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)
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)
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)
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)
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)
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)
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)
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)
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:
a. 
Is detrimental to the property of others;
b. 
Is a hazardous, inappropriate, and/or unsightly condition; and/or
c. 
Causes a reduction in the enjoyment, benefit, or use of adjoining properties.
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)
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)
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)
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)
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)
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)