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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