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Minutes 1978-03-16MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD March 16, 1978 The regular meeting of the Cypress Planning Commission was called to order at 7:05 p.m. on Thursday, March 16 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Robert Van Allen presiding PRESENT• ABSENT: Commissioners Adler, Friedmann, Mullen, Partin and Van Allen None Also present were Don Lamm, Assistant Planner, Art Schatzeder, Public Works Director, and Rob Bower, Deputy City Attorney PLEDGE OF ALLEGIANCE. Commissioner Adler led the pledge to the flag MINUTES• It was moved by Commissioner Mullen, seconded by Com- missioner Friedmann and unanimously carried to approve the minutes of February 16 ADMINISTRATIVE MATTERS• 1 Consideration of Report from Police Chief Duke Re. City Policy Relative to Riding Bicycles on City Sidewalks. The Assistant Planner reported that Chief Duke transmitted infor- mation regarding bicycle riding policy in response to the Commis- sions request The report indicated that the California Vehicle Code does not prohibit the riding of bicycles on sidewalks but that the local agency has the authority to enact such a prohibition Cypress has not done so The Commission held general discussion on this matter The Assis- tant Planner stated the Police Department has reported no history of problems involving pedestrians and bicyclists on the sidewalk It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and unanimously carried to receive and file the report At the request of staff, Chairman Van Allen added Item #2 to the agenda under Administrative Matters regarding Design Review for Baskin-Robbins at the southeast corner of Lincoln and Valley View 2 Design Review - Baskin-Robbins Ice Cream - Valley View and Lincoln The Assistant Planner presented the plot plans and elevations for the Baskin-Robbins store to be located at the southeast corner of Valley View and Lincoln Avenue which was approved under Condi- tional Use Permit #77-22. He reported the 20 foot by 60 foot building will be stucco with wood trim and match the color of the fast food restaurant He stated the building complies with the C U P conditions and a landscaping plan will be presented later He reported the trash area is double in size to serve the fast food restaurant and Baskin-Robbins store. Planning Commission Minutes March 16, 1978 The Commission held discussion regarding the building setback on the east property line which was proposed to be 18 inches Commis- sioner Mullen suggested that the setback be determined by staff and the applicant and if there is no valid reason for an 18 inch set- back, then staff can recommend a zero setback from the lot line. It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to approve Design Review for Baskin-Robbins with the question of the building setback on the east property line to be determined by the staff and applicant ORAL COMMUNICATIONS• Chairman Van Allen asked if anyone wished to speak in regard to any item not on the agenda There was no one who wished to speak PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 78-2. Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposed amendment to Section 9 1 B of the Zoning Ordinance of the City of Cypress pertaining specifically to the types of agricultural and related uses and the sale of related agricultural products permitted in the RS -15,000 Single Family Residential Zone. He opened the hearing and asked for the staff report The Assistant Planner read Staff Report #78-10 dated March 9 which described the proposed amendment to the Zoning Ordinance that would allow the commercial agricultural sales of products not raised on the premises in the RS -15,000 Zone Staff recom- mended that the following wording be added to Section 9 1 B of the Zoning Ordinance: "The sale of agricultural products raised on the premises and the sale of feed for animals permitted in the zone" will be subject to the granting of a conditional use permit in the RS -15,000 Zone Chairman Van Allen asked if anyone wished to speak in support of the amendment He requested that the speakers address the appro- priateness of the proposed activity within the RS -15,000 Zone and avoid comments relating to specific properties He noted that the change, if approved, would apply to any parcel within the zone Mr Larry Wuebker, 8661 and 8681 Acacia Drive, Cypress, reported he owns horses and goats and he felt this type of use is needed by residents on Acacia Drive and in the immediate area. He re- ported feed stores on Lincoln Avenue and in the City of Artesia have closed and the only other feed suppliers are about 10 or 15 miles away. He reported the sales would be beneficial to animal owners located on Gay Street, in the City of Cerritos, and in other areas zoned for animals Mrs Mary Van Den Raadt, 8644 Acacia Drive, stated she felt there is a need for this type of sale in the area since there are many horses on Gay Street, Denni Street and La Palma Avenue She re- ported the closest feed store is in the City of Paramount which charges premium prices for feed She stated alternatives would be to bring in hay by the ton on semi -trucks or for the animal owners to travel 60 miles to Norco to purchase feed Mrs Charleen Wiersma, 4252 Crescent Avenue, read a statement from Mr Eugene Vaughn, a property owner at 8582 Acacia Drive, who expressed support for the amendment and felt initiation by the Commission was a positive response to the needs of the people and the special needs of the unique street Mrs Wiersma pre- sented the Commission with a letter from Mr Hal Daniels in support of the amendment and stated she felt the Commission was aware of her feelings on the matter The Assistant Planner reported staff received a letter from Mrs Hatcher, 8681 Acacia, who indicated she could not attend the meeting and she favored the amendment -2- Planning Commission Minutes March 16 1978 Mr Mike Ralfing, 8562 Acacia Drive, stated he supported the amendment and felt it would compliment the Master Plan for the area Chairman Van Allen asked if anyone wished to speak in opposition to the amendment Mr Gary Mordock attorney, 1235 N Harbor, Fullerton, representing Mr Everett Weerheim at 8551 Acacia Drive, stated Mr. Weerheim opposes the amendment because it is an attempt to accommodate a situation dealing with an activity which is unsuitable as a home occupation and is not normally conducted in a residential zone. He felt the Commission has an obligation to ensure that the resi- dential character of the area is maintained since that is the intent of the zone and that activities should be consistent with the residential character. He felt that was the intent of limited criteria for home occupation permits Mr Mordock ques- tioned the consistency of a retail business such as a hay dealer- ship in a residential neighborhood He felt the amendment was ambiguous since it would allow retail or wholesale sales of feed for any type of animal allowed in the RS -15,000 Zone He asked if the amendment referred to animals which are actually on the property or permitted in the zone Mr Mordock felt the amendment could be criticized as a special interest type of amendment since no one else has expressed a desire for such an amendment He felt the amendment exceeded what the Commission should be considering to protect the interests of all property owners within this zone Chairman Van Allen asked if the speakers had any suggestions to change the language of the proposed amendment to make it clearer or less objectionable Mrs Mary Van Den Raadt felt the language was reasonable and applied to animals permitted and living in the zone Mr Larry Wuebker felt the wording was clear and that the section of the ordinance on the RS -15,000 Zone states the types of animals that are permitted He felt the provision for feed sales would apply to the same types of animals living outside of the area Mrs Charleen Wiersma stated the language was clear and that most of the animals permitted in the zone eat hay The Assistant Planner read the Zoning Ordinance provisions dealing with the types of animals permitted in the RS -15,000 Zone The Commission held discussion regarding the proposed amendment Commissioner Friedmann felt the amendment should contain protec- tion of the residential character of the area to prevent retail establishments in the zone Chairman Van Allen indicated he was cconcerned about the impact of allowing commercial feed sales in the residential zone and he felt approval of the amendment may set a precedent for other residential zones in the City where a request may be made for a commercial activity which is felt would be of service to a particular neighborhood Commissioner Adler stated that certain parcels may not be able to take advan- tage of the amendment provisions Commissioner Mullen agreed that certain lots may be inappropriate for feed sales such as the end lots on Acacia Drive He felt any applications for a conditional use permit would be considered on individual merits and he stated he was not concerned about setting a precedent with regard to other residential zones Commissioner Mullen felt the amendment was appropriate for the original intent of the RS -15,000 Zone which was to preserve the rural, agricultural nature of a particular area of the City He felt the amendment corrected an oversight in the drafting of the Zoning Ordinance Commissioner Partin felt the conditional use permit would provide ample control so that an activity would not represent a major commercial use -3- Planning Commission Minutes March 16 1978 Chairman Van Allen stated he considered the alternative of rezoning the parcels on Crescent Avenue to a commercial designation The Attorney indicated this would represent spot zoning Chairman Van Allen asked if anyone else wished to speak Mrs Mary Van Den Raadt stated the possibility of large trucks traveling on Acacia would occur if the amendment is not approved She opposed rezoning the Crescent parcels to a commercial designa- tion She stated out of i8 properties on Acacia and Crescent only five are without animals and all have horses She felt the amend- ment should not be limited to hay only since there are goats and rabbits on the properties Mr. Larry Wuebker stated there has been a history of heavy trucks on Acacia Drive for 20 years since the former owner of his prop- erty was in the trucking business and owned a double trailer He reported this did not present problems He reported there is a maximum amount of traffic on the street created by the pre-school which is visited by 60 to 80 cars daily Mr Wiersma stated his trucks usually travel on Crescent and not on Acacia Drive Mrs. Wiersma felt the easy access by vehicles such as large trucks would be considered with the conditional use permit application and that the conditional use permit will provide adequate control It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Amendment to the Zoning Ordinance #78-2 with the revision that "permitted in the zone" be deleted from the language of the amendment Commissioner Friedmann stated she preferred the language as rec- ommended by the staff. It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Amendment to the Zoning Ordinance #78-2 as recommended by the staff with the finding that the amendment is consistent with the objectives of the Zoning Ordinance Commissioner Friedmann stated that although the amendment relates to commercial uses in a residential zone she felt the uses were compatible with the intent of the Zoning Ordinance and that acti- vities such as hay sales would compliment the atmosphere of the neighborhood The motion carried by the following roll call vote. AYES • NOES. ABSENT: 4 COMMISSIONERS• Adler, Friedmann, Mullen & Partin 1 COMMISSIONERS: Van Allen 0 COMMISSIONERS: None Chairman Van Allen closed the hearing ORAL COMMUNICATIONS: There were no oral communications presented at this time The Assistant Planner reported that the City Council on March 13 withdrew the appeal of General Plan Amendment #77-4 for property at the northeast corner of Bloomfield Avenue and Orange Avenue and that the applicant proposed to submit plans for a commercial center -4- Planning Commission Minutes March 16, 1978 ADJOURNMENT: The Chairman adjourned the meeting at 8.35 p m ATTEST* 3,6„, • AIR C MAN OF THE PLANNING COMMISSION SECRETARY OF THE PLANNING COMMISSION 3 -5-