HomeMy WebLinkAboutOrdinance No. 497ORDINANCE NO. 497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING ORDINANCE NO. 90 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; ADOPTING A MAP OF SAID LAND USE ZONES; PRES-
CRIBING 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. 90 of the Code of the City of Cypress hereby is
repealed in its entirety.
SECTION II: The Zoning Ordinance of the City of Cypress is adopted hereby to
read as follows:
ZONING
SECTION 1. PURPOSE AND SCOPE
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A. 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 pro-
vide 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
A. 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
A. 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.
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N 4. ESTABLISHMENT OF ZONES
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 the areas of yards and other open areas abutting and between
:iuildings and structures and to regulate the density of population, the
City hereby is divided into the following zones:
1. Residential Zones
RE - Residential Estate Zone
RU - Residential Urban Zone
RM - Residential Multiple Zone
2. Commercial Zones
CO - Commercial Office Zone
CN - Commercial Neighborhood Zone
CG - Commercial General Zone
CH - Commercial Highway Zone
3. Manufacturing Zones
MP - Planned Research and Development Park Zone
M1 - Light Manufacturing Zone
4. Special Purpose Zones
MHP - Mobilehome Park Zone
PRD - Planned Residential Development Zone
PC - Planned Community Zone
PS - Public and Semi - public Zone
(CC)- Civic Center Combining Zone
B. Adoption of Zones - Maps
Said several zones and boundaries of said zones and each of them hereby are
established 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 notations, references, data, zone boundaries and other in-
formation 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 Depart-
ments.
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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 5. 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 Commission to
ascertain all pertinent facts and by resolution of record set forth the find-
ings and the interpretations, and such resolution shall be forwarded to the
Council, and, if approved by the Council, 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 specifi-
cations upon which the permit was issued.
SECTION 7. ENFORCEMENT
A. Enforcement
The City Council, the City Attorney, the Police.Chief, the Director of Field
Sery -ces, 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 con-
trary to the provisions of this Ordinance shall be and the same hereby is
declared to be unlawful and a public nuisance per se.
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C. Remedies
All remedies concerning this Ordinance shall be cumulative and not ex-
clusive. 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.to'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.
IRPORT shall mean any area which is
aking off and landing of aircraft,
'*;Yeas which are used or are intended
facilities, including open spaces, t
used or is intended to be used for the
including helicopters, and appurtenant
to be used for airport building or
axiways and tie -down areas.
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ALLEY shall mean any dedicated way, intended for vehicular service to the
rear or side of property served by a street.
AMBIENT LEVEL shall mean that general noise level one finds in a certain
area at a given time.
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 hospital use.
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.
Such servicing shall not include tire recapping, sale of major 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
01) of its height is above grade.
BOARDING OR ROOMING HOUSE shall mean a building containing a dwelling unit
where lodging is provided with or without meals for compensation for five (5)
or more persons.
BUILDING 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 classifica-
tion as portrayed on the current Master Plan of Streets and Highways, shall
be considered the building frontage. If all streets are of the same classif-
ication, the side of the building with the smallest lineal dimension con-
taining 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 ex-
clusive of vents, air conditioners, chimneys, or other such incidental
appurtenances.
BUILDING SITE shall mean a legally created parcel or contiguous parcels of land
in single or joint ownership, which provides the area and the open spaces re-
quired 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.
CABANA shall mean any portable, demountable, or permanent cabin, small house,
room, enclosure, or other building or structure erected, constructed or placed
on a mobilehome space and used in conjunction with a mobilehome. Said structure
shall not be used for sleeping purposes.
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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
ender a service as a business for profit.
SSION shall mean the Planning Commission of the City of Cypress.
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 con-
valescent, 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
structures, open or enclosed, excluding uncovered steps, patios, 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.
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.
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 related to an educational institution.
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TBLE -FACED SIGN shall mean a sign with two faces only, with each face
Tented 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
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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 5 in number, such quarters having 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 primarily 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.
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 to-
gether 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.
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PUBLIC shall mean any garage other than a private garage.
shall mean the General Plan of the City of Cypress and shall con -
si= ;• the General Plan Maps and Reports adopted by the City Council.
GRADE ite 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 designed 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.
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
of any article, substance or commodity, or any other treatment 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, COMMERCIAL shall mean any kennel maintained for the purpose of boarding,
breeding, raising or training dogs or cats over the age of four months for a fee
or for sale.
KENNEL, NONCOMMERCIAL shall mean any property where four or more dogs or cats,
over the age of four months, are kept or maintained for the use and enjoyment of
the occupant for noncommercial purposes.
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 plat 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 Commission to be adequate for the
purpose of access, or
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c. A parcel of real property abutting at least one (1) public street
right of way or easement determined by the Commission to be
adequate for the purpose of access and held under separate owner-
ship 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)
degrees, the lot shall be considered an "Interior Lot ".
LOT DEPTH. shall mean the average-horizontal-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.
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 ease-
ment, 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 substantially
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 f rt and
rear lot lines.
MOBILEHOME 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.
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MOBILEHOME PARK shall mean ,` *r tract of land where one or more mobile -
ome " 0$ are rented or' -e3 ,m r , out for rent or lease to accommodate
bil me used for human habitation.
MOB1LEHOME SPACE shall mean a plot of ground within a mobilehome park designed
fbr`the accommodation of one mobilehome.
MOTEL shall mean the same as "hotel."
NET 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 BUILDING shall mean a building or portion thereof which was lawful
when established but which does not conform to the provisions of this Ordinance.
NON - CONFORMING LOT shall mean a lot, the area, frontage, or dimensions of which
do trot conform to the provisions of this Ordinance.
NON - CONFORMING USE shall mean a use lawful when established but which does not
conform to the provisions of this Ordinance.
OUTDOOR ADVERTISING shall include the definitions of "Sign."
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 pro-
vision, operation and maintenance of all areas, improvements, facilities and
services provided for common use of the residents thereof.
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 per-
pendicular 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 *all 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.
Thisdefinition shall not include official notices issued by any court or public
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body or officer or directional warning or information sign or structures required
by or authorized by law.
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.
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 thorough-
fare 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 mobilehome 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
diaphragms, 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.
WAREHOUSING shall mean the use of a building or buildings for the storage of goods
of any type, when such building or buildings contain more than five hundred square
feet (500 sq. ft.) of storage space and where no retail operation is conducted.
WHOLESALING shall mean the selling of any type of goods for 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.
WD, REAR shall mean a space between the rear yard setback line and the rear lot
ins, extending the full width of the lot.
4-i0Spi SIDE shall mean a space extending from the front yard, or from the front
yard lot line where no front yard is required by thii Ordinance, to the rear
,Aard, 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.
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SECTION 9. RESIDENTIAL ZONES
SECTION 9.0. PURPOSES
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In addition to the objectives outlined in Section-1 (Purposes and Scope), the
Residential Zones are included in,the zoning regulations to achieve the follow-
ing 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 welf *re.
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.
RE RESIDENTIAL ESTATE
This zone is_intended as an area for residential estates with minimum lot sizes
of 15,000 square feet and maximum densities of 2.5 dwelling units per acre. Only thos
additional uses are permitted that are complementary to, and can exist in harmony
with, a residential neighborhood.
RU RESIDENTIAL URBAN
This zone is intended as an area-for-urban residential development 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 complementary to, and can exist
in harmony with, a residential neighborhood.
RM MULTIPLE FAMILY RESIDENTIAL 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 areas at maximum densities of 20.0 dwelling units per acre.
Only those additional uses are permitted that are complementary to, and can exist
in harmony with, such residential developments.
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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 RE RU
1. Single - family dwellings P P P
2. Guest dwellings or accessory
living quarters P P P
3. Dwelling groups on a site of
not less than 41 acres C C
4. Dwelling groups on a site
containing less than 41 acres
but not less than 2 acres - - C
5. Multiple dwellings containing
not more than 3 units - - P
6. Multiple dwellings containing - - C
more than 3 units
7. Boarding or Rooming House - - C
8. Dormitory
B. Agricultural Uses
1. All types of agriculture,
horticulture and grazing of sheep
and cattle. The wholesaling of .
products, raised on the premises
shall be permitted. The retail
sale of products raised on the
premises shall be permitted sub -
ject_to the granting of a
Conditional Use Permit.
P
2. Keeping of horses and cleft -hoof
animals provided that no animals shall
be kept on a site of less than
15,000 square-feet; and further
provided, that no more than two
adult animals may be kept on a
lot having 15,000 to 20,000 square
feet, or four adult animals on a lot
having 20,000 to 30,000 square feet,
or six adult animals on a lot having
30,000 square feet to one acre in.area,
provided that-no animal shall be kept
closer than 50 feet to an adjoining
dwelling. P
- 14 -
111
RE RU
RM
3. Riding academies or commercial
stables.
4. Keeping of not more than 12
poultry and 12 rabbits for non-
commercial purposes, at least
50 feet from an adjoining
dwelling. C
5. Keeping of poultry or rabbits
for commercial purposes. C
6. Kennels. C C
C. Public and Semi - Public Uses RE RU RM
1. Day nurseries and nursery
schools. C C C
2. Hospitals. - - C
3. Churches, convents, monasteries,
and other religious institutions. C 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
8. Public utility and public service
sub - stations, reservoirs, pumping
plants, and similar installations,
not including public utility
offices. C C C
9. Recreational facilities such as
country clubs, tennis and swim
clubs, golf courses, with
incidental, limited commercial
uses which are commonly assoc-
iated and directly related to
the primary use. C C C
10. Retirement communities. C C C
D. Home Occupations. RE RU RM
1. Home occupations subject to
the provisions of Section 13.2. P P P
- 15 -
E. Accessory Uses
RU RM
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 RE RU
1. Temporary uses as prescribed
in Section 13.1. P P P
2. Model home and subdivision
sales. C C C
SECTION 9.2. PROPERTY DEVELOPMENT STANDARDS: R 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- storey 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 - storey building used for residential purposes
shall maintain a minimum setback of 100 feet from any single family
zone.
3. In any R Zone, a single- storey building used for public or semi-
public uses shall maintain a minimum setback of fifty feet (50')
from any single family zone.
4. In any R Zone, a two- storey building used for public or semi- public
uses shall maintain a minimum setback of 100 feet from any single
family zone.
5. In any R Zone, front yard setbacks in subdivision developments 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 RE Zone, horses or cleft -hoof animals may not be kept
in the front yard area.
- 16
113
B. The following requirements are minimum unless otherwise noted:
General Requirements: RE RU RM
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. 10 10 10
8. Rear yard, in feet. 25 20 20
9. Lot coverage, maximum. 35% 40% 40%
10. Building height, maximum. 35 feet or 2 stories, whichever is less.
11. Dwelling size, in sq. ft. 1,500 1,300 750 bachelor
800 1 bdr.
900 2 bdr.
1,100 3 bdr.
12. Parking within a garage
(or, within a carport in
RM Zone only) per unit 2 2 2 plus 10%
parking for
guests which
may be open.
13. Distance between buildings not
exceeding fifteen feet (15')
in height, in feet.
14. Distance between buildings
where one or more exceeds
fifteen feet (15') in height,
in feet.
-17 -
10 10 15
10 10 20
114
SECTION 9.3. PERFORMANCE STANDARDS: R ZONES
A. In all R zones, air conditioners, heating, cooling and ventilating equip-
ment and all other mechanical lighting or electrical devices shall be
screened from surrounding properties and streets and so operated that
they do not disturb the peace, quiet and comfort of neighboring residents
or any reasonable person of normal sensitiveness residing in the area.
B. In all R zones, required front and street side yards shall be landscaped
and shall consist predominantly of plant materials except for necessary
walks, drives and fences.
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: R 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: R 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 in height or project closer than 5 feet 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.
- 18 --
115
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.
E. Other Structures. Porches, steps, architectural features, such as eaves,
awnings, and chimneys, and balconies or 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 (l) of said required side yard.
SECTION 9.6. WALLS AND FENCES: R 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 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.
116
SECTION 10. COMMERCIAL ZONES
SECTION 1000 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 con-
venience 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.
CO COMMERCIAL OFFICE ZONE.
This zone is intended as an area primarily for the development of pro-
fessional and administrative offices with setback, landscaping and
architectural requirements designed to make such uses relatively
compatible with residential uses.
CN 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 COMMERCIAL GENERAL ZONE.
This zone is intended as an area for the location of retail and wholesale
commercial activities.
CH Commercial Highway Zone
This zone is intended to provide appropriately located areas for establishments
-20-
117
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.
SECTION 10.1. PERMITTED AND CONDITIONAL USES: -C 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. Offices and Related Uses
CO CN CG CH
1. Administrative and executive offices. P
P
P P
2. Artist and photographic studios, not
including the sale of equipment or
supplies. P P P P
3. Clerical and professional offices. P P P P
4. Financial institutions. P P P P
5. Medical, dental and related health
services for humans, including labor-
atories and clinics; only the sale of
articles clearly incidental to the
services provided shall be permitted. P
P
P P
6. Prescription pharmacies, when located
within a building also containing
the offices of 5 or more medical
practitioners. P P P P
7. Public utility service offices. P P P P
8. Telegraph Offices - - P P
B. General Commercial Uses
1. Antique shops - P P P
2. Apparel stores - P P P
3. Art, music and photographic studios
and supply stores.
4. Appliance and hardware stores. - C P P
5. Automobile sales and services,
including rental agencies, repairing,
painting, washing, and supply stores. - - C C
- 21 -
11�
B. General Commercial Uses (Continued)
6. Bakeries - retail only
7. Barber and beauty shops
8. Bicycle shops, non - motorized
9. Blueprint and photocopy services
10. Boat and camper sales and services
11. Book, gifts, and stationery stores
12. Bowling Alleys and Billiard Halls
13. Candy Stores and confectionaries
14. Car Wash
15. Catering establishments
16. Cocktail lounges and bars
17. Contractors Yards
17A. Convenience Market
18. Dairy products stores
19. Department stores
20. Drive -in restaurants
21. Drive -in theaters
22. Drug stores and pharmacies
23. Farm implement and machine sales,
rental, or repair
24. Florists shops
25. Food stores and supermarkets
26. Furniture stores, repair and
upholstery
27. General retail stores
28. Hobby shops
CO CN CG CH
- P P P
P P P
- P P P
- - P P
- - C C
- P P P
- C C C
- P P P
- C C
- - P P
- - C C
- - C C
- C C C
- P P P
- P P
- - C C
- - C C
- P P P
- C C
- P P P
- P P P
- P P
- C P P
- P P P
29. Hotels and motels, subject to the
density of one unit for each 1,000
square feet of lot area
- 22 -
119
B. General Commercial Uses (Continued) CO CN CG CH
30. Janitorial services and supplies
31. Jewelry stores - P P P
32. Laundry pick -up and delivery agencies
and self- service laundries
33. Liquor stores - C C P
34. Mortuaries C - C P
35. Motorcycle sales and services - - C C
36. Newspaper and magazine stores,
printing, and publishing - - C C
37. Nurseries and garden supply stores;
provided, in the CN zone, all
equipment and supplies shall be
kept within an enclosed area - P P P
38. Office and business machine stores
39. Pet Shops - C P P
40. Parking facilities where fees are
charged - - P P
41. Political or philanthropic head-
quarters - - P P
42. Printing shops - - P P
43. Restaurants conducted completely
within a building, including
sale of alcoholic beverages - - C C
44. Service stations - C C C
45. Shoe stores, sales and repair - P P P
46. Sign painting shops within a
completely enclosed building - - P P
47. Skating rinks - - C C
48. Sporting goods stores - C P P
49. Stamp and coin shops - P P F
50. Stone and monument yards - - C C
51. Swimming pool sales and service - - P P
52. Taxidermists - P P P
- 23 -
B. General Commercial Uses (Continued)
53. Television and radio repair
54. Theatres
55. Tire sales and service
56. Tobacco Shops
57. Toy stores
58. Travel agencies
59. Truck and trailer rental,
sales and service
60. Variety stores
61. Veterinarians' offices and
small animal hospitals
62. Vehicular storage yard
CO
CN CG CH
C P P
C C C
- C F
P P F
P P r
P P P
- C C
P P r
63. Feed store - - C C
C. Public and Semi- Public Uses CO CN CG CH
1. Day Nurseries and Nursery Schools C - C C
2. Convalescent homes and hospitals C - C C
3. Clubs and lodges including YMCA, YWCA,
and similar youth group uses C - C C
4. Educational institutions, public
or private C - C C
5. Libraries and museums, public
or private C C C C
6. Parks and recreation facilities,
public or private C C C C
7. Post office branch C C P F
8. Public utility installations C C C C
9. Vocational schools C - C C
10. Retirement Communities C C C C
D. Accessory Uses CO CN CG CH
1. Accessory structures and uses
located on the same site as a
permitted use p p p p
-24-
D. Accessory Uses (Continued)
2. Accessory structures and uses
located on the same site as a
Conditional Use
1
CO CN CG CH
E. Temporary Uses CO CN CG CH
1. Temporary uses as prescribed
in Section 13.1 P P P P
F. Other Uses CO CN CG CH
1. High rise residential development
when located in conjunction with
a commercial use - - - C
SECTION 10.2. PROPERTY DEVELOPMENT STANDARDS: C ZONES
The following property development standards shall apply to all land and buiidir:gs
permitted in their respective commercial zones, except that, any lot shown an 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.
A. Special Requirements
1. In any "C" Zone, a minimum setback of 20 feet shall be required
wherever a lot in the C zone abuts a lot in any residential zone.
Said setback may be used for required open off - street parking areas.
2. Procedure for establishment of CN Zones
(a) Required
Preliminary Development Plans. The application shall be
panied by a preliminary development plan, consisting of maps,
drawings, and such other materials necessary to show:
(1) The approximate size, shape and location of all proposed
buildings and the intended use of all buildings.
(2) The on -site parking arrangement and design, including
loading areas.
(3) The proposed signing policy for each proposed use.
(4) The proposed landscaping plan.
(5) The proposed off -site circulation pattern within 300 feet
including right -of -way dedications, street improvements,
traffic control measures, and acceleration/deceleration
Dines.
- 25 -
The preliminary development plan is required to enable the
Commission and City Council to assess the impact of the proposed
shopping center on surrounding uses, its relationship to the
objectives of the General Plan, its relationship to zoning
patterns in the neighborhood, and, to permit public agencies
and utility services to review the adequacy of proposed
improvements and the impact of the development on existing
and proposed facilities.
Adoption of Development Plans. The development plans shall
be approved and adopted by the City Council and included in
the Ordinance establishing the CN zone.
(b) Recommended
Market Analysis. The application shall be accompanied by a
market analysis for the proposed shopping center, showing the
need for a shopping center in the location requested and the
inadequacy of existing zoned sites to meet this need. The
market analysis shall include the following:
(1) Determination of potential trade area.
(2) Estimates of existing and future population of the trade
area.
(3) Determination of existing and potential effective buying
power in the trade area.
(4) Determination of the net potential customer buying pcwer
for the proposed shopping center.
The market analysis is designed to establish evidence of the
need for the shopping center and a subsequent change of zone
and to substantiate that such change of zone will promote
the general welfare.
The above procedures shall not apply for the establishment of
a CN zone at an existing neighborhood shopping center.
B. The following requirements are minimums unless otherwise noted.
General Requirements
CO CN CG CH
1. Lot area, square feet or
acres 10,000 sq.ft. 2 acres 10,000 sq.ft. 10,000 sq.ft.
2. Lot width, in feet
3. Lot depth, in feet
4. Front yard, in feet
100
100
25
- 26 -
200
200
25
60
100
10
50
100
25
t #'
B. General Requirements (Continued) CO CN
CG
CH
5. Side yard, in feet 5 10
6. Side yard, street side,
in feet 10 25 10 10
7. Rear yard, in feet 5 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: C ZONES
A. In the CO, 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 side yards 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 Commission
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 six feet in height and screen landscaping at least five
feet in width 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.
F. The noise level eminating from any commercial use or operation shall not
exceed five decibels, as per Occupational Safety and Health Act of 1970,
above the ambient level of the area.
G. 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.
SECTION 10.4. SIGNS: C ZONES
No sign or outdoor advertising structure shall be permitted in any C zone
except as provided in Section 15.
-27-
SECTION 10.5. ACCESSORY STRUCTURES; C ZONES
A. In any C Zone, .. accessory: structures shall not 1)6 located in front of the
main building.
B. In any C zone, accessory structures shall meet all of the setback
requirements for main buildings.
C. In any C zone, porches, steps, architectural features such as canopies or
eaves, and chimneys, balconies, or stairways may, project not more than
4 feet into any required yard area.
SECTION 10.6. WALLS AND FENCES: C 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.
SECTION 11. INDUSTRIAL ZONES
SECTION 11.0. PURPOSES
125
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 use 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 congestion 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.
M -P_ Planned Research and Development Park Zone
This zone is intended as an area for modern industrial and research
developments and administrative facilities that can meet high performance
and development standards.
M-1 Light Manufacturing Zone
This zone is intended as an area for light industrial and limited service
commercial uses that can meet high performance standards but that fre-
quently do not meet site development standards appropriate to planned
research and development of industrial parka.
SECIION 11.1. PERMITTED AND CONDITIONAL USES: M. 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. Manufacturing Uses
MP M -1
1, Electronics: Electrical and related P P
parts; electrical appliances, motors,
and devices; radio, television, and
phonograph.
2. Instruments: Electronic and precision; P P
medical and dental; timing and
measuring.
-29-
126
ow
A. Manufacturing Uses (Continued) MP M -1
3. Office and Related Machinery: Audio P P
machinery; computers, electrical and
manual, visual machinery.
4. Pharmaceuticals: Cosmetics, drugs, P P
perfumes, toiletries, and soap (not
including refining or rendering of
fats or oils).
5. Laboratories: Chemical, dental, P P
electrical, optical, mechanical,
and medical.
6. Bottling plants P P
7. Cement products manufacturing - C
8. Citrus products manufacturing, - C
including frozen foods
9. Food and dairy products processing - C
and manufacturing
10. Furniture upholstering P P
11. Manufacture and maintenance of P P
electrical and other signs
12. Machine shop C C
13. Manufacture of novelty items, not P P
including fireworks or other explosive
type items.
14. Manufacturing, compounding, assembly P P
or treatment of articles or merchandise
from the following previously prepared
typical materials:
Canvas, cellophane, cloth, cork, felt,
fibre, fur, glass, leather, paper
(no milling), precious or semi - precious
stones or metals, nonferrous metals,
plaster, plastics, shells, textiles,
tobacco, wood, and yarns.
15. Oil pumping, distributing or storage
facility
16. Packing houses
17. Rubber and metal stamp manufacturing
B. Wholesale Uses and Warelhou:; inz
- 30 -
C. Services
1, Animal shelter or hospital
2. Automobile, truck, tractor
repairing and painting
3. Blueprinting and photocopying
4. Business, professional, and
research offices
127
MP M -1
C
P
P
P
P
P
5. Cleaning and dying plant - C
6. Contractors yards - C
7. Equipment rental yards - C
8e Fuel sales - C
9. Kennels and stables - C
10. Lumber and building material
yards (Not including planing) - P
11. Newspaper publishing P P
12. Printing, lithography P P
13. Restaurants C C
14, Service Stations C C
15. Tire retreading and recapping - C
16. Trucking yard - C
D. Public, Semi - Public, and Industrial Uses MP M -1
1. Post offices and post terminals
2. Public utility pumping stations, electric
generating stations and substations,
equipment buildings, and installations
3. Public utility service yards
C C
C C
- C
E. Agricultural Uses MP M -1
1, Farms or ranches for orchards, tree
crops, field crops, truck or flower
gardening and growing of nursery P P
plants. The sale of products raised
on the premises shall be permitted.
- 31 -
128
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
3. Watchman's or caretaker's living
quarters only when incidental to
and on the same site as a permitted
or conditional use
G. Temporary Uses
1. Temporary uses as prescribed in
Section 13.1
SECTION 11.2. PROPERTY DEVELOPMENT STANDARDS
MP
P
14-1
P
P
P P
MP
P
M -1
P
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
1. When any M 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 6 -foot -high wall shall be constructed.
The following requirements are minimums unless otherwise noted.
General Requirements MP M -1
1. Lot area, net square feet 40,000 10,000
2. Lot width, in feet 200 100
3, Lot depth, in feet 200 100
4, Front yard, in feet 25 10
-32-
129
B. General Requirements (Continued) MP M -1
5. Side yard, in feet 20
6. Side yard, street side, in feet 25 10
7. Rear yard, in feet 20
8. Lot coverage, maximum 60% 60%
9. Building height, maximum,in feet 35 35
10. Off- street parking See Section 14
SECTION 11.3. PERFORMANCE STANDARDS: M ZONES
A. In all M 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. Noise. No use except a temporary construction operation shall be permitted
which creates noise level which exceeds five decibels, as per Occupational
Safety and Health Act of 1970, above the ambient level of the area.
G. Odor. No use shall be permitted which creates annoying odor in such
quantities as to be readily detectable beyond the boundaries of the site.
H. Radioactivity. In all M zones, the use of radioactive materials shall
be limited to measuring, gauging and calibration devices.
I. Vibration. No use except a temporary construction operation shall be
permitted which generates inherent and recurrent ground vibration
perceptible, without instruments, at the boundary of the lot on which
the use is located.
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ti
gitdoor Storage Areas shall be entirely enclosed by solid masonry walls
not less than six feet in height to adequately screen view of outdoor
storage areas from the external boundaries of the property.
K. 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 servzces of a certified testing
firm. Copies of all such tests shall be furnished to the Planning Director.
SECTION 11.4. SIGNS: M ZONES
No sign or outdoor advertising structure shall be permitted in any M zone
except as provided in Section 15.
SECTWI 11.5. ACCESSORY STRUCTURES: M ZONES
s
A. Itv any M zone, accessory structures shall not be located in front of the
main building.
B. In any M zone, accessory structures shall meet all of the setback require-
ments for main buildings.
C. In any M zone, porches, steps, architectural features such as canopies
or eaves, and chimneys, balconies or stairways may project not more than
4 feet into any required yard area.
D. In any M zone, accessory structures used for the selling of agricultural
products shall be reviewed by the Planning Commission.
SECTION 11.6. WALLS AND FENCES: M 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.
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SECTION 12. SPECIAL PURPOSE ZONES
Because of their special or unique characteristics, the following Special
Purpose Zones are established:
A. MHP - Mobilehome Park Zone
B. PRD - Planned Residential Development Zone
C. PC - Planned Community Zone
D. PS - Public and Semi - Public Zone
E. (CC) - Civic Center Combining Zone
SECTION 12.1. MHP - MOBILEHOME PARK ZONE
SECTION 12.1.1. PURPOSES
The MHP, Mobilehome Park Zone, is intended for the exclusive development of
mobilehome parks. All mobilehome 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 mobilehome shall
be occupied or used for living or sleeping purposes unless it is located
in a mobilehome park.
SECTION 12.1 -3. PROPERTY DEVELOPMENT STANDARDS
The following regulations shall apply to the site of a mobilehome 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.
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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 mobile-
home space if children under
the age of 18 are permitted
within the development.
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.
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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.
H. Guest parking, boat or recreational vehicle storage areas shall be provided
as required by the Planning Commission under Design Review.
SECTION 12.1 -6. IMPROVEMENT REQUIREMENTS
On -site improvements shall be constructed and maintained in conformance °with
the conditions of approval of Design Review of the Planning Commission. Such
improvements may :include the de i r. 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 zone
except as provided in Section 15.
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134
SECTION 12.2. PRD - PLANNED RESIDENTIAL DEVELOP NE 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.
SECTION 12.2 -2. USES PERMITTED: PRD ZONE
A. Planned Residential Developments.
B. Parks, playgrounds;, riding and hiking tra..s, 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 use nu structures incidental uo permitted uses.
E. 'Temporary uses as prescribed in Section 3.1.
F. Model homes and Subdivision Sales Office subject to the granting of a Condit "na;.
Use Permit.
SECTION 12.2 -3. PROPERTY DEVELOPMENT STANDARDS: PRD
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 mimimum 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 desig-
nated on the General Plan.
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D. The following specific site development requirements shall apply to a
PRD 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
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 cf 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 shall have an overall
finished grade not to exceed ten percent, shall be suitably improved
for its intended purposes and all lawn and landscaped areas reserved for
common use shall be provided with a permanent watering system adequate
to maintain such areas.
G. The remaining 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. If development is to be accomplished in stages, the development plan
shall coordinate improvement of the open space, the construction of
buildings, structures and improvements in such open space, and the 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.
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136
All or any part of the required open spa,:e may be r served for use in
common by the residents of the planned development. Areas permanently
reserved for common open space shall be reserved the use and enjoyment
of the residents in .r manner which makes the City, or a public district
c,r public agency a party to and entitled to enforce the reservation.
The Planning Commission may require that open space easements over the
required open space be coru eyed 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.
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 Planning
Commission 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.
nned residential developments shall relate harmoniously to the topography
the site, shall make suitable provision for the preservation of water
drainage areas, wooded areas, rough terrain, and similar natural
uses and areas, and, shall be otherwise so designed as to use and retain
h natural Features and amenities to the hest advantage.
��1111_ utilities within a planned development shall he placed underground.
A common central television antenna shall he 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 surlae•e- mounted
transformers, pedestal- mounted terminal boxes and meter cabinets, .a.nd
concealed ducts in an underground system n>:av hc placed :ahovee ground.
Q. 'I"Iic type, number and location of lire hydrants and other fire protective
devices sha1I he .5111) je•c on:; of t l irr htrarsha1.
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SECTION 12.2 -4. SIGNS: PRD
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
Accessory uses and structures shall be located as specified on the development
plans as approved by the Planning Commission; 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.
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.
Topography of the property and the preliminary proposed finished grade
shown at contour intervals of not to exceed 5 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, gross building and floor areas, approximate
location of entrances and loading points thereof.
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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 covenents, conditions and restrictions
(C,C, and R's) shall be made a part of the record. If the City
Council deems it necessary, upon advise of the City Attorney, the
City of Cypress shall be a part 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.
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 zone.
SECTION 12.2 -9. AMENDMENTS TO THE DEVELOPMENT PLANS
All development within the PRD 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.
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.139
SECTION 12.3. PC - 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 developments,
professional and administrative office areas, commercial centers, industrial
parks or any public or semi - public use or combination 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
A. Those uses designated on the Development Plan for the particular PC
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.
SECTION 12<3 -3. GENERAL REQUIREMENTS: PC
The following requirements shall apply to all PC zoned areas:
A. An application for a Zone Change to permit the establishment of a
PC 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 zone must be for
a parcel or parcels of land which is under the control of the person
or corporation proposing the development.
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C. The area contained within a proposed PC 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.
SEC ION 12.3 -4. PRE- APPLICATION PROCEDURE: PC
Pror to submitting an application for a PC 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
The Development Plan of a proposed PC 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 within the PC 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.
3. Approval of a Conditional Use Permit by the Planning Commission
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.
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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 Plana
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 requiremOs for
building site coverage, building heights, building setbacks,
off- street parking, vehicular access, signing, lighting, storage,
screening and lands:.aping, and any other information which the
Planning Director shall require to insure substantial compliance
with the purpose of the PC 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 De- elopment 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 zone.
SECTION 12,3 -7, AMENDMENTS IO THE DEVELOPMENT PLAN
All development within the PC 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.
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d' ECTION 12,3 -8. APPLICATION FOR CONDITIONAL USE PERMIT DEVELOPMENT: PC
A Conditional Use Permit required for the development of any portion or area
of a PC 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.
He 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
J0 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 advise of the City Attorney, the City of Cypress shall be a
party to such C,C, & R's in order to ensure their continuance
and enforceability,
Such other information as may be required by the Planning Director to
permit a complete analysis and appraisal of the planned development.
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143
SECTION 12.4. PS - PUBLIC AND SEMI- PUBLIC ZONE
SECTION 12.4 -1. PURPOSES
•In addition to the objectives prescribed in Section 1 (Purposes and Score),
the PS 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.
The sale of products rased on the premises shall
be permitted.
2. Raising of horses, sheep, goats, or cattle;
provided that no y.l : ha 1 I'e l!fV7 on a site
of less than one acre.
p
P
Keeping of animals except as prescribed in y2 of
this section; dairies and feeding lots. C
B. Agricultural exper i.rie tal
C, Animal shelters
D„ Cemeteries, crematories and columhariums and related
facilities C
Corporation yards
F. Flood control t; c' lities
G. Historical landmarks
H. Hors' race 7.racks
I. Hospical.>
J, Public bu:.:LdIngs and grounds
K. Public or private non - profit schools and colleges
L. Public or private parks, golf courser, goli driving
ranges, zoos, swim clubs, and other recreation
facilities
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144
SECTION 12.4 -2. PERMITTED AND CONDITIONAL USES (CONTINUED)
M. Public utility installations
. Riding academies or stables
. Accessory uses and structures incidental to permitted
or conditional uses
C
C
SECTION 12.4 -3. 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:
One acre
160 feet
160 feet
30 feet
25 feet
25 feet
40 percent
SECTION 12.4 -4. SCREENING AND LANDSCAPING
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).
`Sc CTION 12.4 -6, SIGNS
No sign, outdoor advertising structure, or display of any character shall
be permitted except as prescribed in Section 15 (Signs).
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
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14
SECTION 12.5 -1. PURPOSES (CONTINUED)
in certain major public developments and at the same time protect private
interests in the peripheral area thereof by creating an environment compatible
with the purpose 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.
146
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, rodeos, or similar transient amusement enterprises,
except in an R zone, subject to not more than 15 days of operation in
any 180 -day period, and provided that any such enterprise catering
to or accommodating more than 25 persons at any one time shall be
subject to a Conditional Use Permit as prescribed in Section 17.2
(Conditional Uses).
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 construction
project.
H. Mobilehome residences for security purposes on the site of an active
construction project.
y
I. 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 Commission.
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 any other conditions,
such as walls or fences, signs and lighting, which are deemed necessary to reduce
50 -
1,17
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, except those listed under C, G, and H above, a cash
deposit to be determined by the Building Superintendent shall be deposited
with the Finance Department. This deposit shall be used to defray the costs
of clean -up of the property by the City in the event the permittee fails to do
same.
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
Home occupations permitted by the provisions of the zoning regulations, shall
comply with the following regulations, upon approval by the Planning Director:
A. There shall be no stock -in -trade other than products used in the home
occupation.
B. A home occupation shall be conducted in a dwelling and shall be clearly
incidental to the use of the structure as a dwelling.
C. There shall be no external alteration of the dwelling in which a home
occupation is conducted, and the existence of a home occupation shall
not be apparent beyond the boundaries of the site, except for a nameplate
in accord with the provisions of Section 15 (Signs in R Zones).
D. No one other than a resident of the dwelling shall be employed in the
conduct of a home occupation.
E. No motor or mechanical equipment shall be permitted other than normally
incidental to the use of the structure as a dwelling.
F. A home occupation shall not create any radio or television interference
or create noise audible beyond the boundaries of the site.
- 51 --
148
G. No smoke, odor, liquid, or solid waste shall be emitted.
H. No vehicles or trailers (including pick -up trucks and vans) or
construction or other equipment, except those normally incidental to
residential use, shall be kept on the site.
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 activities
associated with the City's development and growth, the following dedications
and improvements are deemed to be necessary to prevent congestion and other
hazards that are related to the intensified use of the land, 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 Planning Director shall not approve the issuance of a building
permit until the requirements of this Section have 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.
_ 57 _
ti
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 sur-
rounding 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 tie number of spaces prescribed for the use as con-
ducted prior to such addition, enlargement, or change.
D. Parking required by this Section for any building or use shall not be con-
sidered as providing parking for any other building or use, except in a shop-
ping center as approved under the CN zone provisions, or 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.
E. No use shall be required to provide more spaces than prescribed by Section 14
or prescribed by any Conditional Use Permit.
F. All off - street parking spaces and areas required by Section 14 shall be
maintained for the duration of the use requiring such areas. Required park- ,
ing spaces and areas shall not be used for the sale, display or repair of
motor vehicles or other goods and services.
-53-
150
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 requirement
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. Where mixed occupancies are located in the same structure or on the
same lot, the total requirement shall be the sum of the requirement
for each use or occupancy computed separately.
6. 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
Boarding or rooming house
Church, chapel, or mortuary
clubs, or lodges
College, or University, including
auditoriums, stadiums and housing
facilities
Convalescent home /hospital
Country club, swim club or
recreation use
1 space
dwelli.nc4
- each guest room or guest
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 pro-
vided for on- campus housing facilities
according to this schedule.
1 space for each 3 patient beds
1 ;pac-2 ! ,;r persons based on the
ai�.xi:r,uu� aut i c ipated capacity of all fac-
ilities capable- of simultaneous use as
determined by the Planning Director.
54 -
USE
Day nursery or nursery school
Dormitories or other student
housing
Elementary or junior high school
High School, including auditoriums
and stadiums on site
Hospital
Theatre or auditorium not on
school site
Restaurant, cocktail lounge,
similar use for sale or con-
sumption of food or beverage
.1r-1
MINIMUM OFF- STREET PARKING REQUIRED
1 space for each staff member plus 1
space for each 10 students.
1 space for-each two guest rooms
2 spaces for each teaching station
7 spaces for each teaching station
1 space for each patient bed.
1 space for each 3 seats in main
assembly room; or, 1 space for each 20
square feet in main assembly room
or 1 space for each 100 square feet of
gross floor area, but not less than
10 spaces for each such establishment.
Bank, financial institution, public
or private utility office
Medical or dental office
Other business, technical ser-
vice, administrative or pro-
fessional office or commercial
building
Barber or beauty shop, cleaning
or laundry use or similar
personal service use.
Food store, supermarket or
similar use
Furniture store, appliance
store, or similar uses which
handle only bulky merchandise
Plant nursery, garden shop
Commercial service uses, repair
shops, garages, wholesale uses
1 space for each 200 square feet of gross
floor area
5 spaces for each doctor
1 space for each 200 square feet of
gross floor area
1 space for each 250 square feet
of gross floor area
1 space for each 150 square feet of
gross floor area
1 space for each 500 square feet of gross
floor area (including display)
5 spaces, plus 1 additional space for each
500 square feet of outdoor sales or display
1 space for each 200 square feet of gross
floor area (including display)
- 55 -
15,
USE
Automobile, boat, camper, or
similar vehicle sales, display
or rental uses
Service station
Automobile car wash
Manufacturing or industrial
uses, including office or other
incidental operations on the site
Warehouse or storage building
MINIMUM OFF- STREET PARKING REQUIRED
1 space for each 500 square feet of
gross floor area plus 1 space for each
1,000 square feet of outdoor sales, display
or service area.
5 spaces
Spaces or reservoir parking and drying
area equal to 5 times the capacity of
the car wash.
1 space for each 350 square feet of gross
floor area, but not less than 1 space for
each employee on the maximum shift.
1 space for each 1,000 square feet of gross
floor area but not less than 1 space for each
employee on the maximum shift.
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 equiv-
alent to 20 square feet for each parking space. Such landscaping shall be pro-
vided 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.
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 he adequately maintained.
E. Landscape and irrigation. plans, including the type and location of plant
materials to be used, shall be subject to the approval of the Planning
Director -- generally, all trees and plant materials shalt be evergreen
unless otherwise specified by the City Council, Planning Commission, or
Planning Director.
- 56 -
15-3
F. 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 no. 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.
G. Parking area design dimensions shall be as follows: (See sample parking
lot plot plan)
In the event practical difficulties and hardships result from the strict
enforcement of the following standards due to existing permanent buildings
or an irregular- shaped parcel, an administrative variance by the Planning
Director may be given for Standards No. 1 through No. 4 inclusive, not to
exceed five (5) percent, and Standards No. 5 through No. 13 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.
3.
4,
30° 45° 60° 900
16' 19' 20' 20'
14' 18' 20' 25'
46' 56' 60' 65'
5. 14' for one -way traffic; 24' for two -way traffic (two -way aisles shall
t;, : i,etm tted 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.
n. Curter, shall be installed at A minimum (tom Lace of walls, fences,
hulldln -: or other :,a rur tares. This requirement excepts drivew;rvs that
11,1 (0 the m,tnr giver iuy% area for park in}',- A curb shall be Installed
- 5 / -
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.
H. Where off - street parking facilities are provided but not required by
Section 14, such facilities shall comply with the development standards
of this Section.
I. Loading spaces shall be provided to the specifications of the Planning
Commission under Design Review.
SAMPLE PARKING LOT PLOT PLAN
- 59 -
Scale: 1" = 30'
NOTE: Pages 60 - 67 inclusive was adopted as a
separate Ordinance - Section 15 - Signs.
See Ordinance No.
156
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
the use regulations or the site area
use is located shall be deemed to be
tinued, except as otherwise provided
or a site, that does not conform with
regulations for the zone in which the
a non - conforming use and may be con -
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
u`se 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 >ection.
- 68 -
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
- 69 -
1
s
be made by or shall be reviewed and approved by the Field Services 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 an "R" zone, a non - residential use that is a permitted use or a
conditional use in the CO or CN 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 or CH zone, a use that is a permitted use or a conditional use in
any C zone or any M 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 M zone, a use that is a permitted use or a conditional use in any M
zone may be continued, provided that non - conformity with screening and per-
formance 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 Commission 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.
- 70 -
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 an R zone, a use that is not a
permitted use or a conditional use
in a CP or CN zone
In a CG zone, a use that is not a
permitted use or a conditional use
in any C zone or any M zone
)
)
)
)
)
)
)
153
3 years
(Type IV & V bldgs.:
(Ten years
(
(Type II Bldgs.: 15 yrs.
(Type I & II Bldgs.:
(20 Years.
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
assessed valuation of less than
$500.00.
C. Screening and Performance Standards.
1. Elimination of non - conformity with
screening requirements and per-
formance standards.
D. Signs.
1. In an R zone, removal of a non - conforming
advertising or 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 an R zone,
removal of a non - conforming advertising
sign or structure.
5 years
3 years
1 year
1 year
1 year
3 years
SECTION 16.9. TIME WHEN USE, STRUCTURE, SCREENING AND PERFORMANCE STANI)ARDS, 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 in this article
for the elimination of the use, the removal of the structure or sign, or compliance
- 71 -
160
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 STANDARDS 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
or registered 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 so used.
161
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 Commission, 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 amend -
ment_procedure as a means of adding new uses to the list of permitted or con-
ditional 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 neces-
sary 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 Com-
mission.
SECTION 17.1 -4. DETERMINATION
The determination of the Planning Commission shall be rendered in writing and
shall be transmitted to the City Council-within-fifteen (15) days of the determina-
tion. The decision of the Planning-.Commission-shall become final within thirty
(30) days unless an appeal .is filed or unless a majority of the City Council elects
to review the determination.
SECTION 17.1 -5. APPEAL TO CITY COUNCIL
A decision of the Planning Commission may be appealed within fifteen (15) days
to the City Council by the applicant or any other person, as prescribed in
Section 17.6 (Appeals: Council Review), or by any member of the City Council
without fee.
SECTION 17.1 -6. DETERMINATION BY CITY COUNCIL
The City Council shall make a determination as prescribed in Section 17.6 -3 (City
Council Action on Appeal) if an appeal has been filed within the prescribed fifteen
(15) day appeal period. The decision of the City Council shall be final.
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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 per-
mitted, 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 Commission 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 Permits, subject to the right of appeal to
the City Council or to review by the City Council.
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 owner 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.
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163
SECTION 17.2 -4. PUBLIC HEARING
The Planning Commission shall hold at least one public hearing on each appli-
cation 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 commission 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.
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 Commission
and made available to the applicant prior to the Public Hearing.
SECTION 17.2 -6. ACTION OF THE PLANNING COMMISSION
Within twenty one (21) days following the closing of the Public Hearing on a
Conditional Use Permit application, the Planning Commission shall act on the
application. The Commission 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 Com-
mission may prescribe. Conditions may include, but shall not be limited to,
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 Commission may deem necessary to insure compatibility of the use with
surrounding development standards; and such other conditions as the Commission
may deem necessary to insure compatibility of the use with surrounding develop-
ments and uses and to preserve the public health, safety and welfare. A Condi-
tional 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 side yards; 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 Commission 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.
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1
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.
SECTION 17.2 -8. EFFECTIVE DATE OF THE USE PERMIT
The decision of the Planning Commission shall be final within fifteen (15) days
from the date of the decision unless an appeal has been filed to the City Council.
SECTION 17.2 -9. APPEAL TO CITY COUNCIL
A decision of the Planning Commission may be appealed within fifteen (15) days
to the City Council by the applicant or any other person as prescribed in Section
17.6 (Appeals: Council Review), or by appeal of an individual member of the
City Council without fee.
SECTION 17.2 -10. DETERMINATION-BY-CITY COUNCIL
The City Council shall hold a Public Hearing' on a. Conditional Use Permit as
prescribed in Section 17.6 -3 if an appeal has been filed within the prescribed
fifteen (15) day appeal period. The decision of the City Council shall be
final.
SECTION 17.2 -11. 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 ex-
piration 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 re-
quired, provided that a use permit-for a public utility installation may be
valid for a longer period if specified by the Planning Commission.
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 Commission.
*The Commission may grant or deny an application for renewal of a Conditional
Use Permit.
SECTION 17.2 -12. 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.
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165
B. Alteration or expansion of a pre - existing .anditional use shall be permitted
only upon the granting of a use permit as crescribed in this Section, provided
that alterations not exceeding $2,500.00 it value as determined by the
Field Services Official shall be permittee without the granting of a Con-
ditional Use Permit.
C. A Conditional Use Permit shall be required for the reconstruction of a
'� -h_ structure is destroyed
structure h .. _ .,,.
ausir�, a � �,�- e.;���
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 structure as it existed prior thereto.
Estimates for this purpose shall be made by or 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 -13. MODIFICATION OF CONDITIONAL USE
Sections 17.2 -2 through 17.2 -11 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 -14. SUSPENSION AND REVOCATION
Upon violation of any applicable provision of this Ordinance, or, if granted sub-
ject to conditions, upon failure to comply with conditions, a Conditional Use Perini
shall be suspended autcmatically. The Planning Commission 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 provision, or condition. Within fifteen (15) days following
the date of a decision of the Commission revoking a Use Permit, the Secretary
shall tranmit to the City Council written notice of the decision. The decision
shall become final thirty (30) days following the date on which the Use Permit
was revoked unless an appeal has been filed within the prescribed fifteen (15) day
appeal period, in which cage Section L7,(---3 (City uouncil Action on Appeal) shall
apply.
SECTION 17.2 -15. 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 conditional
use on the same or substantially the same site shall be filed within one year from
the date of denial or revocation of the Use Permit.
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16&
SECTION 17.2 -16. 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 -17. USE PERMIT AND CHANGE OF ZONE FILED CONCURRENTLY
Application for a Conditional Use Permit may be made at the same time as application
for change in zone boundaries'including the same property, in which case the
Planning Commission shall hold the public hearing on-the zoning reclassification and
the Use Permit at the same meeting and may combine the two hearings. For the purposes
of this section, the date of the Commission decision on the Use Permit application
shall be deemed to be the same as the date of enactment by the City Council of an
ordinance changing the zone boundaries, provided that if the Council modifies a
recommendation of the Commission on a zoning reclassification, the Use Permit
application shall be reconsidered by the Commission in the same manner as a new
application.
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 Uses provisions of
this Ordinance.
C. The Planning Commission 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.
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167
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 inter-
pretation and enforcement of the specified regulation, 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
showing, when pertinent, the
six inches, and all existing
uses, structures, driveways,
and landscaped areas.
the site and any adjacent property affected,
contours at intervals of not more than
and proposed locations of streets, property lines,
pedestrian walks, off- street parking facilities,
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 circumstances
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 Commission 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 a public hearing, the Commission 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 Commission and made available to the
applicant prior to the public hearing.
SECTION 17.3 -6. ACTION OF THE PLANNING COMMISSION
Within twenty one (21) days following the close of the public hearing on a variance
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application, the Planning Commission shall act on the application. The
Commission 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 Commission may prescribe. Upon failure to act
within the prescribed twenty one (21) day period, the Commission shall lose
jurisdiction and an appeal may be taken to the City Council as prescribed in
Section 17.6 (Appeals; Council. Review).
SECTION 17.3 -7. FINDINGS
The Planning Commission may grant a Variance to a regulation prescribed by
this Ordinance with respect to fences, walls, hedges, screening, or landscaping;
site area, width, or depth; front, rear, or side yards; coverage, height of
structures; distances between 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 Commission 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.
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 or to the intended use of the property
that 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 t he vL.r anc„ will not constitute the granting of a special
privilege inconsistent with the limitations on other properties classified
in the same zone.
E. That the granting of the Variance will not he detrimental to the public health,
safety, or welfare, or mitr.ri :ally injurious to properties or improvements in
the vicinity.
SECTION 11.3 -8. SIGNS: ADDITIONAL FINDINGS
The Planning Commission may grant a Variance to a regulation proscribed by this
Ordinance with respect to signs as the variance was applied for or in modified
form, if, on the basis of :pi i • at { ur: and the ev idence s ,
txbn�iittt�d the Comm-
ission makes findings of fact_ that establish chat t: a circumstances pre c.ri.bed 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.
._80_
1G3
B. That the granting of the variance will not create a hazard to public
safety.
SECTION 17.3 -9. PARKING: ADDITIONAL FINDINGS
The Planning Commission 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 Commission makes findings of fact that establish that
the circumstances prescribed in Section 17.3 -7 apply and the following cir-
cumstances also apply.
A. That neither present nor anticipated future traffic volumes generated by
the use of the site or the uses of sites in the vicinity reasonably require
strict or literal interpretation and enforcement of the specified regulation.
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 of any
other condition inconsistent with the objectives of this ordinance.
SECTION 17.3 -10. APPEAL TO CITY COUNCIL
A decision of the Planning Commission on a variance may be appealed within
fifteen (15) days to the City Council by the applicant or any other person as
prescribed in Section 17.6 (Appeals: Council Review), or by appeal of an indi-
vidual member of the City Council without fee.
SECTION 17.3 -11. ACTION BY CITY COUNCIL
An appeal shall be heard and acted upon by the City Council as prescribed in
Section 17.6 -3 (City Council Action on Appeal).
SECTION 17.3 -12. EFFECTIVE DATE OF VARIANCE
A decision of the Planning Commission on a variance shall be effective fifteen (15)
days after the date of the decision unless an appeal has been filed. A variance
shall become effective immediately after it is granted by the City Council.
SECTION 17.3 -13. 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
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renewal became effective, an application for renewal of the variance is
filed with the Planning Director.
C. The Planning Commission may grant or deny an application for renewal of
a variance.
SECTION 17.3 -14. REVOCATION
A variance granted by the Planning Commission subject to conditions shall be
revoked by the Commission if the applicant has not complied with the conditions.
The decision of the Commission revoking a variance shall become effective
fifteen (15) days following the date on which it was revoked unless an appeal
has been filed. A variance granted by the City Council shall be revoked only by
the City Council.
SECTION 17.3 -15. 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 -16. 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.
171
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.
SECTION 17.4 -2. INITIATION
A. A change in the boundaries of any zone may be initiated by the owner or
the authorized agent of the owner of the property by filing an
application for a change in zone boundaries as prescribed in this
section. If the property for which a change of zone is proposed is in
more than one ownership, all the owners or their authorized agents
shall join in filing the application.
B. A change in the boundaries of any zone or a change in the regulations may
be initiated by resolution of the City Planning Commission or 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 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 for which the change in zone boundaries is proposed.
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 Commission 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.
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.
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I %2
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 Commission 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 Ditector shall make an investigation of the application or
proposal and shall prepare a report thereon which shall be submitted to
the Planning Commission and to the applicant prior to the Public Hearing.
SECTION 17.4 -7. PUBLIC HEARING PROCEDURE
At the Public Hearing, the Planning Commission 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 PLANNING COMMISSION
Within 21 days following the closing of the Public Hearing, the Planning
Commission shall ma1.e a specific finding as to whether the change is
consistent with the objectives of this Ordinance and shall recommend that
the application be granted, granted in modified form, or denied, or that the
proposal be adopted, adopted in modified form, or rejected.
SECTION 17.4 -9. ALTERNATE CLASSIFICATION IN LIEU OF PROPOSED CLASSIFICATION
When the Commission 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
Commission may recommend 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
RE None
RU RE
RM Any other R Zone
CO None
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173
PROPOSED ZONE DESCRIBED ALTERNATE ZONES THAT
IN PUBLIC HEARING NOTICE MAY BE CONSIDERED
CN None
CG CO
CH CO, CG
MP None
M -1 MP
MHP, PD, PC, PS, (CC) 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 Commission or City Council could consider.
SECTION 17.4 -10. APPEAL TO THE CITY COUNCIL
A decision of the Planning Commission involving an application for a change
in zone boundaries or a change of the zoning regulations may be appealed to
the City Council within fifteen (15) days by the applicant or any other person
as prescribed in Section 1'7..6 (Appeals: • Council Review) or by appeal of an
individual member of the City Council without fee.
SECTION 17.4 -11. ACTION BY THE CITY COUNCIL
The City Council shall hold at least one Public Hearing on an application
or a proposal within 40 days after receipt of the Resolution or report
of the Planning Commission, provided that no hearing shall be held on an
application or proposal which has been denied by the Planning Commission
unless an appeal is filed as prescribed in Section 17.6 (Appeals: Council
Review). The hearing shall be set and notice given as prescribed in
Section 17.5 (Public Hearing Time and Notice). Within 21 days following
the closing of a public hearing, the Council shall make a specific finding
as to whether the change is consistent with the objectives of this Ordinance.
If the Council finds that the change is consistent, it shall introduce an
ordinance amending the zoning map or zoning regulations, whichever is
appropriate. If the Council finds that the change is not consistent, it
shall deny the application or reject the proposal. The Council shall not
modify a decision of the Planning Commission recommending granting of an
application or adoption of a proposal until it has requested and considered
a report of the Commission on the modification. Failure of the Commission
to report within 30 days after receipt of the Council request shall be
deemed concurrence.
SECTION 17.4 -12. 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
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or substantially the same change shall not be filed within one year of the
date of denial.
SECTION 17.4 -13. 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 Commission, provided that the
Commission may change the time or place of a hearing. However, the Planning
Commission shall hold a Public Hearing within 40 days after the application
for an Amendment, Use Permit, or Variance has been filed.
The City Clerk shall set the time and place of Public Hearings required by
this Ordinance to be held by the City Council, provided that the Council may
change the time or place of a hearing. The City Council shall hold a public
hearing on a rezoning request, or an amendment approved by the Planning
Commission or on an appeal from a decision of the Commission not less than
40 days after notice of such decision or appeal has been filed with the
City Clerk unless the applicant or appellant shall consent to an extension
of time. 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 Commission or City
Council 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 17.6. APPEALS: COUNCIL REVIEW
SECTION 17.6 -1. APPEAL OF DECISION OF PLANNING COMMISSION
Where this Ordinance provides for appeal to the City Council of a decision of
the Planning Commission, the appeal shall be made within fifteen (15) days of
the date of the decision by filing a letter of appeal with the Planning
Director. The appeal shall state in writing the reasons for the appeal.
Within fifteen (15) days of receipt of the appeal, the Planning Director
shall transmit to the City Clerk the letter of appeal, and copies of the appli-
cation and all other papers and documents constituting the record upon which
the Planning Commission made its decision.
SECTION 17.6 -2, FEE
An appeal shall be accompanied by a fee established by Resolution of the
City Council to cover the cost of processing the appeal.
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175
SECTION 17.6 -3. CITY COUNCIL ACTION ON APPEAL
The City Council shall hold at least one public hearing on a decision of
the Planning Commission which has been appealed. The hearing shall be
held within 40 days of the appeal and the time and place of the hearing
shall be set by notice given as prescribed in Section 17.5 (Public
Hearing Time and Notice). The City Council-shall render a decision on
an appeal within 21 days following the closing of the Public Hearing on
the appeal. The Council may affirm, reverse, or modify a decision of the
Planning Commission. The decision of the City Council shall be final.
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 usa
of property not permissible under a strict literal interpretation of the
regulations.
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 decision of not more than ten percent of the required building site
area, width or depth.
B. A decrease of not more than 20 percent of the required width of a
side yard or the yard between buildings.
C. A decrease of not more than 20 percent of the required front or
rear yard.
D. An increase in the permitted height of a fence or wall used as a
fence, the total height not to exceed six feet.
E. An increase of no 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
areas of signs.
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.
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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.
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.
SECTION 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 appli-
cation 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 Commission, as prescribed in Section 17.3 -7 (Findings)
do apply.
SECTION 17.7 -6. DECISION ON 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).
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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.
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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 Planning Commission 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 Planning Commission, 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 Planning Commission 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.
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The Commission 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 for
Planning Commission review.
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 Planning Commission to
ensure that the purposes of this Section are satisfied.
SECTION 18.3. ACTION BY THE PLANNING COMMISSION
Within 20 days of the date the drawings are submitted, the Planning
Commission shall approve, conditionally approve, or disapprove the plans and
drawings, or shall request the applicant to revise them. Failure of the
Commission to act within 20 days shall be deemed approval of the drawings
unless the applicant shall consent to an extension of time.
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SECTION 18.4., EFFECTIVE DATE OF DESIGN REVIEW DECISION
A decision of the Planning Commission shall be effective immediately unless
an appeal has been filed by the applicant.
SECTION 18.5. APPEAL TO CITY COUNCIL
A decision of the Planning Commission on a Design Review may be appealed
to the City Council by the applicant as prescribed in Section 17.6 -1
(Appeal of Decision of Planning Commission).
SECTION 18.6. ACTION BY CITY COUNCIL ON APPEAL
At its next regular meeting following the filing of an appeal from a
decision of the Planning Commission on a Design Review, 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.
SECTION 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 diligently pursued toward completion.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the llth day of December, 1972.
ATTEST:
CITY' CLERK 6F TEE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF TIDE CET! OF CRESS
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 llth day of December, 197 2;by the following roll call vote:
AYES: 4 COUNCILMEN: Franklewi_c�h, Kane1, Roberts and L cavo
NOES: 1 COUNCILMEN: Harvey
ABSENT: 0 COUNCILMEN: None
CITY CLERK OF THE CITY OF CYPRESS
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