Minutes 1974-10-17MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
October 17, 1974
The regular meeting of the Cypress Planning Commission was called
to order at 7:35 p.m. on Thursday, October 17, 1974 in the Cypress
City Council Chambers, 5275 Orange Avenue, Cypress, California,
with the following Commissioners present:
PRESENT: Commissioners Greenwood, Hart, Mullen, Van Allen
and Walsh
ABSENT: None
Also present were Planning Director Brian Hawley, Associate Planner
Ron Hovland, and Deputy City Attorney Roger Grable.
PLEDGE OF ALLEGIANCE: The Planning Director led the pledge to the
flag.
The Secretary announced that the first matter of business would
be election of officers and the commissioners went into an Executive
Session at 7:35 p.m. The meeting was called back to order at
7:45 p.m. with all Commissioners present.
Commissioner Greenwood announced that in the Executive Session
the Commission nominated Commissioner Hart as Chairman and Com-
missioner Mullen as Vice Chairman.
The Secretary announced that nominations were open for the offices
of Chairman and Vice Chairman and hearing no further nominations,
he asked for a motion to approve the appointments.
It was moved by Commissioner Van Allen, seconded by Commissioner
Walsh and unanimously carried to approve the appointments of
Commissioner Hart as Chairman and Commissioner Mullen as Vice
Chairman.
At the Planning Director's request, and hearing no objections,
Chairman Hart placed an item on the agenda regarding a Planning
Commission appointment to the City's Fly Abatement Board.
MINUTES:
It was moved by Commissioner Greenwood, seconded by Commissioner
Mullen and unanimously carried, with Commissioners Van Allen and
Walsh abstaining, to approve the minutes of October 3, 1974.
ORAL COMMUNICATIONS:
Chairman Hart inquired if anyone in the audience wished to speak
in regard to any matter not on the agenda. There was no one who
wished to be heard.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -19,
THE DOYLE COMPANY: Chairman Hart announced that this was the time
and place for the continuation of the public hearing to consider a
proposed conditional use permit to establish, operate and maintain
a bowling alley and restaurant including the incidental sale of
alcoholic beverages on 3.50 acres of land situated on the westerly
side of Valley View, 600 feet southerly of Ball Road in the CG-
Commercial General Zone. He stated that the hearing was open and
he requested that the staff present its report.
Planning Commission Minutes October 17, 1974
The Planning Director read a communication from the applicant
which requested that the application for a conditional use permit
be withdrawn since the applicant was unable to obtain financing
for the project. The Planning Director recommended approval of
the request.
It was moved by Commissioner Mullen and seconded by Commissioner
Greenwood to approve the request by the Doyle Company for with-
drawal of the conditional use permit application. The motion was
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COMMISSIONERS:
O COMMISSIONERS:
O COMMISSIONERS:
Greenwood, Mullen, Van Allen, Walsh
and Hart
None
None
Mr. Henry Gillespie, 1425 South Citrus, Fullerton, California,
representing the property owner, stated he regretted the applicant
was unsuccessful in obtaining financing and that they could
not proceed with development. In response to questions from
the Commission, Mr. Gillespie reported that plans were being
checked by the City's Building Department for the shopping
center at the southwest corner of Ball Road and Valley View.
CONTINUATION OF PUBLIC HEARING RE: VARIANCE #74 -6, MR. & MRS.
EDWARD RUSH: Chairman Hart announced that this was the time and
place for the continuation of the public hearing to consider a
proposed variance to construct an addition to an existing
single- family dwelling portions of which will encroach into the
required rear yard setback without providing the minimum amount
of open rear yard on property situated at 10682 Chestnut Street
in the RU- Residential Urban Zone. The Chairman stated the
hearing was open and asked for the staff report.
The Planning Director reported that this hearing was continued
from the last meeting because the applicant was not present. He
stated the staff received a telephone call from the applicant who
indicated he had sold his house and requested that the variance
application be withdrawn. The Planning Director requested that
the applicant submit a letter requesting withdrawal and he reported
that one had not yet been received. The Planning Director recommended
that the Commission deny the variance without prejudice. In the
event the sale of the house is not completed, this would allow
the applicant to refile the application without the one year waiting
period.
It was moved by Commissioner Mullen and seconded by Commissioner
Walsh to deny the application without prejudice for Variance
No. 74 -6, Mr. and Mrs. Edward Rush. The motion was unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COMMISSIONERS: Greenwood, Mullen, Van Allen, Walsh
and Hart
O COMMISSIONERS: None
O COMMISSIONERS: None
PUBLIC HEARING RE: AMENDMENTS TO THE ZONING ORDINANCE: Chairman
Hart announced that this was the time and place for the public
hearing to consider proposed amendments to the Zoning Ordinance
and a complete review of the Zoning Ordinance text by the Planning
Commission. He declared the public hearing open and asked that
the staff present its report.
-2-
Planning Commission Minutes October 17, 1974
The Planning Director presented Staff Report PC #74 -44 dated October
8, 1974 which transmitted the staff's recommendations for amendments
to Sections 7, 8, 9, 13 and 14 to update and clarify the provisions
of the Zoning Ordinance.
The Planning Director explained the following recommendations for
amendments which were discussed and then unanimously approved by
the Planning Commission:
SECTION 7 - ENFORCEMENT
1. Recommendation: Amend Section 7A (Enforcement) to read: "The
City Council, the City Attorney, the Police Chief, the Building
Superintendent, the City Clerk and all officials charged with the
issuance of licenses or permits, shall enforce the provisions
of this Ordinance."
SECTION 8 - DEFINITIONS
1. Recommendation: Delete "Ambient Level ", page 5.
2. Recommendation: Amend "Garage, Public" to read: "...shall
mean any garage, other than a private garage, used for the
storage, parking, care, repairing, or equipping of motor
vehicles."
3. Recommendation: Add the definition "Home Occupation ", to wit:
"HOME OCCUPATION shall mean any use customarily conducted
entirely within a dwelling and carried on by the inhabitants
thereof, which use is clearly incidental and secondary to the
use of the structure for dwelling purposes and which use does
not change the character thereof or does not adversely affect
the uses permitted in the zone of which it is a part."
4. Recommendation: Amend "Non- conforming Use" to read: "...shall
mean a use lawful when established but which does not conform
to the provisions of this Ordinance for the zone in which it is
located."
5. Recommendation: Add the definition "Parking Space ", to wit:
"PARKING SPACE shall mean a space within a public or private
parking area, exclusive of driveways, ramps, columns, office
or work areas for the temporary parking or storage of one
motor vehicle."
SECTION 9 - RESIDENTIAL ZONES
1. Recommendation: Amend Section 9.1, subsection "B" to include
item #7, "Wild, Exotic, Non - domestic Animals" subject to a
conditional use permit in the RE and RU Zones.
2. Recommendation: Amend Section 9.1, subsection "C" to include
"Recreational Vehicle Storage Yards," allowable in all three
residential zones subject to a conditional use permit.
3. Recommendation: Amend Section 9.3, subsection "B" to read:
"Required front and street side yards shall be landscaped and
shall consist predominantly of plant materials except for nec-
essary walks, drives and fences. Said required front and
street side yards shall not be used for the parking or storage
of any motor vehicle, or vehicular accessory such as camper
shells, travel trailers, motor bikes or other wheeled accessory
or conveyance except upon paved surfaces."
-3-
Planning Commission Minutes October 17, 1974
4. Recommendation: Amend Section 9.5, subsection "D" to include
item 4, to wit: "For the purposes of this section, swimming
pools shall be considered to be a detached accessory structure."
SECTION 13 - SPECIAL USES AND CONDITIONS
1. Recommendation: Delete Section 13.1, subsection
and Carnivals.
"A"t
Circuses
2. Recommendation: Amend Section 13.1, the definition of "Home
Occupation" to include it in Section 8, "Definitions ", of the
Zoning Ordinance.
3. Recommendation: Section 13.2, subsection "A" shall read:
"Home occupations permitted by the provisions of the zoning
regulations shall comply with the following regulations upon
approval by the Planning Director:
1. There shall be no equipment or materials other than those
used in the conduct of the home occupation.
2. A home occupation shall be conducted in a dwelling and
shall be clearly incidental to the use of the structure
as a dwelling.
3. In no way shall the appearance of the structure be so
altered or the conduct of the occupation within the
structure be such that the structure may be reasonably
recognized as serving a non - residential use (either by
color, materials, or construction, lighting, signs, sounds
or noises, vibrations, etc.)
4. No one other than a resident of the dwelling shall be
employed in the conduct of a home occupation.
5. No motor or mechanical equipment shall be permitted other
than normally incidental to the use of the structure as
a dwelling.
6. The use shall not generate pedestrian or vehicular traffic
beyond that normal to the district in which it is located.
7. No storage of materials and /or supplies, indoors or out-
doors, which will be hazardous to surrounding neighbors
or detrimental to the residential character of the neigh-
borhood shall be permitted.
8. Not more than one (1) room in the dwelling shall be employed
for the home occupation.
9. No building or space outside of the main building shall be
used for home occupational purposes.
10. There shall be no use of utilities or community facilities
beyond that normal to the use of the property for resi-
dential purposes.
11. A home occupation shall not create any radio or television
interference or create noise audible beyond the boundaries
of the site.
12. No smoke, odor, liquid, or solid waste shall be emitted.
13. No vehicles or trailers (including pick -up trucks and vans)
or construction or other equipment, except those normally
incidental to residential use, shall be kept on the site.
_A-
Planning Commission Minutes October 17, 1974
14. The use of commercial vehicles for delivery of material to
or from the premises shall not be permitted.
The Commission recommended that the words "except upon approval by
the Planning Director" be added to condition #14, noting that a
commercial -type vehicle may be a person's sole means of transportation
and used as a private automobile.
15. The conduct of the home occupation shall not interfere with
the maintenance of the two required parking spaces within
the garage.
16. A business license shall be obtained from the Finance
Department.
17. No sales shall be conducted on the premises.
The Commission recommended that the words "in- person" be inserted
after "no" in condition #17, so that mail or telephone sales
are allowable.
18. The application shall be subject to review each year by
the Planning Director. Violation of any of the criteria
listed above shall result in cancellation of the home
occupation permit and revocation of the business license."
The Commission recommended that the home occupation permits be
reviewed by the Planning Director on a quarterly basis.
Section 13.2, subsection "B" shall read: "A decision of
the Planning Director regarding the approval, disapproval,
or conditions imposed may be appealed in writing to the
Planning Commission within fifteen (15) days of notice
of the decision."
SECTION 14 - OFF STREET PARKING
1. Recommendation: Amend Section 14.2, subsection "B" to
include: Convenience markets - 1 space for each 200 square
feet of gross floor area; drive -in restaurants - 1 space
for each 200 square feet of gross floor area, but not less
than 10 spaces for each such establishment; plant nursery,
garden shop - 5 spaces, plus 1 additional space for each
1000 square feet of outdoor sales or display area; automotive,
boat, camper, or similar vehicle sales, display or rental
uses - 1 space for each 500 square feet of gross floor area,
but not less than 5 spaces.
2. Recommendation: Add Section 14.3, subsection "J" to wit:
"At the discretion of the Planning Commission, off - street
parking facilities providing more than 40 parking spaces
may provide an on -site traffic circulation and parking plan
to accommodate both full -size and compact car spaces. Said
optional parking plans shall meet the following criteria:
1. Not more than 35% of the total number of parking spaces
shall be designed for compact and sub - compact vehicles.
2. Compact spaces must be evenly spread throughout the
total off - street parking area and located opposite a
45 degree full -size aisle and parking stall. (See
parking design scheme.)
3. Compact car parking spaces shall measure 8' x 15' in size."
-5-
Planning Commission Minutes October 17, 1974
Considerable discussion was held regarding the compact car space
provision and Commissioner Mullen spoke strongly in opposition.
He stated that from his observance of parking lots which provide
compact car spaces, it did not appear to be a successful plan
because it was difficult to enforce and could be a deterrent
to business if people were unwilling to park in narrow spaces
because of possible damage to cars. Commissioners Hart and
Van Allen both spoke in favor of the compact car space provision
and felt it would allow a developer more flexibility in meeting
the parking requirements. Also, the Commission must review and
approve all such proposals and, thereby, will be able to ensure
compatibility of the proposal with City development objectives.
A motion to approve the recommendation regarding compact car parking
spaces carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COMMISSIONERS: Van Allen, Walsh and Hart
2 COMMISSIONERS: Greenwood and Mullen
0 COMMISSIONERS: None
In reviewing the DEFINITIONS section of the Zoning Ordinance, the
Commission requested that the staff further study and bring back
a recommendation for the next meeting to clarify the following
definitions: coverage, and commercial and trade schools.
Regarding the "Dwelling, Single Family" definition, the Deputy
City Attorney recommended that primarily be deleted after the
word "designed ", to read: "Dwelling, Single Family shall mean a
detached building designed for the use of one family." This would
prohibit two or more couples from occupying a single- family dwelling.
Regarding the "Kennel, Commercial" definition, and at the recom-
mendation of the Deputy City Attorney to set a number limitation,
the Planning Director stated he would refer to the County Ordinance
to determine if there is a limitation on the number of animals
permitted in a commercial kennel.
It was moved by Commissioner Greenwood, seconded by Commissioner
Mullen and unanimously carried to approve the recommendations in
Staff Report PC #74 -44 with the corrections as indicated.
Consideration of Proposed Resolution of Commendation for Hilliard
Warren.
The Planning Director indicated he would draft a resolution of com-
mendation for former Commissioner Warren and mail it to the Com-
missioners for their input. The Commissioners offered suggestions
for the resolution and indicated that the resolution should reflect
the special affection they had for Mr. Warren as well as cite his
personal warmth, dedication, patience and understanding in dealing
with the public.
Consideration of Planning Commission Appointment to Fly Abatement
Board.
The Planning Director reported that a vacancy existed on the City's
Fly Abatement Board for a Planning Commission representative and
Commissioner Van Allen volunteered to serve on the Board.
Hearing no objections, Chairman Hart approved the appointment
of Commissioner Van Allen to the Fly Abatement Board.
-6-
Planning Commission Minutes October 17, 1974
ADJOURNMENT:
Chairman Hart declared the meeting adjourned at 9:50 p.m.
ATTEST:
CHAIRMAN OF THE PLANNING COMMISSION
SECR TARY •F THE PLANNIN COMMISSION