This section provides site planning and development standards
for a variety of specified land uses.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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.
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|
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.
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(Ord. No. 1073, § 4, 4-10-06)
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)
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)
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)
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)
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)
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)
A.
Purpose. The purpose of this section is to set forth requirements
for the establishment of employee housing consistent with Health and
Safety Code section 17021.5(b).
B.
Requirements.
(Ord. No. 1198, § 9, 9-26-22)
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)
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)
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)
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)
