Ordinance No. 444ORDINANCE N0. 444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE
CITY OF CYPRESS, BY AUTHORIZING THE ZONING ADMINISTRATOR
TO CONSIDER AND DETERMINE APPLICATIONS FOR HOME OCCUPATION
PERMITS AND BY SETTING FORTH THE PROCEDURES THEREFOR.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Part 23 -A of Ordinance No. 90, as amended, hereby is amended
to read as follows:
Sec. 123 -A.1. Description and Purpose:
Recognizing that unrestricted use of residential areas for
purposes of an occupational nature other than that normally
associated with home living has a detrimental effect on both
the residential area in which the occupations are conducted
and the areas properly designated for such uses, and further
recognizing that this detrimental effect results in depreciation
of values, welfare, happiness, and morale of the entire community,
it is the purpose of this article to eliminate this detrimental
effect by setting forth the following criteria and conditions
as applicable to allowable home occupations.
Sec. 123 -A.2. Criteria and conditions.
Home occupations may be permitted by the zoning administrator
after a public hearing provided he determines and finds as a
fact the general criteria listed below:
1. No employment of help other than members of the resident
family on or from the premises.
2n No use of material or mechanical equipment not recognized
as being a part of normal household or hobby uses.
3. No sales of products or services not produced on the premises.
4. The use shall not generate pedestrian or vehicular traffic
beyond that normal to the district in which it is located.
5. It shall not involve the use of commercial vehicles for
delivery of materials to or from the premises.
6. No storage of materials and /or supplies indoor or outdoor
which will be detrimental or hazardous to surrounding
neighborhood.
7. It shall not involve the use or signs and /or structures
other than those permitted in the district of which it is
a part.
8. Not more than one 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. 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 re-
cognized as serving a non - residential use, (either by color,
materials, or construction, lighting, signs, sound or noises,
vibrations, etc,).
110 There shall be no use oc; utilities or community facilities
beyond that normal to the use of the property for residential
purposes.
Sec. 123 -A.3. Decision of the Administrator.
After a public hearing thereon, the zoning administrator may
approve, conditionally approve, modify, deny, or revoke any
home occupation permit. The decision of the zoning administrator
shall be final, unless, within ten (10) days after notice
thereof has been given, an appeal to the planning commission
shall have been perfected by the applicant or any interested
person, or, within the same ten -day period, the planning commission
determines, upon its own motion, to review the proceedings, which
review shall have the same effect as an appeal. No filing fee
shall be required to appeal the decision of the zoning administrator
relating to home occupation permits.
Sec. 123 -A.4. Appeals.
Every appeal from a decision by the zoning administrator shall
be in writing, stating the grounds therefor and setting forth
the alleged error, The original of the appeal shall be filed
with the secretary of the planning commission,
Upon receipt of a copy of the written appeal, the zoning
administrator shall transmit to the secretary of the planning
commission a complete record of the case.
The commission shall hear and decide the matter de novo; at
the conclusion of the hearing, the commission may affirm, modify
cr reverse the decision appealed from.
SECTION 2. Part 24 of Ordinance No. 90 as amended, consisting of Section
12401 through and including 124 22, hereby is amended in part as follows:
(A) Section 124,:2 is amended hereby to read:
Sec. 124„2 Coammencement or initiation of proceedings.
Except as otherwise provided in Part 23 -A of this Zoning Ordinance,
the initial public; hearing on any proceeding hereunder shall be
before the commiss:on. Proceedings may be initiated as follows:
A. Amendments to the Zoning Ordinance or adoption of precise
plans: Such amendments (which include amendments or changes
to the official City Zoning Map) or precise plans may be
initiated by the council, the commission or any property
owner with respect to his property. An application for
such amendment or the adoption of precise plans shall be
made on forms provided by the commission for this purpose,
duly signed and verified by the applicant, and filed with
the commission.
B. Issuance cf variances of conditional use permits: A
request for variance or conditional use permit may be ini-
tiated by an application made by any property owner with
respect LL :oo his own property; by a plaintiff in an action
in eminent domain to acquire property; and /or by an autho-
rized agent of the owner of the property on forms provided
by the commission for this purpose, duly signed, and verified
by the applicant, and filed with the commission.
C, Revocation or modification of variance or conditional use
rrmits: The revocation or modification of any variance or
conditional use permit may be initiated by the commission or
the council on its own motion, or by an application made by any
person damaged or adversely affected by the continuance of
such variance or conditional use permit, on forms provided
by the commission for this purpose, duly signed and verified
by such person, and filed with the commission,
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D. Determination of other permitted buildings and uses:
The determination that a building or use not specifically
permitted is nevertheless a permitted use may be initiated
by an application made by any property owner with respect
to his own property on forms provided by the commission
for this purpose, duly signed and verified by such person,
and filed with the commission.
E. Issuance, revocation, or modification of Home Occupation
Permits: A request for the issuance of any home occupation
permit may be initiated by an application made by any pro-
perty owner with respect to his own property on forms pro-
vided by the zoning administrator for such purpose, duly
signed and verified by the applicant, and filed with the
zoning administrator. The modification or revocation of
any home occupation permit may be initiated by the holder
thereof; by any person damaged or adversely affected by
the continuance of said permit; or, on a motion thereby,
by the zoning administrator, the planning commission, or
the council. An application for the revocation or modi-
fication of a home occupation permit made by the holder
thereof or by any person damaged or adversely affected by
the continuance thereof shall be made on forms provided
by the zoning administrator for such purpose, duly signed
and verified by the applicant, and filed with the adminis-
trator.
(B) Section 124.4 is amended hereby to read:
Sec. 124.4. Setting hearing,:
A. Before the commission: Acting as the case may be:
Upon the receipt of advice from the City Clerk that the
council has initiated any proceedings.
Upon receipt, of an application for an amendment to the
Zoning Ordinance, or the adoption of a precise plan
or application for issuance of a variance or conditional
use permit, or the modification or revocation thereof.
In accordance with instruction of the commission in a case
where any such proceeding has been initiated by the com-
mission on its own motion.
Upon receipt of a notice of appeal from a decision of the
zoning administrator relating to home occupation permits.
The secretary of the commission shall set the time and place
of such hearing. The date of the first hearing shall be
no less than ten (10) days nor more than forty (40) days
from the initiation of the proceedings by the council, by
the commission on its own motion, or by receipt of an
application, or a notice of appeal.
B. Before the council: Upon appeals taken to the council
from a decision of the commission, and on all matters
required by statute or this ordinance, to be acted upon
by the counv.il, the council or city clerk shall fix the
time and place of such public hearing. The date of the
first hearing shall be not less than ten (10) days nor
more than forty (40) days from the date the appeal is
filed with the city clerk, or where action by the council
is required or taken, without an appeal being filed, then
from the date of the commissioner's decision, whether
resulting either from action or inaction on the part of
the commission. If the council finds that it is impractical
to hold st„ ^.h hearing within such forty (40) day period, the
council Tray extend the period.
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C. Before the zoning administrator: Upon receipt of an
application for the issuance, revocation, or modification
of a home occupation permit, the zoning administrator shall
fix the time and place for a public hearing thereon. The
date of the hearing shall not be less than ten (10) days,
nor more than forty (40) days from the receipt of the
application,
(C) Section 124.5 is amended hereby to read:
Sec. 124.5. Notice of •ublic hearin: before the zonin: administrator
commission or council.
Notice of the time and place of public hearings shall be
given in the following manner:
A. Notice of public hearing shall be published once in a
newspaper of general circulation in the City not less than
ten (10) days before the date of the hearing.
B. When the commission or the city council, depending upon
which body is holding the public hearing, so directs, and
not otherwise, notice of the public hearing shall be given
by posting at least ten (10) days before the date set for
the hearing, at least one (1) notice in front of the subject
property, and if more than one subject property is involved,
then notices shall be posted not more than one hundred (100)
feet apart in front of the subject properties. At least five
(5) additional notices shall also be posted within a radius
of three hundred (300) feet of the external boundaries of
the subject property or properties.
C. Whenever a public hearing is upon an application for a
variance, or conditional use permit, or for the revocation or
modification of the ;game, then and only then, notice of the
time and place of the public hearing shall be mailed, postage .
prepaid, not less than five (5) days prior thereto, to all
persons whose names and addresses appear on the last adopted
tax roll of Orange County or as known to the City Clerk, as
owning property within a distance of not less than three
hundred (300) feet from the exterior boundaries of the area
actually occupied by the use which is the subject of the
public hearing.
Notice shall be given by the zoning administrator, the secre-
tary of the commission or the city clerk, depending upon
whether such hearing is to be held by the zoning administrator,
the commission or the council.
(D) Section 124.8 is amended hereby to read:
Sec. 124.8 Investigation,
The zoning administrator, the commission, or the council,
as the case may be, shall investigate the facts bearing
on the case to provide information necessary to act thereon.
(E) Section 124.9 is amended hereby to read:
Sec. 124.9.. Summary of testimony.
A summary of all pertinent testimony offered at public
hearings before the zoning administrator, the commission
and the council and the names of persons testifying shall
be reduced to writing and made a part of the permanent
files of the case.
(F) Section 124.17 is amended hereby to read:
Sec. 124
Notice of decision of action of zoning administrator,
commission or council.
4
y
The zoning administrator, secretary of the commission, or the
city clerk, depending upon whether the hearing was held before
the zoning administrator, the commission or council, shall cause
notice of the decision or official action of the zoning adminis-
trator, commission or council to be given to the applicant, the
city clerk if the action or decision was the council's, the
secretary of the commission if the action or decision was the
commission's, and the zoning administrator if the action or
decision was his, and also to any person whose variance or
conditional use permit or home occupation permit was revoked
or modified. The notice may be served personally, or, in the
alternative sent by mail, addressed to the person shown in the
application. The notice shall be deemed served at the time
it is deposited in the United States mail.
(G) Section 124.18 is amended hereby to read:
Sec. 124.18. Appeals.
Appeals under this ordinance may be taken from any decision of
the planning commission to the council. Every appeal, except
where the review is had upon the council's own motion, shall
be in writing, stating the grounds therefor and setting forth
the alleged error. The original of the appeal shall be filed
with the clerk or secretary of the body to which the appeal
is taken.
SECTION 3. This ordinance shall take effect concurrently with Ordinance
No. 443.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of March, 1971.
(v-LA
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 TH CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was adopted at a regular meeting of the said City Council
held on the 8th day of March, 1971, by the following roll call vote:
AYES: 4 COUNCILMEN: Kanode, Lacayo, Roberts and Kanel
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED: 1 COUNCILMEN: Harvey
CITY CLERK OF THE CITY OF CYPRESS