -4 FEE The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of processing the application as prescribed in this Section. SECTION 17.4 -5 PUBLIC HEARING The Planning Agency shall hold at least one public hearing on each application for a change in zone boundaries or for a change of the zoning regulations. The hearing shall be set and notice given as prescribed in Section 17.5 (Public Hearing Time and Notice). SECTION 17.4 -6 INVESTIGATION AND REPORT The Planning Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the Planning Agency and to the applicant prior to the Public Hearing. SECTION 17.4 -7 PUBLIC HEARING PROCEDURE At the Public Hearing, the Planning Agency shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this Ordinance, the General Plan and the development policies of the City. SECTION 17.4 -8 ACTION BY THE PLANNING AGENCY Within 21 days following the closing of the Public Hearing, the Planning Agency shall make a specific finding as to whether the change is consistent with the objectives of this Ordinance and shall approve, approve in modified form, or deny the application or proposal. If the Agency finds that the change is consistent, it shall introduce an Ordinance amending the Zoning Map or Zoning Ordinance, whichever is appropriate. SECTION 17.4 -9 ALTERNATE CLASSIFICATION IN LIEU OF PROPOSED CLASSIFICATION When the Agency determines, following a Public Hearing on a change in the boundaries of any zone, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Agency may approve alternate classifications to a proposed classification in accord with the following schedule: PROPOSED ZONE DESCRIBED ALTERNATE ZONES THAT IN PUBLIC HEARING NOTICE MAY BE CONSIDERED RS -15000 None RS -6000 RS -15000 RM -20 /A Any other Residential Zone OP -10000 None -99- r 1261 PROPOSED ZONE DESCRIBED IN PUBLIC HEARING NOTICE CN -10000 CG -10000 CH -10000 MP -20000 ML -10000 MHP, PRD, PC, PS, (CC) ALTERNATE ZONES THAT MAY BE CONSIDERED None OP -10000 OP- 10000, CG -10000 None MP -20000 None In order to more properly accommodate these alternate zone classifications, the Notice of Public Hearing shall indicate the alternate classifications, if any, which the Planning Agency could consider. SECTION 17.4 -10 NEW APPLICATION Following the denial of an application for a change in zone boundaries or a change in the zoning regulations, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. SECTION 17.4 -11 CHANGE OF ZONING MAP A change in zone boundaries shall be indicated by listing on the zoning map the number of the Ordinance amending the map. SECTION 17.5 PUBLIC HEARING TIME AND NOTICE The Planning Director shall set the time and place of Public Hearings required by this Ordinance to be held by the Planning Agency, provided that the Agency may change the time or place of a hearing. However, the Planning Agency shall hold a Public Hearing within 40 days after the application for an Amendment, Use Permit, or Variance has been filed. Notice of a Public Hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation published in the City of Cypress. When the hearing concerns a matter other than an amendment to the text of this Ordinance, notices of public hearings before the Planning Agency shall be mailed to all persons whose names appear on the latest adopted tax roll of Orange County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. SECTION 17.7 ADJUSTMENTS SECTION 17.7 -1 PURPOSE AND AUTHORITY The purpose of this Section is to grant authority to the Planning Director to take action on requests for minor modifications or adjustments to certain requirements of this Ordinance when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations. -100- For the purpose of administering this Section, an adjustment is any variance to the terms or requirements of this Ordinance which, if granted, would allow the following: A. A decrease of not more than 10% of the required building site area, width or depth. B. A decrease of not more than 20% of the required width of a side yard or the yard between buildings. C. A decrease of not more than 20% of the required front or rear yard. D. An increase of not more Than 20% in the permitted height of a fence or wall, subject to the review and conditions of the Public Works Director. E. An increase of not more than ten percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required front, rear, side or yard between buildings. F. An increase of not more than ten percent of the permitted height or area of signs. G. A decrease in the number of required parking spaces of not more than ten percent. H. An increase of not more than ten percent in the maximum allowable lot coverage. I. An increase of not more than ten percent in the permitted height of buildings. J. A decrease in the required rear yard setback to a minimum of ten feet on subdivided lots in the RS Zone with pre- existing substandard lot depth or lot area, or both; providing that a minimum of 1200 square feet of open, useable rear yard area is maintained. Said open area shall not include the prolongation of the side yard setback on the building addition side. SECTION 17.7 -2 APPLICATION: DATA AND MAPS TO BE FURNISHED Application for an Adjustment shall be filed with the Planning Director on a form prescribed by the Planning Director and shall include the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the plaintiff in any action in eminent domain to acquire the property or the owner or the authorized agent of the owner of the property on which the Adjustment is being requested. -101- 128 C. Address and legal description of the property. D. Statement of the precise nature of the Adjustment. E. An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed property lines, locations of structures, parking areas, driveways, other improvements or facilities and landscaped areas. F. Other plans, drawings, or information which the Planning Director deems necessary to enable proper consideration of the application. SECTOIN 17.7 -3 FEES The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of handling the application as prescribed in this Section. A single application may include requests for Adjustments from more than one regulation applicable to the same site, or for similar Adjustments on two or more adjacent sites having the same characteristics. SECTION 17.7 -4 PUBLIC MEETING: ACTION BY PLANNING DIRECTOR The Planning Director shall hold a public meeting on an application for an Adjustment. At the public meeting, the Director shall review the application, statements and drawings submitted, and the results of his own investigation of the property involved and surrounding area and conditions. At the public meeting, the Director shall act on the application and may approve the application as submitted or in modified form, or the application may be denied. An Adjustment may be granted subject to such conditions as the Planning Director may prescribe. SECTION 17.7 -5 FINDINGS In granting an Adjustment, the Planning Director shall make findings of fact that establish that the circumstances necessary for granting a Variance by the Planning Agency as prescribed in Section 17.3 -7 (Findings) do apply. SECTION 17.7 -6 DECISION OF AN ADJUSTMENT BY PLANNING DIRECTOR If the Planning Director denies an application for an Adjustment, or if the applicant disagrees with the conditions imposed on the granting of an Adjustment, if any, the applicant may file for a Variance in accordance with Section 17.3 (Variances). SECTION 17.7 -7 ANIMAL HUSBANDRY ACTIVITIES OR PROJECTS For any agricultural or animal husbandry activity or project conducted primarily for educational purposes or school credits, a permit may be granted in any zone when determined by the Planning Director that such use does not cause a public nuisance relative to sanitation and health conditions. -102- 129 SECTION 18. DESIGN REVIEW In order to safeguard and enhance the appearance and quality of development of the City of Cypress, Design Review by the Design Review Committee shall be required prior to the issuance of any building permit for single - family subdivision developments, multiple - family developments, mobilehome parks, commercial or industrial establishments, and public or semi - public uses. SECTION 18.1. PURPOSES Design Review by the Committee, when applicable, is included in this Ordinance to achieve the following purposes: A. To ensure that the 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. B. To ensure that the proposed development will be properly related to its site and to surrounding sites and structures, and, to prevent the erection of structures that would be inharmonious with their surroundings. C 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. D. 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. E. 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. F. To ensure that the proposed development complies with all of the pro- visions of this Ordinance. In performing the duties of Design Review, the Committee shall be guided by the adopted Statement of Design Review and shall 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. Review 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. -103- The Committee shall be guided by the principle 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. SECTION 18.2 PLANS AND DRAWINGS TO BE SUBMITTED In addition to meeting all of the other requirements of this Ordinance, any applicant for a building permit for the establishment of single- family subdivision developments, multiple- family developments, the establishment or alteration of commercial, industrial, public or quasi - public uses, shall submit the following plans and drawings to the Planning Department: A. 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. B. 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. C. 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. D. Accurate scale drawings of all signs indicating their size, material, color, and illumination, if any. E. Grading and drainage plans. F. Such other data as may be required to permit the Committee to ensure that the purposes of this Section are satisfied. SECTION 18.3 ACTION BY THE DESIGN REVIEW COMMITTEE Within 20 days of the date the drawings are submitted, 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 20 days shall be deemed approval of the draw- ings unless the applicant shall consent to an extension of time. SECTION 18.4 EFFECTIVE DATE OF DESIGN REVIEW DECISION The decision of the Design Review Committee on a project shall be reported to the City Council at the next regular council meeting following the date of the action by the Committee. The effective date of the Committee's decision shall be the date of acceptance by the City Council and upon receipt by the Planning Department of a signed agreement to any conditions of approval by the applicant. -104- 144. SECTION 18.5 APPEAL TO CITY COUNCIL A decision of the Design Review Committee on a project may be appealed to the City Council by the applicant. SECTION 18.6 ACTION BY THE CITY COUNCIL ON APPEAL At its next regular meeting following the filing of an appeal from a decision of the Design Review Committee on a project, the City Council shall approve, conditionally approve, or disapprove the plans and drawings or shall request the applicant to revise the plans and drawings. Failure of the City Council to act within the time period prescribed by this Section shall be deemed approval of the plans and drawings unless the applicant shall consent to an extension of time. SECITON 18.7 LAPSE OF DESIGN REVIEW APPROVAL Design Review approval shall lapse and shall be void one year following the date upon which the plans and drawings were approved unless prior to the expiration of one year a building permit is issued and construction is commenced and dilligently pursued toward completion. -105- 132 SECTION 19. GENERAL PLAN SECTION 19.1 APPLICABILITY OF STATE LAW Except as otherwise specifically provided herein, the provisions of the Planning and Zoning Law of the State of California (Title 7, commencing at Section 65000, of the Government Code) relating to the adoption, amendment, effect and all other aspects of general plans shall apply to the City of Cypress. SECTION 19.2 VOTER APPROVAL REQUIRED FOR CERTAIN AMENDMENTS Any provision of the Planning and Zoning Law to the contrary notwith- standing, no amendment of the general plan by which property designated for manufacturing use would be classified to allow residential use shall be effective until approved by a majority of those voters voting thereon 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 applicable to a measure submitted to the voters pursuant to Section 4019 of the Elections Code. As used in this Section 19.2, the following terms shall have the meaning assigned to them herein: A. Property designated for manufacturing use shall mean all or any portion of any property classified for manufacturing and /or indus- trial 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, B. Residential Use shall include any and all forms of dwelling units including single family detached, single family attached, mobile homes, and multiple family. SECTION 19.3 AMENDMENTS TO GENERAL PLAN A. The general plan or any part or element thereof may be amended as frequently in any calendar year as may be determined by the City Council to be in the public interest. B. An amendment to the general plan or any part or element thereof may be initiated by: (i) The City Council; (ii) The Planning Commission; or (iii) The owner of the property in question. provided, however, that any amendment to the general plan or any part or element thereof initiated by the property owner shall be made by application flied with the Planning Director on a form prescribed by the Planning Director. Such application shall be accompanied by a fee as prescribed by resolution of the City Council. -106- 133 C. Any hearing held in connection with an amendment to the Zoning Ordinance for the purpose of bringing zoning into consistency with the general plan may be held at any time after the date on which an amendment to the general plan or to any part or element thereof has been recommended for adoption by the Planning Commission; provided, however, that no such amendment to the Zoning Ordinance shall be adopted by the City Council until the City Council has first adopted the appropriate amendment to the general plan or to any part or element thereof. (Ord. No. 587, § 1, 9- 27 -76). SECTION II: The City Council hereby declares that this ordinance is intended to substantially re -enact the provisions of Ordinance No. 559 as heretofore amended. The City Council further specifically declares that this ordinance is not intended to change the status of any structure or any use of land, or use of a structure which heretofore has been "non- conform- ing" by reason of provisions of any prior Zoning Ordinance of the City of Cypress or of any ordinance amendatory thereof, nor is this ordinance intended to change the date by which such non - conformity is required to be eliminated by the provisions of said ordinances. SECTION III: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, 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 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, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. FIRST READ at a regular meeting of the City Council of said City held on the 9th day of April 1979, and finally adopted and ordered posted at a regular meeting of the Council held on the 23rd day of April 1979. MAYOR OF THE TY OF CYPRESS ATTEST: /1 y 1 CITY CLERK OF THE CITY 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 23rd day of April 1979; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Evans, Hudson, Lacayo, MacLain and Rowan NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None is CITY CLERK OF THE CITY OF CYPRESS