Cypress City Zoning Code
ARTICLE 1
ENACTMENT AND APPLICABILITY
1.01.010 Title.
Appendix I of the Cypress Municipal Code shall be known and cited as the "The City of Cypress Zoning Ordinance."
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.020 Adoption.
The zoning ordinance is adopted pursuant to article XI, section 7 of the Constitution of the State of California and in compliance with the requirements of title 7 of the Government Code, Planning and Zoning Law, to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare of residents. It establishes zoning districts that include all the territory within the City's boundaries. Within the established zoning districts it shall be unlawful to erect, construct, alter, or maintain buildings or uses of land that are not in conformance with the requirements and standards established in this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.030 Purpose.
The purpose of this zoning ordinance is to implement the policies of the Cypress General Plan by classifying and regulating the uses of land and structures within the City of Cypress. The zoning ordinance is adopted to promote and protect the public health, safety, and general welfare of residents while preserving and enhancing the aesthetic quality of the city. To fulfill these purposes, it is the intent of this zoning ordinance to:
A.
Implementation. Implement the goals, objective, policies and programs of the general plan and to manage future growth and development in accordance with that plan;
B.
Maintain community character. Provide standards that safeguard and enhance the appearance and quality of development in the city, while also maintaining the community's characteristics in appropriate locations;
C.
Classify land uses. Classify, designate, regulate, and segregate the uses of land and structures to serve the needs of agriculture, commerce, industry, residences, and other purposes in appropriate places;
D.
Establish conditions. Establish conditions that will allow the enjoyment of open spaces, including the appreciation of scenic beauty, by protecting the natural resources of the city;
E.
Avoid congestion. Prevent the overcrowding of land by maintaining a suitable balance between structures and opens spaces through regulation of location, height, bulk, number, stories and size of structures; the size and use of parcels and open spaces; the percentage of a parcel that may be occupied by a structure; and the intensity of land use;
F.
Organize adequate provisions for growth. Facilitate a comprehensive pattern of land uses that plan adequate provisions for community utilities, including transportation, water, sewage, schools, parks and other public requirements.
G.
Stabilize and enhance the social, physical, and economic advantages. Maintain and protect the value of property resulting from comprehensive and orderly planned use of land resources;
H.
Ensure adequate parking. Ensure that adequate off-street parking and loading facilities will be installed and maintained; and
I.
Sign regulation. Regulate signs and billboards.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.040 Authority, relationship to general plan.
A.
Authority. This zoning ordinance is enacted based on the authority vested in the City of Cypress by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code.
B.
Relationship to general plan. This zoning ordinance and the zoning map are the legislative framework to enhance and implement the goals, policies, plans, principles, and standards of the City of Cypress General Plan, which is the overall policy document of the city, hereafter referred to as the "general plan."
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.050 Relationship to other regulations.
A.
Other requirements may still apply. Nothing in this zoning ordinance eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Municipal Code or complying with the regulations of any city department, or any county, regional, state, or federal agency.
B.
Existing rights. The rights granted by any permit, license, or other approval under any ordinance repealed by this ordinance shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this ordinance.
C.
Conflicting requirements. Any conflicts between different requirements of this zoning ordinance, or between this zoning ordinance and other regulations, shall be resolved in compliance with section 1.01.020(E) (Rules of interpretation).
1.
The provisions of this ordinance shall not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed.
2.
Nothing in this ordinance shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.
D.
Relationship to California Environmental Quality Act (CEQA). When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this zoning ordinance, the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Government Code, Section 15000 et seq.), and any environmental guidelines adopted by the City of Cypress.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.060 Applicability of zoning ordinance.
This zoning ordinance applies to all real properties, land uses, structures, subdivisions, and development within the City of Cypress, as provided by this Section.
Premises shall not be used except as specifically permitted and subject to the regulations and conditions of this ordinance, except as otherwise provided. Wherever this ordinance prohibits the use of premises for a particular purpose, those premises and any improvements on those premises shall not be used for that purpose. Structures or improvements shall not be constructed, altered, or moved onto the premises that are designed, arranged, or intended to be occupied, or used for the prohibited purpose.
A.
New land uses or structures, changes to land uses or structures. Compliance with the requirements of subsection 2.04.020 (General requirements for development and new land uses) or, where applicable, section 25 (Nonconforming uses, structures, and parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B.
Continuation of an existing land use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this zoning ordinance, including section 25 (Nonconforming uses, structures, and parcels).
Existing land uses that were in violation of city zoning regulations applicable before the effective date of this zoning ordinance are in violation of this zoning ordinance. These uses shall continue to be in violation unless they conform to the current provisions of this zoning ordinance, except as otherwise provided in this zoning ordinance.
C.
Effect of Zoning Ordinance on projects in progress. A land use permit application that has been accepted by the Planning Division as complete prior to the effective date of this zoning ordinance or any amendment shall be processed according to the requirements in effect when the application was accepted as complete.
D.
Effect of zoning ordinance on 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, nevertheless may be continued and completed in accordance with the plans and specifications upon which the permit was issued.
E.
Minimum requirements. The provisions of this zoning ordinance shall be minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. When this zoning ordinance provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this zoning ordinance as may be necessary to promote orderly land use development and the purposes of this zoning ordinance.
F.
City of Cypress exempt. Agencies of the City of Cypress, the Cypress Redevelopment Agency, and/or the Cypress Recreation and Parks District shall be exempt from the provisions of this ordinance when the planning agency makes the following findings:
1.
That reasonable attempts have been made to comply with the regulations contained in this zoning ordinance; and
2.
That the strict and literal interpretation and enforcement of the zoning ordinance would inhibit the planning agency's ability to maintain public health, safety, and general welfare; and
3.
That the granting of the exemption will not be detrimental to the public health, safety, and general welfare or materially injurious to properties or improvements in the vicinity.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.070 Responsibility for administration.
This zoning ordinance shall be administered by the planning agency, the community development director, the community development department, and other departments, groups or individuals identified in this zoning ordinance in compliance with the Cypress Municipal Code and Subsection 4.18.020 of this zoning ordinance (Authority for land use and zoning decisions).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.080 Use of headings.
The headings of the sections, subsections and clauses of this zoning ordinance, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this zoning ordinance or any of its provisions.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.01.090 Partial invalidation of zoning ordinance.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. 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 thereof be declared invalid or unconstitutional.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.02.010 Purpose.
This section provides rules for resolving questions about the meaning or applicability of any part of this zoning ordinance. The provisions of this section are intended to ensure the consistent interpretation and application of the requirements of this zoning ordinance and the general plan.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.02.020 Rules of interpretation.
A.
Authority. The planning agency shall have the final responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this zoning ordinance, the community development director may act in an advisory capacity.
B.
Minimum requirements. The provisions of this zoning ordinance shall be strictly interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.
C.
Language.
1.
Terminology. When used in this zoning ordinance, the words "shall," "will," "must," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to . . . " and the word "used" includes the words "arranged for, designed for, occupied or intended to be occupied for."
2.
Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the follow-ing phrases, names of personnel and decision making bodies are shortened in this zoning ordinance.
The City of Cypress is referred to as the "city."
The city council is referred to as the "council."
The community development department is referred to as the "department."
The community development director is referred to as the "director."
The City of Cypress General Plan is referred to as the "general plan."
The planning agency shall mean the city council.
The State of California is referred to as the "state."
The nonconforming use hearing board is referred to as the "nonconforming use hearing board."
The County of Orange is referred to as the "county."
The City of Cypress Municipal Code is referred to as the "Municipal Code."
The California Subdivision Map Act is referred to as the "Map Act."
3.
Number of days. Whenever a number of days is specified in this zoning ordinance, or in any permit, condition of approval, or notice issued or given as provided in this zoning ordinance, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act.
4.
State law requirements. Where this zoning ordinance references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.
D.
Calculations—Rounding. Where provisions of this zoning ordinance require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.
1.
Minimum parcel area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next lowest whole number.
2.
Residential density. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next lowest whole number.
3.
All other calculations. For all calculations required by this zoning ordinance other than those described in subsections D.1 and D.2 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is one-half (0.5) or more, and to the next lowest whole number when the fraction is less than one-half (0.5).
E.
Conflicting requirements. Any conflicts between different requirements of this zoning ordinance, or between this zoning ordinance and other regulations, shall be resolved as follows.
1.
Zoning ordinance provisions. In the event of any conflict between the provisions of this zoning ordinance, the most restrictive requirement shall control.
2.
Development agreements or specific plans. In the event of any conflict between the requirements of this zoning ordinance and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.
3.
Other ordinances or adopted codes. In the event of any conflict between requirements of this zoning ordinance and other ordinances or adopted codes, the most restrictive shall control, except as may be superseded by resolution or ordinance.
4.
Private agreements. It is not intended that the requirements of this zoning ordinance shall interfere with, repeal, abrogate or annual any easement, covenant, or other existing agreements that are more restrictive than the provisions of this zoning ordinance. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
F.
Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty.
1.
Where zone boundaries are shown as approximately following legal lot lines or the right-of-way lines of highways, streets, or alleys, such lines shall be the zone boundaries. In all other cases where a district abuts a highway, street, or alley, the zone boundaries shall extend to the centerline of the high-way, street, or alley.
2.
In the case of unsubdivided property where a zone boundary divides a lot, the location of the boundary, unless the boundary is indicated by dimensions or legal description, shall be determined by use of the scale appearing on the zoning map.
3.
Where a public highway, street, or alley, or any portion thereof is officially vacated or abandoned, the vacated or abandoned highway, street, or alley shall acquire the zone classification of the property to which the vacated or abandoned portion reverts.
4.
In the event of any other uncertainty regarding zone boundaries, the planning agency, by written decision, shall determine the location of the zone boundary.
G.
Allowable uses of land. If a proposed use of land is not specifically listed in article II (Zoning Districts and Allowable Land Uses) the use shall not be allowed, except as follows.
1.
Similar uses allowed. The planning agency may determine that a proposed use not listed in article II may be allowed as a permitted or conditional use, or is not allowed. In making such a determination, the planning agency shall first find that:
a.
The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise or intensity than the uses listed in the zoning district;
b.
The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and
c.
The proposed use will be consistent with the goals, objectives and policies of the general plan and any applicable specific plan.
A determination by the planning agency that a use is not allowed may be appealed in compliance with section 27 (Appeals and Revocations).
2.
Applicable standards and permit requirements. When the planning agency determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required and what other standards and requirements of this zoning ordinance apply.
H.
Measurement of height, yard and area requirements. When this zoning ordinance requires that compliance to a standard is met by specific measurements and there is an ambiguity concerning the measurement, the planning agency shall make a determination as to the correct measurement.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
1.02.030 Procedures for interpretations.
It shall be the duty of the planning agency to determine that the meaning or applicability of any of the requirements of this zoning ordinance are subject to interpretation generally, or as applied to a specific case.
A.
Request for interpretation. The request for an interpretation or determination shall be made to the department, shall include all information required by the department, and the fee established by the city's fee resolution.
B.
Findings, basis for interpretation. The issuance of an interpretation by the planning agency shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the general plan.
C.
Record of interpretations. Official interpretations shall be:
1.
Written, and shall quote the provisions of this zoning ordinance being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and
2.
Kept on file in the community development department.
Any provision of this zoning ordinance that is determined by the planning agency to need refinement or revision will be corrected by amending this zoning ordinance as soon as is practical. Until an amendment can occur, the planning agency will maintain a complete record of all official interpretations as an appendix to this zoning ordinance, and indexed by the number of the section or subsection that is the subject of the interpretation.
D.
Appeals. Any interpretation of this zoning ordinance by the planning agency may be appealed in compliance with section 25 (Appeals and Revocations).