Cypress City Zoning Code
ARTICLE 3
PERFORMANCE AND DEVELOPMENT STANDARDS
3.10.010 Purpose.
The purpose of this section is to establish performance standards that provide for a degree of flexibility in the placement of uses, particularly in commercial and industrial zoning districts, while protecting the environment, the integrity of surrounding development, and public health, safety, and general welfare.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.020 Applicability.
The provisions of this section apply to new and existing uses in all zoning districts. Use of the land that exists on the effective date of this section shall not be altered or modified so as to conflict with, or further conflict with, these standards.
If requested by the director or the review authority, applicants shall provide evidence to the director that the proposed development is in compliance with the standards in this section and other applicable standards in this zoning ordinance before the issuance of a building permit or business license.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.030 Air pollution.
A.
Excessive air pollution prohibited. The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, fumes, gases, mist, odors or particulate matter, or any other air contaminants or combination which exceeds any local, state, or federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business on-site or on an abutting site.
B.
Compliance. Sources of air pollution shall comply with rules identified by the [federal] Environmental Protection Agency, the California Air Resources Board, and the South Coast Air Quality Management District (SCAQMD).
C.
SCAQMD permit. If requested by the director, uses, activities, or processes that require approval to operate from the South Coast Air Quality Management District (SCAQMD) shall file a copy of the permit with the department within 30 days of its approval.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.040 Fire and explosive hazards.
The storage and use of inflammable and explosive materials shall conform to requirements established by the city's building code and fire code. Incineration is prohibited.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.050 Hazardous materials storage.
A.
Compliance with state law. The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the City in a timely manner.
B.
Definition. For the purposes of this subsection, hazardous substances shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.
C.
Conditional use permit required. A conditional use permit shall be required for a use that involves the handling, manufacture, processing, or storage of hazardous substances in sufficient quantities that would require permits under the city's fire code.
D.
Reporting requirements. Businesses that are required by state law to prepare hazardous materials release response plans shall submit copies of the plans, including any revisions, to the director at the same time the plans are submitted to the fire department.
E.
Storage structures. Structures for the storage of hazardous materials shall be designed to meet Orange County Fire Authority approved standards. Storage structures shall be removed upon change in occupancy of the facility.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.060 Light and glare.
Light and glare associated with residential uses, business operations, and illuminated signs shall be shielded or directed so as not to illuminate adjacent properties or cause glare that affects motorists. Also see subsection 3.11.060 (Exterior lighting).
 |
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.070 Noise.
A.
Compliance with noise control provisions. Activities shall comply with the provisions of chapter 13, article 7 (Noise Control) of the Municipal Code.
B.
Mechanical devices used to clean and maintain real property.
1.
Devices defined. Mechanical devices associated with the cleaning and maintenance of real property include stationary or mobile pumps, fans, compressors, generators, leaf blowers, and sweepers. A leaf blower is a specific type of mechanical device that is subject to additional operational restrictions in residential zoning districts. A leaf blower, however powered, uses a concentrated stream of air to blow leaves, dirt, grass clippings, and other debris off of sidewalks, driveways, lawns, and other surfaces.
2.
Restrictions applicable to mechanical devices, not including leaf blowers.
a.
Time restriction. Mechanical devices, except for leaf blowers in residential zoning districts, may be used within any zoning district between the hours of 7:00 a.m. and 8:00 p.m. on any day except Saturday, Sunday, or federal holiday, or between the hours of 8:00 a.m. and 8:00 p.m. on Satur-day, Sunday, or federal holiday.
b.
Activities prohibited at other times. The use of mechanical devices for cleaning and maintenance purposes shall be prohibited at times other than noted in subparagraph a., above.
3.
Restrictions applicable to leaf blowers.
a.
Time restriction. Leaf blowers may be used within a residential zoning district or within 200 feet of a residential zoning district only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 9:00 a.m. and 6:00 p.m. on Saturday.
b.
Duration of use restriction. Leaf blowers shall not be operated for more than 15 minutes per hour on parcels less than one-half acre and for more than 30 minutes per hour on parcels greater than one-half acre.
C.
Trash collection and deliveries.
1.
Trash collection shall be allowed within:
a.
Commercial zoning districts between the hours of 5:00 a.m. to 6:00 p.m., Monday through Satur-day. In areas of commercial zoning districts that are located within 200 feet of residential zoning districts, trash collection shall be allowed between the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. Trash collection at other times shall be prohibited.
b.
Residential zoning districts between the hours of 7:00 a.m. to 6:00 p.m., Monday through Satur-day.
2.
Deliveries to a site within a commercial zoning district shall be allowed between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and between the hours of 9:00 a.m. and 10:00 p.m. on Sundays and federal holidays. Those sites for which a conditional use permit has been granted authorizing delivery activity beyond or more restrictive than these specified hours are exempted from this regulation.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.080 Odor.
Uses shall not emit odorous gases or other odorous matter in quantities that are readily detectable beyond the boundaries of the site of the use. Sources of odorous emissions shall comply with the rules and regulations of the South Coast Air Quality Management District (SCAQMD) and the California Health and Safety Code. Noxious odorous emissions in a matter or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.090 Property maintenance.
A.
Public nuisance.
1.
Public nuisance defined. Structures, and the land upon which the structures are located, and vacant land in the city maintained in any condition that results in the following, shall be deemed a public nuisance and a violation of this zoning ordinance. A public nuisance:
2.
Nuisance prohibited. A person who owns, maintains, or possesses a structure or land in a condition identified in paragraph 1., above, shall not allow the nuisance condition to exist.
3.
Infraction or misdemeanor. A violation of any provision(s) of this subsection shall be an infraction or misdemeanor in compliance with section 30 (Enforcement Provisions).
B.
Prohibited conditions applicable to all structures and properties. Prohibited conditions applicable to all structures and properties shall include:
1.
Neglected or improperly maintained landscaping (e.g., grass, ground covers, hedges, shrubs, and trees) in conflict with the provisions of subsection 3.13.070 (Landscaping). This shall include dead, overgrown in excess of 12 inches in height, or weed infested vegetation; vegetation dying as a result of physical damage, disease, insect infestation, or lack of water; vegetation likely to harbor rodents, vermin, insects, or other nuisances; vegetation which overhangs, impedes or obstructs vehicular traffic on any sidewalk, street, or other public right-of-way; and any required landscaping removed without proper city approval; and
2.
Damaged, dilapidated, and inadequately or improperly maintained signs or other identification or advertising devices or signs related to uses no longer conducted on the subject parcel, except for those identified in paragraph E.2. (Vacant nonresidential structures or properties), below.
C.
Prohibited conditions applicable to residential structures and properties. Prohibited conditions applicable to residential structures and properties shall include:
1.
Debris, junk, trash, or salvaged materials readily visible from a public street, alley, or adjoining property;
2.
Garbage, trash, or refuse bins, boxes, cans, or other containers stored for more than 24 hours on the public right-of-way or within the required front or street side setbacks;
3.
Abandoned, discarded, or unused cabinets, freezers, furniture, refrigerators, sinks, stoves, toilets, or other household fixtures or equipment that are visible at ground level from a public street, alley, or adjoining property;
4.
Construction equipment or machinery of any type or description, parked or stored on a residential property when the equipment is visible to the general public, except while construction, demolition, or excavation operations covered by an active building permit are in effect on the subject, or immediately adjoining, property;
5.
Other conditions related to fences, structures, or walls that are in need of correction, repair, or adequate and proper maintenance, including the existence of broken windows, graffiti, physical damage or general dilapidation, and surface(s) in need of paint, stain, varnish, or similar coating; and
6.
Clothing, laundry, linens, rugs, towels, and other similar materials hung on balconies, fences, open windows, railings, shrubbery, trees, or walls in the front or side yards or visible from a public right-of-way.
7.
Accumulation of animal waste.
D.
Prohibited conditions applicable to occupied nonresidential structures or properties. Prohibited conditions applicable to occupied nonresidential structures or properties shall include:
1.
Construction debris, junk, trash, salvaged materials, or waste materials of any description located anywhere on the property, except in approved solid waste storage or pick-up areas, or in scrap yards in compliance with subsection 3.11.120 (Solid waste/recyclable materials storage);
2.
Damaged, dilapidated, and inadequately or improperly maintained structures left in a state of partial completion and not covered by an active building permit;
3.
Garbage, trash, or refuse bins, boxes, cans, or other containers stored for more than 24 hours before pickup or after pickup on the public right-of-way or within the required front or street side setbacks;
4.
Business activities, including manufacturing and the sale and storage of merchandise or materials, not conducted entirely within a totally enclosed structure, except as allowed by subsections 3.17.150 (Outdoor display and sales) and 3.17.160 (Outdoor storage);
5.
Other conditions related to fences, structures, or walls that are in need of correction, repair, or adequate and proper maintenance, including the existence of broken windows, graffiti, physical damage or general dilapidation, and surfaces in need of paint, stain, varnish, or similar coating.
E.
Prohibited conditions applicable to vacant nonresidential structures or properties. Prohibited conditions applicable to vacant nonresidential structures or properties shall include:
1.
Property maintenance requirements for vacant nonresidential structures or premises shall be the same as for occupied nonresidential structures or properties described in subsection D. above where applicable, along with additional requirements described in paragraph 2. below.
2.
Damaged, dilapidated, or inadequately or improperly maintained signs or other identification or advertising devices or signs related to uses no longer conducted on the subject parcel, except for the following:
a.
For rent, sale, or lease signs not exceeding one-half square foot in area for each linear foot of structure fronting the public street may be displayed on the structure.
b.
The business that most recently occupied the premises may advertise the fact that the business has moved and the new business address, on one sign, not to exceed one-half square foot in area for each linear foot of structure fronting the public street. The temporary sign may be displayed on the wall or in a window. The sign may remain in place until the time that the structure or premises are occupied by a new business, or for a maximum period of 120 days from the date on which the structure or premises first become vacant.
F.
Prohibited conditions applicable to vacant properties. Prohibited conditions applicable to vacant properties shall include:
1.
Discarded lumber, junk, trash, construction debris, salvaged materials, or waste materials of any description located anywhere on the vacant property;
2.
Vehicles, including automobiles, boats, camper shells, construction equipment, mobile homes, motor homes, trailers of any type, and trucks, regardless of condition or capability of self-powered movement, parked or stored on vacant private property, except as allowed by other provisions of this subsection or the city's building code; or
3.
Abandoned, discarded, stored, or unused business, household, or industrial equipment, fixtures, furniture, or materials located anywhere on the vacant property.
G.
Abatement of public nuisances. Procedures for the abatement of public nuisances are outlined in chapter 13, article 3, of the Municipal Code.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.100 Radioactive or electrical disturbances.
A.
Radiation. The use of radioactive materials shall be restricted to materials used in measuring, gauging, and calibration devices.
B.
Electrical disturbance. Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted, except for amateur radio operations that comply with Federal Communication Commission regulations. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a nuisance shall be shielded, contained, or modified to prevent any disturbances. Operators of these uses shall comply with applicable Federal Communications Commission regulations.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.110 Temperature.
Uses shall not create changes in temperature beyond the boundaries of the site that are detectable by the human senses without the aid of instruments. This restriction shall not apply to temporary construction activity.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.120 Vibration.
Uses shall not generate inherent and recurrent ground vibrations that are perceptible, without the aid of instruments, at the boundary of the parcel on which a use is located. This restriction shall not apply to temporary construction activity.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.10.130 Water pollution.
A.
Discharge of liquids. Liquids of any kind shall not be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, unless in compliance with applicable regulations of the California Water Resources Control Board (Administrative Code, Title 23), and the California Water Code.
B.
General plan compliance. All new developments shall comply with the goals and policies of the Cypress general plan to minimize or eliminate the impacts of urban runoff.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1126, § 1, 5-9-2011)
3.10.140 Compliance.
The director shall have the authority to require a property owner or business owner to engage the services of a certified testing firm to verify compliance with specified performance standards. Copies of the test results shall be provided to the director.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.010 Purpose.
The purpose of this division [section] is to ensure that development is consistent with the general plan and produces an environment of stable and desirable character that is harmonious with existing and future development and protects the use and enjoyment of neighboring properties.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.020 Applicability.
The standards of this section apply to all zoning districts. These standards shall be considered in combination with the standards for each zoning district in article 2 (Zoning Districts and Allowable Land Uses) and section 17 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zoning district or specific land use shall override these general standards.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.030 Access.
A.
Access to streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. Structures shall be located to provide safe and convenient access for servicing, fire protection, and required off-street parking. Parcels located on a private street or road which was legally established before the effective date of this zoning ordinance are exempt from the required compliance with the latest adopted city standards for private streets or roads.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.040 Additions, remodeling, and repairs.
A.
Roof material. The type and color of roof materials utilized for additions, detached garages, and remodeling projects shall match the roof materials on the main structure.
B.
Exterior plumbing, electrical, and mechanical piping. Plumbing, electrical, and mechanical piping located on the exterior of a structure shall be screened from view. The director shall approve the type and color of materials utilized for screening.
C.
Exterior water heaters. Water heater enclosures located on the exterior of a structure shall be screened from view and shall fully comply with applicable building, electrical, and plumbing codes. The director shall approve the type and color of materials utilized for screening.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.050 Allowed projections into required setback areas.
This section provides standards for the projection or encroachment of architectural features into required front, side, and rear setback areas.
A.
Allowed projections in residential zoning districts. Architectural and structural features on a structure in a residential zoning district are allowed to project into required setback areas as identified in Table 3-1 (Allowed Projections into Required Setback Areas—Residential Zoning Districts).
TABLE 3-1 ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS RESIDENTIAL ZONING DISTRICTS | |||
|---|---|---|---|
Feature | Front Setback | Rear Setback | Side Setback |
Architectural adornments such as cornices, eaves, sills, etc. | 4 feet | 4 feet | Not more than one-half of the required side setback |
Balconies (a) | 6 feet | 6 feet | 6 feet |
Bay window or similar feature which does not extend the structure's foundation | 4 feet | 4 feet | Not more than one-half of the required side setback |
Canopies, Pop up | Not allowed | Not allowed | Not allowed |
Chimneys | 4 feet | 4 feet | Not more than one-half of the required side setback |
Fire escapes | Not allowed | No restriction | No restriction |
Canopies, gazebos, patio covers — open | Not allowed | Within 5 feet of the property line. Overhanging and cantilevered roofs and eaves may project to within 2 feet 6 inches from the rear property line. | Within 5 feet of the property line. Overhanging and cantilevered roofs and eaves may project to within 2 feet 6 inches from the side property line. |
Pool motors and similar equipment | Not allowed | May be located anywhere within rear setback. | May be located anywhere within side setback. |
Porches | 4 feet | 4 feet | Not more than one-half of the required side yard setback |
Roofs of accessory structures (b) | Not allowed | No closer than 5 feet to the lot line | No closer than 5 feet to the lot line, except for units developed on zero lot line parcels |
Notes: | |
|---|---|
(a) | Balconies shall be limited in width to six feet. Second floor decks other than balconies (e.g., sundecks) are prohibited. |
(b) | Roofs shall be no more than 10 feet in height. |
B.
Allowed projections in commercial zoning districts. Architectural and structural features on a structure in a commercial zoning district are allowed to project into required setback areas as identified in table 3-2 (Allowed Projections into Required Setback Areas—Commercial Zoning Districts).
TABLE 3-2 ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS COMMERCIAL ZONING DISTRICTS | |||
|---|---|---|---|
Feature | Front Setback | Rear Setback | Side Setback |
Architectural adornments such as cornices, eaves, sills, etc. | 4 feet | 4 feet | 4 feet |
Bay window or similar feature which does not extend the structure's foundation | 4 feet | 4 feet | 4 feet |
Chimneys | 4 feet | 4 feet | 4 feet |
Fire escapes | Not allowed | No restriction | No restriction |
Porches | 4 feet | 4 feet | 4 feet |
Steps and Stairways | 4 feet | 4 feet | 4 feet |
C.
Allowed projections in industrial zoning districts. Architectural and structural features on a structure in an industrial zoning district are allowed to project into required setback areas as identified in table 3-3 (Allowed Projections into Required Setback Areas—Industrial Zoning Districts).
TABLE 3-3 ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS INDUSTRIAL ZONING DISTRICTS | |||
|---|---|---|---|
Feature | Front Setback | Rear Setback | Side Setback |
Architectural adornments such as cornices, eaves, sills, etc. | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback |
Bay window or similar feature which does not extend the structure's foundation | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback |
Chimneys | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback |
Fire escapes | Not allowed | No restriction | No restriction |
Steps and Stairways | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback | Not more than 1/2 the width of required setback |
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1197, § 4, 6-27-22)
3.11.060 Exterior lighting.
A.
Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving.
B.
Intensity. The level of parking lot light projected onto any ground or wall surface shall not be less than two footcandles nor more than five footcandles at the base of the light fixture. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this subsection. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source.
C.
Security lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.
D.
Shielding of light source. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point beyond the property line. This requirement shall not apply to traffic safety lighting or public street lighting.
E.
Mechanical or chemical processes. Light, heat, or glare from mechanical or chemical processes, or from reflective materials used or stored on a site shall be shielded or modified to prevent emission of light or glare beyond the property line.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.070 Fences, hedges, and walls.
Fences, hedges, and walls shall conform to the provisions of this Subsection.
A.
Maximum height. The heights shown in table 3-4 are allowed within required setback areas in residential, commercial, and industrial zoning districts.
TABLE 3-4 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS | |
|---|---|
Location | Maximum Height |
Front and street side yards | 42 inches. |
Rear and interior side yards | 7 feet in residential zoning districts 6 feet in commercial zoning districts(a) 8 feet in industrial zoning districts |
Rear and side yards adjacent to parks and nonresidential land uses | 8 feet |
At intersections of streets, alleys and driveways within traffic sight areas. See Subsection 3.11.150 (Traffic Safety Visibility Area). | 42 inches |
Note: | |
|---|---|
(a) | Except when adjacent to a residential zoning district where an 8 ft. high wall shall be required. |
B.
Measurement of fence or wall height.
1.
The height of a fence or wall shall be measured from the finished grade at the location in which the fence or wall is to be located.
2.
Where there is a difference in the ground level between two adjacent parcels, the height of a fence or wall constructed along the property line shall be determined by using the finish grade of the highest contiguous parcel.
 Figure 3-2 Measurement of Fence or Wall Height |
C.
Prohibited fence materials.
1.
Residential zoning districts. Barbed wire, electrical fences, razor wire, and other similar objects on the top of fences or walls shall not be allowed in a residential zoning district.
2.
Commercial zoning districts. Barbed wire, electrical fences, razor wire, and other similar objects shall not be allowed on the top of fences or walls in a commercial zoning district, except on the top of fences or walls surrounding approved outdoor storage areas.
D.
Special fencing and wall requirements.
1.
Swimming pools, spas, and similar features. Swimming pools, spas, and other similar features shall be fenced in compliance with the city's building code.
2.
Outdoor equipment, storage, and work areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with [subsection] 3.11.100 (Screening and buffering).
3.
Temporary fences. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the director and shall comply with applicable building codes.
4.
Walls along public rights-of-way. Masonry and concrete block perimeter walls that adjoin public rights-of-way and that were constructed as part of a subdivision or other planned development shall be maintained in original condition, including the color and texture of the block and any cap elements.
5.
Extensions. Fences and walls may be extended with like materials and colors subject to approval of the director and shall comply with applicable building codes.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.080 Front windows of commercial businesses.
The windows at the ground floor level of a structure containing nonresidential uses shall be at least 50% transparent (i.e. not covered by signs or otherwise obscured by opaque material) to ensure clear views into and out of the structure. Merchandise, goods, or materials shall not be stored or placed in front of windows except for window display purposes, or if placed on shelves for display from inside the business. Shelving up to four feet in height may be placed inside the business in front of windows on the interior side, provided that the shelving shall not exceed 50% of the window area and that the window is painted or appropriately covered in an applied opaque material to completely obscure the shelving from view from outside the window. The amount of window area allowed to be covered by signs is provided in subsection 3.15.110 (Standards for specific types of signs).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.090 Height measurement and height limit exceptions.
Structures shall meet the following standards relating to height, except for fences, hedges, and walls, which shall comply with subsection 3.11.070 (Fences, Hedges, and Walls).
A.
Maximum height. The height of structures shall not exceed the standard established by the applicable zoning district in tables 2-3, 2-7, 2-12, 2-16, and 2-19 (General Development Standards). Maximum height shall be measured as the vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other incidental features.
 Figure 3-3 Height Measurement |
B.
Exceptions to height limits. The director may approve the following exceptions to the height limits of this zoning ordinance.
1.
Roof-mounted structures. Roof-mounted structures for the housing of elevators, stairways, ventilating fans, chimneys, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of 10 feet above the allowed structure height. The structures shall be screened in compliance with subsection 3.11.100 (Screening and buffering). The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 10% of the total roof area of the structure. In no case shall a roof-mounted structure be allowed for the purpose of providing or creating additional floor space.
2.
Communications facilities. Stealth communication facilities (e.g., television, radio, cellular, etc.) may be allowed to exceed the height limit established for the applicable zoning district by up to 10 feet.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.100 Screening and buffering.
A.
Mechanical equipment in residential zoning districts.
1.
Location of mechanical equipment.
a.
Location in front yard prohibited. Air conditioners, heating, cooling, swimming pool pumps, and all other nonportable, mechanical devices requiring an electrical permit (excluding roof heat exhaust fans both motorized and nonmotorized) shall not be located between the front property line and the main structure and shall be screened from public view.
b.
Location in side yard allowed. Mechanical equipment may be located in the side yard with an approved air conditioning and/or related mechanical equipment application in compliance with subparagraph 6 (Permit requirements), below.
c.
Distance of air conditioning units from adjacent property. Air conditioning units or related equipment shall be placed a minimum of 10 feet from any window or glass door opening of any adjacent property.
2.
Screening required. Mechanical equipment shall be screened from view from surrounding properties and streets.
3.
Noisy operation prohibited. Mechanical equipment shall be operated so that it does not disturb the peace, quiet, and comfort of neighboring residents in compliance with provisions of chapter 13, article 7 (Noise Control) of the Municipal Code.
4.
Solar collector panels. Solar collector panels and associated plumbing may be mounted on the surface of rooftops, in public view, provided the associated plumbing is painted to match the roof surface color.
5.
Installation requirements. Mechanical equipment shall be ground mounted. Mechanical equipment and any item not clearly specified within this section shall meet the requirements of the city's mechanical code in conjunction with the intent of this section, as interpreted by the director in compliance with subsection 4.19.060 (Design review).
6.
Permit requirements. Applications for the installation of air conditioning or any other residentially related mechanical equipment shall be submitted to the department on a form prescribed by the director and accompanied by the attachments and required fee.
B.
Mechanical equipment in commercial and industrial zoning districts. Mechanical equipment, including air conditioning units, shall be enclosed within a structure or completely screened from view from surrounding properties by the use of a fence or wall. Screening shall be compatible in color, style, and materials with the structures that the equipment serves.
C.
Screening between different zoning districts.
1.
Where a commercial, office, or industrial use abuts a property in a residential zoning district, a masonry wall of minimum height eight feet, with screen landscaping, shall be erected and maintained between the two uses. See figure 3-4 (Screening and Buffering), below. The wall shall be measured in compliance with subsection 3.11.070B. (Fences, hedges, and walls—Measurement of fence or wall height).
2.
Wherever an off-street parking area on a property in a commercial zoning district is located across a public or private street from property in a residential zoning district, a masonry wall or berm three feet in height shall be erected to screen the parking area from view. Landscape screening shall be provided as required in subsection 3.13.060 (Landscape requirements for parking areas).
3.
In a commercial zoning district, a minimum setback of 20 feet shall be required whenever a parcel abuts a parcel in a residential zoning district. This setback may be used for required open off-street parking areas.
 Figure 3-4 Screening and Buffering |
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.110 Setback measurement and exceptions.
This subsection establishes standards to ensure the provision of open areas for access to and around structures, access to natural light and ventilation, landscaping, recreation, separation of incompatible land uses, space for privacy, traffic safety, and visibility.
 Figure 3-5 Location and Measurement of Setbacks |
A.
Setback requirements.
1.
Structures shall conform to the setback requirements identified for each zoning district by article 2 (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this zoning ordinance.
2.
Each yard shall be open and unobstructed from the ground upward, except as provided in this Subsection.
B.
Exemptions from setback requirements. The minimum setback requirements of this zoning ordinance shall apply to all uses except for the following:
1.
Fences or walls constructed within the height limitations of this zoning ordinance;
2.
Free-standing solar devices, hot tubs, steps, terraces, and other site design elements that are placed directly upon the finish grade and are less than 18 inches above the surrounding finish grade (swimming pools/spas, and other similar water features shall be fenced in compliance with the city's building code); and
3.
Retaining walls less than four feet in height above finish grade.
C.
Measurement of setbacks. Setbacks shall be measured as follows:
1.
Front yard setback. The front yard setback shall be measured at right angles from the nearest point on the front property line to the nearest wall of the structure, except as follows:
a.
Whenever a future street right-of-way line is officially established, the required setback shall be measured from the established line(s);
b.
For a flag lot, the measurement shall be taken from the nearest wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest the public street or right-of-way.
2.
Side yard setback. The side yard setback shall be measured at right angles from the nearest point on the side property line to the nearest wall of the structure, establishing a setback line parallel to the side property line, that extends between the front and rear yards.
3.
Street side yard setback. The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point on the street side property line to the nearest wall of the structure.
4.
Rear yard setback. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest wall of the structure, establishing a setback line parallel to the rear property line, that extends between the side yards, except:
a.
The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and
b.
Where the side lot lines converge to a point, a line 10 feet long within the parcel, parallel to the front lot line, shall be deemed the rear lot line for the purpose of determining the depth of the required rear yard.
 Figure 3-6 Rear Yard Setbacks on Irregularly Shaped Lots |
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.120 Solid waste, organic waste, and recyclable materials storage.
This subsection provides standards for the provision of solid waste (refuse), organic waste, and recyclable material storage areas in compliance with state law (California Solid Waste Refuse and Recycling Access Act, Public Resources Code Sections 42900 et seq.).
A.
Applicability.
1.
New developments. A new multi-family residential, commercial, industrial, or other nonresidential development project requiring a building permit shall provide adequate, accessible, and convenient areas for collecting and loading solid waste and recyclable materials.
2.
Existing developments. Existing multi-family residential, commercial, industrial, or other nonresidential development projects shall include adequate, accessible, and convenient areas for collecting and loading solid waste materials.
3.
Existing developments undergoing alterations. An existing multi-family residential, commercial, industrial, or other nonresidential development project that is undergoing alterations shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials when:
4.
Co-mingled solid waste and recyclable materials receptacles. A new or existing multi-family residential, commercial, industrial, or other nonresidential development project located in a recycling area that allows for the collection of co-mingled solid waste and recyclable materials shall provide adequate, accessible, and convenient areas for collecting and loading co-mingled solid waste and recyclable materials.
B.
Multi-family projects. Multi-family residential projects with three or more dwelling units, shall provide refuse, organic waste, and recyclable material storage areas in compliance with the requirements of paragraph A. (Applicability), above, and in compliance with the following:
1.
Individual unit storage requirements. Developments which provide private garages for each unit may utilize individual refuse, organic waste, and recyclable containers for each unit. Each private garage shall have a dedicated storage space adequate in size to house the refuse, organic waste, and recyclable containers. A dedicated temporary storage space shall be provided outside in a location accessible for collection but shall not block circulation drives or conflict with parking.
2.
Common storage requirements. Common receptacles for refuse, organic waste, and recyclables shall be housed in a trash enclosure which complies with the requirements of paragraph D (Design and construction standards) and paragraph E (Location standards). Alternatively, an interior storage area may be provided within a dedicated room in the building. Sizing of the enclosure or interior storage area shall conform to the requirements of the city's solid waste provider.
C.
Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide refuse, organic waste, and recyclable material storage within a designated trash enclosure in compliance with the requirements of paragraph A (Applicability), above. Sizing of the enclosure shall conform to the requirements of the Public Works Department in consultation with the city's solid waste provider. The enclosure shall conform to the requirements of paragraph D (Design and construction standards) and paragraph E (Location standards), below.
D.
Design and construction standards. The design and construction of an interior storage area or trash enclosure(s) shall comply with the following requirements:
1.
Interior storage areas and trash enclosures shall comply with applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety, or any other federal, state, or local law or regulation.
2.
Interior storage areas and trash enclosures shall comply with the dimension and capacity requirements adequate to serve the development project as determined by the Public Works Department in consultation with the city's solid waste provider.
3.
Interior storage areas and trash enclosures shall include an adequate number of bins and containers located within the storage areas to allow for the collection and loading of solid waste and recyclable materials generated by the development project, as determined by the Public Works Department in consultation with the city's solid waste provider. A sign shall be permanently posted or painted on each solid waste and recyclable material container clearly identifying the container type and the name and telephone number of the company responsible for maintaining the containers.
4.
Trash enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development or decorative masonry block. Vines or hedges may be provided on up to three sides of the enclosure to deter graffiti and blend the structure into the landscape.
5.
Trash enclosures shall include a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure.
a.
Trash enclosures shall be paved with impermeable material. No other area may drain onto the trash enclosure area and the trash enclosure area shall not drain into the storm drain system.
b.
Interior storage areas and trash enclosures shall comply with national pollutant discharge elimination system (NPDES) and regional water quality control board (RWQCB).
6.
Interior storage areas and trash enclosures shall be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials.
7.
Trash enclosures shall be paved with impermeable material. No other area may drain onto the trash enclosure area and the trash enclosure area shall not drain into the storm drain system.
8.
Interior storage areas and trash enclosures shall include a vehicular access gate or door with a concrete apron and a separate pedestrian entrance. Access shall conform to solid waste provider requirements. Gates shall be solid and constructed of durable metal or composite materials. Chain link and wood fencing are prohibited. Gates shall be continuously maintained in working order.
9.
Trash enclosures shall be separated from adjacent parking stalls with a minimum five foot wide planter area.
E.
Location standards. Trash enclosures and interior storage areas shall be located in the following manner:
1.
Trash enclosures and interior storage areas shall not be located in an area where construction, operation, or maintenance of the storage area would be prohibited by federal, state, or local laws.
2.
Locations where recyclable materials are deposited, collected, and loaded shall be as convenient as the locations where solid waste materials are deposited, collected, and loaded. Wherever feasible, recycling areas shall be located adjacent to or combined with solid waste collection areas.
4.
Trash enclosures and interior storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-family residential developments shall be located within 250 feet of an access doorway to the dwellings, which they are intended to serve.
5.
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. 1206, 11/13/2023)
3.11.130 Street dedications and improvements.
A.
Purpose. Recognizing that increases in vehicular traffic will occur in the city due to development and growth, the following dedications and improvements are deemed necessary to prevent congestion and other hazards that are related to the intensified use of the land. These requirements shall be met and complied with before a building permit may be issued.
B.
Dedications.
1.
Requirements before issuance of building permit. Before the issuance of a building permit,
a.
Required streets and alleys, both local and highways, which abut a property subject to a development application and which are not designated as private streets or alleys, shall be dedicated; or
b.
A deed of dedication or irrevocable offer of dedication shall be deposited in escrow with an escrow agent acceptable to the city attorney. The delivery of a deed or irrevocable offer of dedication shall be conditioned upon the granting of the required building permit.
2.
Dedication or deed provisions for street width. The dedication or deed of dedication shall provide for the full street width required by the master plan of streets and highways, or this zoning ordinance, on the side of the street, highway, or alley abutting the property subject to a development application.
C.
Improvements.
1.
Requirements before issuance of building permit. Before the issuance of a building permit,
a.
The street, highway, and alley improvements shall have been installed; or
b.
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
c.
Cash in a reasonable amount to be determined by the city engineer shall have been deposited with the finance director to be placed in a trust fund.
2.
City standards for improvements. The 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.
D.
Exceptions.
1.
Rural streets. The provisions and requirements of paragraph C.(Improvements) above may be waived for streets that have been designated as "rural streets" by resolution of the council.
2.
Value of alteration less than 50% of value of existing structure. The provisions of this subsection shall not apply to a building permit for an addition or alteration to an existing structure when the estimated value of the addition or alteration, as determined by the building official, is less than 50 of the assessed value of the existing structure.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.140 Swimming pools and spas.
A.
Setbacks. Permanently constructed, nonportable swimming pools and spas shall maintain the follow-ing setbacks:
1.
A minimum four-foot setback from the interior side lot line, rear lot line, and from the primary structure and any accessory structure.
2.
For front setbacks and street side setbacks, the same setback requirements that apply to the primary structure for the zoning district in which the swimming pool or spa is located.
B.
Portable spas. Portable spas may be located within any side or rear setback area.
C.
Fencing required. Swimming pools and spas, whether permanently constructed or portable, shall be enclosed by fencing as required by the city's building code.
D.
Obstruction of path prohibited. Pool motors and similar equipment shall not block pool paths.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.150 Traffic safety visibility area.
A.
Visibility at corners of intersections required. Corner parcels in all zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways.
B.
Traffic safety visibility area described. The traffic safety visibility area shall be described as a triangular-shaped area on a corner parcel formed by measuring 15 feet from the intersection of the front and street side property lines, or an intersecting alley or driveway, and connecting the lines diagonally across the property making a ninety-degree triangle as shown in figure 3-7 below.
 Figure 3-7 Traffic Safety Visibility Area |
C.
Height limitation. Fences, walls, hedges, signs, structures, shrubbery, mounds of earth, or other visual obstructions over 42 inches in height, and tree canopies or other visual obstructions that hang lower than 42 inches from the ground, as measured from adjacent street curb elevation, shall not be erected, placed, planted, or allowed to grow within the traffic safety visibility area.
D.
Exemption from height limitation. Proposed improvements, structures or vegetation that exceed the 42 inch height limit may be allowed in the traffic safety visibility area by the director, if the director of public works determines that the location and/or height of the existing or proposed hedge, shrubbery, structure or other obstruction within the traffic safety visibility area allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection or juncture between street and private driveway.
E.
Depiction on plans and maps required. The traffic safety visibility area shall be shown on landscaping plans, grading plans, and tentative tract maps when required by the director.
F.
Identification of materials on landscape plans. Landscape plans shall show the common name, locations, and mature dimensions plotted to scale of proposed trees, shrubs, and plants within the traffic safety visibility area.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.160 Undergrounding of utilities.
A.
New developments. Cable television wires, electric and telephone facilities conduits, fire alarm conduits, street lighting wiring, and other wiring conduits and similar facilities shall be placed underground by the developer for new development.
B.
Modifications. The director may grant a modification or waiver of this requirement after considering the general purposes and nature of the proposed development.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.11.170 Special housing regulations.
A.
Replacement of protected residential units.
1.
Purpose. The purpose of this section is to implement Government Code section 65583.2(g)(3) to ensure the city does not approve a development project on a site identified in the sites inventory of the housing element of the general plan that would result in the elimination of protected housing units unless those housing units are replaced consistent with Government Code section 65915(c)(3).
2.
Applicability. The provisions of this section apply to any new development (residential, nonresidential, or mixed-use) on a site identified in the sites inventory of the housing element of the general plan that contains protected units as defined in subsection 3.11.170.A.3 or that contained protected units that have been vacated or demolished within the last five years.
3.
Protected units. For the purposes of this section, a protected unit is a dwelling unit that is or was within the last five years:
a.
Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of low or very low income;
b.
Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or
c.
Occupied by low or very low income households.
4.
Replacement requirement. Replacement of protected units shall be required as a condition of any development on the site. Replacement requirements shall be consistent with Government Code section 65915(c)(3).
B.
Affordable housing agreements.
1.
Developers of a residential development containing affordable housing units shall be required to enter into an Affordable Housing Agreement with the city in a form approved by the city attorney. The affordable housing agreement shall, at a minimum, include the following:
a.
The total number of units and the number of units that will be made affordable;
b.
The size, bedroom count, and location of each affordable unit;
c.
The income levels of the affordable units and an acknowledgement that the city will verify tenant and home buyer incomes to maintain the affordability of the units;
d.
The term of affordability for the units;
e.
Schedule of development for all units; and
f.
An affirmative fair marketing plan that is approved by the city to ensure advertising of the availability of the affordable units to a wide spectrum of city residents.
2.
Recordation. The executed affordable housing agreement shall be recorded against the residential development prior to final map approval or, where a map is not being processed, prior to the issuance of building permits. The affordable housing agreement shall bind all future owners and successors in interest for the term of years specified therein.
(Ord. No. 1198, § 7, 9-26-22)
3.12.010 Purpose.
The purpose of this section is to provide incentives for the production of affordable housing in accordance with California Government Code sections 65915—65918 ("State Density Bonus Law").
(Ord. No. 1197, § 5, 6-27-22)
3.12.020 Definitions.
The definitions found in state density bonus law shall apply to the terms contained in this section.
(Ord. No. 1197, § 5, 6-27-22)
3.12.030 Applicability.
This section applies to a "housing development," as defined in Government Code section 65915(i), or an "eligible housing development," as defined in Government Code section 65917.2, when an applicant proposes a density increase above the maximum allowable density and/or other regulatory incentives and concessions in exchange for reserving a portion of the units for lower-income, moderate-income, or senior households, as provided in this section and state density bonus law.
(Ord. No. 1197, § 5, 6-27-22)
3.12.040 Application requirements.
A.
Required submittals. In addition to the application filing requirements established in section 18 (Applications, Processing, and Fees), the following information shall be provided by the applicant on a form supplied by the community development department:
1.
How the proposed project will satisfy the eligibility requirements of Government Code section 65915 or 65917.2.
3.
Any incentives and concessions that are sought under Government Code section 65915(d). The applicant shall provide reasonable documentation to show that any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
4.
Any waivers and reductions that are sought under Government Code section 65915(e). The applicant shall provide reasonable documentation that the development standard(s) for which the waiver is requested will have the effect of physically precluding the development at the densities or with the concessions or incentives permitted by state density bonus law.
5.
Any requested parking reductions sought under Government Code section 65915(p).
6.
Documentation of how the project will comply with Government Code section 65915(c)(3) pertaining to replacement units.
B.
Fee. Payment of a fee in an amount set by resolution of the city council, pursuant to section 18 of the Cypress Zoning Code.
C.
Concurrent review. Density bonus requests shall be filed concurrently with the other planning permit application(s) required for the development. The density bonus request shall be processed concurrently with the underlying planning permit or entitlement for the project.
(Ord. No. 1197, § 5, 6-27-22)
3.12.050 Density bonus.
A.
Calculation. Density bonuses shall be calculated as set forth in Government Code sections 65915 and 65917.2.
1.
In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
2.
When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.
3.
The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.
B.
Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one income category or additionally as senior housing or housing in-tended to serve transitional foster youth, disabled veterans, or homeless persons, or other category qualifying for a density bonus under the state density bonus law, the applicant shall select the category under which the density bonus is granted.
C.
The applicant may elect to receive a density bonus that is less than the development is entitled to under state density bonus law, including a density bonus of zero. In such cases, the applicant retains their entitlement to incentives, concessions, and parking reductions as provided in state density bonus law.
(Ord. No. 1197, § 5, 6-27-22)
3.12.060 Incentives and concessions.
A.
The applicant may request up to the number of incentives and concessions for which the project is entitled pursuant to Government Code section 65915(d)(2).
B.
The city shall grant requested incentives and concessions unless a specified finding is made as set forth in Government Code section 65915(d)(1). However, the city is not required to deny a proposed incentive or concession solely because it can make a finding under Government Code section 65915(d)(1).
(Ord. No. 1197, § 5, 6-27-22)
3.12.070 Waivers and reductions.
A.
An applicant may submit to the city a proposal for waivers and reductions of development standards that physically prevent construction of a housing development and density bonus units meeting the criteria of Government Code section 65915(b).
B.
The city may deny waivers and reductions for the reasons set forth in Government Code section 65915(e)(1).
(Ord. No. 1197, § 5, 6-27-22)
3.12.080 Affordable housing requirements.
A.
Maximum affordable housing costs. The maximum total housing costs paid by a qualifying household, adjusted for household size appropriate for the unit, shall be pursuant to Health and Safety Code sections 50052.5 and 50053.
B.
Term of affordability. The term of affordability for affordable units shall be at least the period of time required by Government Code section 65915(c).
C.
Sale and resale of owner-occupied units. Sale and resale of owner-occupied units is subject to the requirements of Government Code section 65915(c)(2).
D.
Development standards.
1.
All affordable units shall be reasonably dispersed throughout the housing development.
2.
Affordable units shall be made available for occupancy concurrently with or prior to the market rate units in the development. In the event the city approves a phased project, the affordable units shall be provided proportionately within each phase.
3.
Affordable units shall be comparable with the market rate units in terms of design, construction quality, exterior appearance, exterior finished quality, and size.
4.
The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market rate units of the development, unless otherwise approved by the city.
5.
Comparable amenities. Residents of affordable units shall have equal access to project amenities available to other residents, including, but not limited to, access to recreational, parking, and storage facilities and interior amenities such as microwaves and dishwashers.
6.
Parking. Unless the city's adopted parking standards will result in fewer parking spaces, the applicant may request a reduction in parking standards pursuant to Government Code section 65915(p).
(Ord. No. 1197, § 5, 6-27-22)
3.12.090 Affordable housing agreement and senior housing agreement.
A.
Affordable housing agreement. Applicants that have been conditionally granted a density bonus, incentives and concessions, and/or waivers for the provision of affordable housing shall enter into an affordable housing agreement with the city in a form approved by the city attorney. The affordable housing agreement shall, at a minimum, include the following:
1.
The total number of units and the number of units that will be made affordable;
2.
The size, bedroom count, and location of each affordable unit;
3.
The income levels of the affordable units and an acknowledgement that the city will verify tenant and home buyer incomes to maintain the affordability of the units;
4.
The term of affordability for the units, which shall not be less than the period of time required by Government Code section 65915;
5.
The approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any;
6.
Schedule of development for all units; and
7.
An affirmative fair marketing plan that is approved by the city to ensure advertising of the availability of the affordable units to a wide spectrum of city residents.
B.
Senior housing agreement. Applicants that have been conditionally granted a density bonus, incentives and concessions, and/or waiver for the provision of market rate senior housing shall enter into a senior housing agreement with the city in a form approved by the city attorney. The senior housing agreement shall require the development to operate as a senior citizen housing development pursuant to Government Code section 65915(b)(1)(C). The senior housing agreement shall also include the following:
C.
Recordation. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final map approval or, where a map is not being processed, prior to the issuance of building permits. The affordable housing agreement or senior housing agreement shall bind all future owners and successors in interest for the term of years specified therein.
(Ord. No. 1197, § 5, 6-27-22)
3.12.100 Enforcement and monitoring.
A.
The provisions of this section shall apply to all developers and their agents, successors, and assigns proposing a housing development governed by this section. No building permit or certificate of occupancy shall be issued, nor any entitlement granted, for a project receiving a density bonus, incentive, concession, or waiver until it meets the requirements of this section.
B.
The director shall establish administration regulations which contain guidelines and procedures for the effective implementation of this section. The administrative regulations may include fees for monitoring, reports, transactions, and other administrative activities to the extent allowable by state density bonus law. All fees shall be approved by the city council in an amount set by resolution, pursuant to section 18 of the Cypress Zoning Code.
C.
All affordable units shall be rented or owned in accordance with this section and the administrative guidelines. Any individual who sells or rents an affordable unit in violation of the provisions of this section shall be required to forfeit all monetary amounts so obtained.
D.
The city attorney shall be authorized to enforce the provisions of this section and all affordable housing agreements, senior housing agreements, covenants, resale restrictions, promissory notes, deeds of trust, and other requirements placed on affordable units by civil action and any other proceeding or method permitted by law.
(Ord. No. 1197, § 5, 6-27-22)
3.12.110 Interpretation.
If any portion of this subsection conflicts with state density bonus law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state density bonus law.
(Ord. No. 1197, § 5, 6-27-22)
3.13.010 Purpose.
A.
Provide standards. These landscaping standards are established to provide the method by which landscaped areas shall be required and distributed throughout a development project. The city intends, however, to offer developers discretion and latitude in the design of required landscape and irrigation.
C.
Water conservation. Water conservation measures shall be addressed through the landscape and irrigation design. Sustainable landscapes are encouraged through actions that conserve and recycle the resources invested in landscapes. Applicants are encouraged to take full advantage of the wide range of drought-tolerant landscape material and low-water-flow irrigation systems available within the framework established by this section and section 29, article 1, of the Cypress City Code.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1114, § 1, 12-14-09)
3.13.020 Applicability.
A.
Landscaping and irrigation plans required. Landscape and irrigation plans shall be required for the following development projects and those enumerated in section 29, article 1, of the Cypress City Code:
1.
Multi-family residential development proposals for two or more dwelling units in zoning districts where residential development is allowed;
2.
Development proposals in commercial zoning districts;
3.
Development proposals in industrial zoning districts;
4.
City-initiated projects; and
5.
Projects requiring approval by the design review committee, the planning agency, or the council.
B.
Exceptions. This section 13 shall not apply to new landscape installations or landscape rehabilitation projects less than 500 square feet in area.
D.
Variance from the minimum landscape standards. The director may modify the standards in this section 13 when the director determines that an alternative design will meet the intent of this section. Review and reduction may be accomplished through the review of other discretionary permit applications related to the proposed development project.
E.
Landscaping in excess of minimum. Landscaping may be required in excess of the minimum areas specified if deemed necessary to:
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1114, § 2, 12-14-09; Ord. No. 1154, § 1, 2-8-16)
3.13.030 Definitions.
The rate of water entry into the soil expressed as a depth of water per unit of time (e.g. inches per hour).
The planting and continuous maintenance of some combination of natural vegetation (e.g., trees, shrubs, vines, ground covers, flowers on lawns).
Material (e.g., leaves, bark, straw, compost, manure, or other similar materials) left loose and applied to the soil surface to reduce evaporation.
A combination of plant materials, hardscape features, and irrigation systems which does not conform to site coverage, parking area coverage, percentage distribution, installation, or maintenance requirements of this section.
Water, that is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas.
A device that automatically shuts off an irrigation system when it rains.
Areas of active play or recreation (e.g., sports fields, schoolyards, picnic grounds, etc.) or other areas with intense foot traffic.
Water that is not absorbed by the soil or landscape to which it is applied and that flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a severe slope.
A single-bladed grass or sod.
Includes all of the following:
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1114, § 3, 12-14-09)
3.13.040 Plan requirements.
A.
Landscape plans for new landscape installations equal to or greater than 500 square feet or landscape rehabilitation projects equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review shall comply with section 2.5 of the city's water efficient landscape guidelines.
The zoning ordinance amendment as approved is consistent with the General Plan of the City of Cypress.
B.
Compatibility. Each landscape plan shall be compatible with the shape and topography of the site and the architectural characteristics of the structures(s) on the site. Each landscape plan shall be compatible with the character of adjacent landscaping, provided the quality of the adjacent landscaping meets the minimum standards of this section. However, it is not the intent of this section to require landscape designs to use identical plant materials. Where existing mature landscaping is in good, healthful condition, an effort shall be made to retain and to incorporate the mature landscaping into the overall landscape theme.
C.
Functionality. Each landscape plan shall address the functional aspects of landscaping such as grading, drainage, minimal runoff, erosion prevention, wind barriers, provisions for shade, and reduction of glare. Each landscape plan shall demonstrate a concern for solar access, including exposure and shading of window areas.
D.
Design. Each landscape plan shall illustrate a concern for design elements such as balance, scale, texture, form, and unity.
E.
Plan review. The director shall review landscape design and irrigation plans.
F.
Modification to approved plans. Modifications to an approved landscape or irrigation plan shall be approved by the design review committee before installation of the landscaping or irrigation.
G.
Conformance with approved plans. Neither a final inspection nor an occupancy clearance shall be granted until all of the landscaping and irrigation systems are installed in compliance with approved plans. Landscaping and irrigation systems shall be located, designed, and maintained as specified on the approved plans.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 114, § 4, 12-14-09; Ord. No. 1154, § 3, 2-8-16)
3.13.050 Landscape area requirements.
A.
General. All unpaved areas on a development site shall be planted with an effective combination of trees, shrubs, ground cover, turf, and/or approved decorative landscape materials.
B.
Single-family and duplex residential uses. All setback areas of that are visible from the public right-of-way shall be landscaped prior to occupancy. A minimum of 50% of these setback areas shall be landscaped with live plant materials, except for allowable walks, driveways, and fences. Not more than 50% of a required front yard setback shall consist of hardscape, including walks, driveways, and fences.
C.
Multi-family residential uses (three or more units).
1.
Common open space areas, parkways, and setbacks. Landscaping shall be provided in common open space areas, parkways, and setbacks of multi-family developments.
2.
Off-street parking. Landscaping of required off-street parking areas shall be provided in compliance with subsection 3.13.060 (Landscaping requirements for parking areas).
3.
Turf areas. Turf in multiple-family residential landscapes shall comprise no more than 50% of landscape areas. Additional areas, clearly identified as recreational spaces by equipment, may be allowed above 50%.
D.
Commercial and industrial uses.
1.
Off-street parking. Landscaping of required off-street parking areas shall be provided in compliance with subsection 3.13.060 (Landscaping requirements for parking areas).
2.
Setbacks.
a.
Required front and street side setbacks shall be landscaped and irrigated.
b.
Where perimeter landscaping is required along a street setback area, a three-foot-high wall or berm shall be provided. The director shall have the authority to require a wall or berm of lesser or greater height, depending upon physical site conditions and the nature of adjacent uses.
c.
In the OP20000 (Office Professional), CN-10000 (Commercial Neighborhood), and CG-10000 (Commercial General) zoning districts, landscaping shall be required for side setbacks and front setbacks to a minimum depth of 10 feet.
d.
In the CH-10000 (Commercial Heavy) zoning district, required front and street setbacks shall be landscaped to their full depth. However, portions of the required front setback may be used for outdoor display areas, subject to approval by city staff through the design review process in compliance with subsection 4.19.060 (Design review).
e.
When an industrial zoning district abuts or located across the street from a parcel in a residential zoning district, the 25 feet nearest the street or zoning district boundary line shall be landscaped. The remaining 75 feet of the required 100 foot setback may be used for off-street parking as provided in section 14 (Off-street parking and loading).
3.
Turf areas. Turf shall comprise no more than 50% of landscape areas. Additional areas, clearly identified as recreational spaces by equipment or utilized for product demonstrations, may be allowed above the 50% area.
4.
Loading facilities. Landscaping shall not impair maneuvering at loading facilities.
E.
Artificial turf. Artificial turf, up to 100% of the required landscaped area in the front yard of residential zones will be allowed. A permit is required from the Cypress community development department prior to the installation of any artificial turf. The director shall develop and update from time to time artificial turf standards and criteria as needed.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1143, § 1, 4-14-14)
3.13.060 Landscaping requirements for parking areas.
A.
Amount of landscape area to be provided.
1.
Areas required to be landscaped within off-street surface parking areas shall include required buffer zones between parking areas and rights-of-way, between parking areas and buildings, between parking areas and drive aisles, and within medians between parking aisles.
2.
In addition to landscaping required in building setback areas, each off-street surface parking area shall provide landscape coverage equivalent to 20 square feet of landscaping for each parking space.
3.
Wherever off-street surface parking abuts a public right-of-way, a minimum five-foot-wide landscaped buffer zone shall be provided.
4.
Wherever off-street parking abuts a building or structure, a minimum five foot-wide landscaped buffer zone shall be provided. The buffer zone may contain limited areas devoted to paved walkways and required handicapped access ramps and pathways but shall be predominantly landscaped.
5.
Unused space resulting from the design of parking areas shall be landscaped.
B.
Parking area landscape standards.
1.
Trees for off-street parking areas.
a.
Each landscaped median or buffer strip shall contain at least one tree for every four parking spaces along a single-loaded parking aisle and at least one tree for every eight parking spaces along a double-loaded parking aisle.
 Figure 3-8 Trees in Landscaped Medians of Parking Lots |
b.
At least one tree shall be provided in a planter area at the end of each parking aisle.
c.
A minimum of one tree shall be provided for every 200 square feet of the total landscaped area, as defined in subsection 3.13.030 (Definitions). The trees required, in subparagraph (a), above for the interior of parking areas may count toward the total number of trees required on a development site.
d.
The required number of trees shall be distributed throughout the site, meaning both within planted areas in parking lots, within parking setback areas, within building setback areas, and within any other landscaped area provided on a lot.
e.
A minimum of 20% of the required number of trees shall be twenty-four-inch box size or larger.
f.
Trees shall be staked or guyed in compliance with city standards.
2.
Shrubs for off-street parking areas. Planting areas shall be planted with one shrub or vine for every 25 square feet of total landscape area. Fifty percent of the shrubs and/or vines shall be of five-gallon size or larger. The required shrubs and/or vines shall be evenly distributed throughout the site.
3.
Turf for off-street parking areas. Turf incorporated into the landscape design shall not constitute more than 50% of the total landscaped area. The department may approve greater turf coverage, provided the turf serves a usable and beneficial purpose (e.g. recreation areas or temporary outdoor display area), or provided the percentage of turf area is provided in an approved specific plan. Turf shall be of a drought-tolerant variety. Turf shall not be used in parking area planting medians or islands.
4.
Ground cover for off-street parking areas. Areas not covered by trees, shrubs, vines, or turf shall be planted with ground cover. No more than 30% of the ground cover may be materials other than plant materials (e.g., decomposed granite, masonry, pavers, etc.) acceptable to the department. The use of artificial plants is prohibited.
5.
Development and design standards for off-street parking areas.
a.
Planting areas directly abutting the parking area shall be enclosed by a raised, continuous curb of Portland cement concrete, or other material acceptable to the building official. The curb shall be at least six inches high and six inches wide. The finished grade within the planter shall be at least two inches below the top of the curb.
b.
Where vehicles are allowed to overhang landscaped areas, landscaped areas shall be a minimum of six feet in width, and the vehicle overhang shall not exceed two feet. Trees in these areas shall be aligned with the parking stripe or otherwise located to avoid tree damage by parked vehicles.
c.
Planting areas shall be provided with a permanent and adequate means of irrigation, designed, and maintained in compliance with the applicable requirements of subsection 3.13.070I. (Irrigation requirements), below.
6.
Authority to require additional landscaping. The director shall have the authority to require additional landscaping in excess of the minimum standards provided in this paragraph E., provided the additional landscaping is deemed necessary to:
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.13.070 Landscape standards.
A.
Plant materials generally.
1.
Landscaping shall consist predominantly of plant material, except for necessary walks and drives.
2.
To the greatest extent possible, landscape material shall consist of drought-tolerant plants.
3.
Plant material selected shall be suitable for the given soil and climate conditions. Plant selection shall take into consideration water conservation through appropriate use and groupings of plants that are well adapted to particular sites and to particular watering needs, climatic, geological, and topographical conditions.
4.
Plants shall be free of insects, disease, mechanical injuries, and other objectionable features at the time of planting.
5.
Landscaping shall be used to relieve solid, unbroken building elevations and to soften wall expanses.
6.
For qualifying landscape projects, the plant standards contained in the following sections B. through E. shall comply with the water efficient landscape design guidelines provided in chapter 29, article I, of the Cypress City Code.
B.
Street trees.
1.
Street trees, with irrigation, shall be required on city streets. Each tree shall be of a minimum twenty-four-inch box size or as otherwise approved. Trees shall be staked or guyed per city standards.
2.
Street trees shall have comparatively straight trunks, well-developed leaders, and tops and root characteristics of the species or variety.
3.
The number of required street trees shall be determined by dividing the frontage of the property in feet, including driveways, by 40. In determining the number of trees required, fractional numbers shall be rounded up to the next whole number. The number of street trees shall be provided in addition to the trees required by subsection 3.13.060 B.1. (Trees for off-street parking areas), above.
4.
Street trees shall be planted evenly spaced.
5.
A minimum distance of 50 feet shall be provided between street trees and street corner curb lines.
6.
A vertical clearance of 10 to 15 feet shall be provided between street trees and fire hydrants, meter boxes, and utility vaults. Where possible, a thirty-foot vertical clearance between street trees and streetlights shall be provided.
7.
Street trees shall be maintained to comply with subparagraph 2. above one year following their planting.
8.
Trees with known surface root problems shall not be used in vehicular use areas, paved pedestrian walkways, and structures with poured concrete slabs.
9.
Street trees shall be maintained so that, at mature size, scaffold branches are a minimum of 60 inches above the finished grade, as measured at the trunk.
10.
For development projects within an approved specific plan area, the type of street trees provided shall be compatible with the landscaping requirements of that specific plan.
11.
Trees located within 10 feet of a public right-of-way shall have approved root barriers.
C.
Existing trees.
1.
Preservation of existing trees. Existing trees are to be preserved if possible. Existing trees with a caliper of two inches or greater, measured 12 inches from existing grade, shall be identified on planting plans and removed only with permission from the City. Designated "landmark trees" shall be protected as provided for in Sections 17-17 through 17-27 (Landmark Trees) of the Municipal Code.
2.
Protection of existing trees during construction. Existing trees to be preserved shall be protected during construction operations by the use of fencing or barricades that shall encompass everything inside the outer edge of the dripline of the tree. The barricade should be easily seen by operators of trucks and heavy equipment.
3.
Limitations on trenching. Trenching of tree roots shall not be performed within 20 feet of the trunk without the approval of the City.
4.
Required replacement size. An existing mature tree, as defined by subparagraph 1 above, that is to be removed shall be replaced with a tree of 36-inch box size or larger as required by the Director.
D.
Ground cover.
1.
Required percent coverage. Herbaceous ground cover shall be planted with a spacing that will typically ensure 100% coverage within a one-year period of installation.
2.
Mulch. Areas between woody ground cover shall have a two-inch thick cover of mulch or herbaceous ground cover.
3.
Limitations on area of nonliving ground coverage. Areas of nonliving ground cover, without shrubs, shall not be more than 30% of the total landscaped area.
E.
F.
Lighting. Landscape accent lighting, if used, shall not be glaring and shall not impair the vision of motorists or pedestrians. Light should be used to illuminate pathways and changes in elevation when they occur.
G.
Walls, screening, and buffering.
1.
Types of uses to be screened. Landscaping may be required to screen storage areas, trash enclosures, parking areas, public utilities, highways, and other similar land uses or elements that do not contribute to the enhancement of the surrounding area. Where plants are required for screening, the screening shall consist of the use of evergreen shrubs (minimum five gallons), and/or trees closely spaced to encourage growth in a continuous screen.
2.
Screening of freestanding walls. The city may require freestanding walls to be screened with plants that provide coverage to the height of the wall.
H.
Mounding and grading [berming]. Mounding and berming are encouraged. Mounds and berms, used in combination with shrubs and trees, should be used to buffer parking areas and to help break up long expanses of wall and structures.
I.
Irrigation requirements. Landscape projects which qualify under the requirements of the city's water efficiency landscape ordinance shall comply with the provisions of chapter 29, article I, of the Cypress City Code. All other landscape projects shall comply with the following irrigation requirements:
1.
Sites and zones requiring irrigation. Required landscaped areas shall be provided with an approved irrigation system. Landscaped areas shall be provided with an automatically timed-controlled sprinkler system when the site is zoned commercial or industrial, or when the site is zoned multiple-family residential and more than three dwelling units are proposed.
2.
Elements of irrigation systems. Irrigation systems shall consist of underground piped water lines with low-water-flow sprinklers and/or a drip or trickle irrigation system. The system chosen shall be designed to provide adequate coverage to existing and proposed plant material. Water meter and line sizes shall be calculated from total water demand that should be, at least, the sum of the maximum irrigation demand and all building demand.
3.
Separate valves and heads. Due to varying irrigation requirements, separate control valves and sprinkler/emitter heads shall be used when shrubs and turf are proposed on the same landscape plan.
4.
Check valves. The irrigation system shall be equipped with check valves to prevent low-head drainage.
5.
Minimize overspray. The irrigation system shall be designed so that overspray and runoff onto streets, sidewalks, structures, windows, walls, and fences are minimized.
6.
Timer. Landscaped areas shall be provided with at least one automatically controlled timer. The timer shall have, at a minimum, a battery-backup feature, a rain shut-off feature, a fourteen-day calendar, and multiple programming for each station.
7.
Allowable time periods for watering. Landscaped areas should be watered between 10:00 p.m. and 6:00 a.m. to provide maximum benefit to the plant material and to reduce unnecessary water loss through drift and evaporation.
8.
Reclaimed water. Irrigation systems for projects one acre or more in area shall use reclaimed water whenever reclaimed water is available to the site. Reclaimed water systems shall be subject to appropriate health standards. This includes proper identification of all nonpotable lines and risers. Backflow prevention devices are required on nonpotable irrigation systems if automatic feed devices are used.
9.
Recirculating water. Recirculating water shall be used for any decorative water features.
10.
Use of same valve for plants with similar water needs. To conserve water resources, the same valve shall irrigate plant material with similar water needs.
J.
Landscape maintenance.
1.
Appropriate water conservation and maintenance practices. Landscaping shall be maintained in a healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and application of appropriate quantities of water to all landscaped areas. In addition, landscape maintenance practices that foster long-term landscape water conservation shall be employed. The practices may include:
a.
Performing routine irrigation system repairs and adjustments;
b.
Scheduling irrigation based on CIMIS (California Irrigation Management Information Systems);
c.
Utilization of moisture sensing or rain shut-off devices;
d.
Conducting water audits; and
e.
Prescribing the amount of water applied per landscape acre.
2.
Installation required before occupancy. Required landscaping and irrigation shall be in place before use or occupancy of new structures.
K.
Nonconforming landscaping. Landscaping that is made nonconforming by the provisions of this zoning ordinance or a previous ordinance shall not be required to be improved unless new improvements are proposed for the existing property and the value of the proposed improvements is equal to or greater than 50% of the total assessed value of existing property improvements, as determined by the building official.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1114, §§ 5, 6, 12-14-09)
3.14.010 Purpose.
The purpose of this subsection is to establish regulations to ensure that adequate off-street parking facilities, loading areas, and vehicle movement areas are provided for all land uses. The intent of these regulations is to ensure that the use of land does not interfere adversely with the use of and circulation on public rights-of-way, that private on-site circulation does not pose a potential safety problem, and that surrounding uses are insulated from the impacts of off-street parking and loading facilities.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.14.020 Applicability.
The minimum standards of this section shall apply to new structures or uses, proposed additions to or enlargements of existing structures or uses, and proposed changes in building occupancy or building use that would require the provision of additional parking spaces.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.14.030 General parking regulations.
A.
Change in occupancy or use. For proposed changes in building occupancy or building use that requires the provision of additional parking spaces, the additional parking shall be required only for the new use. An existing structure or use shall not be required to conform to the specifications of this section.
B.
Nonconforming status. If off-street parking facilities for an existing use do not conform to the minimum requirements of this section, the use shall not be considered a nonconforming use in compliance with section 25 (Nonconforming Uses and Structures) of this ordinance.
C.
Shared parking. Off-street parking facilities for a specific structure or use shall not be applied towards the minimum parking requirements for other structures or uses. Shared parking facilities are allowed provided they meet the minimum standards for each structure or use for which they provide parking, or provided they meet the requirements of subsection 3.14.070 (Shared parking). Exceptions may be made if the planning agency determines a facility providing combined parking requirements is consistent with the intent and purpose of this section.
D.
Maintenance. Required parking spaces and areas shall be maintained for the duration of the use requiring parking spaces and areas.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.14.040 Disabled/handicapped parking requirements.
A.
Accessible parking spaces required in parking lots and garages. When parking lots or garage facilities are provided in compliance with this section, accessible parking spaces for the disabled/handicapped shall be provided in compliance with state requirements and the city's building code. Accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances.
B.
Design of accessible parking spaces. When accessible parking spaces are required by this section, they shall be designed and constructed in compliance with the city's building code.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.14.050 Development standards for parking.
A.
Location of parking facilities.
1.
Residential uses. Parking facilities serving residential uses shall be located on the same property as the use the parking is intended to serve.
2.
All other uses. Parking facilities for all other uses shall be located on the same property as the use the parking is intended to serve, with the following exceptions:
a.
In the BP-20000 (Business Park) zoning district, parking facilities may be located within 300 feet of the use the parking is intended to serve. For uses requiring a conditional use permit, parking facilities may be located within 600 feet of the use the parking is intended to serve.
b.
A parking facility not located on the same site as the use the parking is intended to serve shall be subject to an "affidavit of nonseverance," to be approved by the city attorney and the director. This affidavit shall be recorded with the Orange County Recorder's Office and shall continue to be valid upon change of ownership of the property or a lawfully existing structure on the property.
B.
Parking facility layout and dimensions. Parking facilities shall be designed to conform to the following minimum standards:
1.
Parking space dimensions.
a.
The minimum size of a standard parking space shall be nine feet wide and 18 feet long (9' x 18'), with a maximum overhang of two feet over landscaped areas, if the landscaped areas are at least six feet wide and deep, and with no overhang over sidewalks and walkways.
b.
The minimum size of a standard parallel parking stall shall be eight feet wide and 24 feet long (8' x 24').
c.
The minimum size of a standard accessible parking space shall be as specified in subsection 3.14.040 (Disabled/handicapped parking requirements).
d.
The minimum size of a compact parking space shall be eight feet wide and 16 feet long (8' x 16').
e.
In residential zoning districts, parking spaces in required garages shall have the dimensions specified in table 2-3, (Residential Zoning District Development Standards—Minimum interior garage dimensions).
2.
Compact parking.
a.
Multi-family residential uses. The total number of compact parking spaces provided shall not exceed 20% of the total number of required spaces.
b.
In the Cypress Business Park Specific Plan area, no more than 40% of the required parking spaces in retail commercial areas and no more than 30% of the required business park areas, shall be designed for compact cars.
c.
All other uses. Compact parking spaces shall not be allowed.
3.
Tandem parking. Tandem parking may be permitted to satisfy the off-street parking requirement for multi-family residential units in accordance with the following:
a.
No more than two vehicles shall be placed one behind the other.
b.
Both spaces shall be assigned to a single dwelling unit.
c.
The tandem parking bay shall be a minimum size of 10 feet wide by 40 feet long (10' x 40').
d.
Tandem parking shall be located within an enclosed structure.
e.
The number of tandem parking spaces shall not exceed 20% of the total number of spaces.
f.
Tandem parking shall not be used to satisfy the parking requirement for guest parking.
4.
Parking lot dimensions. Parking aisles, driveways, and other parking lot facilities shall have the minimum dimensions indicated in Figure 3-9 (Parking Lot Dimensions).
5.
Height and width of aisles. Aisles located in commercial and industrial zoning districts shall have a minimum clearance of 15 feet and a minimum width of 24 feet.
6.
Nonrequired off-street parking facilities. Where off-street parking facilities are provided but not required by this section, the facilities shall still comply with the dimension standards contained in this paragraph B and with all other parking lot development standards.
 Figure 3-9 Parking Lot Dimensions |
C.
Required improvements. Off-street parking areas shall have the following improvements:
1.
Two inches of paving over a four-inch aggregate base, as specified by the building official.
2.
Internal spacing, circulation, and dimensions as indicated in figure 3-9 (Parking Lot Dimensions) on the parking area figures.
3.
Bumpers, wheel stops, stall markings, and other vehicular control as specified by the building official. Planting aisles may be used instead of bumpers or wheel stops.
4.
Lighting as specified by the building official and police department, with special attention to directing light and glare away from adjacent properties. The level of parking lot light shall not exceed one footcandle at a site's property lines.
5.
Grading as specified by the building official and drainage as specified by the city engineer.
6.
Parking space delineation consisting of double-line striping 12 inches in width.
7.
Curbs shall be installed a minimum of five feet from a wall, fence, building, or other structure. The minimum standard curb radius shall be six feet at all aisle corners. This requirement does not apply to driveways that are not part of the maneuvering area for parking. A curb shall be installed a minimum of three feet from the edge of driveways that are parallel to block walls or fences. An exception to the three-foot driveway buffer width may be granted for redevelopment of existing parcels located in the RM-15 residential multiple-family zone or the RM-20 residential multiple-family zone, if all of the following criteria are met:
a.
The existing lot width is less than 55 feet.
b.
The driveway width is constrained by the existing dwelling structure.
c.
The three-foot driveway buffer would result in a substandard driveway width and/or garage maneuvering area.
d.
The new development would not result in more than two dwelling units on the lot.
e.
Combining with an adjacent property to meet the standard lot width in the applicable zone is not feasible.
8.
At an access drive, the minimum distance from the property line to the first parking space shall be 20 feet.
D.
Landscaping requirements. Landscaping of off-street parking areas shall be provided as outlined in subsection 3.13.060B. (Landscape area requirements-Parking area landscaping requirements).
3.14.060 Restriction on use of parking facilities.
A.
Sale or display of goods, services, and vehicles prohibited. Required parking spaces and areas shall not be used for the sale or display of goods and services, nor for the sale, display, or repair of motor vehicles.
3.14.070 Shared parking.
Shared parking facilities may be allowed provided they meet the requirements of this section and they meet the minimum standards for each use or structure for which they provide parking unless a parking reduction is approved subject to the requirements of subsection C.
A.
Religious institutions. A religious institution (unless located in a residential zoning district) that does not have sufficient off-street parking spaces on site may obtain a reciprocal easement or enter into an agreement with an adjacent landowner to share parking. A shared parking plan, which includes an alternate plan for the religious institution should the shared parking agreement be canceled, shall be approved by the department. If the shared parking agreement is canceled, the religious institution shall provide a minimum of 90 days' notice to the department, at which time the alternate plan shall be implemented. An alternate plan may include a provision for shuttle service.
B.
Commercial and industrial developments.
1.
The uses sharing the parking facilities shall be located on contiguous parcels.
2.
A legal agreement shall be signed by parties sharing parking facilities. The agreement shall be approved by the city attorney and director, shall be recorded with the Orange County Recorder's Office, and shall continue to be valid upon change of ownership of a property subject to the agreement or a lawfully existing structure on the properties.
3.
Shared parking arrangements shall be authorized by a discretionary permit issued for the use for which the parking is provided.
C.
Mixed-use developments. A reduction in the total number of parking spaces required may be granted for developments containing multiple uses, including multi-family residential uses, subject to the requirements of this subsection.
1.
Shared parking demand study. A shared parking demand study shall be submitted in conjunction with any request for a reduction in parking, subject to the following requirements:
a.
The shared parking demand study shall be prepared utilizing methodology established by the Urban Land Institute or Institute of Transportation Engineers, unless an alternate methodology is approved in writing by the director.
b.
The shared parking demand study shall analyze the characteristics of the proposed uses to determine whether varied peak parking requirements justify a reduction in parking.
2.
Parking reduction review procedure. The council shall review the request for parking reduction in conjunction with the other discretionary action(s) for the mixed-use development.
3.
Findings. In approving a parking reduction for a mixed-use development, the approving authority shall find:
a.
The shared parking demand study presents clear and convincing evidence that the parking demand will be less than the cumulative requirement for all uses within the development.
b.
The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.
4.
In approving a parking reduction, the council or director may impose conditions of approval, including:
a.
A requirement for a written agreement between the property owner and the city, in a form satisfactory to the city attorney, that guarantees that there will be no substantial alteration in the uses that will create a higher demand for parking.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. 1206, 11/13/2023)
3.14.080 Parking in front setbacks of residential parcels.
A.
Prohibited parking surfaces. Parking on unpaved surfaces, concrete tiles, concrete blocks, glasscrete blocks, or similar surfaces shall be prohibited.
B.
Direct-access garages and carports.
1.
Vehicles parked in the front setback area of a residential parcel having a direct access garage or carport (where the point of entry to the garage or carport is parallel, or generally parallel to the public right-of-way) shall be placed on a fully paved surface in the area between the garage/carport entrance and the public right-of-way. For parking purposes, the width of this driveway shall be determined to be the same as the width of the garage/carport.
2.
Vehicles may also be parked on an ancillary fully paved parking area adjacent to, and between the driveway and the closest adjacent property line. The ancillary parking area shall not exceed 10 feet in width as measured from the garage/carport and the closest adjacent property line. Parking in front setback areas with direct access garages and carports shall be governed by Figure 3-10 (Parking Areas Allowed with Direct Access Garages and Carports).
 Figure 3-10 Parking Areas Allowed with Direct Access Garages and Carports |
C.
Indirect access garages and carports.
1.
Vehicles parked in the front setback area of a residential parcel having an indirect access garage/carport (where the point of entry to the garage or carport is perpendicular, or generally perpendicular to the public right-of-way) shall be placed on a fully paved surface between the garage/carport entrance and the property line parallel to garage/carport entrance.
2.
Vehicles may be parked adjacent to the property line in an area extending from a prolongation of the rearmost wall of the garage/carport, to a point 10 feet past a prolongation of the front facade of the garage/carport. No vehicles shall be parked in the area between the front garage/carport facade parallel to the public right-of-way and the right-of-way itself. Parking in front setback areas with indirect access garages and carports shall be governed by figure 3-11 (Parking Areas Allowed with Indirect Access and Carports).
 Figure 3-11 Parking Areas Allowed with Indirect Access and Carports |
D.
Violations. Violations of any provisions in this subsection shall be subject to the enforcement and penalty provisions of section 30 (Enforcement Provisions) of this zoning ordinance and the enforcement and penalty provisions of the Municipal Code.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.14.090 Commercial vehicle parking and operation.
A.
Allowed parking hours. Commercial vehicles associated with an allowed use or business may be parked on the business site between the hours of 7:00 a.m. and 10:00 p.m. weekdays and Saturdays, and between the hours of 7:00 a.m. and 8:00 p.m. on Sundays and federal holidays. Those sites for which a conditional use permit has been granted authorizing parking use beyond these specified hours are exempted from this regulation.
B.
Compliance with city noise control provisions. Commercial vehicles shall not be operated, parked, stored, or otherwise used in a residential zoning district in violation of section 13-68 et seq. (Noise control-Exterior noise standards) of the Municipal Code.
C.
Vacant residential lots. Parking and storage of commercial vehicles is prohibited on vacant residential lots.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.14.100 Loading requirements.
The location, number, and size of loading spaces required shall be specified by city staff through the review of project applications.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.010 Purpose.
The city recognizes that signs serve many important functions in the community, including identifying and advertising businesses; providing direction to motorists and pedestrians; identifying special events and sales; and promoting political campaigns. The location, height, size, and illumination of these signs, however, shall be regulated in order to maintain the attractiveness and orderliness of the city's appearance; to protect business sites from loss of prominence resulting from excessive signs on nearby sites, and to protect the public safety and general welfare.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.020 Applicability.
A.
The sign standards provided in this section shall apply to signs in each zoning district in the city. Only signs authorized by this section shall be allowed in the zoning districts, unless otherwise expressly provided in this section.
B.
If a new zoning district is created after the enactment of this section, this Section shall be amended concurrently to regulate signs in the new zoning district.
C.
The sign standards shall apply to the private use of both private property and public property, including public rights-of-way.
D.
Regulations governing the front windows of commercial businesses are in subsection 3.11.080 (Front windows of commercial businesses).
E.
This section shall not be construed or applied in a fashion as would give preference or a greater degree of protection to a sign conveying a commercial message than is given to a sign similarly situated and conveying a noncommercial message. Any ambiguity shall be resolved in favor of allowing a noncommercial sign the same benefits, exemptions, and other protections as may be given to a commercial sign similarly situated.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.030 Exempt signs.
The following signs shall be exempt from the provisions of this Section:
A.
Official notices authorized by a court, public body, or public officer.
B.
Directional, warning, or informational signs authorized by federal, state, or municipal authority.
C.
Memorial plaques and building cornerstones when cut or carved into a masonry surface, or when made of incombustible material and made an integral part of the structure.
D.
Commemorative symbols, plaques, or historical tablets.
E.
Flags, emblems, insignias, and posters of any nation, state, international organization, political subdivision, or other governmental agency; unlighted nonverbal religious symbols attached to a place of religious worship; and, temporary displays of a patriotic, religious, charitable, or civic character that are 35 feet in height or less.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.040 Definitions.
A free floating sign, balloon of a dimension greater than 24 inches in diameter, kite, inflatable object, or similar device or display with or without a commercial or noncommercial message that is not directly affixed to or in direct contact with a structure or property and which is intended to be visible to the public and used to announce, direct attention to, or advertise. Balloons, which are 24 inches or less in diameter, and flags, as described in subsection 3.15.030 (Exempt signs), shall not be considered aerial signs. Free floating, for purposes of this section, shall mean that, although tethered, the device shall appear to float or hover above the ground, structure, or other surface or object a vertical distance of at least three feet above the highest point of the ground, structure, or other surface.
A sign that uses movement, other than rotations or revolutions, or change of lighting, to depict action or create a special effect or scene.
The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed as provided for in subsection 3.15.060B. (Calculation of sign area and height).
A sign of lightweight fabric or similar material. National, state, or municipal flags, or the official flag of an institution, shall not be considered banners.
A sign located on private property, designed for use with changing advertising copy, and which normally is used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located.
An incidental sign containing no commercial message that is provided for the sole purpose of identifying the tenants of a building or the name of a building.
A sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service areas. A marquee is not a canopy.
A sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign, and not a changeable copy sign.
Any sign wording, logos, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial activity. Where a decorative wall mural contains wording, logos, or other representation of a business, product, service, or other commercial activity provided within the same structure on which the mural is painted, the wording, logos, or other representation shall be considered a commercial message.
See "Projecting sign."
A sign that is intermittently on and off or that revolves in a manner to create the illusion of being on and off, except time and temperature signs.
A sign supported by structures or supports that are placed on or anchored into the ground and that are independent from a building or other structure. Also called a "pole sign."
A sign, generally informational, that has a purpose secondary to the use of the same parcel on which it is located, such as "no parking," "entrance," "loading only," and other similar directives. A sign with a commercial message legible from a position off the parcel on which the sign is located shall not be considered incidental.
A device or object constructed of vinyl, fabric, rubber, plastic, or other airtight material of a dimension greater than 24 inches in diameter, which relies for its shape and support on inflation by a compressed gas, air blower or fan ducting air into it and which is intended to be visible to the public and used to announce, direct attention to, or advertise.
A sign that is either a part of or attached flat against a structure and receiving its immediate and sole support from a structural element of the structure. A sign that is integral with a structure shall not exceed the height of the structure. A sign may be considered integral with a structure if it is part of or attached flat to a canopy, arcade, marquee, or other similar projection from the structure, provided the sign does not exceed the height of the canopy, arcade, marquee, or similar projection.
A sign that is characterized by changeable copy, whether the sign is freestanding or a wall sign, or whether the sign projects from and is supported by a structure.
A sign placed directly on the ground, with no freestanding supports. A monument sign is freestanding, attached to the ground, and is independent of the support of any building.
A large-scale painting either painted directly on or attached to the wall of a structure so that it is an integral part of the wall.
A sign, or display of any character, that does not conform to the sign standards for subject matter, location, size, lighting, or movement prescribed for the zoning district in which it is located.
A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind and attract the atten-tion of passers-by.
See "Freestanding sign."
A sign indicating the name and/or picture of an individual seeking election or appointment to a public office, or relating to a proposition or change of law in a public election or referendum, or pertaining to the advocating of political views or policies by persons, groups, or parties.
A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, inflatable signs, umbrellas used for advertising, and signs attached to or painted on vehicle(s) parked and visible from the public right-of-way, unless the vehicle(s) is/are used in the normal day-to-day operations of the business.
A sign, other than a wall sign, that is attached to and projects from the wall or face of a structure, or is attached to and hangs from a building eave.
A temporary sign advertising real property for sale, rent, or lease, but excluding pennants, flags, and banners.
A sign erected and constructed wholly on and over the roof of a structure, supported by the roof structure, and extending vertically above the highest portion of the roof.
A sign, all or a portion of which moves in some manner, excepting time and temperature signs.
A writing (including letter, word, or numeral), pictorial presentation (including illustration or deco-ration), emblem (including device, symbol or trademark), flag (including banner or pennant) or any other device, figure, or similar character that is:
A structure or any part of a structure or is attached to, painted on, or in any other manner represented on a building, or other structure or device, or is in any way attached to a building or other structure or device;
Used to announce, direct attention to, or advertise; and
Visible from outside the building or structure.
A temporary real estate sign advertising the initial sale, lease, or other disposition of more than one unit or parcel of real property in any single contiguous grouping of units or parcels of real property, including apartment or group housing complexes of 30 units or more.
Signage constructed of paper, cloth, canvas, or other similar lightweight material, with or without frames, used solely for the purpose of advertising or conveying a message related to an event with a beginning and ending date, including elections, political campaigns, dances, civic or charitable events, theatrical and circus performances, or special sales by retail stores. This definition shall only apply to a sign that is used temporarily and is not permanently mounted.
A sign fastened to or painted on the wall of a structure so that the wall becomes the supporting structure for or forms the background surface of the sign. The sign may not project more than 14 inches beyond the vertical wall surface or it shall be considered a projecting sign.
A sign, picture, symbol, or combination of sign, picture, or symbol, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
 Figure 3-12 Sign Types |
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.050 Sign permit procedures.
A.
Design review for signs—When required. The following types or conditions of signs shall be subject to design review in compliance with the provisions of subsection 4.19.060 (Design review):
1.
New sign programs for commercial and industrial centers/complexes or substantive modifications for those programs previously approved by the staff review committee and confirmed by the council. The director shall make the determination of what constitutes a substantive modification. Subsequent sign proposals within the center/complex consistent with the approved sign program shall be subject only to review and approval by the building official and the director.
2.
All other signs consistent with the provisions of this section shall be subject only to review and approval by the building official and the director or designee.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.060 General provisions for all signs.
A.
Sign construction and maintenance.
1.
Signs shall be structurally safe, consist of rust-inhibitive material, and shall be maintained in good condition, as determined by the director.
2.
The landowner shall be required to remove any sign or signs on the premises where the use advertised by the sign(s) has been discontinued for a period of over 90 days.
3.
Signs, including supports, braces, guys, and anchors, shall be kept in repair and in a safe state of preservation.
4.
The display surfaces of signs shall be kept neatly painted or posted at all times.
5.
Landscape areas surrounding signs shall be kept weed-free and in a healthy condition.
6.
The director may order the removal of any sign that is not maintained in compliance with the provisions of the city's building code.
7.
For the purposes of public safety, the name of the site's business/activity/use shall contain the name of the business indicated in the English language or Latin alphabet on at least one location on the site. The sign shall comply with requirements found elsewhere in this section and shall be clearly visible from the public right-of-way closest to and/or the main parking area serving the site.
B.
Calculation of sign area and height. The following standards shall be used to determine sign area and sign height. Figure 3-13 (Calculation of Sign Area) indicates how calculation shall be made.
 Figure 3-13 Calculation of Sign Area |
1.
Area of single-faced sign.
a.
For signs having a distinct border or boundary, the sign area shall be calculated by multi-plying the length times the width of the entire surface contained within the border, boundary, sign board, or sign face.
b.
For signs with no distinct border or boundary, the sign area shall be calculated by computing the area of a simple rectilinear figure consisting of not more than eight perpendicular lines that contain all of the writing, representations, emblems, logos, or other display elements of the sign.
2.
Area of a double-faced sign. For signs with two identical faces, arranged back to back in parallel planes, and where the sign faces are separated by no more than 36 inches, the sign area shall be calculated for one side only.
3.
Area of a multi-faced sign. For a sign with more than one face, where the sign does not meet the standards for a double-faced sign described in subparagraph 2. above, the area shall be calculated by adding together the area of all sign faces visible from any one point.
4.
Measurement of sign height. The height of a sign shall be determined by measuring the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either: (1) the existing grade before sign construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
 Figure 3-14 Measurement of Sign Height |
C.
Allowed signs by zoning district table. Table 3-7 (Allowed Signs by Zoning District) provides the regulations applicable to signs in all zoning districts.
TABLE 3-7 ALLOWED SIGNS BY ZONING DISTRICT | |||
|---|---|---|---|
Use | Type of Sign and Number Allowed | Size Restrictions | Other Regulations |
Residential Zoning Districts | |||
1. Single-family residential | 1 unlighted name plate per unit | Maximum area of 1 square foot | Name plates may not be combined for 2 or more units |
2. Multi-family dwelling, apartment development, etc. | 1 unlighted identification sign per development | Maximum area of 15 square feet Freestanding signs: maximum height of 6 feet | |
3. Agricultural use | 1 unlighted sign pertaining to the products raised on the premises | Maximum area of 6 square feet Maximum height of 6 feet | |
4. Public or semi-public uses in residential zoning districts | 1 lighted or unlighted sign to identify use | Maximum area of 15 square feet Maximum height of 6 feet | |
Commercial Zoning Districts | |||
1. OP (Office Professional) zoning district: Office uses | 1 nameplate indicating the name and business or profession of occupant | Maximum area of 2 square feet | Nameplates may be combined for 2 or more offices in same structure in the form of a directory |
1 directory sign | Maximum area of 75 square feet Freestanding directories: maximum area of 75 square feet, maximum height of 8 feet | Subject to Design Review (4.19.060) | |
1 single-faced, lighted, wall or canopy sign indicating the name of the structure | Maximum area of 30 square feet | Allowed for structures containing 4 or more tenants. Subject to Design Review (4.19.060). | |
2. CN-10000 (Commercial Neighborhood) zoning district: Commercial uses (except service stations) | 1 freestanding, lighted sign indicating the name of the shopping center | Maximum area of 75 square feet, and maximum height of 10 feet | Maximum 2 signs per use Subject to Design Review (4.19.060). All signs subject to Design Review (4.19.060) |
1 single-faced, lighted, wall or canopy sign on each building frontage or each tenant space | Maximum area of 1 square foot for each lineal [linear] foot of property frontage, to a maximum area of 75 square feet per sign | ||
3. CG (Commercial General) zoning district: Commercial uses (except service stations) | 1 freestanding, lighted identification sign | Maximum area of 75 square feet for each street frontage, and a maximum height of 15 feet. For every lineal [linear] foot of property frontage in excess of 75 feet, an additional 1 square foot of sign area, up to a maximum area of 125 square feet | Maximum 1 sign per parcel All signs subject to Design Review (4.19.060) |
1 single-faced, lighted, wall or canopy sign on each building frontage or each tenant space | Maximum area of 1 square foot for each lineal [linear] foot of property frontage, to a maximum area of 100 square feet | Maximum 2 signs per use All signs subject to Design Review (4.19.060) | |
1 single-faced lighted wall sign per building elevation for each single-tenant freestanding building structure | Front sign: Maximum area of 1 square foot for each linear foot of a structure's front elevation Side and rear signs: maximum area of 1 square foot for every 2 linear feet of the side or rear building elevation | Maximum of 3 signs per building All signs subject to Design Review (4.19.060) | |
4. CH (Commercial Heavy) zoning district: Commercial uses (except service stations) | 1 freestanding, lighted identification sign | Maximum area of 75 square feet for each street frontage, and a maximum height of 10 feet For every lineal [linear] foot of property frontage in excess of 75 feet, an additional 1 square foot of sign area, up to a maximum area of 125 square feet | Maximum 1 sign per parcel |
1 single-faced, lighted, wall or canopy sign on each side of the front of a structure. | Maximum area of 1 square foot for each lineal [linear] foot of property frontage, to a maximum area of 100 square feet | Maximum 2 signs per use All signs subject to Design Review (4.19.060) | |
1 single-faced, lighted wall sign per building elevation for each freestanding structure | Front sign: Maximum area of 1 square foot for each linear foot of a structure's front elevation Side and rear signs: maximum area of 1 square foot for every 2 linear feet of a structure's side or rear elevation | Maximum of 3 signs All signs subject to Design Review (4.19.060) Additional signing for uses in this zoning district may be approved under Design Review (4.19.060) | |
5. Service stations in all Commercial zoning districts | 1 lighted, freestanding sign | Maximum area of 50 square feet Maximum height of 30 feet. All signs subject to Design Review (4.19.060) | |
2 canopy signs | Maximum area of 30 square feet | ||
2 wall signs | Maximum area of 30 square feet | ||
1 price sign | Maximum area of 12 square feet | ||
Informational/promotional signs | Maximum total combined area of 6 square feet | ||
6. Public and semi-public uses in all Commercial zoning districts | 1 lighted sign | Maximum area of 30 square feet Freestanding signs: maximum height of 6 feet | All signs subject to Design Review (4.19.060) |
Industrial Zoning Districts | |||
1. BP (Business Park) zoning district: Industrial uses | All signs subject to Design Review (4.19.060) | ||
See Paragraph D (Specific Plan Sign Provisions) of this Subsection 3.15.060 | See Paragraph D (Specific Plan Sign Provisions) of this Subsection 3.15.060 | All signs subject to Design Review (4.19.060) | |
2. ML (Industrial Light) zoning district: Industrial uses | 1 single-faced, lighted, wall or canopy sign on the side of the building facing the major street | Maximum area of 1 square foot for each lineal [linear] foot of building, up to a maximum area of 100 square feet. All signs subject to Design Review (4.19.060) | |
1 lighted, freestanding sign per parcel | Maximum area of 75 square feet Maximum height of 10 feet | ||
Parcel containing 2 or more uses: 1 lighted, freestanding combined sign per parcel | Maximum area of 100 square feet Maximum height of 15 feet | ||
3. Public and semi-public uses in all Industrial zoning districts | 1 lighted sign | Maximum area of 30 square feet Freestanding signs: maximum height of 6 feet | All signs subject to Design Review (4.19.060) |
D. Special Purpose and Overlay Zoning Districts | |||
1. MHP-20A (Mobile Home Park) zoning district | 2 lighted signs indicating the name of the mobile home park | Maximum area of 20 square feet per sign | Signs shall be attached to and not extending above wall or fence at the major street entrance to park |
2. PRD-5A (Planned Residential Development) zoning district | 2 unlighted signs identifying the development | Maximum area of 20 square feet per sign | Signs shall be attached to and not extending above a wall or fence at the major street entrance to the development |
3. PC (Planned Community) zoning district | 2 unlighted signs identifying the development | Maximum area of 20 square feet per sign | |
4. PC-25A (Planned Community) zoning district | Signage allowed as specified in the standards of development approved by City staff and Council | ||
5. PS-1A (Public and Semi-Public) zoning district | Signage allowed as specified in Section 29.25, except: Agricultural use: 1 unlighted sign pertaining to the products raised on the premises Monument signs for public, semi-public, religious and institutional uses: 1 internally or externally lighted sign per public street frontage (plus 1 per corner at public street intersection) subject to approval by the Staff Review Committee Readerboard components: subject to approval by the Staff Review Committee for public uses; Conditional Use Permit for semi-public, religious or institutional uses Other signing allowed as specified in the Conditional Use Permit for each use | Maximum area of 6 square feet Maximum height of 6 feet Monument signs: Maximum area of 75 square feet with a maximum height of 8 feet from adjacent grade or 10 feet from top of curb at the street frontage closest to the sign Readerboard components shall be permitted as part of the overall design, however in no case shall the lighting associated with the readerboard be allowed to create a nuisance to surrounding uses (mandatory reduction in lighting intensity or shutdown of the readerboard after 10:00 p.m. if warranted) or the content of the message on the readerboard creates a distraction to vehicular traffic (words such as "stop", "look", "danger" etc. | |
6. CC (Civic Center) zoning district | 1 unlighted name plate indicating the name of the occupant Other signage as specified in the Conditional Use Permit for each use | Maximum area of 1 square foot | |
7. PCM (Planned Commercial/Light Industrial) zoning district | 1 single-faced, lighted, wall or canopy sign on each side of the building frontage | Maximum area of 1 square foot per each lineal [linear] foot of business frontage, up to a maximum area of 75 square feet | Maximum of 2 signs per use Additional signage may be approved at the discretion of the Director |
1 freestanding monument sign. | Maximum area of 75 sq. ft. Maximum height of 4 feet. | Signage subject to the specifications of the standards of development approved by City staff and Council. Signs subject to Design Review (4.19.060) | |
D.
Specific plan sign provisions.
1.
Single-tenant industrial/office buildings. In single-tenant industrial/office buildings, no wall sign shall exceed an area equal to one and one-half square feet of sign for each one foot of lineal [linear] frontage of building or store, fronting on a street or parking lot. The maximum sign area shall not exceed 150 square feet nor comprise more than 10% of the area of the elevation upon which the sign is located.
2.
Multi-tenant industrial/office buildings.
a.
Multi-story multi-tenant buildings where tenants occupy 25% or more of floor area. Tenants occupying 25% or more of the floor area of a multi-story, multi-tenant industrial/office building shall be permitted a wall sign not to exceed one square foot of sign area for each lineal [linear] foot of building frontage. The maximum sign area shall not exceed 150 square feet nor comprise more than 10% of the area of the elevation upon which the sign is located, whichever is greater. A tenant occupying floor space with more than one building frontage shall be permitted to have an additional wall sign on the other frontage(s) not to exceed 100 square feet per frontage nor to comprise more than 10% of the area of the elevation upon which the sign is located, whichever is greater. A maximum of two signs shall be allowed on each building elevation. Signs on the same elevation shall not duplicate copy.
b.
Multi-story multi-tenant buildings where tenants occupy less than 25% of building floor area. Tenants occupying less than 25% of the floor area of a multi-story, multi-tenant industrial/office building shall be allowed identification on freestanding monument and directional signs serving the entire building/complex.
c.
Multi-story multi-tenant buildings where no tenants occupy 25% or more of floor area. Where no tenants occupy 25% or more of the floor area of a multi-story, multi-tenant industrial/office building, signage may be permitted subject to an approved sign program by the design review committee.
d.
Single-story multi-tenant buildings. Wall signs for single-story multi-tenant buildings shall not exceed one square foot of sign area for each lineal [linear] foot of building frontage occupied by the tenant up to a maximum sign area of 50 square feet. For purposes of this paragraph, a building with an upper level mezzanine is considered a single-story building.
3.
Freestanding restaurant buildings. Freestanding restaurant buildings may have one wall sign for each building face not to exceed a total of three wall signs. The front (main entry) sign shall not exceed one square foot of sign area for each lineal [linear] foot of front building elevation up to a maximum size of 150 square feet. Side or rear signs shall not exceed one square foot for every two lineal [linear] feet of the side or rear elevation up to a maximum size of 75 square feet.
F.
Billboard development standards. Billboards shall conform to the following development standards, illustrated in figure 3-15 (Billboard Development Standards).
1.
Each billboard may have a maximum height of 30 feet.
2.
Each billboard may have a maximum area of 300 square feet.
3.
Each billboard shall have a minimum ground clearance of eight feet, measured from the bottom of the billboard to the nearest ground surface.
4.
Billboards may not contain movement, blinking, flashing, or animation of any kind. Further, no billboard shall be modified or replaced in whole or in part to include any component that would render it an "electronic message center sign/digital display" as defined by Section 6.31.020. Modification includes any alteration which increases dimensions such as height, width, thickness and/or depth, weight or changes electronic connections/capacity to the existing billboard.
5.
Billboards shall not be constructed with more than two steel supports.
6.
Billboards shall not project into or over any public right-of-way.
7.
Each billboard shall conform to and maintain the minimum setback requirements of the CH (Commercial Heavy) zoning district.
8.
Lighting of a billboard shall be only by an indirect source (shielded). The lighting shall not exceed 800 milliamps rated capacity, or equivalent, as determined by the building official.
 Figure 3-15 Billboard Dimensions |
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1049, § 1, 12-8-03; Ord. No. 1124, § 1, 11-22-10)
3.15.070 Prohibited signs.
The following signs are specifically prohibited within the City:
A.
Signs painted or imprinted upon, or attached in any way to a motor vehicle, vehicle part, or trailer that is parked or stored at all times on or within 50 feet of the city's arterial highways, and for a period in excess of 24 hours on all other public rights-of-way.
1.
For the purpose of this section only, "arterial highway" shall mean Lincoln Avenue, Katella Avenue, Valley View Street, Ball Road, Cerritos Avenue, Knott Avenue, Moody Avenue, Orangewood Avenue, Bloomfield Street, Crescent Avenue, Denni Street, Holder Street, Orange Avenue, and Walker Street.
2.
This subsection shall not apply to government owned vehicles or vehicles used exclusively for the delivery of goods or provision of services.
3.
Violations of any provisions of this paragraph A shall be subject to the enforcement and penalty provisions of section 30 (Enforcement Provisions) of this zoning ordinance and of the Municipal Code.
B.
Roof signs.
C.
The exhibition, posting, or displaying of any statement, symbol, or picture of an obscene nature upon any sign or wall.
D.
Signs painted on structures in all zoning districts except the CH (Commercial Heavy) zoning district.
E.
Any sign rotating or simulating movement by fluttering, spinning, or the use of reflective devices.
F.
Any sign blinking, flashing, or animated by lighting in any fashion.
G.
Canopy signs that project above the canopy.
H.
Signs encroaching upon or overhanging adjacent property.
I.
Any sign erected, constructed, enlarged, modified, or relocated within the city without a building permit.
J.
Any electrical sign or sign illuminated by electricity that is erected, constructed, enlarged, modified, or relocated within, without both a building permit and an electrical permit.
K.
Any sign that simulates or imitates in size, color, lettering, or design and traffic sign or signal, or which makes use of the words "stop," "look," "danger," or any other words, phrases, symbols, or characters in a manner that interferes with, misleads, or confuses traffic.
L.
Aerial signs and displays. Balloons that are 24 inches or less in diameter shall be exempt from this provision.
M.
Inflatable displays.
O.
Portable A-frame signs.
P.
Supergraphic sign.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1124, § 2, 11-22-10)
3.15.080 Legal nonconforming signs.
A.
Nonconforming signs.
1.
Purpose. The eventual elimination of existing on-premises signs that do not conform to this section is as important to the citywide aesthetic and public health, safety, and welfare as the prohibition of new signs that would violate the provisions of this section. It is also recognized that nonconforming signs should be eliminated in a manner that avoids an unreasonable invasion of established property rights. With these goals in mind, the city regulates nonconforming signs as outlined below.
2.
Continuation and maintenance.
a.
A sign, lawfully occupying a site, that does not conform with the sign regulations for the zoning district in which the sign is located shall be deemed to be a nonconforming sign and may only be displayed and maintained, except as otherwise provided in this subsection.
b.
Routine maintenance and repairs may be performed on a sign when the sign is nonconforming.
3.
Restrictions on existing signs. A nonconforming sign may be continued in operation and maintained after the effective date of this zoning ordinance. Nonconforming signs shall not be:
a.
Replaced with another nonconforming sign;
b.
Moved to another location on the property or to another property unless it would then conform to the regulations of this subsection;
c.
Structurally altered to as to extend the useful life of the sign;
d.
Expanded or enlarged; or
e.
Re-established after damage or destruction of more than 50% of the sign value, as determined at the time of the damage or destruction, unless required by law or unless the move, alteration, enlargement, or re-establishment will result in the elimination of the nonconformity.
4.
Allowed change in copy. The copy on a nonconforming sign may be changed before the scheduled date of elimination by issuance of a sign permit. The change may not create a new nonconforming sign or increase the discrepancy between the existing nonconformity and the regulations of this Section.
5.
Amortization schedule. Nonconforming signs shall be discontinued, removed from their sites, altered to conform to the requirements of this section, or altered as prescribed to decrease the degree of non-conformity within the time schedules specified in table 3-8 (Nonconforming Sign Elimination Schedule).
TABLE 3-8 NONCONFORMING SIGN ELIMINATION SCHEDULE | |
|---|---|
Description of Nonconforming Sign | Elimination Schedule |
1. Lighting or movement nonconformity, any zoning district | Within 6 months of the date that the sign becomes nonconforming |
2. Painted on wall, any zoning district | Within 1 year of the date that the sign becomes nonconforming |
3. Any other nonconforming sign located in a residential zoning district | Within 1 year of the date that the sign becomes nonconforming |
4. All other nonconforming signs | Within 3 years of the date that the sign becomes nonconforming |
B.
Nonconforming billboards. A billboard that does not conform to the provisions of this section shall be modified or removed in compliance with the following provisions:
1.
Billboards with an appraised value of less than $200 shall be brought into conformance or removed by September 27, 1976.
2.
Billboards with an appraised value of more than $200 shall be brought into conformance or removed by September 27, 1976.
3.
The appraised value of a billboard shall be determined by the director. The appraisal shall be subject to review by the council if the review is requested by the owner of the property on which the billboard is situated.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.090 Abandoned signs.
This section provides for the removal of abandoned on-premises and off-premises signs.
A.
Removal required. Abandoned signs, including brackets, poles, and other supports, shall be removed. If the owner or lessee fails to remove the sign, the director shall give the owner 30 days' written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense.
1.
On-premises signs. If a sign identifies a business that is no longer conducted on the premises, it shall be removed as follows:
a.
On-premises signs that no longer identify a business located on the site shall be removed within 90 days of the close of the business.
b.
Sign copy within cabinet signs that are maintained shall be replaced with blank sign copy within 90 days of the close of the business and shall only be allowed to remain for a total of 18 months. These signs may contain a "for rent" sign to indicate that the space is available for rent.
c.
All abandoned sign structures shall be removed within 18 months of the close of business.
2.
Off-premises signs. If a billboard is left blank or is maintained without copy for a period of 60 days or more, the billboard shall be removed within six months, unless a conditional use permit is approved for its reuse.
B.
Authority to abate. The director is authorized to abate illegal and abandoned signs on private property.
C.
Recovery of costs. When the city is required to remove an abandoned sign in compliance with this subsection, the reasonable cost of the removal shall be assessed against the owner of the sign(s) and/or the property owner.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.100 Abatement of illegal signs within a public right-of-way.
A.
Notification of removal. If it is determined that a sign is illegally placed on public property, public right-of-way, or public easements, the city shall notify the owner to remove the sign within 48 hours or be billed for the costs of removal. If immediate action is necessitated for public safety considerations, the city shall remove the sign, and the sign owner shall be billed for the costs of removal.
B.
Request for hearing. The owner of a sign that has been removed by the city may request a hearing to determine whether the sign was in fact illegally located on public property. The request for a hearing shall be made within 48 hours from the date of removal.
C.
Authority to destroy or dispose of sign. If the owner of a sign fails to make a request for a hearing and no demand is made for the return of the sign within 10 days of the date of removal, then the city is authorized to destroy or dispose of the sign.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.15.110 Standards for specific types of signs.
A.
Neon signs. The use of neon signs shall be allowed, subject to the following criteria and requirements:
1.
Development standards.
a.
The use of neon shall enhance the viewer's appreciation of the city's nighttime atmosphere and shall be primarily aesthetic and decorative with a utilitarian function only when used as signage.
b.
Neon signage and linear tubing shall be UL listed with a maximum 20 amps per circuit and shall be designed to accommodate a dimmer in order to reduce the brightness of the neon. If materials are not UL listed, an applicant shall show proof of listing by a recognized listing company.
c.
Neon linear tubing shall not exceed one-half inch in width, shall reinforce the architecture of a structure, and shall be concealed from view when possible through the use of architectural features (e.g., parapets, cornices, etc.).
d.
The neon manufacturer shall be registered with Underwriters Laboratories (UL).
e.
Neon adjacent to residential uses shall be a maximum of one-half footcandle from property line.
2.
Review and permit requirements.
a.
The council shall review the amount of neon on a case-by-case basis. Applications for neon lighting shall be subject to design review in compliance with subsection 4.19.060 (Design review).
b.
Materials of high reflective qualities (e.g., mirror, glass, aluminum, metal, etc.) shall be reviewed for their reflective quality and may be approved on a case-by-case basis by the council. High glazed ceramic tiles shall be allowed only upon design review approval in compliance with subsection 4.19.060 (Design review).
c.
An applicant proposing neon signage shall submit a sign program for the site for review by the director. The sign program shall illustrate the location, size, and colors of proposed neon signs. Additionally, the applicant shall execute a neon signage agreement with the city. Permits issued for the use of neon signage shall be contingent upon the signing and recordation in the Orange County Public Records of the neon signage agreement.
B.
Nonprofit organization special event signs—Off-site. Off-site signs of a temporary nature advertising a special event sponsored by a nonprofit organization are allowed, subject to the following regulations:
1.
The signs shall not be erected more than 30 days before the event and shall be removed within five days after the event has concluded. Off-site signs and banners erected by the city, the city park and recreation district, and nonprofit fraternal, sororal, social, and sports organizations as specified by the city park and recreation district shall not be erected more than 40 days before the event and shall be removed within five days after the event has concluded.
2.
The organization sponsoring the event advertised on the sign shall have the permission of the property owner to erect the sign on the subject property.
3.
The sign shall not be allowed on or to extend over any public property or public easement unless the city has specifically authorized the placement.
4.
The signs shall be constantly maintained in a state of safety and good repair.
C.
Political campaign signs. Signs advertising a political candidate, group of candidates, political party, or ballot measure in any district, municipal, county, state, federal election ("political signs") shall not be erected more than 45 calendar days prior to the election to which the signs may pertain, and shall be removed not later than 10 calendar days after the date of the election to which the signs may pertain, subject to the following regulations:
1.
No person shall post or otherwise affix any political campaign sign upon any public facility located within any public right-of-way, or in or upon any other public property or right-of-way, or in or upon any other property, easement, or other right-of-way owned or controlled by the City of Cypress, including, but not limited to any street, median, island, sidewalk, traffic signal, utility pole, wires, traffic control device, building, wall, bridge, railroad trestle, hydrant, street tree, shrub, tree stake or tree guard, or street sign; and
2.
Political signs shall contain the committee name, address, and, if available at the time of posting, any state-law required identification number; and
3.
Any political sign installed or placed illegally shall be forfeited and subject to confiscation. In addition to other remedies, the city shall have the right to recover from the owner of such illegally installed political sign, the cost of removal and disposal of the same. Such cost shall be established by resolution of the city council. The director of public works, or his/her designee, shall notify the owner or organization of any such illegally posted sign of the confiscation of the same. Such owner or organization may collect any such sign from the public works department within 20 days of notification. Any such sign not collected within the twenty-day period may be destroyed by the city without further notice.
D.
Signs over a public right-of-way.
1.
Signs or banners shall not encroach upon or overhang adjacent to any public right-of-way without first having received approval from the director and the public works director.
2.
Signs shall not be attached or otherwise affixed to any street, meridian, island, sidewalk, traffic signal, utility pole, wire, traffic control device, building, structure, wall, bridge, railroad trestle, hydrant, street tree, shrub, tree stake or tree guard, street sign, or any other public facility located within the public right-of-way, or any other domain owned or controlled by the city without first having received approval from the director and the public works director.
3.
Bus shelters that contain advertisements are allowed in the public right-of-way, subject to the regulations specified in paragraph E. (Special purpose signs), below.
E.
Special purpose signs. The following special purpose signs shall be allowed in all zoning districts in addition to the signs allowed in table 3-7 (Allowed Signs by Zoning District):
2.
Directional signs. Each parking area entrance or exit may display one directional parking sign not exceeding 10 square feet in area and six feet in height. A sign erected in a traffic safety visibility area shall conform to the requirements of subsection 3.11.150 (Traffic safety visibility area).
3.
Real estate and development signs.
a.
For sale or rental signs.
(1)
Each use may display one on-site unlighted sign on each street frontage adjoining the site. The signs shall not exceed six square feet in area.
(2)
Each use may also display one "open house" sign. The signs shall not be located in landscaped parkways, street medians, or bike trails.
(3)
Freestanding signs shall not exceed six feet in height.
(4)
Sale and rental signs shall be removed within 30 days from the date of sale or rental.
(5)
Office buildings, shopping centers, and industrial subdivisions may display one freestanding lease or rental sign and two building-mounted signs. The total area of the signs shall not exceed 150 square feet. Freestanding signs shall not exceed six feet in height. All lease and rental signs shall be removed within one year from the date of the final construction inspection.
b.
Construction signs.
(1)
On a site where a project is actively under construction, one unlighted sign not exceeding 10 square feet in area may be displayed for each contractor. The signs may be combined.
(2)
Freestanding signs shall not exceed six feet in height.
(3)
Construction signs shall be removed within five days after the issuance of a certificate of occupancy by the city.
c.
Off-site directional signs.
(1)
Subdivision signs.
(a)
Each subdivision may display up to three off-site unlighted signs identifying the name of the subdivision, the developer or agent, an identification emblem, and a directional message. Each sign shall not exceed 50 square feet in area or fifteen 915) feet in height. Signs shall be subject to the approval of the director.
(b)
Directional subdivision signs shall be removed within two years from the date of recordation of the final map, or when 100% of the parcels have been sold, whichever comes first.
(2)
Apartment complex signs.
(a)
Apartment complexes of 30 units or more may display up to three off-site unlighted signs identifying the name of the apartment complex, the developer or agent, an identification emblem, and a directional message. Each sign shall not exceed 50 square feet in area or 15 feet in height. Signs shall be subject to the approval of the director.
(b)
Directional signs for apartment complexes of 30 units or more shall be removed within one year from the date of the final construction inspection.
(3)
Commercial uses signs.
(a)
Commercial uses greater than 40,000 square feet in size and located in commercial zoning districts may display up to two off-site unlighted signs identifying the name of the commercial use, the developer or agent, an identification emblem, and a directional message. Each sign shall not exceed 50 square feet in area or 15 feet in height. Signs shall be subject to the approval of the director.
(b)
Directional signs for commercial uses be removed within six months from the date of the final construction inspection.
d.
On-site subdivision signs.
e.
Subdivision entrance signs.
(1)
Each subdivision may display up to two unlighted signs indicating the name of the subdivision at the major street entrance to the development. The signs shall be attached to and not ex-tending above a wall or fence, and shall not exceed 20 square feet in area.
(2)
Subdivision entrance signs shall be constructed of appropriate materials and affixed to the wall or fence so that they are not readily susceptible to vandalism.
4.
Sale signs. Each retail commercial use may display sale signs while a sale of goods or services in being conducted. The sale signs shall not exceed 50% of the window area.
F.
Temporary signs. Temporary signs shall be subject to the following regulations:
1.
The placement, use, and keeping of temporary signs and banners shall require a temporary use permit.
2.
Temporary signs shall not be allowed on or to extend over any public property or public easement or any other domain owned or controlled by the city without first having received approval from the director and the public works director.
3.
Temporary signs shall not be posted so that they obscure traffic or street signs or devices or present a hazard to the public.
4.
Temporary signs shall be constantly maintained in a state of safety and good repair.
5.
Temporary signs shall not be placed upon a telephone or other utility pole, or upon a permanent freestanding or monument sign.
6.
If a temporary sign is attached to a structure, the sign shall be in scale with the structure.
7.
Retail commercial uses may display up to two temporary signs or banners not to exceed 20 square feet each while a sale of goods or services is being conducted for the period of time specified in paragraph 10, below. Temporary and permanent window signs shall not exceed 25% of the window area.
8.
The code enforcement officer may cause a temporary sign, that is erected, placed, or maintained in violation of this section and that is unsafe and an immediate threat to persons or to the property of another, to be removed summarily and without notice. If the sign is summarily removed, the code enforcement officer shall, as soon as possible and not later than 24 hours after removal, notify the owner or tenant of the property from which the sign was removed and, if known, the owner of the sign.
9.
The temporary sign shall not be the primary sign identifying the business.
10.
The use of temporary signs, including banners, shall be limited to not more than two at any time and for not more than 14 days within any three-month period, and for no more than a total of 30 days per calendar year.
11.
Temporary signs and banners erected by the city, the city park and recreation district, and nonprofit fraternal, sororal, social and sports organizations as specified by the city park and recreation district shall be limited to 45 contiguous [consecutive] days. Temporary signs and banners may be erected no more than 40 days before an event date, and shall be removed within five days of the conclusion of the event.
G.
Window signs. Signs, including permanent and temporary, shall not cover more than 25% of the area of one window.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.16.010 Purpose.
This section provides standards for the location and installation of communication facilities. Communication facilities shall include cellular, personal communication services and networks, paging, dispatching, enhanced specialized and specialized mobile radio, television broadcast, radio broadcast, satellite, and all other wireless communications whether facilities are public or private unless specifically exempted in this section.
In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, aesthetics, and general welfare of the community, the council finds that these regulations are necessary to:
A.
Facilitate the provision of communication services to the residents and businesses of the city;
B.
Minimize the adverse visual and aesthetic effects of communication facilities through careful design and siting standards;
C.
Maximize the use of existing and approved structures to accommodate new communication antennas in order to reduce the number of freestanding facilities needed to serve the community; and
D.
Encourage the use of freestanding stealth facilities where it is infeasible to use existing facilities.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.16.020 Definitions.
A facility for amateur radio communications that includes non-commercial antennas operated by a federally licensed amateur radio operator.
A device used in communications that transmits and/or receives radio or television signals, including dish, panel parabolic, and whip antennas.
A two-way voice communication service that does not require a license from the Federal Communications Commission (FCC).
The locating of wireless communications equipment for multiple users on a single ground-mounted, roof-mounted, or structure-mounted facility.
Mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purposes of supporting antennas and/or microwave dishes.
Spectrum frequencies from a gigahertz to 300 gigahertz; highly directional when used for radio frequency transmissions. Uses relatively low transmitter power levels when compared to other forms of transmission.
A structure composed of a single spire used to support antennas and related equipment. Monopole structures may also include stealth designs that mimic light standards, flagpoles and trees.
An emission of wireless communication caused by the movement of electromagnetic energy through space, which lies in the frequency range from three kilohertz to 300 gigahertz. This term is also used interchangeably with electromagnetic fields (EMF).
A wireless communications facility that is designed to blend into the surrounding environment and to be visually unobtrusive. Examples of stealth facilities may include: architecturally screened roof-mounted and wall-mounted antennas; façade-mounted antennas painted and treated as architectural elements to blend in with an existing structure; and interior-mounted antennas fully screened by an architectural feature such as a church steeple, bell tower, spire, clock tower, cupola, or freestanding sign. Stealth facilities may also include fully screened antennas mounted on or within monopoles that are designed to mimic common urban features such as trees, light standards, or flagpoles. Also known as concealed wireless communications facilities.
Mounted to, or as part of, a structure (e.g., a building, billboard, church steeple, freestanding sign, water tank, etc.).
An antenna attached to a public utility structure.
A public or private structure that supports antennas, microwave dishes, and other related equipment for sending and/or receiving radio and television signals. These facilities may support a variety of services, including: cellular telephone; personal communication services (PCS) and networks; paging; dispatching enhanced specialized mobile radio; television; radio; and all other wireless communications, except for satellite antennas, amateur (ham) radio communication facilities, and citizen band radio antennas which are incidental to the primary use and meet the standards in subsection 3.16.090 (Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas). Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1119, §§ 1, 2, 9-27-10)
3.16.030 Applicability.
Wireless communication facilities shall be allowed in the various land use districts throughout the city in compliance with article 2 (Zoning Districts and Allowable Land Uses).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.16.040 Exempt antennas.
The following types of noncommercial, receive-only antennas shall be exempt from the requirements of this section:
B.
In residential zoning districts, satellite dish antennas that are one meter or less in diameter.
C.
In commercial and industrial zoning districts, satellite dish antennas that are two meters or less in diameter.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.16.050 Approval requirements.
A.
Exempt antennas shall not require city review/approval.
B.
Two-tier approval process for wireless communications facilities.
1.
Wireless communications facilities subject to design review. Wireless communications facilities that meet all of the following criteria shall be considered allowed accessory structures/uses subject to design review in compliance with subsection 4.19.060 (Design review).
a.
Wireless communications facilities not located on a property within a residential zoning district or on a property used for residential purposes, with the exception of stealth facilities located on residentially zoned property containing a nonresidential building and/or architectural feature which would fully screen the antennas.
b.
Wireless communications facilities incorporating a stealth design in which antenna panels are:
2.
Wireless communications facilities requiring a conditional use permit. Wireless communications facilities (except stealth facilities) that are not exempt or that are not considered allowed accessory structures/uses (e.g., building- or ground-mounted cellular, PCS, or other wireless communications facilities that exceed EIRP levels of 80 dBW) shall be subject to a conditional use permit in compliance with subsection 4.19.070 (Conditional use permits). Reasonable conditions may be imposed to protect the applicant and the public health, safety, and general welfare. Reasonable conditions shall include fencing, screening, warning signs, partial submersion below ground level, and other similar conditions.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1119, §§ 3—5, 9-27-10)
3.16.060 General standards.
A.
Wireless communications facilities development standards. Table 3-9 (Wireless Communications Facilities Development Standards) identifies the development standards applicable to wireless communications facilities located in the city.
TABLE 3-9 WIRELESS COMMUNICATIONS FACILITIES DEVELOPMENT STANDARDS | ||||
|---|---|---|---|---|
Development Standards | Zoning District | |||
Residential | Commercial | Industrial | Public/Semi-Public | |
1. Distance from Property Line | 5 feet | 5 feet | 5 feet | 5 feet |
2. Distance from Other Structures | 0 feet | 0 feet | 0 feet | 0 feet |
3. Minimum Screening Height (a) | 6 feet | 6 feet | 6 feet | 6 feet |
4. Allowable Setback Location | Rear or side setback, except street side | Rear or side setback, except street side | Rear or side setback, except street side | Rear or side setback, except street side |
5. Maximum Height | 15 feet for satellite dish antennas 35 feet for all other antennas | 15 feet for satellite dish antennas Maximum height allowed in zoning district for all other antennas | 15 feet for satellite dish antennas Maximum height allowed in zoning district for all other antennas | 15 feet for satellite dish antennas Maximum height allowed in zoning district for all other antennas |
6. Maximum Number of Antennas per Parcel (including exempt antennas)(b) | 2 | Subject to design review or conditional use permit approval as outlined in Section 3.16.050 (Approval requirements) | Subject to design review or conditional use permit approval as outlined in Section 3.16.050 (Approval requirements) | Subject to design review or conditional use permit approval as outlined in Section 3.16.050 (Approval requirements) |
7. Roof-mounted Antennas Allowed | No (d) | Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure | Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure | Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure |
8. Wireless Communications Facilities (c) | Prohibited (d) | Design review committee permit required for stealth facilities; conditional use permit required for non-stealth facilities, and minimum setback ratio of 1:1 from a residential zoning district (1 foot setback for each foot of the antenna structure's height as measured from ground level) | Design review committee permit required for stealth facilities; conditional use permit required for non-stealth facilities, and minimum setback ratio of 1:1 from a residential zoning district (1 foot setback for each foot of the antenna structure's height as measured from ground level) | Design review committee permit required for stealth facilities; conditional use permit required for non-stealth facilities, and minimum setback ratio of 1:1 from a residential zoning district (1 foot setback for each foot of the antenna structure's height as measured from ground level) |
Notes: | |
|---|---|
(a) | Ground-mounted antennas shall be screened by walls, fences, or landscaping to the minimum height required so as to obscure visibility of the antenna. Landscaping shall be of a type and variety capable of growing to create appropriate screening within one year. |
(b) | Any co-located antennas that meet the criteria of Government Code Sections 65850.6 and 65964 shall be permitted as provided therein. |
(c) | Wireless communications facilities that meet criteria specified in section 3.16.050B.1. (Two-tier permit process for wireless communications facilities) shall not be subject to the conditional use permit and residential setback requirement(s). |
(d) | Exception: Stealth facilities incorporated onto a permitted non-residential building and/or similar architectural feature located on a residential-ly zoned property, subject to design review committee permit approval. |
B.
Residential zoning districts—Applicable standards. Table 3-9 (Wireless Communications Facilities Development Standards) identifies the development standards applicable to wireless communications facilities and antennas located in the city. In addition, antennas located in residential zoning districts in the city shall conform to the following standards:
C.
Commercial, industrial, and public/semi-public zoning districts—Applicable standards. Table 3-9 (Wireless Communications Facilities Development Standards) identifies the development standards applicable to wireless communications facilities and antennas located in the city. In addition, antennas shall conform to the following standards:
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1109, § 3, 8-24-09; Ord. No. 1119, §§ 6, 7, 9-27-10)
3.16.070 Development standards.
The following regulations shall apply to the establishment, installation, and operation of wireless communications facilities and antennas in all zoning districts:
A.
Compliance with building and electrical codes. Antennas shall be installed and maintained in compliance with the requirements of the city's building code and electrical code. Antenna installers shall obtain a building permit and an electrical permit before installation.
B.
Advertising prohibited. Advertising material shall not be allowed on wireless communications facilities or on antenna.
C.
Undergrounding of electrical wiring. Electrical wiring associated with an antenna shall be buried underground or hidden in a manner acceptable to the director. This section does not apply to antennae and their supporting structures or associated equipment used by a utility for furnishing communication services, consistent with section 27-7(f) of the Cypress City Code.
D.
Projections and anchoring in setback areas. Antenna array shall not extend beyond the property lines or into a front setback area. Guy wires may be attached to the structure but shall not be anchored within a front setback area.
E.
Design considerations. The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS, and other wireless communications facilities shall be designed to enhance the surrounding physical environment by blending with that environment and by being as unobtrusive as possible.
F.
Electrical requirements. Every antenna shall be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line.
When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.
G.
Terms of lease agreements. Co-location of cellular, PCS, and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co-location where it is technically feasible.
H.
Collocation facilities. A collocation facility shall be subject to the provisions set forth in the California Government Code, Section 65850.6, as is amended from time to time. A collocation facility shall be subject to the city's design and development standards contained herein, to the extent allowed in compliance with the aforementioned California Government Code section.
I.
Radio frequency emissions (RFE) compliance. All wireless communications facilities shall comply with the federal requirements related to RFE and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310, and 2.1093.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1119, §§ 8, 9, 9-27-10)
3.16.080 Review and approval process.
A.
Application requirements.
1.
Antennas not used for transmission or where transmission level below 80 dBW. Before the approval by the city for the installation of an antenna, the applicant shall submit a written statement that the an-tenna will not be used for transmission purposes; or, that the use of the antenna for transmission purposes will not exceed EIRP levels of 80 dBW.
2.
Site plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or an-tennas shall also be shown.
3.
Wind velocity test. A wind velocity test shall be required, if deemed necessary by the building official.
4.
Performance bond. When a conditional use permit is required for a wireless communications facility, a faithful performance bond to ensure the removal of abandoned antenna facilities shall be posted before the issuance of building permits. The bond security shall comply with the provisions set forth in the California Government Code, Section 65964.
5.
Signal coverage maps. Both before and after project maps shall illustrate the signal gap being addressed by the proposed project, and shall show the locations of alternative sites that were considered to fill the signal gap. A list of the alternative sites and the reason(s) for their removal from consideration shall accompany the maps.
6.
Radio frequency emissions (RFE) documentation. The applicant shall self-certify through a written statement that the RFE related to a proposed antenna facility shall comply with FCC standards for such emissions. For wireless communications facilities, as well as collocation facilities, located on properties which abut residentially zoned properties, an RFE site compliance report shall also be provided for verification of compliance with FCC standards for RFE.
B.
Condition attached to conditional use permit reviewed every five years. A conditional use permit for a wireless communications facility shall be reviewed at least every five years by the planning agency. The review shall focus on whether changing technology has rendered the design obsolete. This review is intended to provide an opportunity to modify the permit for aesthetic up-grades periodically and, therefore, shall not be considered the expiration or a limit on the duration of a conditional use permit, in compliance with the provisions set forth in the California Government Code, Section 65964.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1109, § 3, 8-24-09; Ord. No. 1119, §§ 11—13, 9-27-10)
3.16.090 Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas.
Satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio anten-nas, shall be located, constructed, installed and maintained in the following manner:
A.
Satellite antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) as follows:
1.
Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines.
2.
The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood.
3.
Electrical and antenna wiring shall be placed underground whenever possible.
4.
In residential zoning districts, antennas shall be subject to the following standards:
a.
Antennas shall be located only within the rear yard of the site, at least five feet from the rear lot line, and at least 15 feet from any street side property line;
b.
Dish antennas larger than one meter (39 inches) shall not be placed on or attached to residential structures.
c.
The diameter of the ground-mounted antenna (dish) shall not exceed 10 feet;
d.
The height of the antennas shall not exceed 12 feet at the highest point of the antenna;
e.
Antennas shall not project or overhang into areas in which antennas are not allowed to locate;
f.
Only one dish antenna with a diameter greater than one meter (39 inches) shall be allowed on a site; and
g.
The antennas shall be used for private, noncommercial, purposes only.
5.
In nonresidential zoning districts, antennas may be roof or ground-mounted and shall be screened from view from public streets.
B.
Single pole/tower amateur radio communication facilities. Single pole/tower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner:
1.
The maximum overall height shall not exceed 35 feet, measured from finished grade. Antennas exceeding 35 feet in height may be approved provided that antenna is of the retractable variety, that the antenna is retractable to below 35 feet, and the applicant executes an agreement stating that the antenna will only be extended during actual use of the antenna.
2.
Where a parcel has one pole/tower structure greater than 40 feet, measured from finished grade, in overall height (including antennas), only one additional pole/tower structure shall be allowed with an overall height not to exceed 35 feet measured from finished grade (including antennas);
3.
The pole/tower and/or antennas may be roof or ground-mounted;
4.
The pole/tower and/or antennas may not be located in any required front or side yard setback areas;
5.
The pole/tower and/or antennas shall be located at least five feet from the rear lot line and at least 15 feet from any street side property line;
6.
The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate;
7.
The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;
8.
The pole/tower and/or antennas shall be used for private, noncommercial, purposes only; and
9.
Operators shall be responsible to operate in compliance with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission (FCC).
C.
Citizen band (CB) radio. Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to hand-held units:
2.
Prohibition of certain citizen band radios. It shall be a violation of this zoning ordinance to use citizen band radio equipment not authorized by the Federal Communications Commission or the unauthorized operation of citizen band radio equipment on a frequency between 24 MHz and 35 MHz and subject to a penalty in compliance with section 30 (Enforcement).
3.
Exempt stations. A station that is licensed by the Federal Communications Commission pursuant to section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this division. A citizen's band radio equipment on board a "commercial motor vehicle," as defined in section 31101 of title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations.
4.
Appeal. A person subject to this section may submit to the Federal Communications Commission an appeal of the decision on the grounds that the city enacted this ordinance outside the Auto-Route provided by section 302a of the Communications Act of 1934. A person shall submit his/her appeal on a city decision to the Federal Communications Commission, if at all, not later than 30 days after the date on which the city's decision becomes final, but prior to seeking judicial review of the decision.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1109, § 3, 8-24-09)
3.16.100 Exceptions and nonconforming antennas.
A.
Criteria for granting variances.
1.
A person may seek a variance from the provisions this section in compliance with section 4.19.080 (Variances). No fee shall be charged to an applicant for a variance that is required solely for the purposes of complying with this zoning ordinance. A variance granted for compliance purposes is revocable for failure by the applicant or property owner to comply with the conditions imposed.
2.
A variance may be issued for an antenna if it meets the following standards:
a.
Locating the antenna in conformance with the specifications of this section would obstruct the an-tenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control; or
b.
The cost of meeting the specifications of this section is excessive, given the cost of the proposed antenna.
3.
The variance application shall include a certification that the proposed installation conforms to the city's building code. Furthermore, the application shall contain written documentation of the conformance, including load distributions within the building's support structure and certified by a registered engineer.
4.
If the antenna is proposed to be located on the roof, where possible, the antenna shall be located on the rear portion of the roof and be consistent with neighboring improvements, uses, and architectural character.
B.
Nonconforming antennas. Antennas, in any zoning district, which were lawfully constructed and erected before the effective date of this zoning ordinance and which do not conform to the provisions of this section for the particular zoning district in which they are located, shall be accepted as nonconforming uses and shall be subject to abatement in compliance with the provisions of section 25 (Nonconforming Uses, Structures, and Parcels).
C.
Relocation of nonconforming antennas. Where the nonconforming use hearing board finds that a non-conforming antenna, either in its present condition or as modified, can be used in compliance with the standards outlined in this section for the zoning district in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site where the use is allowed and which has substantially equivalent utility for the use. In no event shall the extension be more than two years.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.16.110 Abandonment of communications facilities.
A.
When facility considered abandoned. The operator of a communications facility shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six month period or a total of 12 months over a consecutive 30 month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than 30 days following the end of the applicable cessation period.
B.
Removal by owner/operator. A written notice of the determination of abandonment shall be sent or delivered to the operator of the facility by the department. The operator shall have 30 days to remove the facility or provide the department with evidence that the use has not been discontinued. The commission shall review evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required 30 day period shall be in violation of this section and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalty provisions of this code.
C.
Removal by city. In the event that a communication facility is not removed within 90 days after the applicable cessation period ends, as described in paragraph A., above, the city may remove the facility and assess the removal costs against the property.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.010 Purpose.
This section provides site planning and development standards for a variety of specified land uses.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.020 Accessory structures.
This subsection provides standards for accessory uses and structures that are customarily related to a residence, (e.g., garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops, etc.).
A.
Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to and shall not alter the residential character of the site.
B.
Accessory structures used for living purposes. An accessory structure used for living purposes shall meet the requirements of subsection 3.17.200 (Accessory dwelling units).
C.
Attached structures.
1.
An accessory structure that is attached to a main structure shall be compatible with, and made structurally a part of, the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached to the main structure at a minimum of four points within 20 feet).
2.
An attached accessory structure shall comply with the requirements of this zoning ordinance applicable to the main structure, including setbacks, heights, and lot coverage.
3.
Construction and the use of materials and colors shall be compatible with the main structure whenever feasible.
D.
Detached structures.
1.
Coverage. The floor area of a single detached accessory structure shall not exceed 40% nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 50%, of the required rear yard of the parcel in compliance with table 2-3 (Residential Zoning District Development Standards). Accessory structures shall be included in the calculation for the coverage of the entire site in compliance with table 2-3.
2.
Height limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds, playhouses, recreation equipment, and similar facilities located within a required side yard or within five feet of a rear property line, which shall not exceed a height of seven feet from grade.
3.
Materials and color. Detached accessory structures shall be compatible with the materials and color of the main dwelling(s) on the property whenever feasible.
4.
Separation requirements. Detached accessory structures on a single parcel shall be separated from the main structure and other structures by at least six feet, or more, as required, except as allowed by the building code.
5.
Setback requirements. Setbacks shall be as provided by table 3-10 (Required Setbacks— Accessory Uses and Structures).
E.
Allowed projections into required setbacks. Roofs and canopies may project into required setback areas in compliance with subsection 3.11.050 (Allowed projections into required setbacks) and shall not be more than 10 feet in height.
TABLE 3-10 REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES | |||
|---|---|---|---|
Residential Uses | |||
Detached Accessory Use/Structure | Type of Setback (1) | Required Setback | |
Single-Family, Duplexes, and Triplexes | Multi-Family | ||
Air conditioning equipment, pool and spa equipment | Front | Same as main structure | Same as main structure |
Side, rear | 5 feet | 5 feet | |
Street side | Same as main structure | Same as main structure | |
Garage, carport, portable covers, canopies, or shelters (permanent/temporary) of any type | Front | 20 feet | 20 feet (2) |
Side | 5 feet (3) | Same as main structure | |
Street side | 20 feet | 20 feet | |
Rear | 3 feet; if entrance facing right-of-way - 20 feet | Same as main structure | |
Flagpole | Front | 5 feet (4) | 5 feet (4) |
Side | None | None | |
Street side | 5 feet (4) | 5 feet (4) | |
Rear | None | None | |
All other accessory structures, including fire pit, gazebo, greenhouse, outdoor play equipment, patio cover, recreational court, spa, stationary barbeque, storage shed, swimming pool, treehouse, workshop | Front | Same as main structure | Same as main structure |
Side | 5 feet | Same as main structure (3) | |
Street side | Same as main structure | Same as main structure | |
Rear | 5 feet | Same as main structure | |
Notes: | |
|---|---|
(1) | Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, the director shall establish required setbacks. |
(2) | The front yard setback for side-entry garages shall be 15 feet. |
(3) | Garages and carports in multi-family projects shall not directly face an abutting public street. |
(4) | Accessory structures may be allowed within one required side yard only, provided that there is a three foot walkway between the front and rear yards that is open and unobstructed from the ground upward, except for trees. |
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1197, § 6, 6-27-22)
3.17.030 Alcoholic beverage sales.
A.
Conditional use permit required. A conditional use permit, obtained in compliance with subsection 4.19.070 (Conditional use permits), shall be required for the following businesses:
1.
Sales for on-site and off-site consumption. Businesses that sell alcoholic beverages for on-site or off-site consumption. This requirement shall apply to a new business proposed to locate in the city, or an existing business proposing to relocate within the city, that requires a state permit to sell alcoholic beverages.
2.
Upgrade from sales of beer and wine to sale of spirits. Existing businesses authorized to sell beer and wine that seek to upgrade their alcoholic beverage sales licenses to include the sale of spirits.
3.
[Lapsed conditional use permit.] Notwithstanding the provisions of subsection 4.19.070(H) (Time limits for conditional use permits), a conditional use permit issued for the sale of alcoholic beverages, if not used within 180 days of the date that the permit becomes valid, shall lapse and become void.
B.
Findings and conditions.
1.
Imposition of conditions. In approving an application for a conditional use permit to establish a use selling alcoholic beverages, the planning agency may impose conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.
2.
Findings. In determining whether to approve a conditional use permit application for alcoholic beverage sales and the conditions to impose on the use, the planning agency shall consider the following:
a.
The nature and use of real property within 300 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and religious institutions.
b.
The inclusion of appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris.
c.
The lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings.
d.
The protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and light and glare.
e.
The provision of on-site security, both inside and outside the building, to satisfy any concerns raised by the police department.
f.
The adequacy of off-street parking provided for the use.
g.
The hours of operation.
h.
The controls on occupancy limits inside the building and loitering outside of the building.
i.
The prevention of potentially adverse effects of the use on the value of adjacent properties.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.040 Animal keeping.
The purpose of this Section is to ensure that the raising and maintenance of animals do not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations.
A.
Pre-existing uses. A legally established nonconforming animal-keeping use shall be allowed to continue subject to section 25 (Nonconforming Uses, Structures, and Parcels).
B.
Uses not allowed. Live hogs, swine, pigs, pot-bellied pigs, roosters, cockerels, and wild animals shall not be allowed within the corporate limits of the city.
C.
Allowed uses. Animal-keeping uses allowed in article 2 (Zoning Districts and Allowable Land Uses) shall comply with the standards provided below and with other standards and requirements of this section and this zoning ordinance.
D.
(Reserved)
E.
(Reserved)
F.
Applicable state and local health and animal control regulations. The keeping of animals within residential zoning districts in the city shall be subject to the regulations and conditions of the Orange County Health Department and Animal Control Division.
G.
Animal keeping standards. In addition to the above regulations, the keeping of animals is subject to the following restrictions. Standards for the keeping of racing pigeons are provided in subsection 3.17.170 (Racing pigeons).
1.
Horses and other large farm-type animals. The keeping of horses and other large farm-type animals shall be allowed in the RS-15000 (Single-Family) zone, subject to the following conditions:
a.
Animals shall be maintained for the personal use of members of the family residing on the premises.
b.
Horses or other large farm-type animals shall not be kept on a lot having less than en thousand (10,000) square feet in area.
c.
Only one horse or large farm-type animal may be maintained on a lot having less than 15,000 square feet in area; not more than two animals may be kept on a lot having 15,000 to 20,000 square feet, or four animals on a lot having 20,001 to 30,000 square feet, or six animals on a lot having 30,001 square feet to one acre.
d.
Animal shall not be kept closer than 50 feet to an adjoining dwelling.
e.
Horses or any cleft-hoofed animals shall not be kept in the front yard setback area of any residential building.
2.
Dogs and cats.
a.
Number allowed. The keeping of not more than three dogs and/or cats over the age of six months shall be allowed in all residential zones.
3.
Other domestic household pets. The keeping of other domestic household pets, deemed by the director to be nondisruptive to adjoining properties, shall be allowed in all residential zones.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.050 Childcare facilities.
This section establishes standards for the provisions of childcare facilities in zoning districts where they are allowed in compliance with the provisions of article 2 (Zoning Districts and Allowable Land Uses). Childcare facilities shall be operated in compliance with state law and in a manner that recognizes the needs of childcare operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this zoning ordinance and requirements imposed by the California Department of Social Services. Licensing by the department of social services is required for childcare facilities.
A.
Types. Childcare facilities include the following types:
1.
Small childcare home (eight or fewer children). A residential unit that regularly provides nonmedical care, protection, and supervision to eight or fewer children, as incidental to the use of the unit as a residence, for periods of less than 24 hours per day. This use shall be considered a residential use of property for purposes of this subsection. Allowed within a single-family residence in zoning districts determined by article 2 (Zoning Districts and Allowable Land Uses). Except for a clearance from the fire department, no city land use permits or clearances are required.
2.
Large childcare home (nine to 14 children). A residential unit that regularly provides nonmedical care, protection, and supervision to nine to 14 children, as incidental to the use of the unit as a residence, for periods of less than twenty-four hours per day. This use shall be considered a residential use of property for the purposes of this subsection. Allowed within a single-family residence in zoning districts determined by article 2 (Zoning Districts and Allowable Land Uses), in compliance with the standards in paragraph B1.b. (Standards for Large Child Daycare Homes), below; and
3.
Childcare center (15 or more children). A childcare facility, other than a childcare home, that provides nonmedical care, protection, and supervision to 15 or more children for periods of less than 24 hours per day. Allowed in the zoning districts determined by Article 2 (Zoning Districts and Allowable Land Uses), in compliance with the standards in paragraph B2.b. (Standards for childcare centers), below.
B.
Standards for childcare facilities.
1.
Standards for large childcare homes.
a.
Care provider's residence. The large childcare home shall be the principal residence of the care provider and the use shall be clearly residential in character, and be incidental and sec-ondary to the use of the property as a residence.
b.
Licensed. A large childcare home shall be licensed by the State of California.
c.
Children. A large childcare home shall accommodate between nine to 14 children, including children less than 10 years of age who may reside in the home, provided:
d.
Separation standard. The facility shall not be located within 300 feet of another licensed large childcare home or childcare center.
e.
Fire department standards. The facility shall comply with the standards established by the city fire department.
f.
Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to 14 hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 8:00 a.m. and 7:00 p.m.
g.
Play areas and pools. An on-site outdoor play area of not less than 75 square feet per child, but in no case shall less than 450 square feet per facility, shall be required. The outdoor play area shall not be located in the front yard. A four-foot-high fence shall enclose outdoor play areas, and a five-foot-high fence shall enclose pools.
h.
Off-street parking and drop-off/pick-up standards.
(1)
Each facility shall provide an off-street parking space for each employee and a separate, off-street parking space for dropping-off and picking-up children. Spaces shall comply with the size requirements for parking spaces in subsection 3.14.050 (Development standards for parking); and
(2)
Residents located on through streets classified as collector or arterial streets shall provide a drop-off/pick-up area that does not require backing into the street.
2.
Standards for daycare centers. The following standards for childcare centers shall apply, in addition to those standards contained in paragraph B.1. (Standards for large childcare homes), above:
a.
Parcel size. The minimum parcel size for a childcare center shall be 10,000 square feet.
b.
License. Childcare centers shall be licensed by the State of California.
c.
Fence or wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety visibility area ([subsection] 3.11.150). Fences or walls shall provide for safety with controlled points of entry. A minimum three-foot-wide landscaped area shall be provided adjacent to the wall/fence and shall include a dense hedge of evergreen shrubs a minimum of four feet in height at the time of planting.
d.
Play areas. The facility shall provide play areas:
(1)
Indoor play areas. Indoor play areas shall be in compliance with state requirements requiring 35 square feet of indoor play area per child; and
(2)
Outdoor play areas. Outdoor play areas shall be in compliance with state requirements requiring 75 square feet of designated fenced outdoor play area for each child. Pools shall be enclosed by a minimum five-foot-high fence. A play area shall not be used as a parking area.
e.
Hours of operation. Unless approved to operate for 24 hours or as otherwise stated in the conditional use permit, hours of operation shall be confined to between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of 24 hours or more.
g.
Separation standards. The minimum separation between the main assembly building of the childcare center and an adjacent residential property line shall be 30 feet.
h.
Location. Wherever possible, childcare centers shall be located in existing institutional facilities and/or along major streets.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.060 Community care facilities.
This subsection provides standards for the establishment and operation of community care facilities. Community care facilities are allowed in compliance with article 2 (Zoning Districts and Allowable Land Uses). Small community care facilities serving six or fewer persons shall be in compliance with paragraph C., below. Large community care facilities serving seven or more persons shall be in compliance with paragraph D., below.
A.
Intent and purpose. The city recognizes the need of all persons to have equal access to housing and to live in an environment that facilitates the development of healthy individuals, families, and community. The city also recognizes the need to preserve the character of its residential neighborhoods and to ensure that all uses within those neighborhoods contribute to the overall health and safety of the neighborhoods. Therefore, the city establishes these regulations for nontraditional residential facilities that are allowed in compliance with article 2 (Zoning Districts and Allowable Land Uses).
B.
Applicability. Community care facilities shall be permitted in various land use districts throughout the city in compliance with the lists of land uses and applicable permit requirements of article 2 (Zoning Districts and Allowable Land Uses).
C.
Development standards for small community care facilities (serving six or fewer persons). Each small community care facility serving six or fewer persons shall conform to the property development standards for the zoning district in which it is located.
D.
Development standards for large community care facilities (serving seven or more persons).
1.
Conform to zoning district development standards. Each large community care facility serving seven or more persons shall conform to the property development standards for the zoning district in which it is located.
2.
Separation standard. Large community care facilities shall not be located within 300 feet of another similar facility.
3.
Walls. Large community care facilities shall provide a six-foot-high solid decorative block wall along all property lines, except in the front yard. Walls shall provide for safety with controlled points of entry and shall incorporate decorative materials and features including, but not limited to, "split-face" block, cobblestone, or slumpstone.
4.
Landscaping. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be regularly maintained, including providing irrigation.
5.
Lighting. On-site lighting shall be stationary and shall be directed away from adjacent properties and public rights-of-way. Intensity shall be no greater than one footcandle of illumination.
6.
Signs. Signs shall not be allowed within residential zoning districts. Signs for community care facilities within nonresidential zoning districts shall comply with section 15 (Signs).
7.
Fire department standards. Each large community care facility shall provide fire extinguishers and smoke detector devices and shall meet standards established by the Orange County Fire Marshal.
8.
Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
9.
State health and safety regulations. Large community care facilities shall be operated according to applicable state and local health and safety regulations.
10.
Required permits and licenses.
a.
Certificate of occupancy. Large community care facilities shall conform to the city's building code. A certificate of occupancy shall be obtained from the building department before large community care facilities are occupied.
b.
Business license. Large community care facilities shall obtain a business license in compliance with chapter 15 (Licenses and Permits) of the Municipal Code.
c.
Revocation of conditional use permit. A conditional use permit for a large community care facility may be revoked at any time by the council, in compliance with section 29 (Revocations and Modifications), provided that the council finds that the presence of the facility at its present location has resulted in the surrounding neighborhood sustaining a disproportionate and unreasonable level of vandalism, violence, or other acts of disruption.
11.
Density standards. Residential community care facilities shall have a total floor area that averages at least 350 square feet of floor area per resident, excluding parking. Where existing structural constraints preclude meeting this requirement, additional floor area to meet this requirement may be achieved through covered patios and decks.
12.
Open space requirements.
a.
Residential care facilities shall provide a minimum of 100 square feet of common outdoor usable open space area per resident and live-in caregiver.
b.
Open space areas to be counted toward the requirements of this section shall have a minimum dimension of not less than six feet in any direction and shall be easily accessible to residents.
c.
Outdoor areas shall be designed to provide amenities.
d.
The proposed improvement of required open space shall be designated on the plans submitted with the application, and shall be considered a part of the conditional use permit.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.070 Condominiums, conversions, and cooperatives.
A.
Application requirements.
1.
Preapplication conference. Prior to a formal application for a condominium conversion or construction of a condominium development, the applicant shall meet with the community development director to review and discuss the feasibility of the proposed project.
2.
Application requirements.
a.
An application for the applicable land use entitlement as identified in subsection 2.05.030 (Residential zoning district land uses and permit requirements) for a condominium conversion or construction of a condominium development shall be filed with the department. The application shall contain the information identified on the department handout for the construction or conversion of condominiums and shall be accompanied by a filing fee as set by the city's fee resolution.
b.
A subdivision tract map for condominium development shall be prepared and submitted to the city in accordance with the subdivision ordinance of the City of Cypress.
3.
Special conditions.
a.
Copies of the required codes, covenants, and restrictions (CC&Rs), articles of incorporation, bylaws, or other documents of the homeowner's association or other entity which controls the common facilities shall be submitted to the city for approval and shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair, and general upkeep.
b.
The city may vary from any or all of these conditions in addition to any others in order to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.
4.
Findings required. In compliance with subsection 4.19.070E. (Required findings) the community development department shall make the following findings before granting a conditional use permit for the conversion of condominium(s):
a.
The proposed location of the condominium is in accord with the objectives of this subsection and the purpose of the zone in which the site is located.
b.
The proposed location of the condominium and the conditions under which it would be maintained will not be detrimental to the public health, safety, or general welfare, or materially injurious to properties or improvements in the vicinity.
c.
The proposed condominium will comply with each of the applicable provisions of this zoning ordinance, except for approved variances.
B.
Development standards. Condominium conversions shall comply with the following minimum standards:
1.
Compliance with building and electrical codes.
a.
Condominiums and condominium conversions shall be developed in compliance with dwelling unit requirements outlined in the city's plumbing and electrical codes.
b.
Existing structures shall be made to comply with applicable building regulations of the city in effect at the time of filing of the conditional use permit.
2.
Tenant notification requirements. Each existing tenant of the project shall be given 180 days' advance notification of the intended termination of tenancy and offered the right to purchase this converted multiple dwelling unit 90 days prior to the unit being place for sale to the general public.
3.
Meters and control valves. Gas and electricity shall be separately metered for each unit.
4.
Off-street parking. A minimum of one and one-half (1.5) spaces per unit shall be provided.
5.
Laundry facilities. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities within the project.
6.
Smoke detectors. Each unit shall be provided with approved smoke detectors.
7.
Condition of equipment and appliances within units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit stating that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner included within the unit is in working condition, and shall provide a one-year warranty covering major repairs on all appliances and equipment.
8.
Fire walls. Firewalls for residential condominiums shall meet existing building code standards for the type of condominium proposed.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. 1206, 11/13/2023)
3.17.080 Drive-through facilities.
This subsection provides locational and operational standards for the establishment of drive-through facilities, in compliance with article 2 (Zoning Districts and Allowable Land Uses). Drive-through facilities shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness, subject to the following criteria and standards:
A.
Entrance to aisle. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.
B.
Distance from intersection.
1.
Each drive-through entrance/exit shall be at least 150 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs.
C.
Queuing area. Each drive-through facility shall have a minimum queuing area 10 feet wide by 100 feet long. The total one-hundred-foot length of the queuing area shall include a minimum of 60 feet up to the menu and 40 feet up to the pay window.
 Figure 3-16 Queuing Area |
D.
Separation of aisle. Curbing and landscaping shall separate each drive-through aisle from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
E.
Walkways. Pedestrian walkways should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
F.
Interior radius. Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum twelve-foot width.
G.
No reduction in parking. The provision of drive-through service facilities shall not justify a reduction in the number of required parking spaces.
H.
Screening. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjoining public rights-of-way and parking lots.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.090 Garage sales.
This subsection provides locational and operational standards for the establishment of garage and private yard sales, in compliance with article 2 (Zoning Districts and Allowable Land Uses).
A.
Garage sale permit required. The seller shall apply for and receive a no fee garage sale permit from the city before commencement of a garage sale. The garage sale permit shall be in the seller's possession during the time the garage sale is being conducted.
B.
Standards.
1.
Single-family dwellings shall be allowed a maximum of two garage sales per calendar year at the same address.
2.
Multi-family dwellings shall be allowed a maximum of two garage sales per calendar year per lawful dwelling unit.
3.
A garage sale may not last longer than three consecutive days.
4.
Garage sale activity shall be limited to the hours of 8:00 a.m. to 5:00 p.m.
5.
Only the residents of a property may conduct a garage sale.
6.
Garage sale activity may not be conducted in the public right-of-way, including streets, sidewalks, parkways, or alleys.
7.
Items sold at garage sales shall be used goods, wares, or merchandise of a household nature, and shall not have been acquired elsewhere for resale.
8.
Garage sale advertising signs shall not be posted on telephone poles, streetlights, traffic signs, or any other structure or location within the public right-of-way. Garage sale signs may not be posted earlier than one day before the first date of the garage sale nor more than one day after the last date of the garage sale.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.100 Hazardous materials facilities.
This subsection establishes special regulations for businesses involved in the use, processing, handling, treatment, storage, manufacture, or transport of hazardous materials, where allowed in compliance with article 2 (Zoning Districts and Allowable Land Uses). The purpose of these regulations is to ensure adequate protection of public health, safety, and the environment without imposing undue restrictions on businesses and developments.
A.
Definition. For the purposes of this subsection, "hazardous materials" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.
B.
Permit requirements.
1.
Conditional use permit. A conditional use permit in compliance with section 4.19.070 (Conditional Use Permits) shall be required for any new commercial, industrial, institutional, or accessory use, or major addition (over 10%) to an existing use that involves the use, processing, handling, treatment, storage, manufacture, or transport of hazardous materials in sufficient quantities that would require permits as hazardous materials under the California Fire Code (105h1). Hazardous materials facilities shall meet the criteria identified in this subsection unless the planning agency finds that one or more criteria should be relaxed to meet an overriding public need.
2.
Application form. Every application for a hazardous materials facility project shall be made in writing to the department on the forms provided by the department. The application shall contain information required in the department handout for construction and operation of hazardous materials facilities and shall be accompanied by a filing fee as set by the city's fee resolution.
C.
Conflict of interest restriction. The person, or entity, preparing the documents required by CEQA shall not be the same person, or entity, which acts as a consultant to the local assessment committee (LAC).
D.
Proceedings.
1.
State law procedures. Applications for hazardous materials facility projects shall follow the procedures set forth in Health and Safety Code sections 25199 et seq., Public Resources Code sections 21000 through 21177, and Government Code sections 65920 et seq.
2.
Public education/participation program. Applications for hazardous materials facility projects shall contain a proposed public education/participation program to be employed during the local land use decision-making process. The plan shall be mutually agreeable to the project proponent and the director.
3.
Comments on environmental reports. The local assessment committee, as a unit, shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate.
4.
Completion of application. No later than 30 working days after the application is submitted for filing, the community development director shall determine whether an application is complete for filing purposes.
5.
Determination of consistency with general plan and city ordinances, regulations, and guidelines. At the request of the applicant, the director shall, within 90 calendar days after the application has been deemed complete, issue an initial written determination on whether the project is consistent with the city's general plan and applicable zoning ordinances, and whether it meets the environmental guidelines of the city for implementing CEQA. This determination will not prohibit the city from making a different determination when the final decision is made, if the decision is based on information that was not considered when the initial determination was made.
6.
Public hearing requirements.
a.
Within 90 days after the application is deemed complete, the planning agency shall hold a hearing on the application for a hazardous materials facility project.
b.
In addition to the hearing required in paragraph a., above, a public hearing upon the application shall be set before the planning agency when:
7.
Mailing labels. Not later than one month prior to a public hearing scheduled either by the city or the governor's office of permit assistance, the applicant shall provide three sets of mailing labels indicating all owners of record as shown on the latest county equalized assessment roll that lie within a two-thousand-foot radius of the boundary or land owned by the project applicant and three sets of mailing labels indicating all residents, tenants, and businesses within a two-thousandfoot-foot radius of the boundary or land owned by the project applicant.
E.
Required findings. The findings below shall be made in writing prior to making a land use decision that will allow the siting of a hazardous materials facility project.
1.
The project must be found to be consistent with the city's general plan.
2.
The project must not be found to be detrimental to the public health, safety, or general welfare.
3.
The project site must already be served or will be served adequately by roads and other public or private service facilities.
4.
The project must be found to meet or exceed each requirement of this zoning ordinance.
5.
The environmental impacts identified in the environmental impact report (EIR) or negative declaration have been adequately mitigated, and a mitigation monitoring program has been established for each mitigation measure.
F.
Limitations on conditional use permit approval.
1.
Other city imposed conditions and standards. The city may impose, as necessary, conditions and standards other than those presented in this subsection 3.17.100 and in the land use element of the Cypress General Plan, in order to achieve the purposes of this zoning ordinance and to protect the public health, safety, or general welfare.
2.
Volume or type of hazardous materials in excess of current volume or type. A hazardous materials facility shall not be approved if the facility will manage a volume or type of hazardous materials in excess of that generated within the city and not currently being managed by a facility located in Cypress unless satisfactory compensation is made to the city, or a joint powers or a governmental agreement provides otherwise.
3.
Modifications in approved volume or type of hazardous materials. Any modifications of the types and quantities of hazardous materials to be managed at the facility which were not included in the approved application for land use, including the conditional use permit, shall be approved by the city through an amendment to the conditional use permit, in compliance with to section 29 (Revocations and Modifications), before the modifications occur at the facility.
4.
Contingency operation plan. Every hazardous materials facility project shall have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency plan approved by the California Department of Health Services shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the chief of police, fire chief, each hospital within 10 miles, and the Orange County Department of Environmental Health.
5.
Closure plan. The owner or operator of a hazardous materials facility project shall, prior to the local land use decision, submit to the director a written closure plan approved by DHS. All revisions to the closure plan shall also be submitted to the director.
6.
Evidence of financial responsibility. Before issuance of an occupancy permit to begin the use identified on the land use decision, the applicant shall submit, to the city manager, proof that it has met all of the financial responsibility requirements imposed by DHS and any other state or federal agency.
7.
Hold harmless and indemnification. The applicant agrees to protect, defend, indemnify, and render harmless the city and its council, city attorney, and all officers, employees and agents of the city against and from all claims, actions, or liabilities relating to the land use decision or arising out if its implementation at the site.
8.
Annual emergency response preparedness report. Owners or operators of facilities shall prepare and submit an annual emergency response preparedness report to the director. The report shall be initialed by each person at the facility who has emergency response responsibilities.
9.
Annual air, soil, and groundwater monitoring report. Owners and operators of facilities shall submit an annual air, soil, and groundwater monitoring report to the community development director.
10.
Payment of costs of response to release or threatened release of hazardous materials. The facility owner or operator shall be responsible for all costs incurred by the City of Cypress and its officers, agents, employees, or contractors, for responding to a release or threatened release of a hazardous material at or en route to or from the facility.
11.
Extremely hazardous materials report. Any storage, treatment, or transportation of extremely hazardous materials as defined in section 25115 of the Health and Safety Code, by the facility owner or operator shall be reported to the director at least 48 hours before the storage, treatment, disposal, or transportation.
12.
Costs of compliance. All costs of compliance with this subsection 3.17.100 shall be borne by the facility owner or operator.
13.
Enforcement by city. The city may employ any and all methods permitted by law to enforce these provisions.
14.
Time limits for commencement of construction and termination of conditional use permit. The life of the land use decision shall be determined at the time of approval and shall not exceed en (10) years. The project proponent shall commence substantial construction of the facility within two years of the land use decision, and the construction shall be pursued diligently to completion.
G.
Standards and criteria. The following standards are intended to ensure that the use, processing, handling, treatment, storage, manufacture, and transportation of hazardous materials comply with all applicable state laws (Government Code section 65850.2 and Health and Safety Code section 25505, et seq.) and that appropriate information is reported to the city.
1.
Compliance requirements.
a.
Hazardous materials facility projects in the city shall comply with the hazardous materials siting policies, standards, and location criteria in the land use element of the general plan and the provisions of this subsection.
b.
Hazardous materials facilities projects shall be consistent with all general plan requirements, applicable zoning regulations, and other planning actions or policies that were in place at the time the applications for approval were deemed complete.
c.
The project proponent shall fund an independent study of the effect of the facility on real property values within the city. While the proponent shall fund the study in advance, the city shall hire and control the work of the consultant conducting the study. The study shall be completed prior to an action on the application by the LAC, so that the information contained in the study may be considered by the LAC.
d.
The city may, at its discretion, explore, review, and impose appropriate taxes, user fees, and other revenue or compensation options.
e.
The project proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study, in advance, the city shall hire and control the work of the consultant conducting the study. The study shall be completed prior to action on the application by the LAC, so that the information contained in the study may be considered by the LAC.
2.
Safety and security.
a.
The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.
b.
The operator shall provide a twenty-four-hour surveillance system which continuously monitors and controls entry onto the facility.
c.
Perimeter fencing shall be constructed to the satisfaction of the director.
d.
Signs with the message "DANGER HAZARDOUS MATERIALS AREA - UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other appropriate locations. The sign shall be written in both English and Spanish and shall be legible from a distance of at least 25 feet.
H.
Monitoring.
1.
Entrance by city upon premises. Upon reasonable notice, and for the purpose of ensuring compliance with the standards, conditions, and other requirements which the city is authorized to enforce under its police power, city officials or their designated representatives may enter the premises on which a hazardous materials facility permit has been granted.
2.
Quarterly report of hazardous materials. The owner or operator of a facility shall report quarterly to the public works department the amount, type, and disposition of materials in the possession of the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous materials, and a map showing the exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of onsite.
3.
Complaints. The owner or operator of a hazardous materials facility shall immediately send copies of all complaints as to facility operations, and copies of all inspection reports made by other local, state, or federal agencies, to the director.
4.
Emergency response plan. The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the director.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.110 Home occupations.
This subsection provides operational standards for the review and approval of home occupation permits in compliance with subsection 4.19.090 (Home occupation permits).
A.
Maintain residential nature. Home occupations shall not interrupt or interfere with the general nature or residential character of the residential neighborhoods in which they are located.
B.
Location. A home occupation business generally shall be conducted within a dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off-street parking requirements for the applicable zoning district are met.
C.
Activities restricted to main structure. No structure or space outside of the main structure shall be used for the home occupation business except approved horticultural-related activities.
D.
Alterations. The appearance of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a nonresidential use.
E.
Residents only. No one other than a resident of the dwelling may be employed by a home occupation operating within that dwelling.
F.
Equipment. Motor or mechanical equipment shall not be allowed other than that normally incidental to the residential use of the structure.
G.
Trip generation. Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding residential district.
H.
Hazardous materials. Storage of materials and/or supplies, indoors or outdoors, shall not be allowed which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.
I.
Activities restricted to one room. One room only in the dwelling shall be employed for the use of the home occupation.
J.
Utilities. The use of utilities or community facilities shall not exceed the normal usage levels for residential properties.
K.
Noise. Home occupations may not create any radio or television interference or noise audible beyond the boundaries of the site.
L.
Nuisance factors. Home occupations may not emit any smoke, odor, liquid, or solid waste.
M.
Outside storage. Outdoor storage or display of materials or equipment shall not be maintained on the premises.
N.
Parking. The conduct of a home occupation may not interfere with the maintenance of any required parking spaces, including spaces required to be provided in a garage.
O.
Business tax certificate. A business tax certificate shall be obtained from the finance department.
P.
Sales. Direct sales shall not be conducted on the premises of a home occupation.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.120 Kennels.
This subsection provides locational and operational standards for kennels for the purpose of protecting residents from the potentially adverse affects of kennels within the city.
A.
General requirements.
1.
Resident owner or operator. The owner or operator of a kennel shall reside on the premises.
2.
License requirements. The owner or operator of a kennel shall obtain and continuously maintain all necessary animal licenses from the county's animal control department.
3.
Exemptions.
a.
The keeping of dogs, cats, and other small animals that does not constitute a kennel as defined by this zoning ordinance shall be subject to the requirements of subsection 3.17.040 (Animal keeping).
b.
The requirements of this subsection do not apply to small animals, specialty animals, dogs, or cats that are kept for sale in zones where retail sales are permitted provided that:
B.
Site development standards.
2.
Separation requirements. Kennels shall not be kept closer than ___________ feet to an adjoining dwelling. Where a kennel is located on property abutting any residential property, enclosures shall not be located within 50 feet of any interior side lot line or within 25 feet of the rear lot line.
C.
Design standards.
1.
Enclosures shall be adequate in size, configuration, and materials (e.g., fencing and caging systems, flooring, walls, site drainage and disposal systems etc.) to contain the animals intended to be enclosed.
2.
The kennel enclosure shall be screened by a nontransparent fence/wall at least six feet in height.
3.
Soundproofing measures to control the intensity of internal and external noise levels (e.g., acoustic roof, wall cladding, etc.) may be required by the director.
D.
Operational standards.
1.
The premises shall be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies or the creation of offensive odor. Odors shall not be detectable beyond the lot lines of the property where the kennel is located.
2.
Kennels shall conform to the regulations regarding noise found in article 7 (Noise Control) of chapter 13 (Health and Sanitation) of the Municipal Code.
3.
Dust and drainage from the kennel enclosure shall not create a nuisance or a hazard to adjoining property uses.
E.
Kennels in existence before adoption of Zoning Ordinance. A kennel that was lawfully established before the adoption of this zoning ordinance may continue to operate as a legal nonconforming use in compliance with Section 25 (Nonconforming Uses, Structures, and Parcels.
F.
Expansion or alteration of kennels. A kennel may expand or be altered in compliance with the standards in this Subsection and the standards for the zoning district in which it is located. When a proposed expansion or alteration (e.g., an increase in the number of animals, a relocation or expansion of high activity areas (dog runs), etc.) will increase the intensity of the use, a modification to the Conditional Use Permit shall be required. The conditional use permit shall be revoked if:
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.130 Hotels/motels.
This subsection provides operational standards for hotels and motels.
A.
Operational standards. Hotels and motels shall comply with the following operational standards:
1.
On-site management. On-site management shall be available 24 hours a day, seven days a week.
2.
Minimum weekly maid service. Not less than weekly maid and housekeeping service shall be provided for each guest room. Maid and housekeeping service means basic cleaning, including vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels.
3.
Minimum twenty-four-hour rental time period. A hotel/motel room shall not be rented more than once in a twenty-four-hour period.
4.
Registration information and record-keeping requirements.
a.
Type of registration information to be collected. Hotels/motels shall maintain daily records reflecting the:
(1)
Names and permanent addresses of hotel/motel guests, as verified by valid driver's license or other valid identification along with the license number, state of license, make, model and year of a guest's vehicle parked onsite or the corporate account information and guest names;
(2)
Dates of occupancy;
(3)
Length of stay; and
(4)
Room rate.
b.
Length of time required for maintenance of daily records. Registration information shall be maintained for at least one year past the last day of stay for each guest.
c.
Availability of daily records for review. Registration information shall be made available for review by a duly sworn peace officer of the city, state, or federal government or an authorized official of code enforcement or the finance department during normal business hours.
d.
Misrepresentation of material facts. A person who knowingly or intentionally misrepresents material facts required in this subsection shall be deemed guilty of a misdemeanor.
B.
Restrictions on long-term occupancy. A hotel/motel shall not allow long-term occupancy of a room unless all the following conditions are met, in which case a maximum of 15% of the rooms may be rented to residential tenants subject to approval of a conditional use permit in compliance with subsection 4.19.070 (Conditional use permits).
1.
In-room telephone service shall be provided for each long-term occupancy guest room.
2.
Each room rented for long-term occupancy shall be a minimum of 275 square feet.
3.
Each room rented for long-term occupancy shall contain a kitchenette (portion of the room containing any combination of facilities of sufficient size for the preparation of meals) or shall have onsite room service available.
C.
Time limits for complying with requirements.
1.
Schedule of compliance dates. A hotel or motel not in compliance with this subsection shall be brought into compliance according to the following schedule:
a.
Within one year, February 12, 1999, all hotels/motels shall comply with the requirements of paragraph A. above; and
b.
Within one year, February 12, 1999, the number of guest rooms rented for long-term occupancy in each hotel/motel shall not exceed 30% of the total number of guest rooms in the hotel/motel, and long-term occupancy guest rooms shall comply fully with numbers 1., 2., and 3. of paragraph B. above; and
c.
Within two years, February 12, 2000, the number of guest rooms rented for long-term occupancy in each hotel/motel shall not exceed 20% of the total number of guest rooms in the hotel/motel, and long-term occupancy guest rooms shall comply fully with numbers 1., 2., and 3. of paragraph B. above; and
d.
Within three years, February 12, 2001, the number of guest rooms rented for long-term occupancy in each hotel/motel shall comply fully with numbers 1., 2., and 3. of paragraph B., above.
2.
Other applicable provisions. The provisions of section 25 (Nonconforming Uses, Structures, and Parcels) shall also apply.
3.
[Conditional use permits.] A hotel, of a caliber of not less than that defined as a "moderate first class hotel" as that term is customarily defined by the official hotel guide classification system, may apply for a conditional use permit to permit long-term occupancy of rooms up to 25% of the total annualized room nights (total on-site hotel rooms × 365 nights/year) on-site, provided all the following conditions are met:
a.
All the conditions in paragraphs 1., 2., and 3., above, are met.
b.
The hotel is either owned by a nationally recognized parent company or is flagged as a nationally recognized chain hotel that has a national reservation system and is licensed under a national franchise license agreement between that chain and a local investor/owner.
c.
The hotel offers incidental services such as regular linen service, on-site lobby service, meeting rooms, food service, or recreational opportunities.
d.
The hotel is operated as a for-profit business offering lodging to the general public for a fee and not used for private lodging purposes.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.140 Manufactured housing.
This subsection provides development standards for the establishment of manufactured dwellings.
A.
Development standards. Manufactured dwellings shall be allowed in compliance with Government Code section 65852.3, subject to the same development standards as a single-family dwelling for any given parcel. The standards include building setbacks, side and rear setback requirements, minimum square footage, and parking, access, and enclosure requirements.
B.
Architectural compatibility. Manufactured dwellings shall be architecturally compatible with adjoining single-family dwellings. Architectural features (e.g., roof overhangs, roofing materials, exterior siding, stucco, etc.) shall be constructed to match the same features on adjoining residential properties in the same zoning district.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.150 Outdoor display and sales.
This section provides development and operational standards for temporary and permanent outdoor display and sales uses. Outdoor uses on public property within the public right-of-way shall require an encroachment permit issued by the public works department.
A.
Temporary outdoor displays and sales. Temporary outdoor displays and sales may be allowed, subject to the requirements and approval of a temporary use permit, in compliance with the following standards:
1.
The permit shall identify a fixed period of time for the display or sale, or where not identified, the display or sale shall not exceed two days for a temporary event;
2.
Operating hours. Regulation of operating hours and days, as identified by the permit, shall be required;
3.
Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, shall be provided in compliance with section 14 (Off-Street Parking and Loading);
4.
Performance bond. Submission of a performance bond or other surety measures, satisfactory to the director, may be required to ensure that temporary facilities or structures used would be removed from the site within seven days following the termination of the event, and to ensure that the property would be cleaned of debris and litter so as to be completely free of all evidence of the temporary activity;
5.
Sanitary facilities. Sanitary facilities, as identified in the permit, shall be provided;
6.
Security. Security and safety measures, as identified in the permit, shall be provided;
7.
Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and a safe environment for pedestrians and vehicles;
9.
Temporary structures. Regulation of temporary structures and facilities shall be required, including location, height and size, and location of equipment and open spaces, including buffer areas and other yards;
10.
Waste collection and disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided; and
11.
Other conditions. Any other conditions that would ensure the operation of the proposed temporary event in an orderly and efficient manner shall be required.
B.
Permanent outdoor displays and sales. The permanent outdoor display/sale of merchandise may be allowed subject to staff review in compliance with subsection 4.19.060 (Design review) or as part of the conditional use permit. Additionally, the following standards shall apply:
1.
Height of displayed materials. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade. A greater height may be allowed with the approval of a conditional use permit.
2.
Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic sight areas or otherwise create hazards for vehicle or pedestrian traffic.
3.
Operating hours. The hours of operation shall be restricted to 8 a.m. to 10 p.m., if within 300 feet of a residential zoning district, or as identified in a permit.
4.
Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.
5.
Screening required. Outdoor sales and activity areas shall be screened from adjacent public rights-of-way by decorative walls, fences, screen material, and/or landscaping in compliance with [subsection] 3.11.100 (Screening and Buffering). This requirement shall not apply to:
a.
Plant nurseries;
b.
Vehicle, boat, motorcycle, or recreational vehicle sales;
c.
Limited on-site walkway displays adjacent to commercial development greater than 50,000 square feet; or
d.
Outdoor displays of tires provided the display does not exceed 60 inches in height and is no more than a total of 20 linear feet in length.
6.
Signs. Additional signs, beyond those normally allowed for the subject use, shall not be allowed as a result of the outdoor display and sales area;
7.
Other conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.160 Outdoor storage.
This subsection provides locational and operational standards for the establishment of outdoor storage areas, in compliance with article 2 (Zoning Districts and Allowable Land Uses), which shall be subject to the following criteria and standards.
A.
Design review. Uses and storage conducted outside of an enclosed structure in a commercial zoning district shall be subject to city staff review through the design review process, in compliance with subsection 4.19.060 (Design review).
B.
Screening. Outdoor storage areas shall be entirely screened from view from public rights-of-way with a decorative fence or wall not less than six feet in height.
C.
Operations to be within enclosed structure. Manufacturing and assembly operations shall not be performed outside of an enclosed structure.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.170 Racing pigeons.
This subsection provides standards for the keeping and/or raising of racing/homing pigeons in zoning districts where they are allowed in compliance with article 2 (Zoning Districts and Allowable Land Uses).
A.
[Keeping in residential zones.] The keeping of racing/homing pigeons is allowed in residential zones subject to approval of a conditional use permit in compliance with subsection 4.19.070 (Conditional use permit).
B.
Maximum number to be kept. A maximum number of 100 pigeons may be kept on a parcel containing at least one dwelling unit. A conditional use permit may specifically limit the number of allowed pigeons to less than 100, depending on the parcel size, or the number of dwelling units on a parcel, or the nature of surrounding uses.
C.
Restrictions on flights.
1.
Maximum number to be released. No more than 40 pigeons may be released at any one time for exercise or training purposes.
2.
Maximum number of flights per twenty-four-hour period. No more than two flights shall be allowed within a twenty-four-hour period.
3.
Allowed times of flights. Pigeons shall only be released to fly between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. When racing pigeons have been released from a distant location on a weekend, they shall be allowed to fly into the loft upon their return.
D.
Height and enclosure requirements. Pigeons shall be kept and fed in an enclosed loft, pen, coop, pigeon house, or other similar structure not to exceed eight feet in height, and which is capable of confining the pigeons until the time of release. If the structure is greater than 120 square feet in size, a building permit shall be required.
E.
Location of pigeon lofts. Pigeon lofts shall be located on the rear one-third of the property, at a distance no less than 20 feet from adjacent habitable dwellings. A fully dimensioned site plan shall be submitted to the community development department as part of the initial conditional use permit application. This site plan shall illustrate the location of the loft, other uses associated with the keeping of pigeons, and the loft's relation to side and rear property lines and adjacent dwellings.
F.
Maintenance and cleaning requirements.
1.
Removal of droppings from pigeon housing. Structures where pigeons are housed shall be kept and maintained in a sanitary condition. Refuse and droppings shall be removed from the premises at least once each calendar week.
2.
Compliance with other regulations. The owner shall comply with the rules and regulations of the city's health department and/or animal control pertaining to sanitary conditions and maintenance of the premises. Failure to comply with these regulations shall be cause for revocation of a conditional use permit in compliance with section 29 (Revocations and Modifications).
3.
Removal of droppings from entire premises. The owner or person in charge of keeping the pigeons shall maintain the property and all features of the property, including roofs, driveways, and walkways in a clean manner, void of any visible pigeon droppings. Failure to comply with this regulation shall be cause for revocation of a conditional use permit in compliance with section 29 (Revocations and Modifications).
G.
Landing on adjacent structures or property prohibited. Pigeons shall not be allowed to land or perch on the structures or property of others. Failure to comply with this regulation shall be cause for revocation of a conditional use permit in compliance with section 29 (Revocations and Modifications).
H.
Commercial breeding prohibited. Pigeon business or breeding activities for commercial purposes shall not be conducted on or from the premises or property. Failure to comply with this regulation shall be cause for revocation of a conditional use permit in compliance with section 29 (Revocations and Modifications).
I.
Membership in pigeon racing organization. The pigeon owner shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other recognized pigeon racing organization with annual registration by licensee of the individual birds. Written proof of annual registration shall be provided annually to the department.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.180 Recreational vehicles.
This subsection provides standards for the parking and/or outside storage of recreational vehicles.
A.
Single-family dwellings and duplexes. Storage of recreational vehicles on properties developed with a single-family dwelling or duplex are subject to the following requirements.
1.
Setbacks. A recreational vehicle bearing a current license plate and owned by and titled to an occupant of a residential dwelling may be parked and/or stored in the rear open space of a residence not less than 10 feet from the rear lot line when abutting a residential dwelling and not less than five feet from a side lot line which abuts a residential dwelling and not less than 25 feet or the equivalent of the side setback of the main structure, whichever is least, when abutting an adjacent side street.
2.
Loading and unloading time periods. A recreational vehicle may be parked on a driveway for purposes of loading and/or unloading for a total of not more than six days (144 hours) during any one calendar month; provided, however, that each loading and/or unloading period shall not exceed three consecutive days (72 hours).
3.
Living or working in recreational vehicles prohibited. Recreational vehicles shall not be used for living or working purposes within the city.
4.
Sewer, electrical, and water utility hook-ups prohibited. Recreational vehicles shall not be connected to a sewer, electrical, or water system of any kind.
B.
Multi-family dwellings. Storage of recreational vehicles on properties developed with a multi-family dwelling is prohibited.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. 1206, 11/13/2023)
3.17.190 Recycling facilities.
This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
A.
Permit requirements. Recycling facilities are subject to permit review/approval in compliance with article 2 (Zoning Districts and Allowable Land Uses), provided the following standards are met.
B.
Development and operating standards. Recycling facilities shall comply with the following standards:
1.
Reverse vending machines. Reverse vending machine(s) shall be allowed in all commercial and manufacturing zoning districts, subject to compliance with the following standards:
a.
Machines shall be installed as an accessory uses in compliance with the applicable provisions of this development code, and shall not require additional parking;
b.
If located inside of a structure, machines shall be situated within 30 feet of the entrance and shall not obstruct pedestrian circulation;
c.
If located outside of a structure, machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);
d.
Shall not exceed 50 square feet for each installation, including any protective enclosure, nor eight feet in height;
e.
Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
f.
Shall have operating hours which are consistent with the operating hours of the principal use; and
g.
Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
2.
Collection centers.
a.
Small collection facilities. Small collection facilities are allowed provided the following standards are met:
(1)
Shall not exceed an area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers;
(2)
Shall be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
(3)
Shall accept only CRV glass, aluminum, or plastic containers, paper, and other recyclable items;
(4)
Shall not use power-driven processing equipment except for reverse vending machines;
(5)
Shall use containers that are constructed with durable waterproof and rustproof material(s), secure from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;
(6)
Shall not be located within 50 feet of any parcel zoned or occupied for residential use;
(7)
Containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;
(8)
Signs may be provided as follows:
(a)
Collection facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet whichever is less. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
(b)
Signs shall be both compatible and harmonious with the character of their location; and
(9)
Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the principal use. One space shall be provided for the attendant, if needed;
(10)
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and
(11)
Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the principal use unless a parking study shows that existing capacity is not fully utilized during the time the mobile recycling facility would be on the site.
b.
Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a principal use, provided the following standards are met.
(1)
The facility shall not be located within 100 feet of a residential use;
(2)
The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure in compliance with subsection 3.11.100 (Screening and buffering);
(3)
Structure setbacks and landscaping shall be provided as required for the zoning district;
(4)
Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls;
(5)
The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and would be cleaned of loose debris on a daily basis;
(6)
Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district; constructed of sturdy, rustproof material(s); have sufficient capacity to accommodate materials collected; and be secured from unauthorized entry or removal of materials; and
(7)
Dust, fumes, odor, smoke, or vibration above ambient levels shall not be detectable on adjoining parcels.
3.
Recycling processing facilities. Recycling facilities are allowed in compliance the following standards:
a.
The facility shall not be located within 100 feet of a residential use;
b.
Light recycling processing facilities:
(1)
Are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials; and
(2)
Shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers.
c.
A heavy recycling processing facility may exceed 45,000 square feet and exceed two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;
d.
Exterior storage of material shall be in sturdy containers or enclosures that are maintained and secured in good condition. Outdoor storage shall be separated from public rights-of-way by solid masonry walls. Storage, excluding truck trailers, shall not be visible above the height of the required screen or walls;
e.
Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district; constructed of sturdy, rustproof material(s); have sufficient capacity to accommodate materials collected; and be secured from unauthorized entry or removal of the materials; and
f.
Dust, fumes, odor, smoke, or vibration above ambient levels shall not be detectable on adjoining parcels.
4.
Waste paper and aluminum transfer centers. Waste paper and aluminum transfer centers are allowed in compliance with the standards for large collection facilities in paragraph (2)(b), above.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.200 Accessory dwelling units.
A.
Purpose. The purpose of this subsection is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code sections 65852.2 and 65852.22.
B.
Effect of conforming. An ADU or JADU that conforms to the provisions of this subsection shall:
1.
Be deemed an accessory use or an accessory building and shall not be considered to exceed the allow-able density for the lot upon which it is located;
2.
Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located; and
3.
Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
C.
Application and review procedures.
1.
Review. Applications for ADUs or JADUs shall be considered ministerially through the plan check process. The director or their designee shall consider and approve or disapprove a complete application for an ADU or JADU within 60 days from the date the city receives a complete application. Review is limited to whether the proposed ADU or JADU complies with the requirements of this subsection.
a.
If the application to create an ADU or JADU is submitted concurrently with an application to create a new single-family, two-family, or multi-family dwelling on the lot, the director may delay acting upon the application for the ADU or JADU until the city acts on the application to create the new single-family, two-family, or multi-family dwelling.
b.
If the director disapproves an application for an ADU or JADU within the 60-day review period, the director shall return in writing to the applicant a complete list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
c.
If an application proposes to demolish a detached garage and replace it with an ADU, the demolition permit shall be reviewed concurrently with the ADU application.
2.
Nonconformities. The director shall not disapprove an application for an ADU or JADU due to the presence of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.
D.
Locations permitted.
1.
ADUs conforming to the provisions of this subsection may be located on any lot in the city that is zoned to allow single-family or multi-family residential uses and that includes a proposed or existing legally developed single-family, two-family or multi-family dwelling.
2.
JADUs conforming to the provisions of this subsection may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses.
3.
ADUs and JADUs shall not be permitted on any parcel that has obtained a permit for a two-unit development and urban lot split pursuant to Government Code Sections 65852.21 and 66411.7.
E.
Number of ADUs and JADUs permitted.
1.
Single-family lots. No more than one ADU and one JADU is permitted on a lot developed or proposed to be developed with a single-family dwelling.
2.
Multi-family lots. A multi-family lot shall be permitted either:
a.
No more than two detached ADUs if the lot is developed or is proposed to be developed with a two-family or multi-family dwelling; or
b.
Up to 25% of the number of existing multi-family dwelling units within existing multi-family or two-family dwelling structures. The ADUs must be converted from portions of the existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. For the purposes of calculating the number of allowable ADUs, the following shall apply:
F.
Development standards. Except as modified by this subsection, ADUs and/or JADUs shall conform to the development standards applicable to the lot on which it is located as set forth in the Cypress Zoning Ordinance and/or in an applicable specific plan.
1.
Lot area. There shall be no minimum lot area required in order to establish an ADU or JADU.
2.
Unit size.
a.
ADUs.
i.
No ADU shall exceed 1,200 square feet in size.
ii.
An attached ADU that is created on a lot with an existing or proposed single-family dwelling is further limited to 50% of the floor area of the existing or proposed primary dwelling.
iii.
An ADU constructed solely through the conversion of an existing building or structure or in the same location and same dimensions as an existing structure shall be limited in size to the existing square footage of the building or structure converted or replaced, except that an expansion of not more than 150 square feet is permitted to accommodate ingress and egress to the ADU only.
iv.
The application of requirements related to lot coverage, floor area ratio, open space, and front setbacks may further limit the size of an ADU; however, in no case shall the application of such requirements limit the size of an ADU to less than 800 square feet.
b.
JADUs. No JADU shall exceed 500 square feet in size.
c.
Minimum size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit, as defined in Health and Safety Code Section 17958.1.
3.
Setbacks.
a.
Minimum setbacks of no less than four feet from the side and rear property lines are required for newly constructed ADUs.
b.
The minimum setback from the front property line shall be the same setback requirement that applies to the primary dwelling.
c.
For conversion of an existing building or structure or replacement in the same location and same dimensions as an existing structure, no additional setback is required beyond the existing setback, provided it is sufficient for fire and safety.
4.
Height.
a.
Detached ADUs shall not exceed one story and a height of 16 feet, unless one of the following exceptions applies:
i.
If located within one-half mile of a transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, the detached ADU may be 18 feet in height and up to 20 feet if necessary to match the roof pitch of the ADU to that of the primary dwelling.
ii.
Detached ADUs located on a lot with an existing or proposed multi-story two-family or multi-family dwelling shall not exceed 18 feet in height.
b.
Attached ADUs shall not exceed two stories and a height of 25 feet.
5.
Parking.
a.
ADUs. A minimum of one parking space shall be provided for each ADU unless they are not required pursuant to paragraph (5.b) below. The required parking space may be permitted in setback areas or through tandem parking on a driveway.
b.
Exceptions. Off-street parking for the ADU is not required in the following instances:
i.
The ADU is a studio;
ii.
The ADU is located within one-half mile walking distance of public transit, as that term is defined in Government Code Section 65852.2; or
iii.
When parking for the ADU is not required pursuant to Government Code Section 65852.2(d).
c.
JADUs. No parking shall be required for JADUs.
d.
No Replacement. When a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or JADU, those off-street parking spaces are not required to be replaced.
6.
Kitchens.
a.
ADUs. ADUs shall have a kitchen, as required by the Building Code, which shall include a kitchen sink, cooking device, refrigeration, food preparation counter, and storage cabinets.
b.
JADUs. JADUs shall include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
7.
Design. Exterior finished materials on the ADU or JADU shall match the exterior finished materials for the primary dwelling unit.
8.
Fire sprinklers. Fire sprinklers are required in an ADU only if sprinklers are required in the primary residence.
9.
Exterior access. An attached or converted ADU or JADU on a single-family lot must have independent exterior access that is separate from the access to the proposed or existing primary dwelling.
10.
Passageway. No passageway shall be required in conjunction with the construction of an ADU and/or JADU. For the purposes of this chapter, "passageway" shall mean a pathway that is unobstructed, clear to the sky, and extends from the right-of-way to one entrance of the ADU and/or JADU.
11.
Utilities.
a.
ADUs. An ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.
b.
JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.
G.
Other requirements.
1.
No separate conveyance. Except as otherwise provided in Government Code section 65852.26 or by other applicable laws, an ADU or JADU may be rented separate from the primary residence(s), but may not be sold or otherwise conveyed separate from the primary residence(s). A lot shall not be subdivided in any manner which would authorize such separate sale or ownership.
2.
Short-term rental prohibited. Rental of an ADU or JADU for a term of 30 days or less is prohibited.
3.
Owner occupancy requirements.
a.
ADUs.
i.
For any ADU created on or after January 1, 2020, but before January 1, 2025, owner occupancy of the primary dwelling or ADU is not required.
ii.
For all ADUs created on or after January 1, 2025, an owner of record of the lot upon which the ADU is located must occupy either the primary dwelling or ADU as their principal residence.
b.
JADUs. An owner of record of the lot upon which a JADU is located must occupy either the JADU or the remaining portion of the primary single-family dwelling as their principal residence. However, the owner occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
4.
Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction shall be recorded against the title of the property in the county recorder's office and a copy filed with the community development department. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and shall include the following:
a.
The ADU or JADU may not be sold separately from the primary dwelling(s).
b.
The ADU or JADU is restricted to the approved size and to other attributes allowed by this subsection, including owner occupancy restrictions and the prohibition on short-term rental.
c.
The deed restriction runs with the land and may be enforced against future property owners.
d.
The deed restriction may not be modified or terminated without the prior written consent of the director.
e.
The deed restriction is enforceable by the director or their designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
5.
Impact fees.
a.
No impact fee is required for an ADU that is less than 750 square feet in size.
b.
Any impact fee that is required for an ADU that is 750 square feet or greater in size shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).
c.
For purposes of this section, "impact fee" does not include any connection fee or capacity charge for water or sewer service.
(Ord. No. 1197, § 7, 6-27-22; Ord. 1206, 11/13/2023)
3.17.210 Single-room occupancy housing.
This subsection provides development and operational standards for the establishment of single-room occupancy housing (SRO).
A.
Conditional use permit. Single-room occupancy housing shall be allowed by conditional use permit in compliance with subsection 4.19.070 (Conditional use permits) subject to the provisions of the applicable zoning district, and the regulations of this subsection.
1.
Preapplication conference. Proposed SRO developments shall be subject to a formal, preliminary design review process before the submittal of a formal application.
2.
Management plan. Each SRO project shall submit a management plan to the department as part of the conditional use permit application. This plan shall contain information regarding the development's projected staffing needs, facility management and operations, emergency procedures, security, rental procedures, and proposed rental rates.
3.
Revocations and modifications of conditional use permit. The planning agency may revoke or modify the permit in compliance with section 29 (Revocations and Modifications).
B.
Management requirements.
1.
Resident manager. Each SRO project containing 16 or more units shall have a resident manager available on a 24 hour basis.
2.
Annual report. Each SRO development owner shall file an annual report with the department. This report shall include the range of monthly rents, the monthly income of the residents, occupancy rates, and the number of vehicles owned by the residents.
C.
Tenant occupancy and income restrictions.
1.
Length of tenancy. Rental units shall be established for weekly and monthly tenancies only. Deposit requirements shall be specified for each type of tenancy.
2.
Tenant income restrictions. SRO developments shall be restricted to low and very low-income individuals as defined by the general plan housing element. This restriction shall not apply to an SRO project's 24 hour resident manager.
D.
Standards. The commission shall use the following standards and criteria when determining the appropriateness of granting the conditional use permit:
1.
Compliance with codes. Single-room occupancy housing (SRO) projects shall comply with the most recent city building and housing codes.
2.
Room size requirements. Individual dwelling units within an SRO development shall have a:
3.
Allowable percentage of double occupancy rooms. Double occupancy rooms shall not make up more than 10% of any SRO project.
5.
Kitchens. Each SRO unit shall contain a kitchen. Kitchens shall be required to contain a sink with garbage disposal, a countertop (sixteen (16) inches by 24 inches minimum), refrigerator, and stove or microwave oven. If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area accessible to the entire SRO project.
6.
Bathrooms. Each SRO unit shall contain a bathroom. Bathroom shall be required to contain a sink, toilet, and shower or bathtub.
7.
Closets. Each SRO unit shall contain closet/storage space no less than 48 cubic feet in size.
8.
Common open space requirements.
a.
For SRO developments containing 30 or fewer units, a minimum of 400 square feet of common open space shall be provided.
b.
For SRO developments containing 31 or more units, 400 square feet of common open space shall be provided, with an additional 15 square feet required per each additional unit over 30.
9.
Monitored entrances. Each SRO project shall locate a single, controlled entrance to the project adjacent to and in full view of the manager's desk.
10.
Mailboxes. A mailbox shall be provided for each SRO unit.
11.
Bicycle parking. Each SRO project shall provide a secured bicycle parking area. This area shall be able to accommodate one bicycle for every three units.
12.
Storage spaces. Each SRO project shall provide each unit with a lockable storage space not less than 10 cubic feet in size within the development.
13.
Laundry facilities. Each SRO project shall provide laundry facilities in a separate room or rooms located in close proximity to the units served. A minimum of one washer and one dryer shall be provided for each 10 units or fraction thereof.
14.
Utility closets. Each SRO project shall provide a supply storeroom and/or utility closet with at least one laundry tub with hot and cold water on every floor.
15.
Trash area. Each SRO project shall provide a centralized trash area.
16.
Setbacks for two-story SROs. Two-story SRO developments located adjacent to property in a residential zoning district shall be required to maintain a minimum building setback of 20 feet from the abutting lot line.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.215 Smoking lounges.
The provisions of this subsection shall apply to smoking lounges as said term is defined in section 17-51.A of the Cypress City Code.
010 | Locations allowed. | |
a. | Smoking lounge is a permitted primary use within specified commercially zoned properties as indicated in table 2-6 of section 6 of article 2 of the Cypress Zoning Ordinance subject to the approval of a smoking lounge permit pursuant to the provisions of section 17-51 of the Cypress City Code. | |
b. | The tenant space shall not be located within 100 feet from any residential zone boundary or property containing a residential use, whether said residential boundary of property containing a residential use is within or outside the corporate boundaries of the City of Cypress. Measurement shall occur from the closest tenant space point to the residential zone boundary. | |
c. | The tenant space shall be a minimum distance of 500 feet from any public educational use, whether or not such educational use is within or outside the corporate boundaries of the City of Cypress. | |
020 | Existing nonconforming uses. Any smoking lounge lawfully existing on the effective date of this section which becomes a nonconforming use by reason of the adoption of this section shall cease operation, or otherwise be brought into full compliance with the provisions of this section as set forth in subsection 5.25 of the Cypress Zoning Ordinance and section 17-51 of the Cypress City Code. No nonconforming use shall be increased, enlarged, extended or altered except that the use or any portion thereof may be changed to a conforming use. Any smoking lounge which becomes a nonconforming use by reason of the adoption of this section shall be notified in writing of its nonconforming status by the community development director of the City of Cypress by certified mail or personal service. Such notice shall be given to the property owner of record upon such business is located, the owner of the business, and the holder of the business tax certificate (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period as provided herein. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to the provisions of this section. | |
(Ord. No. 1073, § 4, 4-10-06)
3.17.216 Financial services.
The provisions of this subsection shall apply to all financial service uses as said term is defined in section 15H-1 of the Cypress City Code.
(a)
Locations allowed.
2.
The tenant space shall not be located within 100 feet from any residential zone boundary or property containing a residential use, whether said residential boundary of property containing a residential use is within or outside the corporate boundaries of the City of Cypress. Measurement shall occur from the closest property line point to the residential zone boundary.
3.
The tenant space shall be a minimum distance of 500 feet from any public educational use, whether or not such educational use is within or outside the corporate boundaries of the City of Cypress.
(b)
Existing nonconforming uses. Any financial service use lawfully existing on the effective date of the ordinance codified in this subsection which becomes a nonconforming use by reason of the adoption of the ordinance shall cease operation, or otherwise be brought into full compliance with the provisions of this subsection as set forth in section 25 of Appendix I, Zoning, and chapter 15H of the Cypress City Code. No nonconforming use shall be increased, enlarged, extended or altered except that the use or any portion thereof may be changed to a conforming use. Any financial service use which becomes a nonconforming use by reason of the adoption of the ordinance codified in this subsection shall be notified in writing of its nonconforming status by the director of community development by certified mail. Such notice shall be given to the property owner of record upon such business is located, the owner of the business, and the holder of the business tax certificate (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period as provided herein. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to the provisions of this subsection.
(Ord. No. 1117, § 4, 5-10-10)
3.17.220 Temporary uses.
This subsection provides activity, locational, and operational standards for the establishment of temporary uses and activities.
A.
Temporary use permit required. Temporary uses and activities shall be allowed by temporary use permits issued in compliance with subsection 3.17.220 (Temporary use permits).
B.
Uses and activities exempt from temporary use permit. The following temporary activities are allowed and exempt from the requirement for a temporary use permit.
1.
Car washes. Car washes limited to four days per year for an individual location and two days per year for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, and the car wash shall be located on nonresidential property.
2.
Emergency facilities. Emergency public health and safety needs/land use activities.
a.
Temporary emergency shelters shall be permitted in the PS public and semi-public zone, as an accessory to the permitted primary use during a state or federally declared disaster response event. A temporary emergency shelter shall be removed after such time as determined, by the community development director and the chief of police, that it is no longer necessary.
3.
Events in auditoriums, stadiums, or other public assembly facilities. Events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed temporary activity is consistent with the intended use of the facility.
4.
Events on public property. Events that are to be conducted on property owned by the city or the city redevelopment agency and that are approved by the council, in compliance with city requirements.
5.
School events. Events held exclusively on school grounds, and which are in conjunction with the school use.
6.
Other. Other activities that the director deems suitable for exemption from a temporary use permit.
C.
Activities allowed with a temporary use permit. The following temporary uses and activities may be allowed subject to the issuance of a temporary use permit by the director before the commencement of the activity or use. Activities that do not fall within the categories below shall comply with the use and development regulations and entitlement review provisions that otherwise pertain to the property.
1.
Art and craft shows and exhibits. Outdoor art and craft shows and exhibits shall be limited to 15 days of operation or exhibition within any 90-day period.
2.
Campaign office. Campaign offices shall be limited to not more than 70 days of continuous use within any 365-day period.
3.
Caretaker mobile home. On the site of an active construction project, one mobile home residence may be provided for the purpose of providing a 24-hour security presence. The residence shall be removed upon issuance of an occupancy permit for the primary allowed use.
4.
Circuses, carnivals, and similar uses. Circuses, carnivals, and similar transient amusement and entertainment enterprises shall be subject to the provisions of chapter 15, article 3 of the Municipal Code.
5.
Christmas tree, pumpkin, and similar seasonal outdoor sales.
a.
A temporary seasonal sales facility shall not be open for business more than a total of 40 days during any one calendar year.
b.
An allowed temporary seasonal sales facility shall not engage in the sale of any merchandise not directly associated with the specific holiday for which the sale in being held.
c.
After the holiday, the facility shall be removed and the premises cleared of all debris and restored to a condition that is the same as or better than the condition that existed before the establishment of the facility.
d.
The director may impose any other conditions deemed necessary to protect general health, welfare, and peace of the surrounding area.
6.
Contractor's office and storage yards. A temporary contractor's construction office, used during the construction of a main structure or structures on the same site, as well as construction materials associated with the construction project, shall be allowed subject to the following conditions:
a.
The temporary office may consist of a manufactured home, commercial coach, self-contained recreational vehicle, or mobile office, provided the structure or vehicle is erected or installed in compliance with the city's building code requirements for temporary construction offices.
b.
A temporary construction office shall be removed or shall be converted to an allowed use before the issuance of a certificate of use and occupancy for the main structure or structures. If construction is phased over a length of time, the permit may provide that certificates of use and occupancy may be issued for completed structures.
c.
Before the last structures in a tract or phase being granted certificates of occupancy, the temporary construction offices shall be removed or converted into permanent structures, where allowed.
7.
Corporate or company outdoor events. Corporate or company outdoor special events such as parties, promotional events, and celebrations that involve employees and/or clients of the corporation or company sponsoring the event shall be limited to one event per calendar quarter.
8.
Parking lot and other outdoor sales.
a.
Parking lot and other outdoor sales sponsored by merchants that have valid business licenses issued by the city for the property where the sale will be held. Sales events sponsored by merchants shall be limited to one sale of not more than four days per calendar quarter.
b.
Rummage and other outdoor sales sponsored by local, nonprofit organizations shall be limited to one sale every six months.
9.
Promotional banners. Temporary banners advertising or promoting special events shall be regulated as outlined in section 15 (Signs).
10.
Religious, patriotic, historic, and similar displays. The display of religious, patriotic, historic, and similar displays or exhibits within setbacks, parking areas, or landscaped areas shall be limited to not more than 30 days in any one-year period for each exhibit.
11.
Vehicle sales. Vehicle sales on private property shall be limited to five days per event per calendar quarter. A request for additional display time shall be approved by the planning agency.
12.
Other temporary uses. Additional uses determined by the director in compliance with section 1.02 (Interpretation of Zoning Ordinance Provisions) to be similar to a listed use may be allowed subject to conditions prescribed by the director in the issuing of a temporary use permit.
D.
Site maintenance. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use, including removal of off-site signs, and afterwards shall be used only in compliance with the requirements of the zoning district in which the site is located.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1110, § 4, 11-9-09)
3.17.230 Vehicle repair uses.
This subsection provides development and operational standards for the establishment of minor and major motor vehicle repair facilities in zoning districts where allowed in compliance with the provisions of article 2 (Zoning Districts and Allowable Land Uses). Minor and major motor vehicle repair facilities shall be subject to the following criteria and standards.
A.
Applicability. The provisions of this subsection shall apply to businesses engaged in the commercial repair, maintenance, and/or painting of motor vehicles.
B.
Development standards.
1.
Parcel size. The minimum parcel size shall be 10,000 square feet.
2.
Parking and circulation. The motor vehicle repair facility shall provide adequate parking and vehicular circulation in compliance with section 14 (Off-Street Parking and Loading).
3.
Soundproofing. Structures shall be sufficiently located and/or soundproofed to mitigate sound transmission and to prevent the use from becoming a nuisance to the surrounding properties.
4.
Lighting. Artificial light shall be designed to reflect away from adjoining properties, in compliance with subsection 3.10.060 (Light and Glare).
5.
Screening and buffering.
a.
A six-foot high solid decorative masonry wall shall be maintained along the exterior boundaries of the motor vehicle repair facility, excluding the front yard setback area, those locations approved for ingress and egress, and areas adjoining a street, other than an alley.
b.
Damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from public rights-of-way and adjoining properties by a six-foot high solid decorative masonry wall or other opaque material approved by the director.
6.
Orientation of bays. New or remodeled motor vehicle repair establishments shall be designed and constructed so that openings to the service bays are not oriented toward a public right-of-way or a residential development or zoning district. This requirement shall not apply to developments on corner parcels or on other parcels where physical conditions or similar circumstances prevent compliance with this standard.
C.
Operational standards.
1.
Major motor vehicle repair facility. A valid automotive repair dealer registration with the California Bureau of Automotive Repair in compliance with California Business and Professions Code section 9880 et seq. (Automotive Repair Act) shall be required for any "major" motor vehicle repair facility that performs, for compensation, repairs to, maintenance of, or diagnosis of a malfunction of any of the following motor vehicle (or motorcycle) components:
Air conditioner | Electrical system | Heater system |
Body and frame | Engine | Steering gear |
Brakes | Exhaust system | Suspension |
Clutches | Fuel system | Transmission |
Drive train assembly | Glass components | Other components |
2.
Minor motor vehicle repair facility. A minor motor vehicle repair facility shall be limited to the following products and services:
Batteries (installation) | Oil and air filters (cleaning and replacing) |
Fan belts (replacement) | Tires (repair and change) |
Light bulbs (installation) | Windshield wiper blades (installation) |
Lubrication | Other minor accessories |
3.
Restrictions on hours of operation. Activities shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily.
4.
Restrictions on overnight parking. Vehicles left overnight at a business for servicing shall be parked in fully enclosed parking spaces. Outdoor overnight parking shall not be allowed under any circumstances.
5.
Restrictions on parking or storage on public rights-of-way. Motor vehicles shall not be parked or stored on a public street or alley at any time.
6.
Restrictions on outdoor activities. Repair, servicing, and painting activities shall be conducted within an enclosed structure. For the purposes of this paragraph, a garage with service bays open on one side shall be considered an enclosed structure, provided that the garage door can be closed at the end of the business day. Outdoor repair, servicing, or painting activities shall not be allowed under any circumstances.
7.
Restrictions on noise. Noise from the repair facility shall not be audible to residentially zoned or occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
3.17.240 Emergency shelters.
This subsection provides standards for permanent emergency shelter facilities to provide temporary housing for the homeless. Provisions for temporary emergency shelters associated with disaster response are provided in section 3.17.220.B.2.a., Temporary emergency facilities.
A.
Emergency shelters are allowed by right in the designated area when, on the date that a complete application is submitted to the city, the number of existing shelter beds is fewer than the most recent annual point-in-time count of homeless persons residing within the city.
B.
If the demonstrated need as defined in subsection A has been met, additional emergency shelters shall require a conditional use permit consistent with section 4.19.070 of the Cypress Zoning Ordinance. The determination required by this subsection shall occur on the date the operator submits a complete application to the City.
C.
Stays at the facility shall be on a first-come first-served basis with clients only on-site and admitted to the facility between 6:00 p.m. and 8:00 a.m. during Pacific Daylight Time and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m.
D.
Maximum stay at the facility shall not exceed 180 days in a 365 day period.
E.
A distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
F.
A minimum of one staff member per 15 beds shall be awake and on duty when the facility is open.
G.
Exterior lighting shall be provided for the entire outdoor area of the site.
H.
A waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. Said waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six foot tall visually screening mature landscaping or a minimum six foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
I.
Security personnel shall be provided during operational hours whenever clients are on-site or waiting outside the facility.
J.
Facility improvements shall comply with the Cypress Municipal Code and the most current adopted Building and Safety Code.
K.
A security plan shall be provided for the review and approval of the community development director. The security plan shall address on-site and off-site security needs, including loitering control, the management of exterior areas, and the system for daily admittance and discharge procedures. The approved operational security plan shall remain active throughout the life of the facility.
L.
The facility may provide the following services in a designated area separate from sleeping areas:
1.
A recreation area either inside or outside the shelter;
2.
A counseling center for job placement, educational, health care, legal, or mental health services;
3.
Laundry facilities to serve the number of clients at the shelter;
4.
Kitchen for the preparation of meals;
5.
Dining hall;
6.
Client storage area (i.e., for the overnight storage of bicycles and personal items);
7.
Or similar services geared to homeless clients.
M.
An emergency shelter facility shall provide the off-street parking based upon demonstrated need of shelter staff, subject to the review and approval of the planning director. The required parking shall not exceed parking requirements for other residential or commercial uses within the same zone.
(Ord. No. 1110, § 5, 11-9-09; Ord. No. 1191, § 2, 11-22-21)
3.17.250 Massage establishment requirements.
In addition to the other requirements pertaining to conditional use permits, including but not limited to the requirements found in section 19 of article 4 of appendix I of the Cypress Municipal Code, the following provisions shall apply to applications for a massage establishment:
A.
The application shall include a detailed floor plan drawn to scale showing: entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions, including, but not limited to, closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs. The floor plan shall be in feet and inches and be labeled in English.
B.
Unless a massage establishment has a valid conditional use permit prior to the effective date of this subsection, no massage establishment shall be located:
C.
An application for a conditional use permit shall not be deemed complete until the applicant has obtained the necessary operator permits and massage establishment licenses, and, if applicable, such permits and certificates are submitted as part of such application.
D.
Before granting any conditional use permit for a massage establishment, the city council shall find that, if applicable, the necessary operator permits and massage establishment licenses have been issued pursuant to chapter 15A of this code.
E.
In acting to approve a conditional use permit under this subsection and in addition to the council's authority to impose conditions upon the granting of the permit pursuant to the Cypress Municipal Code and any applicable law, the council may impose such additional conditions to ensure that massage establishments comply with all applicable federal, state, and local law, including, but not limited to, the Cypress Municipal Code.
(Ord. No. 1177, § 5, 10-28-19)
3.17.260 Second primary units and duplexes in single-family zones.
A.
Purpose; definition of duplex.
1.
The purpose of this section is to establish procedures and standards for the approval and creation of second primary units and duplexes in single-family zones in accordance with the requirements of Government Code section 65852.21.
B.
Application review process.
1.
An application for a second primary unit or a duplex in a single-family zone shall be considered ministerially through the plan check process.
2.
An application shall be approved if the proposed development complies with all the requirements in this section. However, notwithstanding the previous sentence, the city may deny an application for a second primary unit or duplex if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second primary unit or duplex would have a specific, adverse impact, as defined in Government Code section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
C.
Location requirements. Proposed second primary units and duplexes:
1.
Shall be located in an RS-15000, RS-6000, or RS-5000 zoning district;
2.
Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code section 65913.4; and
3.
Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
D.
No impact on protected housing. Proposed second primary units and duplexes:
1.
Shall not require or allow the demolition or alteration of any of the following types of housing:
a.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or
c.
Housing that has been occupied by a tenant in the last three years;
2.
Shall not require or allow the demolition of more than 25% of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; and
3.
Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under the Ellis Act (Government Code sections 7060 through 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
E.
Development standards. The development standards for the first primary unit built on a parcel are not limited by this section but shall comply with all other applicable development standards in this code. A second primary unit or duplex approved under this section shall comply with all of the following development standards:
1.
Configuration. A second primary unit may be attached to or detached from other dwelling units on the parcel.
2.
Size. Second primary units, and at least one unit of a duplex, shall be no larger than 1,200 square feet in floor area.
3.
Height. Second primary units, and at least one unit of a duplex, shall be no taller than one story and 16 feet in height.
4.
Single story. Second primary units may not be built above any other structure.
5.
Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second primary units and duplexes built under this section shall be set back at least four feet from the side and rear lot lines.
6.
Separate entrances. Each unit approved under this section shall have its own separate entrance.
7.
Additional development standards. Except as provided in subsections E.1 through E.6, units approved under this section shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.
F.
Parking.
1.
One new parking space is required for a second primary unit and for each unit in a duplex approved under this section. Such parking spaces may be covered or uncovered and shall be in addition to all existing parking spaces on the parcel.
2.
Notwithstanding subsection F.1, no parking spaces are required for a second primary unit or the units of a duplex approved under this section if either:
a.
The parcel is located within 1/2 mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code section 21155(b), or a major transit stop, as defined in Public Resources Code section 21064.3; or
b.
There is a car share vehicle located within one block of the parcel.
G.
Utilities. The director of public works may place conditions of approval on the proposed development to ensure sufficient utility capacity and the ability of the utilities to serve the development, and may require the applicant to submit technical studies to determine utility capacity and ability to serve.
H.
Limitation on enforcement of standards. With the exceptions of the setback requirements in subsection E.5, the city shall not enforce any zoning, subdivision, or design standard to the extent that it would have the effect of physically precluding the construction of up to two primary residential units on a parcel, or would physically preclude either of the primary residential units from being at least 800 square feet in floor area.
I.
Total number of units.
1.
This section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.
2.
Notwithstanding any other provision in this section, the approval of second primary units and duplexes on a parcel that was created through an urban lot split shall be limited as described in chapter 25, article XI of the municipal code.
J.
Design standards. Second primary units, and each unit of a duplex approved under this section, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.
K.
Rental term. Second primary units and both units of a duplex approved under this section shall not be rented for a term of less than 31 consecutive days.
L.
Deed restriction. As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second primary unit or duplex approved under this section, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property, at the property owner's cost, and shall require that the second primary unit or duplex shall only be used and developed in accordance with the requirements in this section, including, but not limited to, the development standards and the prohibition on short-term rentals stated in this section. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.
(Ord. No. 1198, § 8, 9-26-22)
3.17.270 Employee housing.
3.17.280 Supportive housing.
A.
Purpose. The purpose of this section is to set forth requirements for the establishment of supportive housing consistent with Government Code sections 65583(c)(3) and 65650 et seq.
B.
Requirements.
1.
Supportive housing shall be deemed a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone except when the supportive housing is consistent with the requirements of subsection B.2 below.
2.
Supportive housing shall be a use by right in zones where multifamily and mixed use are permitted, including nonresidential zones permitting multifamily uses, if the proposed development satisfies all of the requirements set forth in Government Code section 65650 et seq.
a.
The applicant shall provide the city with all documentation necessary to demonstrate compliance with these requirements, including, but not limited to, the documentation listed in Government Code section 65652. The document imposing the affordability restriction on the units shall be reviewed and approved by the city attorney's office.
b.
Application and review. Supportive housing seeking by right approval pursuant to Government Code section 65650 et seq. shall require zoning clearance approval pursuant to section 4.19.202 of the zoning ordinance. The director or their designee shall review the application in accordance with the requirements of Government Code section 65650 et seq.
i.
A complete application for a supportive housing development with 50 or fewer units shall be approved or disapproved within 60 days from the date the city receives a complete application.
ii.
A complete application for a supportive housing development with more than 50 units shall be approved or disapproved within 120 days from the date the city receives a complete application.
(Ord. No. 1198, § 10, 9-26-22)
3.17.290 Transitional housing.
A.
Purpose. The purpose of this section is to set forth requirements for the establishment of transitional housing consistent with Government Code section 65583(c)(3).
B.
Requirements. Transitional housing shall be deemed a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
(Ord. No. 1198, § 11, 9-26-22)
3.17.300 Low barrier navigation centers.
A.
Purpose. The purpose of this subsection is to set forth requirements for the establishment and operation of low barrier navigation centers consistent with Government Code section 65660 et seq.
B.
Locations permitted. A low barrier navigation center is a permitted use in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided it meets the requirements of subsection 3.17.270.C.
C.
Requirements. A low barrier navigation center shall meet the following requirements:
1.
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2.
It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to section 576.400(d)(d) or section 578.7(a)(8)(a)(8), as applicable, of title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3.
It complies with chapter 6.5 (commencing with section 8255) of division 8 of the Welfare and Institutions Code.
D.
Application and review.
1.
Low barrier navigation centers shall require zoning clearance approval pursuant to section 4.19.202 of the zoning ordinance to ensure compliance with the requirements of this section.
2.
The director or their designee shall approve or disapprove a complete application for a low barrier navigation center within 60 days from the date the city receives a complete application.
(Ord. No. 1198, § 12, 9-26-22)
3.17.310 Objective standards for multi-family dwellings.
A.
Purpose and intent. This subsection contains objective standards for multi-family residential development. These standards are intended to ensure that new multi-family residential development projects provide high quality architecture, integrate with surrounding development and uses, and include well-designed site features and amenities. These standards are intended to guide property owners, applicants, design professionals, department staff, and decision makers with clear, objective standards that enhance the City's character and ensure a high-quality living environment.
B.
Applicability.
1.
The standards in this subsection shall apply to:
a.
All new multi-family residential developments in any zone where multi-family residential development is permitted;
b.
Conversion of existing nonresidential space into three or more residential dwellings;
c.
Additions to existing multi-family dwellings that increase the number of units in the development or are located above the ground floor, except accessory dwelling units; and
d.
Remodels of existing multi-family residential dwellings where alterations remove more than 50% of the exterior walls or remove more than 50% of the roof framing.
2.
The standards in this subsection do not apply to detached single-family dwellings, duplexes, accessory dwelling units, or subdivisions of multiple detached single-family dwellings.
3.
The objective standards in this subsection shall supersede any other standards to the contrary that may be provided in the Zoning Ordinance as they pertain to multi-family residential developments.
C.
Deviations. An applicant may request a deviation from one or more standards pursuant to the requirements of subsection 4.19.050 (Adjustments). The director may approve an adjustment upon finding that the project incorporates an alternative method to achieve the intent of the requirement. A project requesting an adjustment is not eligible for streamlined ministerial approval under Government Code Section 65913.4.
D.
Site planning and design standards.
1.
Building orientation.
a.
Building entries shall face the primary public street. For larger sites with multiple buildings, building entries of buildings not adjacent to the primary public street shall be oriented to face internal open spaces, paseos, or recreation amenities.
b.
For townhouse buildings adjacent to the street, street-facing entrances shall be provided for each individual unit.
c.
If the project is adjacent to a single-family residential zone, windows and balconies shall be oriented so as not to have a direct line-of-sight into adjacent units or on private patios or backyards adjoining the property line. This can be accomplished through: stepbacks of upper stories; window placement; use of clerestory windows; use of glass block or opaque glass; or mature landscaping within the rear or side setback areas.
2.
Pedestrian access.
a.
Pedestrian pathways shall connect all buildings on a site to each other, on-site vehicular and bicycle parking areas, and any on-site open space areas or pedestrian amenities.
b.
An on-site pedestrian pathway shall connect the primary building entry or entries to a public sidewalk along each adjacent street.
c.
Pedestrian pathways shall be a minimum four foot wide and paved with concrete.
d.
Pedestrian pathways within internal parking areas shall be separated from vehicular circulation by a physical barrier, such as a grade separation or a raised planting strip, of at least six inches in height and at least six feet in width. A pedestrian pathway is exempt from this standard where it crosses a vehicular drive aisle.
3.
Parking facilities.
a.
Vehicular access. Off-street parking shall have vehicular circulation using an internal vehicular network that precludes the use of a public street for aisle-to-aisle internal circulation.
b.
The number of off-street parking spaces provided shall comply with subsection 2.05.050 (Residential off-street parking requirements).
c.
Parking lots and carports.
i.
Parking lot design shall comply with the requirements of Section 14 (Off-Street Parking and Loading) in addition to the requirements of this subsection.
ii.
Parking lots and carports shall not be located between the primary building frontage and the street.
iii.
Parking lots and carports shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fences or walls with a minimum height of three feet, or some combination thereof. When located in a street-facing setback, screening may not exceed a height of three feet.
iv.
For projects located across the street from a single-family residential zone, parking lot areas and carports shall not be located along the single-family zone street frontage.
d.
Parking garage access.
i.
Any vehicular entry gate to a parking garage shall be located to allow a minimum of 20 feet between the gate and the back of the sidewalk to minimize conflicts between sidewalks and vehicle queuing.
ii.
A parking garage shall not occupy more than 50% of the building width of any street facing facade, and it shall be recessed a minimum of five feet from the street-facing facade of the building.
iii.
A pedestrian gate or door shall be provided for all parking garages.
4.
Exterior lighting.
a.
Lighting shall be provided for all entryways, pathways, open spaces, and parking lots.
b.
All light fixtures shall utilize high-efficiency bulbs with a warm, white light quality.
c.
The style of lighting fixtures shall be the same or similar to the building's design and architectural style.
d.
Pedestrian-oriented lighting shall be provided along all pedestrian pathways at a spacing of no more than 30 linear feet. Pedestrian-oriented light fixtures shall be a minimum of three feet and a maximum of 12 feet in height.
e.
Lighting within parking lots shall not be less than two footcandles nor more than five footcandles at the base of the light fixture.
f.
Lighting shall be provided at trash enclosures to ensure night-time security and use.
g.
The maximum height of a free-standing light pole and fixture is 15 feet, measured from the finished base to the top of the pole or light fixture.
h.
All parking area and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway or cause glare that affects motorists. Illumination levels at the property lines shall not exceed 0.5 foot candles.
i.
A lighting plan and photometric plan illustrating compliance with this subsection shall be submitted for review and approval prior to issuance of a building permit.
5.
Utilities and equipment.
a.
Mechanical equipment shall be sited in accordance with the requirements of subsection 3.11.100 (Screening and Buffering).
b.
Required screening for mechanical equipment shall be at least the same height as the equipment being screened. Screening shall consist of permanent landscape planting, fencing, a wall, or some combination thereof. Screening that is not plant material shall be constructed with one or more materials used on the primary building.
6.
Fences and walls.
a.
Fences, walls, and gates are prohibited within required setbacks along all street frontages unless used to screen on-site parking spaces as required by subsection 3.17.310.D.3.
b.
Walls shall be constructed with decorative masonry materials, such as, but not limited to, split-face block, stucco on masonry, or material of similar appearance, maintenance, and structural durability.
c.
Fences may be constructed of wood or vinyl. Chain link fencing is prohibited.
d.
All fence and wall designs shall integrate materials and details utilized in the design of the primary buildings (i.e., pilasters, stonework, wrought iron, and/or colors).
e.
Solid vehicular and pedestrian entry gates are prohibited. Entry gates shall be a minimum of 50% open view.
7.
Landscaping and open space.
a.
Projects shall meet the minimum landscape area and open space requirements of the zoning district in which they are located, pursuant to Table 2-3 (Residential Zoning Districts Development Standards).
b.
When feasible, buildings and parking areas shall be arranged to provide functional common open spaces (such as courtyards, paseos, or parks) for the use of residents.
c.
When common open space incorporates hardscape, the design shall utilize decorative paving, such as stamped concrete or unit pavers.
d.
All landscaped areas shall comply with Section 13 (Landscaping) of the Zoning Ordinance and Chapter 29 (Water Conservation) of the Cypress Municipal Code.
e.
A detailed landscape and automatic irrigation plan shall be submitted for review and approval by the director at least 60 days prior to issuance of a certificate of occupancy.
f.
All landscaping and irrigation shall be installed per the approved plan prior to occupancy. The director may waive this requirement if the developer provides security or an executed agreement approved by the city attorney to ensure completion of such improvements within a predetermined timeframe.
g.
All required landscaping shall be continuously maintained in a neat and orderly condition.
E.
Building design standards.
1.
Architectural style.
a.
Each multi-family development shall adhere to a single architectural style. Examples of architectural styles are: Spanish Colonial Revival, Mission, Craftsman, American Colonial Revival, and Modern.
b.
All architectural elements, including building materials, facades, roofs, entryways, windows, and other features shall reflect the authentic characteristics of the selected architectural style.
c.
Accessory structures and building additions shall be consistent with the selected architectural style.
2.
3.
Facade design and articulation.
a.
For every 100 feet of building length, there shall be a plane-break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.
b.
Buildings shall have minor massing breaks at least every 30 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
c.
In addition to minor massing breaks, street-facing front facades shall provide at least three of the following articulation elements:
i.
A covered porch entryway with a minimum depth of five feet, as measured from the building facade to the posts, and a minimum length of eight feet;
ii.
A recessed entrance measuring at least four feet by four feet, which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction;
iii.
One or more dormer windows or cupolas;
iv.
Pillars, posts, or pilasters;
v.
One or more bay windows projecting at least 12 inches from the facade plane;
vi.
Eaves projecting at least four inches from the facade plane;
vii.
Raised corniced parapets over the entrance door;
viii.
Multiple windows with a trim at least four inches wide; or
ix.
Integral planters that incorporate landscaped areas or places for sitting.
d.
Blank walls (i.e., walls without doors, windows, or other articulation elements) shall span no more than 30 feet in length.
e.
Building materials.
i.
A minimum of two exterior building materials, or a different application of the same material, shall be used on street-facing front and side facades. Glass windows, railings, and trim shall not be counted as one of the two materials.
ii.
Changes in building materials shall occur at inside corners.
4.
Garages.
a.
Garage doors shall be recessed a minimum of one foot from the facade plane. When located along a street-facing facade, garage doors shall not exceed 40% of the length of the building facade.
b.
Street-facing garages serving individual units shall incorporate one or more of the following features so that garage doors are visually subservient and complementary to other building elements:
i.
Garage door windows or architectural detailing consistent with the main dwelling;
ii.
Arbor or other similar projecting feature above the garage door;
iii.
Landscaping occupying 50% or more of the driveway area serving the garage (e.g., ribbon driveway with landscaping between two parallel strips of pavement).
c.
Individual garages shall be equipped with an automatic door opener and a roll-up sectional or similar garage door which does not extend onto the driveway.
(Ord. 1206, 11/13/2023)