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Ordinance No. 546ORDINANCE NO. 546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING VARIOUS PROVISIONS OF ORDINANCE NO. 497, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection A of Section 7 of Ordinance 497 hereby is amended to read as follows: A. Enforcement. The city council, the city attorney, the police chief, the building superintendent, the city clerk and all officials charged with the issuance of licenses or permits shall enforce the provisions of this ordinance. Any permit, certificate, or license issued in conflict with the provisions of this ordinance shall be void. SECTION 2. Section 8 of Ordinance 497 hereby is amended in the following respects: (a) The definition of "Ambient level" is hereby deleted in its entirety. (b) The definition of "Commercial and /or trade school" hereby is added to read "Commercial and /or trade school shall mean a private institution conducting regular instruction in business, commercial or trade skills." (c) The definition of "Coverage" hereby is amended to read as follows, "Coverage shall mean the percentage of total building site area covered by enclosed structures and /or carports, but excluding uncovered steps, driveways, walks, covered patios and lanais, terraces and swimming pools." (d) The definition of "Dwelling, single- family" hereby is amended to read as follows, "Dwelling, single - family, shall mean a detached building designed for the use of one family." (e) The definition of "Garage, public" hereby is amended to read as follows, "Garage, public, shall mean any garage, other than a private garage, used for the storage, parking, care, repairing, or equipping of motor vehicles." (f) The definition of "Home occupation" hereby is added to read as follows, "Home occupation shall mean any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely effect the uses permitted in the zone of which it is a part." (g) The definition of "Non - conforming use" hereby is amended to read as follows, "Non- conforming use shall mean a use lawful when established but which does not conform to the provisions of this ordinance for the zone in which it is located." (h) The definition of "Parking space" hereby is added to read as follows, "Parking space shall mean a space within a public or private parking area, exclusive of driveways, ramps, columns, offices, and work areas, which space is for the temporary parking or storage of one motor vehicle." SECTION 3. Subsection C of Section 9.1 of Ordinance No. 497 hereby is amended to add "Recreational Vehicle Storage Yards" as a conditionally permitted use in the RE, RU and RM zones. SECTION 4. Subsection B of Section 9.3 of Ordinance No. 497 hereby is amended to read as follows: Required front and street side yards shall be landscat and shall consist predominately of plant materials except for necessary walks, drives, and fences. Said required front and street side yards shall not be used for the parking or storage of any motor vehicle or vehicular accessory such as camper shells, travel trailers, motor bikes, or other wheeled accessory or convenience, except upon paved surfaces. SECTION 5. Paragraph 4 hereby is added to Subsection D of Section 9.5 of Ordinance No. 497 to read as follows: 4. For the purpose of this section, swimming pools shall be con- sidered to be a detached accessory structure. SECTION 6. Subsection B of Section 10.1 of Ordinance No. 497 hereby is amended to add the following uses: 1. Auction houses, provided all activities and storage are con- ducted completely within a building, as a conditionally permitted use in the CG and CH Zones. Amusement arcades as a conditionally permitted use in the CG and CH Zones. Banks as a permitted use in all commercial zones. Decorating and drapery sale shops as a permitted use in the CN, CG and CH Zones. Mens clothing stores and tailor shops as a permitted use in the CG and CH Zones. Tailor shops as a conditionally permitted use in the CN Zone. Public storage facilities (mini- warehouses) as a conditionally permitted use in the CG and CH Zones. SECTION 7. Subsection C of Section 10.1 of Ordinance No. 497 hereby is amended to add the following uses: C. Churches as a conditionally permitted use in all commercial zones. Commercial, trade or vocational schools as a conditionally permitted use in all commercial zones. SECTION 8. Subsection F of Section 10.1 of Ordinance No. 497 hereby is amended to read as follows: F. Other uses: 1. Other commercial uses as may be determined by resolution of the Planning Commission to be similar to and no more detrimental than existing permitted uses in any commercial zone. SECTION 9. Paragraph 1 of Subsection A of Section 10.2 of Ordinance No. 497 hereby is deleted in its entirety. SECTION 10. Subsection H hereby is added to Section 10.3 of Ordinance No. 497 to read as follows: H. In any commercial zone, a minimum setback of 20 feet shall be required wherever a lot abuts a lot in any residential zone. Said set- back may be used for required open, off - street parking areas. SECTION 11. Subsection C of Section 11.1 of Ordinance No. 497 hereby is amended to include the following additional uses: - 2 - C. Automotive sales and services, including rental agencies, as a conditionally permitted use in the MP zone. Boat, camper and recreational vehicle sales and service as a conditionally permitted use in the MP zone. Plumbing shops as a permitted use in the M -1 zone. Commercial sales establishments dealing principally with industrial customers such as heavy construction and earth moving equipment, machines, presses, forges, material sales (no outdoor storage), and related uses as a conditionally permitted use in the MP zone. SECTION 12. Subsection H hereby is added to Section 11.1 of Ordinance No. 497 to read as follows: H. Other uses as may be determined by resolution of the Planning Commission to be similar to and no more detrimental than existing per- mitted uses in any industrial zone. SECTION 13. Section 13.2 of Ordinance No. 497 hereby is amended to read as follows: Sec. 13.2. Home occupations. Home occupations permitted by the provisions of the zoning regulations shall be subject to the approval of the Planning Director and shall comply with the following regulations: A. 1. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. 2. In no way shall the appearance of the structure or premises be so altered or the conduct of the occupation within the structure be such that the structure or premises may be reasonably recognized as serving a non - residential use (either by color, materials, or construction, lighting, signs, sounds or noises, vibrations, display of equipment, etc.). 3. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation. 4. No motor or mechanical equipment shall be permitted other than normally incidental to the use of the structure as a dwelling. 5. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located. 6. No storage of materials and /or supplies, indoors or outdoors, shall be permitted which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. 7. Not more than one (1) room in the dwelling shall be employed for the home occupation. 8. No building or space outside of the main building shall be used for home occupational purposes. 9. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes. ,..:0910. A home occupation shall not create any radio or television interference or noise audible btyond the boundaries of the site. 11. No smoke, odor, liquid, or solid waste shall be emitted. 12. There shall be no outdoor storage or display of materials or equipment maintained on the premises. 13. The use of commercial vehicles for delivery of material to or from the premises shall not be permitted. 14. The conduct of the home occupation shall not interfere with the maintenance of the two required parking spaces within the garage. 15. A business license shall be obtained from the Finance Department. 16. No in- person sales shall be conducted on the premises. 17. The application shall be subject to review each year by the Planning Director. Violation of any of the criteria listed above shall result in cancellation of the home occupation permit and revocation of the business license. B. A decision of the Planning Director regarding the approval, dis- approval, or conditions imposed may be appealed in writing to the Plan- ning Commission within fifteen (15) days of notice of the decision. C. The Planning Commission shall review newly issued home occu- pation permits on a quarterly basis. SECTION 14. Subsection B of Section 14.2 of Ordinance No. 497 hereby is amended to add the following uses and parking requirements: Minimum off - street parking required One space for each 200 square feet of gross floor area. One space for each 200 square feet of gross floor area, but not less than 10 spaces for each such estab- lishment. Use Convenience markets. Drive -in restaurants. Plant nursery, garden shop. Automotive, boat, camper, or similar vehicle sales, display or rental uses. Five spaces plus one additional space for each 1,000 square feet of outdoor sales or display area. One space for each 500 square feet of gross floor area, but not less than five spaces. SECTION 15. Subsection J hereby is added to Section 14.3 of Ordinance No. 497 to read as follows: J. At the discretion of the Planning Commission, off - street parking facilities providing more than forty (40) parking spaces may provide an on -site traffic circulation and parking plan to accommodate both full size and compact car spaces. Said optional parking plans shall meet the following criteria. 1. Not more than 35% of the total number of parking spaces shall be designed for compact and sub - compact vehicles. 2. Compact spaces must be evenly spread throughout the total off - street parking area and located opposite a 450 full size aisle and parking stall. 3. Compact car parking spaces shall measure at least 8 feet by 15 feet in size. SECTION 16. Subsection E of Section 15.1 of Ordinance No. 497 hereby is amended to read as follows: E. Canopy signs shall not project above the canopy; and signs attached to a building shall not project above the eaves line except as approved by the Planning Commission under Design Review. SECTION 17. Paragraph 1 of Subsection C of Section 15.3 of Ordinance No. 497 hereby is amended to read as follows: 1. For sale or rental signs. In any zone, one unlighted sign not exceeding six square feet on each street frontage adjoining a site, plus one "open house" sign. Free standing signs shall not exceed six feet in height. All sale and rental signs shall be removed within thirty (30) days from the date of sale. SECTION 18. Paragraph 2 of Subsection C of Section 15.3 of Ordinance No. 497 hereby is amended to read as follows: 2. Construction signs. On the site of a project actively under construction, one unlighted sign not exceeding ten square feet in area for each contractor, architect or engineer engaged in a project. Signs may be combined. Free standing signs shall not exceed six feet in height. Said signs shall be removed within five (5) days after the issuance of a certificate of occupancy by the Building Superintendent. SECTION 19. Paragraph 6 of Subsection C of Section 15.3 of Ordinance No. 497 hereby is amended to read as follows: 6. For the purpose of ministering this section, apartment or group housing complexes of thirty (30) units or more shall be considered within the definition of a "subdivision." Apartment complexes may display directional signs for a period of two years following the final construction inspection or until 100% of the units have been rented, whichever occurs first. SECTION 20. Section 17.2 -8 of Ordinance No. 497 hereby is amended to read as follows: The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision and upon receipt by the Planning Department of a signed agreement to the conditions of approval, unless prior to the expiration of said fifteen (15) day period an appeal has been filed with the City Council. SECTION 21. Subsection C of Section 17.2 -11 of Ordinance No. 497 hereby is amended to read as follows: The Planning Commission may grant or deny an application for renewal of a conditional use permit subject to the modification of existing conditions of approval and /or the addition of new conditions of approval. SECTION 22. Subsection B of Section 17.3 -7 of Ordinance No. 497 hereby is amended to read as follows: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. SECTION 23. Subsection D of Section 17.3 -7 of Ordinance No. 497 hereby is amended to read as follows: That the granting of the variance as conditioned will not con- stitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. SECTION 24. Section 17.3 -12 of Ordinance No. 497 hereby is amended to read: A decision of the Planning Commission on a variance shall be final fifteen (15) days after the date of the decision and upon receipt by the Planning Department of a signed agreement to the conditions of approval, unless an appeal has been filed with the City Council within said fifteen (15) day period. SECTION 25. Subsection C of Section 17.3 -13 of Ordinance No. 497 hereby is amended to read as follows: C. The Planning Commission may grant or deny an application for renewal of a variance subject to the modification of existing conditions and /or the addition of new conditions of approval. SECTION 26. Section 17.6 -3 of Ordinance No. 497 is hereby amended to read as follows: 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 forty (40) days from the filing of the appeal; and the time and place of the hearing shall be set by notice given as prescribed in Section 17.5. The City Council shall render a decision on an appeal within twenty -one (21) days following the closing of the public hearing on the appeal. Failure of the City Council to act within the time period prescribed by this section shall be deemed approval of the Planning Commission action. The Council may affirm, reverse or modify a decision of the Planning Commission. The decision of the City Council shall be final. SECTION 27. Subsection A of Section 17.7 -1 of Ordinance No. 497 hereby is amended to read as follows: A. A decrease of not more than 10% of the required building site area, width, or depth. SECTION 28. Subsection D of Section 17.7 -1 of Ordinance No. 497 hereby is amended to read as follows: D. An increase of not more than 20% in the permitted height of a fence or wall, subject to the review and conditions of the Public Works Director. SECTION 29. Subsection H hereby is added to Section 17.7 -1 of Ordinance No. 497 to read as follows: H. A decrease in the number of required parking spaces of not more than 10 %. SECTION 30. Subsection I hereby is added to Section 17.7 -1 of Ordinance No. 497 to read as follows: I. An increase of not more than 10% in the maximum allowable lot coverage. 331. SECTION 31. Subsection J hereby is added to Section 17.7 -1 of Ordinance No. 497 to read as follows: J. An increase of not more than 10% in the permitted height of buildings. SECTION 32. Section 18.4 of Ordinance No. 497 hereby is amended to read as follows: A decision of the Planning Commission on a design review shall be effective immediately upon receipt by the Planning Department of a signed agreement to the conditions of approval; provided, however, that the applicant may appeal said decision to the City Council within fifteen (15) days from the date of such decision. SECTION 33. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of March, 1975. MAYOR OF THE CITY7F CYPRESS ATTEST: CITY CLERK OF THE CIT OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 24th day of March, 1975; by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERK OF THE CITY OF CYPRESS