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Minutes 78-04-10MiNUTE~ OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD Apri] 10, 1978 The regular meeting of the Cypress City Council was called order at 6:35 p.m. on Monday, April 10, 1978 in the Cypress Cit¥ Council Chambers, 5275 Orange Avenue, Cypress, California, Donald Hudson presiding. PRESENT: ABSENI: Council Members Lacayo, Hudson Councilwoman Evans MacLain, Also present were City Manager/City Clerk Darrell Essex, !)eputv City Attorney Roger Grable, and the following members of the City Staff: Bryant, Davenport, Hawley, Powell, Schatzeder and Shumard. PLEDGE OF ALLEGIANCE: Councilman Rowan led the pledge flag. MINUTES: It was moved by Conncilwoman MacLain, seconded of March 20. STAFF REPORTS & DISCUSSION: The City Manager requested a,~ Ii ~ - cutive Session to discuss matters of litigation. Hearin? u objections, Mavor~ Hudson added the following items to the a,~ ~ Item #17a regarding a May Festival report; item #20 ]'egarding the next budget session CONSIDERATION OF AWARD OF CONTRACT FOR "ECONOMIZER" AIR CONDITIONING SYSTEMt CITY OF CYPRESS PROJECT #7743-q{' City Manager presented a report from the Public Works Di~ : . dated March 31 which indicated staff recommended that he rejected since they did not represent equivalent 1 t was moved by Cottncilwoman MacLain and seconded by Lacayo to: (1) reje~ t all bids received for "Economizer Project ~7743-90, and (2) authorize the City Enginee. proposals for engineering design and preparation of work cirawlng and specifications for the "Economizer" sys~el!l. motion nnanimonsly carried bv the following roll call AYES: NOES: 4 COUNC ILMEMBERS: Lacayo, Hudson 0 {',~)U NC I LMEMBER S: None ~ ;I '~ !! MI:MBERS: Evans Hudsou ABSENT: ~ ~:OUNCiLMEMBERS: Evans :, c oil Minutes April 10, 1978 :~ i ,:q CAI, ENI)AR: Mayor Hudson announ(ed that all items listed ;~Fenda under "Consent Calendar" were to be considered by ,~ , * nnc i] as routine and enacted by one motion approving the ,~:(nc:ation regarding each item. No Council member wished ~ovcd by Conncilwoman MacLain and seconded by Councilman u~prove Items ~13 through t~7 on the Consent Calendar. unanimously carried by the following roll call vote: ~],]t 4 COIJNCILMEMBERS: Lacayo, MacLain, Hadson , ! : 0 COENCILMEMBERS: None , !NT: i COUNCILMEMBERS: Evans Rowan & Cons [deration of Pnrchase of Telephone Equipment. ]2,~L~!o__!i: That the City Council, acting as the ex officio Directors of the Cypress Recreation and Park District, a ~ appropriation of $20~.0~1 from the General Fund to ~90-d653-693-74 for the purchase of one telephone and Consideration of Application for an Alcoholic Beverage !,p,' "41" On-Sale Beer and Wine for James M. Gennette, ~! BaFel Restaurant, 9575 Valley View, Cypress. ~ ,n'~Jderation of C]aim Submitted by Mary C. Johnson, ' 3, Bell[lower, California. .... :) i: ']hat th~ City Council o!'l [~Sally deny the sub- and refer the claim to the City's Claim Adjuster, & Comp ~ny, for appropriate disposition. : C ~nsideratlon of Weed and Rubbish Abatement Program ,~ L,~_~)oj[: That the CJ ty Council adopt the following n hv tJ tie only, title as follows, declaring that the ; properties constitute a pablic nuisance; declaring the intention to abate; directing the Street Superintendent ,, t q~tices; and setting the time and place for the public ~: ~ ?, ~F objections to the proposed abatement: RESOLUTION NO. 197~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY (}F CYPRESS DECLARING THAT WEEDS GROWING UPON ~ R IN FRONT OF, AND RUBBISH, REFUSE AND DIRT i:PON OR iN FRONT OF CERTAIN PROPERTY IN THE CiTY OF CYPRESS CONSTITUTE A PUBLIC NUISANCE, !~i:A][,ARING ITS INTENTION TO PROVIDE FOR THE ABA fEMENT THEREOF, AND SETTING A PUBLIC nEARING ;HEREON. :'7~ !~: Consideration of Complaints ' ~!ug ~weeping of Alleys. from Tanglewo0d Area Re- !'l~'commendation: That the City Council continue consideration of ~ ~a:ter to the Council meeting of Apr]] 24, 1978. (:[j [NUATiON OF CONSIDERATION OF LETTER OF AGREEMENT TO GUARANTEE ~S??,[]JTION OF STORM DRAIN AND SEWER: The City Manager recom- ,'i~! ', that the item be continued to allow for receipt of the ' ~ descriptions. moved by Mayor Hudson, seconded by Councilman Lacayo and ~n,~usLy carried to continue the matter to the April 24 meeting. ='2-- ~it¥ Council Minutes April 10, 1978 CONSIDERATION OF ADOPTION OF AN ORDINANCE AND RESOLUTION THEREBY ADOPTING BY REFERENCE THE 1976 EDITION OF THE UNIFORM PLUMBING CODE~ UNIFORM SWIMMING POOL CODE AND UNIFORM SOLAR ENERGY CODE: It was moved by Councilwoman MacLain and seconded by Councilman Rowan to order the following Ordinance read by title only, title as follows, and approve the first reading, and adopt the following Resolution by title on]y, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19, CONSISTING OF SECTIONS 19-1 AND 19-2, AND DELETING ARTICLE IV SECTION 5-12, 5-13, 5-14 AND 5-15 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES: THE 1976 EDITION OF THE UNIFORM PLUMBING CODE INCLUDING THE 1976 EDITION OF UNIFORM SWIMMING POOL CODE AND THE 1976 EDITION OF THE UNIFORM SOLAR ENERGY CODE INCLUDING INSTALLATION AND MATERIAL STANDARDS. RESOLUTION NO. 1971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING FORTH THE LOCAL CONDITIONS AND THE PUBLIC SAFETY FACTORS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT CERTAIN MODIFICATIONS TO THE 1976 EDITION OF THE UNIFORM PLUMBING CODE, THE UNIFORM SWIM- MING POOL CODE AND UNIFORM SOLAR ENERGY CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS AND PUBLIC SAFETY FACTORS WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lacayo, Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Evans MacLain, Rowan COUNCILWOMAN EVANS ARRIVED AT 6:40 P.M. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Rowan and seconded by Councilman Lacayo to approve the Warrant List for Warrants #48581 through #488D2 in the total amount of $383,595.46. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Lacayo, MacLa in, & Hudson In regard to Item #17a concerning the May Festival report, Mr. Jim May]or, chairman of the May Festival Steering Committee, reported that the committee determined the approximate cost of the festival to be $1150 which would be funded by booth rentals and charges for use of the tent, therefore, no funding by the City was necessary. He reported insurance coverage for the parade and festival would cost between $300 and $500 but this could be raised to about $1,OO0 because of the liquor sales at the dance. The Council discussed the possibility of including the festival under the Recreation and Park District policy. It was moved by Councilman Rowan and seconded by Councilman Lacayo that the Recreation and Park District assume sponsorship of the May Festival in order for the festiva] to be eligible f~ -3- City Council Minutes April 10, 1978 '~' 467 the District's liability insurance coverage. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Laeayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None SECOND READING OF ORDINANCE RE: RECREATION & PARK DISTRICT RULES AND REGULATIONS: It was moved by Councilman Lscayo and seconded by Councilwoman MacLain to order the following Ordinance read by t~tle only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING RULES AND REGU- LATIONS FOR ALL PARK AND RECREATIONAL AREAS OWNED, MANAGED OR CONTROLLED BY THE CYPRESS RECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMER- CIAL WARRANT LIST: It was moved by Councilman Lacayo and sec- onded by Councilwoman MacLain to approve the District Warrant List for Warrants #7817 through #7864 in the total amount of $65,660.50. The motion unanimously carried b~ the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None In regard to Item #20 concerning the next budget session, the Council agreed to schedule the next budget meeting for Monday, April 17 at 7:30 p.m. in the Administrative Conference Room. ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the agenda. Mr. T. Patrick O'Hara, 9170 Whitney Way, Cypress, reported on the recent burglary of his home and that his was the third burglary in a three block area. He felt alertness on the part of homeowners as to the possibility of burglary may prevent its occurrence. Mr. O'Hara thanked the Public Works staff for cor- recting a problem with the Lincoln/Denni traffic signal. Councilwoman Evans suggested that this matter be publicized in a Cypress Review newsletter article. The City Manager noted that the City's Burglary Hardening Program will aid with the problem. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, speaking for the First Baptist Church at Watson and Camp Streets, requested that the street in the vicinity of the Church be swept. The City Manager stated he would investigate the matter. -4- :, tOtx, . Cl,u]'.,cil Minutes April t0, .1978 CONTINUATION OF PUBI. iC tlEAR]NG RE: ZONE CHANGE NO. 78-? (SOUTti- WES'i CORNER ORANf;E AVENUE & WALKER): Mayor Hudsnn npet;eo public hearing and asked for the staff report. The City Manager presented a report dated April 6 indicatt~-,g the hearing was continued from the March 27 meeting. ]he Planning Director outlined the sub]e< t property on a map and summarized Stafi Report ~78--'~ dated January 25 which described the zone change lrom OP-IO,O00 (CC) Office Professional Civic Center Over]ay to CG-IO,000 (CC) Commercial Genera], which was 4pproved by the Planning Commission on February 2. He reported tho zon~: change would provide more flexibility of uses on the ~n :he area iuhihited tot~l el fi~e prnfessiona] use. Mayor Hudson asked ~ f anyone wished to speak in favor of zone change. N~ one wished to speak in favor, He asked oppos£tion from t;h~ee o! his neighbors and stated they ,, p~> ;e [},- zone change and feel the Civic Center concept should be mair~tained aoJse and lights o~ commer( iai uses. Mr. Mike Hanover, 5612 (:amp Street, Cypress, asked that property be identified. Mr. Andrew Erdaly, 5/73 Oxford, Cypress, stated he ~ppe'~;~ d change from the Master Plan. Mr. David Doremus, 5300 Orange, Cypress, asked to beet the applicant's proposal. a hi :ycle dealership ts planned for the third build~i~ :. com~aercial. Mr, Bt ~se described the design ol the pF,>p, ;t,d , ,,'n,, 1* ',: atmosphere and be s[tuated around a courtyard. He disc u>; ~ed plan with the Council. Mr. Brose felt the dis~asce from and competitioa from the adjacent office uses precluded iota i office professional use. Mr. David Doremus recemmended that the applicant consider et imaginative and unique building design for office use to ai pea] to a different market from that provided for by the adjacent office complexes. He felt commercial use was incompatiblt, office professional and contrary to assurances made to him that office professional was iutended for the property. He fei t the application was a departure from the Civic Center concept, Couucilman Lacayo felt the applicant did not demonstrate that commercial use was warranted and that commercial use in the center of a residential area and government buildings was incon-- s£stent with the Council's intent to have office-professional uses in the area. Councilwoman MacLain stated the Council was interested in exciting development concepts for the Civic Center area which was not provided by the application. City Council Minutes April 10, 1978 469 It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and deny Zone Change #78-2. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. 78-3 (BALL ROAD & JUANITA STREET): Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated March 16 which indicated the Planning Commission on February 16 recommended approval of the zone change which would change the designation of property at the northwest corner of Ball Road and Juanita Street from CG-iO,O00 to a mixed classification of CG-10,000 and RM-20/A. The City Council approved General Plan Amendment #77-5 on January 23 for the subject property. Mayor Hudson asked if the applicant wished to speak. Mr. Doug Powery, representing MEB Investments, 3723 Birch Street, Newport Beach, asked if the Council had questions. Mayor Hudson asked if anyone wished to wished to speak in favor. He asked if in opposition. speak in favor. No one anyone wished to speak Mrs. Joyce Nicholson, 6045 Jeffrey Mark, Cypress, felt the devel- opment of condominiums would increase the traffic problem on Juanita Street which was the subject of concern by area residents in the past. She objected to the change in the General Plan and questioned why the Council was allowing more condominiums. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the 1.03% of vacant commercially zoned land in the City should not be re- duced further since the City needs commercial development for its tax base. He felt the rezoning would be adverse in this area which has a bad traffic problem. Mr. Powery reported that their traffic study indicated that total commercial use would produce more traffic than the combined com- mercial/residential use and he felt their project should not be burdened by the existing traffic problem. He stated that locating the commercial portion at the rear of the property would reduce its visibility from Ball Road. He stated their type of project attracts few fami]ies with children which would not contribute to the tax problem. Councilwoman MacLain recommended that the applicant consider providing access to the condominium portion from Ball Road, rather than Juanita Street. Mr. Powery stated this would be considered. Mayor Hudson stated he previously opposed the General Plan Amend- ment and would oppose the zone change. He felt the Council had a commitment to continue the major scale commercial development which exists in the area and he stated lots between Valley View and Juanita have sufficient depth to continue the commercial plan. It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: -6- City Council Minutes April 10, 1978 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM THE CG-iO,OOD ZONE TO A MIXED CLASSIFICA- TION OF CG-iO,O00 AND RM-20/A AND KNOWN AS ZONE CHANGE NO. 78-3. Councilwoman MacLain strongly recommended that the applicant give consideration to providing access to the development from Ball Road. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Evans, MacLain & NOES: 2 COUNCILMEMBERS: Lacayo & Hudson ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORD- INANCE NO. 78-1t ZONE CHANGE NO. 78-4 (WALKER STREET AREA): Mayor Hudson opened the public hearing and asked for the staff report. The City Manager presented a report dated April 6 indicating the hearing was cootiuued from the March 27 meeting. The Plannlng Director presented a report dated March 16 which indicated the Planning Commission on February 2 recommended approval of the amendment and zone change which would provide a low-density, single-family classification for the Walker Street area. The staff recommended the RS-6OQO (DI) Density Incentive Zone for the area which would retain an underlying zone classification of RS-6000 but provide, through the combining of lots, the option for multiple-family residential development on minimum lot sizes of 13,000 square feet and a maximum density of 11 dwellSng un, ts per acre. The Planning Director reported eight letters were re- ceived in support of single-family residential zoning for the area. He explained provisions of the density incentlve zoning. Mayor Hudson asked if anyone wished to speak in favor. Mr. Bob White, 9764 Cedar Court, Cypress, reported he purchased property at the southeast corner of Walker and Newman Street with the iutention of operating a commercial business. He indicated he wou].d like to request a General Plan amendment for his property. Mayor Hudson recommended that Mr. White apply for the General Plan amendment and he suggested a waiver of fees for his appli- cation. The Mayor asked if anyone wished to speak in opposition. Mr. Darwin Otrambo, 5591 Newman, Cypress, stated most dwellings on Newman are apartments or duplexes and he questioned why tl~e change was proposed. He felt his property would be devalued when it is sold. Mr. Mike Callender, 5612 Camp, Cypress, felt the zoning should be entirely single-family residential or multiple-family resi- dential. He stated he opposed the zone change and preferred multiple-family residential zoning. Mr. Sal Onetto, 9441 Dot, ney Circle, Westminster, property owner at 5552 Newman, stated he supported a reduction in density but he reported several lots on the south side of Newman have 50 feet of width and about 220 feet of depth and allowing only one single-family dwelling on such lots would be uneconomical and a waste of property. He felt two units should be allowed on such lots. He stated many property owners intend to build income units on their property and a single-family home would be un- affordable. He requested special consideration for the deep lots. -7- City Council Minutes April 10, 1978 The Planning Director reported that such deep lots, which are unable to be combined with adjacent lots, would be eligible for a variance from the density requirements to allow construction of a duplex. He responded to questions from the Council regarding recent developments in the Walker Street area and the boundaries of the study area. It was moved by Councilwoman Evans and seconded by Councilman Lacayo to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 12 OF ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, RELATED TO SPECIAL PURPOSE ZONES. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilwoman Evans and seconded by Councilman Lacayo to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONE OF CERTAIN PARCELS OF LAND FROM RM-20/A TO RS-600O (DI) AND KNOWN AS ZONE CHANGE NO. 78-4. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Hudson called a recess at 9:07 p.m. The meeting was called back to order at 9:17 p.m. with all Council members present. It was moved by Mayor Hudson and seconded by Councilman Lacayo to approve a waiver of fees for the filing of an amendment to the General Plan by Mr. Bob White for property at the southeast corner of Walker and Newman Street. The motion unanimously carried by the following roll call vote: AYES: 5 COUNC£LMEMBERS: Evans, Lacayo, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. RUSSELL KAHN~ 6440 KNOTT AVENUE~ #40~ BUENA PARK: Mayor Hudson opened the public hearing and asked for the staff report. The City Manager presented a report dated April 4 indicating the application for a special permit was to allow the solicita- tion door-to-door of Fuller Brush products. The Police Chief's investigation found no basis for denial of the permit. Mayor Hudson asked if the applicant wished to speak. City Council Minutes April 10, 1978 Mr. Russell Kahn, 6440 Knott, #40, Buena Park, reported the company has been in business for 72 years and has a good repu- tation. He requested approval of the solicitation permit. Mayor Hudson asked if anyone wished to opposition to granting of the permit. in favor or in opposition. speak in support or in No one wished to speak It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and approve the special per- mit for Mr. Russell Kahn subject to the condition that solicita- tion be limited to the hours of 9 a.m. to 6 p.m., Monday through Saturday. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: © COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 78-2 (ACACIA DRIVE NEIGHBORHOODS: Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated April 6 which indicated the Planning Commission on March 16 recommended approval of the amendment which would include in the Zoning Ordinance the sale of agriculturally related products which are not raised on the premises on parcels of land located in the RS-15,000 Zone subject to the granting of a conditional use permit. He re- ported this action was initiated after staff received complaints regarding the sale of hay from one of the properties in the RS- 15,000 Zone. He transmitted letters in support of the amendment and materials relating to the Commission's action. Mayor Hudson stated he listened to the tapes of the Planning Commission's discussion on the matter. Mr. and Mrs. Wiersma, 4252 Crescent, Cypress, presented a map showing property owners who had no objections to their hay sales operation. Mrs. Wiersma stated they feel the activity is not detrimental to the area and compliments the rural atmosphere. She reported they sell hay only, they sell about 600 bales every two weeks, and 65 to 70% of the hay is sold to neighbors. She reported they own the parcels on both sides of their home and the adjacent neighbor to the south favors the hay sales. She felt the amendment was justified since there is a need for the activity and no other close source of hay. She stated the risk of theft prevented the sale of hay from their property in the City of Cerritos. Mayor Hudson asked if anyone wished to speak in support of the amendment. Mrs. Mary Van favors adding beneficial to den Raadt, 8644 Acacia Drive, Cypress, stated she the use of hay sales to the zone and it would be the neighborhood to have a close source of hay. Ms. Karen Collins, 8541 to the subject property since it is a clean and disturbance. Acacia Drive, reported she lives adjacent and she has no objections to the hay sales orderly operation and creates no noise or Mrs. Judy Daniels, 8542 Acacia Drive, stated she favors the hay business, it is convenient for the neighborhood, favors including the use in the zoning ordinance. keeping and she -9- City C~uncil Minutes April 10, 1978 "473 Mr. Rod the hay business~ no problems. Ludington, 8591 Acacia Drive, stated he favors keeping it is convenient for the neighbors and creates Mr. Larry Wuebker, 8661 Acacia Drive, stated he felt it is every property owner's right to use his property to the highest and best use especially if it does not infringe on others' rights. He stated approval of the amendment would include another use which ts permissible in a rural area which would be controlled by conditional use permit conditions. He stated the Wiersmas' property is ideally suited to the hay sales, it creates no problem, and he recommended that the Council approve the amend- Mr. Gene Vaughn, 8582 Acacia Drive, stated supply and demand should be a determining factor and there is a market for hay iD the area. He supported the Wiersmas' method of conducting business and felt they should be able to request permission for a conditional use permit which the City would have the option ~!f approving. Mayor Hudson asked if anyone wished to speak in opposition. Mr. Bill Sinclair, 8602 Acacia Drive, stated he objects to changing the ordinance to suit a business. He stated the major- ity o~ people on Acacia Drive wanted the rural designation but few are willing to live up to the requirements. He felt there may bt¢ many businesses which would seem compatible in a rural setting but would be degrading to a residential area. He asked that ~he Counc}l not codify the decline of a troubled residential ales by approving the amendment. Mr. Gary Mordock, 1235 N. Harbor, Fullerton, attorney repre- seuting Mr. and Mrs. Everett Weerheim at 8551 Acacia, stated it was understandable why the previous speakers supported the use since they wanted a convenient source of feed for their animals. l~e stat:ed the ordinance pertaining to this zone requires that only those additional uses are permitted which are complimentary to and can exist in harmony with a residential neighborhood. He felt the hay sales was an obvious commercial use, that the amend- meut was inappropriate for the Zoning Ordinance and represented a concession to a special interest. He asked that it be denied. Mr. Mordock asked that the zoning laws be uniformly applied and enforced to maintain the residential character of the area. He ielt the extent of hay sales outside of the immediate area ex- ceeded what was reported by the Wiersmas. Mayor Hudson indicated he was concerned over the possible growth of similar commercial uses undertaken by property owners in the zone who may wish to raise feed for other types of animals per- mitt~d in the zone or engage in commercial sales of other agri- c~lt~xral products. He felt the direction of the amendment was inconsistent with the original intent of RS-15,000 zoning and he suggested that the Council re-examine the situation. Mayor Hudson moved to close the public hearing, deny the Zoning Ordiuance amendment, and that the Planning Commission and City Council hold meetings with the property owners on Acacia Drive to clarify the intent and purpose of RS-15,0Q0 Zoning. The motion was not seconded. Councilwoman Evans inquired whether the City could control against a large scale commercial venture in the zone. The staff indicated that controls over items such as the hours of operation or the amount of feed to be sold would be available through the condi- tional use permit process. Staff also indicated that certain parcels in the zone may be incompatible for such a use and would not be granted a use permit. Councilwoman Evans suggested that the wording of the amendment be changed to state "limited" sale of feed. -10- City April 10, 1978 f'o]]ewing further discnssion, it was moved by Councilwoman Evans and seconded h¥ Cooncilman Lacayo to close the public hearing, order tile fo]lowing Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance, with the wording of the amendment to state: "limited sale ot feed": ORDINANCE NO. AN ORDINANCE OF THE OF CYPRESS AMENDING NO. 559, THE ZONING CYPRESS, RELATED TO USES IN RESIDENTIAL CITY COUNCIL OF THE CITY SECTION 9.1 OF ORDINANCE ORDINANCE OF THE CITY OF PERMITTED AND CONDITIONAL ZONES. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Lacayo, & Rowan NOES: 1 COUNCILMEMBERS: Hudson ASSENT: 0 COUNCILMEMBERS: None MacLain it was meved by Councilman Lacayo, seconded by Councilwoman MacL;~in and unauimously carried to direct the Planning Commis- sion to undertake a study of commercial uses in the RS-15,000 Zone and provJde recommendations to the Council on criteria for the granting of conditional use permits. PUBLIC HEARING RE: ZONE CHANGE NO. 78-5 (NORTHWESTERLY OF KATELLA AVENUE & KNOTT STREET): Mayor Hudson opened the hearing :~nd asked for the staff report. public The Planning I)Jrector presented a report dated April 6 which indicated the Planning Commission on March 2 recommended approval of the zone chauge of approximately 70 acres of land located northwesterly uf the intersection of Katells Avenue and Knott Street from the MP-40,000 Industrial Park Zone to a Planned Comnmn~ty Iudus~ iai/Commercial Zone. The proposed zone eludes the establishment of an ordinance outlining the types of uses which will be permitted as well as the development and perf~rmance standards for the uses. The Planning Director tran:;mit!:ed a tentative subdivision map for the property. Mayor Hudson asked if anyone wished to speak in support or in oppositJun to the proposed zone change. There was no one who wished to speak in support or in opposition. it was moved by Councilman Lacayo and seconded by Councilman Rowau to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM MP-4O,O00 TO PC-25A (ZONE CHANGE NO. 78-5) AND ADOPTING DEVELOPMENT STANDARDS FOR SAID PROPERTY. The Planning Director responded to questions from Councilwoman Evans regarding minimum lot size, building setback and security lighting requirements. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None -11- City Council Minutes April 10, 1978 PUBLIC HEARING RE: ADOPTION OF UNIFORM BUILDING~ MECHANICAL~ HOUSING AND FIRE CODES~ 1976 EDITION: Mayor Hudson opened the public hearing and asked for the staff report. The City Manager presented a report dated April 3 which indi- cated the City Council on March 13 approved the first reading of an Ordinance and set a public hearing for April 10 to con- sider the adoption of the 1976 editions of the Uniform Building Codes. He reported no communications were received in regard to adoption of the Codes and certified copies of the Codes have been on file in the City Clerk's office available for inspection. Mayor Hudson opposition to in support or asked if anyone wished to speak in favor or in adoption of the Codes. No one wished to speak in opposition. It was moved by Councilman MacLain to close the public inance read by title only, Ordinance: Lacayo and seconded by Councilwoman hearing, order the following Ord- title as follows, and to adopt the ORDINANCE NO. 612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING 1976 EDI- TIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM FIRE CODE, AND UNIFORM BUILDING CODE STANDARDS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, Rowan & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilman Rowan requested a staff report regarding the status of utilization of aluminum wiring in residential construction within the City. ORAL COMMUNICATIONS: Mr. James Duncan, 9787 Rome, Cypress, in- quired about the amortization of dairies within the City. He felt the lack of a phasing out of animals in the Acacia Drive area would present problems. Councilwoman MacLain requested a staff report concerning the riding of bicycles on the sidewalk in shopping centers. EXECUTIVE SESSION: Mayor Hudson called an Executive Session for matters of litigation at 11:10 p.m. The meeting was called back to order at 11:30 p.m. with all Council members present. ADJOURNMENT: It was moved by Mayor Hudson, seconded by Council- man Lacayo and unanimously carried to adjourn the meeting at 11:30 p.m. to Monday, April 17 at 7:30 p.m. in the Administrative Conference Room. MAYOR OF THE Y OF CYPRESS ~ ATTEST: CITY CLERK O~ THE CITY OF CYPRESS -12-