Cerritos City Zoning Code
CHAPTER 22
30 OS – OPEN SPACE ZONE
§ 22.30.100 Purpose.
The OS zone is intended to provide for the continuation, development, protection and preservation of public and quasi-public open spaces so as to maintain these limited resources, establish outdoor recreation and education areas, and provide for the public health, safety and general welfare of the community. The OS zone also provides for the control of the land development for the purpose of shaping the urban form, for providing local and regional buffer greenbelts and/or to establish linkages between open space areas, primary community activity centers and regional elements. Special considerations in the development of uses permitted in the OS zone should ensure that, when developed, these properties will have no detrimental nuisances on adjacent land uses and that the privacy of adjacent properties are maintained at a quality level. It is further intended that any building or structure permitted in the OS zone shall be subordinate to, and in furtherance of, the primary use of the land for open space purposes as set forth and defined in the Cerritos general plan and the State Planning and Zoning Law. Congregate care facilities designed to satisfy affordable housing mandates may be conditionally permitted in the OS zone only when such facility is associated with post secondary educational institutions and developed on property owned, managed, operated or governed by the same educational institution. Additionally, automobile storage facilities may be conditionally permitted in the OS zone only when such facility is associated with the Cerritos Auto Square and developed on property designated for utility easements.
(Ord. 517 § 1 (part), 1976; Ord. 533 § 2, 1976; Ord. 822 § 1, 2000; Ord. 830 § 1, 2001)
§ 22.30.200 Location.
The following criteria shall be considered in establishing and maintaining the OS zone:
(1)
A proposed new or modified open space use or the construction of an existing open space use shall be compatible with surrounding land uses and shall be necessary to promote the public’s health, safety and general welfare.
(2)
A proposed new open space area and/or use shall not become a detriment upon the community as a result of social, physical and/or economic conditions.
(3)
A proposed new open space area and/or use shall be located, developed and/or constructed in a manner that ensures that privacy at adjacent properties and/or uses are maintained at a quality level consistent with the intent to promote the community’s general welfare.
(4)
Any pedestrian, vehicle or bicycle access shall be safe and efficient.
(5)
A proposed affordable congregate care facility shall be located, developed and/or constructed in a manner that is deemed to be consistent and compatible with the existing land uses. Additional measures shall be taken to ensure that the proposed congregate care facility is architecturally compatible with existing residential uses and is maintained at the quality level consistent with the intent to promote the community’s general welfare. Any and all proposed congregate care facilities within the OS zone shall be designed to satisfy affordable housing requirements mandated by the state of California.
(Ord. 517 § 1 (part), 1976; Ord. 533 § 3, 1976; Ord. 822 § 2, 2000)
§ 22.30.300 Permitted uses.
The following uses may be permitted in the OS zone, subject to the approval of a precise plan and/or public project referral that demonstrates that the purpose and location criteria of this chapter are met:
(1)
Scenic, historic and cultural centers and corridors;
(2)
Parks, playgrounds and recreation centers;
(3)
Public schools (elementary, secondary, college);
(a)
Definition. As used in this subsection, the following definitions shall apply:
(i)
A “public school” is a school that is comprised of a publicly owned building or group of buildings, which is supported by the State of California, County of Los Angeles and/or the ABC Unified School District, the use of which meets state requirements for elementary schools, secondary schools, or colleges and which use secures the major part of its funding from any governmental agency;
(4)
Public service, community facilities, museums;
(5)
Spreading grounds, settling basins, water renovation facilities and sewage conveyance facilities;
(6)
Primary utility easements, rights-of-way, public utility substations, equipment and maintenance facilities;
(7)
Transportation and circulation easements and rights-of-way;
(8)
Landscape and public improvement easements and rights-of-way; and
(9)
Comparable uses as determined according to the provisions of Section 22.20.100 and which are found not to be incompatible, harmful, undesirable or a use which would negatively affect the environment of the area.
(Ord. 517 § 1 (part), 1976; Ord. 897 § 1, 2005; Ord. 965 § 1, 2012)
§ 22.30.350 Conditional uses.
(a)
Conditional uses may be permitted in the OS zone if it is found in each case that:
(1)
New construction shall be located and designed in a manner that can be integrated into future or existing open space, campus layout and/or urban development;
(2)
The site has adequate size, shape, location and configuration to permit the development of said use, ensuring that there shall not be a detrimental effect on adjacent properties and that buffering is provided;
(3)
Feasibility of arranging ingress and egress without interference or hazard with adjacent land uses and properties or with vehicular and pedestrian traffic;
(4)
Compatibility with adjacent land uses, structures, activities and the architectural theme of the community;
(5)
The site is located in an area of the city which provides necessary and/or desirable linkages with ancillary activities and uses necessary in the implementation of the conditional use;
(6)
The criteria in Section 23.10.210 are satisfied; and
(7)
Specific conditions are imposed to carry out the purpose of this code and the continuance of the use.
(b)
These conditional uses include:
(1)
Growing of field, flower, tree, turf, bush, berry and row crops, etc.;
(2)
Plant nurseries;
(3)
Botanical gardens;
(4)
Stables, riding academies and boarding of horses;
(5)
Affordable congregate care facilities shall be permitted in conjunction with a post secondary education institution; provided, that:
(i)
It will not occupy more than six acres or ten percent of the existing open space area of that specific campus, whichever is less,
(ii)
Density shall not exceed more than thirty dwelling units per net acre of land,
(iii)
Landscaping shall cover at least thirty percent of land area not covered by building on a specific development parcel, and
(iv)
Parking facilities shall be provided and the ratio shall not be less than 0.6 spaces per bed;
(6)
Cemeteries including mortuaries, mausoleums and crematoriums as accessory uses;
(7)
Automobile storage facilities associated with the Cerritos Auto Square shall be permitted on property designated for utility easements; provided, that:
(i)
It will not occupy more than seventeen acres or forty percent of the existing open space area, whichever is less,
(ii)
A minimum distance of one hundred twenty-five lineal feet from residential land uses, as measured from the nearest automobile stored at said facility, shall be maintained; provided, that a permanent physical barrier such as an arterial street, freeway or flood control channel exists. If no such barrier exists, the minimum distance requirement shall be no less than four hundred lineal feet from residential land uses,
(iii)
Automobile storage facilities shall maintain a minimum setback of twenty feet along arterial streets and a minimum setback of thirteen feet along collector and local streets, as measured form the face of the street curb, and
(iv)
Landscape screening shall be installed along arterial, collector and local streets within the designated setback area; and
(8)
Comparable uses as determined according to the provisions of Section 22.20.100 and found not to be incompatible, harmful, undesirable or a use which would negatively affect the environment of the area;
(9)
Private schools (elementary, secondary, college);
(i)
Definition. As used in this subsection, the following definitions shall apply:
(A)
A “private school” is a school that is comprised of a privately-owned building or group of buildings, which is supported by a private entity, religious or nonreligious, the use of which meets state requirements for elementary schools, secondary schools, or colleges and which use does not secure the major part of its funding from any governmental agency.
(ii)
Criteria.
(A)
Vehicular access from an arterial or collector street.
(B)
The private school will not delete, remove or adversely impact existing parks, playgrounds or recreation resources.
(Ord. 517 § 1 (part), 1976; Ord. 822 § 3, 2000; Ord. 830 § 2, 2001; Ord. 897 § 2, 2005)
§ 22.30.400 Accessory uses.
The following uses may be permitted in the OS zone only in conjunction with an approved permitted and/or conditional use subject to any specific limitations:
(1)
Greenhouses;
(2)
Caretaker’s or manager’s residences;
(3)
Equipment storage buildings; and
(4)
Accessory structures and uses necessary and incidental to the use of the property.
(Ord. 517 § 1 (part), 1976)
§ 22.30.450 Temporary uses.
For temporary uses in OS zone, refer to Section 22.20.450.
(Ord. 517 § 1 (part), 1976)
§ 22.30.500 Prohibited uses.
The following uses are prohibited in the OS zone:
(1)
Public and private auctions and auction-related events and activities.
(Ord. 827 § 7, 2001)
§ 22.30.600 Intensity standards.
On any parcel designated as an OS zone, the following intensity standards shall apply: The percentage of building coverage to the gross parcel area or unit of development, whichever is less, shall be no greater than twenty-five percent; and this coverage standard may be increased if the approving authority finds that the increase is necessary and/or desirable in meeting the purpose and intent of this chapter, or for affordable congregate care facilities in conjunction with a post secondary education institution; provided, that it meets the criteria set forth in Section 22.30.350(b)(5).
(Ord. 517 § 1 (part), 1976; Ord. 822 § 4, 2000)
§ 22.30.700 Site development standards.
In addition to the development standards established by and under Chapter 22.70 of this code, the following standards shall apply in the OS zone. In the event of any conflict between those development standards and the standards as are hereinafter set forth, the standards of this chapter shall apply:
(1)
Parcel Area. There shall be no minimum parcel area or unit of development requirement. The maximum parcel area for affordable congregate care facilities shall be as set forth in Section 22.30.350.
(2)
Setback. On any parcel or unit of development the following setback requirements shall apply:
(a)
Adjacent to a Street. Buildings shall be set back a minimum of fifty feet measured from the face of the curb of said streets and at least fifty percent of the setback area shall be fully landscaped. This building setback may be reduced to a minimum of thirty feet as measured from the face of the curb and at least fifty percent of the setback area shall be fully landscaped, for buildings located within six hundred feet from the San Gabriel River Flood Control Channel. Block walls of a maximum height of eight feet may be allowed within the setback area on the condition that said wall is designed and intended to be an integral part of the landscaping.
(b)
Adjacent to a Residential, Commercial, Industrial or Other Similar Land Use Parcel. Buildings shall be set back a minimum of twenty feet measured from the right-of-way property lines of adjacent parcels which are designated for residential, commercial, industrial or other similar land uses.
(3)
Building Height.
(a)
The maximum building height shall be two stories or thirty-five feet, whichever is less; provided, that the building shall not exceed a height equal to the least horizontal distance between the building and a property line of an adjacent residential parcel. No building shall provide vision into an adjacent residential yard.
(b)
For private schools on parcels at least five hundred feet from the nearest residentially zoned parcel, the maximum building height shall be fifty feet; provided, that any building greater than thirty-five feet is at least seven hundred fifty feet from the nearest residentially zoned parcel. The total footprint area of building(s) that may exceed thirty-five feet up to the maximum building height of fifty feet shall be no more than five percent of the total building footprint area for the entire private school development.
(4)
Architecture. In approving precise plans, consideration shall be given to architectural quality and compatibility. Any question of architectural compatibility or quality may be referred to a design review committee for review as provided for in Section 23.90.240. Site and building design shall be consistent and in harmony with the residential character of the city. Architectural considerations in reviewing precise plans within this zone shall include, but not be limited to, the following:
(a)
Exterior walls shall consist of heavy textured stucco, slumpstone or wood siding.
(b)
The exterior color and materials of all buildings and block walls shall be in harmony with adjacent developments.
(c)
Mechanical equipment:
(i)
All mechanical equipment and ductwork shall be within the structure or depressed within the material roof line. No equipment or ductwork shall be allowed on the roof of any structure within view from any street, freeway or adjacent building.
(ii)
Mechanical equipment shall not be exposed on an exterior wall surface of a building.
(iii)
Cyclone blowers shall be screened by walls, fences or landscape materials and shall be located below the facia and/or roof line of the building; further, they shall not be located on the front of a building and shall be painted to match the surface to which attached.
(iv)
Incinerators are prohibited.
(v)
Gutters and downspouts are to be painted to match the surface to which attached unless used as a major design element, in which case the color is to be consistent with the color scheme of the building.
(vi)
Vents, louvers, exposed flashing, tanks, stacks, overhead doors and service doors are to be painted consistent with the color scheme of the building.
(d)
Windows and doors:
(i)
Dark nonreflecting glass shall be required for all exterior windows and all glass doors.
(ii)
Mirrored or reflecting surfaces shall be minimized.
(e)
Visible roof materials shall consist of concrete tile.
(f)
Lighting shall be designed not only to afford safety and security, but shall serve to enhance the general appearance of the proposed development. In order to avoid any undue nuisances to adjacent properties resulting from glare, lighting fixtures are to have a height no greater than ten feet and are to be shielded from other properties as may be required. Decorative security lighting fixtures may be required, however, they shall not be substituted for parking lot or walkway fixtures and are restricted to the lighting of entrances, loading and storage areas, and similar service areas.
(5)
Storage. Any outdoor storage of wares, merchandise, materials, equipment, crates, bottles, service vehicles or similar items shall be totally screened. The percentage of outdoor storage coverage appropriate to the use shall be determined by the approving authority provided, that said storage conforms with the intent and purpose of this chapter.
(6)
Refuse Containment. All outdoor trash and refuse storage areas located on the site shall be enclosed from view on all sides not adjacent to a building by a concrete block or masonry wall and solid wood gate at least six feet high.
(7)
Loading and Unloading. All loading areas and loading activities shall be screened from view from an arterial street, school or residential area with view-obscuring landscaping and/or decorative block walls. In addition, all loading areas or docks shall be located to minimize the interaction between these areas and the uses and buildings located on the site.
(8)
Fencing. All areas containing animals shall be securely fenced. Special fencing may be required for any new or continued use in order to maintain the security of said uses and to assure the protection of adjacent uses from unsightly, noisy, hazardous, odorous or dusty conditions.
(9)
Parking. In addition to the parking space and improvement requirements of Chapter 22.74 of this code, the director of community development may recommend to the approving authority that they require additional parking spaces and improvements so as to enhance the design of the development and to provide a harmonious circulation scheme between adjacent developments. The planning commission shall determine the number of on-site parking spaces required for affordable congregate care facilities based upon the scope and nature of the proposed project. However, the required number of on-site parking spaces shall not be less than 0.6 spaces per bed.
(10)
Maintenance. All premises in the OS zone shall be maintained in a safe, healthy, clean and nonoffensive manner and in no instance shall any premises be maintained in such a manner as to cause a nuisance to an adjoining property because of odor, flies, noises, dust or unsightly conditions.
(11)
Signs. In addition to the sign requirements of Chapter 22.48 of this code, the director of community development may recommend to the approving authority that they require additional standards and requirements to minimize impact of signs on the natural environment and the characteristics of an open space area.
(Ord. 517 § 1 (part), 1976; Ord. 770 § 1 (part), 1996; Ord. 822 § 5, 2000; Ord. 910 § 1, 2006; Ord. 1011 § 2, 2017)
§ 22.30.800 Environmental performance standards.
The environmental performance standards established under Chapter 22.80 shall apply in the OS zone.
(Ord. 517 § 1 (part), 1976)
§ 22.30.900 Modification of development standards.
(a)
The purpose of this section is to promote open space preservation, to achieve greater flexibility in design, to encourage well planned use of this resource through creative and imaginative planning, and to utilize this resource in a manner which is in the interest of the community’s health, safety and general welfare. This section, therefore, permits flexibility and modification in the site design and development standards as are set forth in this chapter and shall apply to all permitted uses as are set forth in Section 22.30.300. This section shall not apply to conditional uses, Section 22.30.350, and/or accessory uses, Section 22.30.400.
(b)
Application for Modification. The applicant, developer and/or the property owner may request of the approving authority a modification of the site development standards as set forth in Section 22.30.700; provided, however, that said request shall be in writing and submitted in conjunction with the precise plan and/or public referral project. Said request shall:
(1)
Provide a detailed description of the modification and how this differs from the development standards of this chapter;
(2)
State reasons for the request and show how the purpose and intent of this chapter are fulfilled;
(3)
Provide such other data, plans and evidence as the approving authority may deem necessary to reach a determination;
(4)
Accompany a filing fee approved and authorized by the city.
(c)
Approving Authority Review. The request shall be reviewed and considered by the approving authority in conjunction with the precise plan and/or public project referral. In approving the modification the approving authority shall find that it is:
(1)
Consistent with the intent, goals and objectives of this chapter and that no detrimental effect or nuisance will be created;
(2)
Necessary and/or desirable in implementing the intended use and its continued operation;
(3)
In the best interest of the community’s health, safety and general welfare;
(4)
Compatible and consistent with the design and development of adjacent land uses.
(d)
Notification to City Council. In every instance where the planning commission is the approving authority and has reviewed, considered, approved, conditionally approved and/or disapproved the request for modification of the development standards, the city council shall be so advised.
(Ord. 517 § 1 (part), 1976; Ord. 822 § 6, 2000)
