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Minutes 1972MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD January 6, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 04 p m on Thursday January 6, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans, presiding PRESENT. Commissioners Warren, Evans, Cardoza ABSENT Commissioners Ricker and Sonju Also present were Assistant City Engineer, Ray Coakley, Building Inspector, Ray Warren, and Secretary of the Planning Commission, Ralph White MINUTES: It was moved by Commissioner Cardoza seconded by Commissioner Warren and unanimously carried to continue the consideration of the minutes until the evening session RECESS. The Chairman declared a recess at 4 05 p m to the Coffee Room in the Council Chambers CALL TO ORDER. The Chairman called the meeting to order at 4:06 p m with the following Commissioners present. PRESENT. Commissioners Warren, Evans, Cardoza ABSENT Commissioners Ricker and Sonju Also present were Assistant City Engineer, Ray Coakley, Building Inspector Ray Warren, and Secretary of the Planning Commission, Ralph White STAFF REPORTS AND DISCUSSION. Landscape Review, C-253, C-258, Clayton-Hyter The Chairman announced that there would be a discussion regarding the landscape review on Conditional Use Permits No C-253 and C-258 presented by Clayton-Hyter COMMISSIONER RICKER ARRIVED AT 4.07 P M There was discussion regarding the type of trees that had been installed The applicants stated that they had retained as many of the specified trees as possible The applicants displayed pictures of the project and also landscape plans for the Commission's review There was a brief discussion regarding the sprinkler system and the fact that it was not automatic The Commission stated that the applicant would have to apply for a modification of the conditional use permit and request a manual sprinkler system There was discussion by the Commission on the possibility of having ground covering installed Commissioner Cardoza stated however, that he felt it was more important to have trees in the tree pocket area than the ground cover -1- Planning Commission Minutes January 6, 1972 There was discussion on tree wells within the perimeter drive It was suggested by Commissioner Cardoza that Eucalyptus Torquata could be installed in the tree wells After further discussion it was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to approve these plans subject to the following revision 1 Trees will be installed in the tree wells within the perimeter drive Elevation Review, C-262, Marcusson and Sykes The Chairman announced that there would be a discussion regarding the elevation review for Conditional Use Permit No C-262 presented by Sykes and Marcusson There was brief discussion on the following items. tapered wing walls, balconies, the stucco carports with shingle siding flat roofs wood facade, and 8 x 8 rough saw posts, and the trash enclosures and their treatment There was also discussion on the fact that the trash enclosures were to have wood treatment After further discussion on the carports and the trash areas, the Commission was in basic agreement to approve the elevations as presented. It was moved by Commissioner Cardoza seconded by Commissioner Warren and unanimously carried to approve the elevations as presented MINUTES: November 18, 1971 It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to approve the minutes of November 18, 1971, as written December 2, 1971 It was requested by Commissioner Warren that the following correction be made on Page 5, Paragraph 9 In closing he stated that the price range of the houses would be from $28,000 to $40,000 and there would be a Homeowners Association to maintain the exterior of the buildings as well as the landscaping. It was stated by Commissioner Ricker that he feels one of the purposes of the minutes is to state the reasons why a particular Commissioner votes a certain way He further stated that when a Commissioner votes no on a certain item their reasons for voting no should be explained in the minutes It was requested by Commissioner Cardoza that the following correction be made on Page 10, Paragraph 7• It was moved by Commissioner Cardoza and seconded by Commissioner Sonju that the Commission find and determine that the store selling alcoholic beverages for off premises consumption is not a permitted use in the C-1 Zone Being no further corrections or additions, it was moved by Commissioner Cardoza and seconded by Commissioner Warren to approve the minutes of December 2, 1971, as corrected The motion was carried with the following voice vote. Planning Commission Minutes January 6, 1972 AYES: 3 COMMISSIONERS• Ricker Warren Cardoza NOES• 0 COMMISSIONERS None ABSTAIN 1 COMMISSIONER Evans ABSENT 1 COMMISSIONER. Sonju Commissioner Evans abstained due to the fact that she was absent at the meeting of December 2, 1971 December 16, 1971 It was moved by Commissioner Cardoza, seconded by Commissioner Evans and unan- imously carried to approve the minutes of December 16 1971 as written San Jose Conference in February There was a brief discussion regarding the League of California Cities Meeting in San Jose in February It was decided that the Commission would notify the Planning Department during the next week and let them know if they were plan- ning to attend the San Jose Conference in February Joint Meeting with the City Council There was discussion regarding the joint meeting with the City Council, Saturday, January 15, 1972 It was decided by the Commission that a special meeting should be called in order to allow the Commission to discuss matters that would appear on the joint meeting agenda The Commission was in agreement that a special meeting would be held Thursday, January 13, 1972, at 7:30 p m in order to prepare an agenda that could be discussed with the City Council on Saturday There was discussion regarding the matters that would appear on the agenda It was decided by the Commission that the following items would be on the agenda Optional Design Community Design Goals and Criteria, Park Fees, Architectural Review and the obtaining of a consultant Mr White stated that he would prepare a report on the various Park Fees in other cities for the Commission's review City of Anaheim Commissioner Ricker presented an article to the Commission regarding the City of Anaheim and a proposed stadium There was a brief discussion on this sub- ject S & S Construction Project in Seal Beach Commissioner Ricker presented an article to the Commission in regards to the S & S project in Seal Beach He stated that the article was in regards to the fact that one of the homeowners applied to the city for a variance to get around the 40% open space requirement in an R-1 district in order to build an additional extension to his home The city refused to do it because it was in violation of the Code Discussion on this subject followed As a result of the discussion it was moved by Commissioner Cardoza seconded by Commissioner Ricker and unanimously carried to send a directive to the Building Department that the individual parcels or building plans that are being submitted by S & S Construction should have the total area looked at very closely to eliminate the problems that Seal Beach has had in regards to open land space available Policy Procedure There was a brief discussion regarding policy procedure and which procedure would be used in conducting meetings -3- Planning Commission Minutes January 6 1972 RECESS. Chairman Evans declared a recess at 5.35 p m until 7.30 p m CALL TO ORDER: The Chairman called the meeting to order at 7:36 p m with the following Commissioners present* PRESENT: Commissioners Ricker, Warren, Evans, Cardoza ABSENT: Commissioner Sonju Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission Ralph White ORAL COMMUNICATIONS. There were no oral communications at this time CONTINUATION OF PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO C-271 -- LARWIN MULTIHOUSING CORPORATION: The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of a day nursery on property generally located at 9090 Moody Street The Chairman declared the public hearing open and requested the staff to present its report. Mr White presented Planning Staff Report PC#71-251 for the Commission's considera- tion Mr White also presented a slides presentation of the subject property for the Commission's consideration The Chairman asked if any written communications had been received either in favor or against the application There were none The Chairman then asked if there was anyone wishing to speak in favor of the application Mr Darrell Dalton, representing Larwin Multihousing Corp , 9100 Wilshire Blvd , Beverly Hills, addressed the Commission He spoke in favor of the application for conditional use permit stating that at the present time a cooperative day nursery was being run by the mothers of the apartment complex He requested that they be allowed to advertise with their apartment projects that a day care nursery service is available He stated that with the project on Moody and the one on Lincoln Avenue they felt that they would have enough children from their own developments without bringing outside children into the nursery He further stated that the hours of operation would be from 7 a m to 6 p m and that five parking spaces would be provided for the parents' convenience He stated that these parking spaces would be chained off before the children arrived and after they had left Mr Dalton requested that the conditional use permit be granted allowing a maximum of 33 children in the day care nursery The Chairman asked if there was anyone else wishing to speak in favor of the application There was no one The Chairman then asked if there was anyone wishing to speak against the application There was no one. Mr Daiton stated that Larwin will have control of the nursery He further stated that there is a proposal under consideration to manage these nurseries in house This means that a director will be hired to manage the day care nursery Mr Dalton stated that there are five parking stalls that were previously barricaded on the project due to a noise factor and they would like to unbarricade them to use between the hours of 7 a m and 6 p m Planning Commission Minutes January 6, 1972 There was a discussion which followed regarding the 50 sq ft requirement per child by the state, the fact that Larwin does not own the project but merely manages it, and whether or not the Planning Commission feels that the day care nursery is a permitted and desirable use in this multiple -family project There was also discussion on the fact that day care nurseries were permitted in an R-3 zone as per the adoption of the new R-3 ordinance Mr White stated that the cooperative nursery which was presently being used was in violation of the zoning ordinance It was moved by Commissioner Cardoza, seconded by Commissioner Evans and unani- mously carried to close the public hearing Commissioner Ricker stated that he feels it is a good idea that the developer is trying to provide some type of day care center at this time, and he also stated that he felt this was in line with the intent of the zoning ordinance Commissioner Cardoza stated that he would propose possibly that the number of children be limited to 25 instead of 33 or 29 Commissioner Evans stated that she was very much in favor of having only the children that lived in the project attend the day care center and that no outside children be permitted to attend She also stated that she felt it would be a better idea if the plans were redesigned for the Lincoln Avenue project to include a day care nursery that would be used by both the Lincoln Avenue and the Moody Street projects It was moved by Commissioner Ricker, seconded by Commissioner Cardoza and unan- imously carried to reopen the public hearing for purposes of further testimony Mr Dalton stated that Larwin no longer owned the Lincoln Avenue project and therefore it would be impossible to change the plans in order to allow the day care nursery to be located at that particular location After further testimony was given, the Chairman declared the public hearing closed. It was moved by Commissioner Warren and seconded by Commissioner Ricker to approve Conditional Use Permit No C-271 subject to the following conditions. 1 The hours of operation shall be from 7 a m to 6 p m Monday through Friday only 2 A variance shall be obtained to allow variance from Section 125 27 C D E H and I of the City Code 3 The day nursery shall service a maximum of 25 children 4 The fenced play area comprising 2,900 sq ft as indicated on the approved plot plan shall be the only area utilized for outdoor play purposes by the Day Nursery 5 Three off-street parking spaces shall be located as indicated on the approved plot plan, and shall be marked for restricted parking during the hours of operation of the Day Nursery. 6 The day nursery shall service only the children residing at Tara Hill and not outside children The motion was carried with the following roll call vote. AYES• 4 COMMISSIONERS Ricker, Warren, Evans, Cardoza NOES. 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONER• Sonju -5- Planning Commission Minutes January 6, 1972 CONTINUATION OF PUBLIC HEARING RE: VARIANCE NO V-304 -- LARWIN MULTIHOUSING CORPORATION• The Chairman announced that this was the time and place to consider an application for variance to allow the operation of a day nursery on property generally located at 9090 Moody Street, Cypress, California The Chairman declared the public hear- ing open and requested the staff to present its report Mr White presented Planning Staff Report PC#71-252 for the Commission's considera- tion The Chairman asked if there was anyone wishing to speak in favor of the application Mr Darrell Dalton, 9100 Wilshire Blvd , Beverly Hills, addressed the Commission and stated that he would only be available to answer questions by the Commission Mr White suggested that the following two conditions be part of the approval of Variance No V-304: 1 Subject to all conditions of Conditional Use Permit No C-271 2 Approval shall be fcr a period of one year at the end of which it shall automatically be reviewed by the Planning Commission The review shall include the submission of addresses of the children attending the school There was a brief discussion regarding the location of the parking spaces, the number of spaces, and whether or not they were part of the required parking spaces After discussion, the Chairman declared the public hearing closed It was moved by Commissioner Warren and seconded by Commissioner Cardoza to approve Variance No V-304 subject to the following conditions. 1 Subject to all conditions of Conditional Use Permit No C-271 2 Approval shall be for a period of one year at the end of which it shall automatically be reviewed by the Planning Commission The review shall include the submission of addresses of the children attending the school The motion was carried with the following roll call vote. AYES: 4 COMMISSIONERS: Ricker Warren Evans Cardoza NOES• 0 COMMISSIONERS. None ABSENT 1 COMMISSIONER Sonju CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-210 -- LEO BAROLDI. The Chairman announced that this was the time and place to consider an amendment to the Zoning Ordinance No 90 to change the zone of a certain parcel of land from C-1 (Neighborhood Stores) Zone to C-2 (General Commercial) Zone on property generally located on the southwest corner of Holder Street and Cerritos Avenue The Charman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#71-261 for the Commission's review The Chairman asked if there were any written communications either in favor or against this application There were none The Chairman asked if there was anyone wishing to speak in favor of the applica- tion Mr. Leo Baroldi, 233 Reposado Drive, La Habra Heights, addressed the Commission and stated that he had not had very much success with his property when it was zoned C-1 He also stated that he felt it would be more profitable to the City if it were zoned C-2, -6- Planning Commission Minutes January 6, 1972 The Chairman asked if there was anyone else wishing to speak in favor of the application for zone change There was no one The Chairman then asked if there was anyone wishing to speak against the application for zone change. There was no one There was discussion regarding the location of the property, what was going to be built on it, the present zoning, and the height limitation After the discussion, the Chairman declared the public hearing closed It was stated by Commissioner Ricker that according to the Land Use Element there appeared to be a definite need for additional commercial acreage in the City of Cypress However, he also stated that due to the location of this particular property and due to the size he felt that C-1 was the highest and best use of the property It was moved by Commissioner Ricker and seconded by Commissioner Warren to adopt a resolution denying Zone Change No Z-210 Commissioner Evans stated that she felt there was sufficient C-2 zoning in the immediate vicinity and that there was no need for further C-2 zoned property She also stated that she would be inclined to encourage the development of C-1 zoning The motion was carried with the following roll call vote. AYES• 3 COMMISSIONERS flicker, Warren, Cardoza NOES 1 COMMISSIONER. Evans ABSENT. 1 COMMISSIONER: Sonju Commissioner Evans stated that her vote was incorrectly recorded and she wished to have a revote The motion for denial was then voted on. The motion was carried with the following roll call vote. AYES: 4 COMMISSIONERS: Ricker Warren Evans, Cardoza NOES. 0 COMMISSIONERS. None ABSENT: 1 COMMISSIONERS Sonju The Chairman stated for the benefit of the applicant that the decision of the Planning Commission could be appealed to the City Council within a certain time period RECESS. Chairman Evans declared a recess at 9.27 p m The meeting was called back to order at 9.40 p m with the following Commissioners present PRESENT: Commissioners Ricker, Warren, Evans, Cardoza ABSENT. Commissioner Sonju PUBLIC HEARING RE: ZONING DETERMINATION -- SCOTTFIELD BUILDING CORPORATION: The Chairman announced that this was the time and place to consider a request for zoning determination on property generally located at 6322 E Lincoln Avenue, Cypress, California The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#71-262 for the Commission's con- sideration The Chairman asked if there was anyone wishing to speak in favor of the application Mr Ben Molina, 16917 S. Western Avenue, Gardena, California, representing Scottfield Building Corporation, addressed the Commission and requested that they be allowed to have the flexibility of designing the units in the apart- ment hotel complex and also that they have the flexibility of having kitchens in each unit -7- Planning Commission Minutes January 6, 1972 The Chairman asked if there was anyone else wishing to speak in favor of the application There was no one The Chairman then asked if there was anyone wishing to speak against the application There was no one There was discussion by the Commission regarding the fact that their chief concern was to determine whether an apartment hotel complex was a permitted use in the H -C and the R-4 zones Mr White stated that in regards to his staff report he had come to the conclusion that an apartment hotel complex of this type could not be allowed in either the H -C or the R-4 zones Mr Murphy pointed out that a laundromat could be considered as a similar use in the H -C zone but on the back half of the property an apartment hotel complex could not be allowed in an R-4 zone He further stated that the project would require a substantial amount of variances Commissioner Ricker stated that this project would appear to him to be an attempt to get around the City's square footage requirements for apartments due to the fact that the applicant had requested that the square footage requirement be changed from 700 sq ft minimum to 500 sq ft Commissioner Evans stated that she was basically against the concept of combining apartment and hotel projects because she too felt it was a way of getting around the square footage requirements She further stated that by integrating the two, it would probably make one of them inadequate Commissioner Warren stated that the laundromat would be an acceptable use as far as he was concerned but he would be concerned about allowing an apartment hotel complex due to the increased density Commissioner Cardoza suggested that this particular piece of property could lend itself either to all .:ommercial or all residential The Chairman declared the public hearing closed It was moved by Commissioner Ricker and seconded by Commissioner Warren to move that the Commission find that the use of a laundromat in the H -C (Highway Commercial) Zone is a permitted use but the use of an apartment hotel combination is not a permitted use either in the H -C (Highway Commercial) or the R-4 (High -Density Multiple Family) Zone The motion was carried with the following roll call vote: AYES 4 COMMISSIONERS. Ricker, Warren Evans Cardoza NOES. 0 COMMISSIONERS None ABSENT. 1 COMMISSIONER. Sonju PUBLIC HEARING RE. AN AMENDMENT TO ORDINANCE NO. 90 TO AMEND SECTION 122 11: The Chairman announced that this was the time and place to consider an amendment to Ordinance No 90 the Zoning Ordinance of the City of Cypress to amend Section 122 11 Non Conforming Lots, Buildings, and Uses Under Variance or Conditional Use Permit, initiated by the City Council of the City of Cypress The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#71-262 for the Commission's consideration Mr. White also stated that there had been no written communi- cations received either in favor or against this matter The Chairman asked if there was anyone wishing to speak either in favor or against this particular matter -8- Planning Commission Minutes January 6 1972 Mr Mark Wright, 9080 Bloomfield, Cypress, addressed the Commission and asked for a clarification regarding his property which was a nonconforming lot There was brief discussion regarding what he could do in regards to developing his property Mr Murphy requested that the following revision be made in the ordinance He suggested that it read as follows: Those nonconforming lots, uses and buildings which are existing under a variance or a conditional use permit granted under this or any previous Zoning Ordinance shall be permitted to continue under the conditions and regulations imposed in said permit or variance, provided that such uses may be altered expanded or ex- tended to permit a similar type of nonconforming use determined by the Planning Commission to be no more detrimental to the public health safety and general welfare than those uses otherwise permitted under said variance or permit After brief discussion regarding nonconforming uses the Chairman declared the public hearing closed It was moved by Commissioner Cardoza and seconded by Commissioner Ricker to recommend approval of the ordinance subject to the revision to the City Council The motion was carried with the following voice vote. AYES: 4 COMMISSIONERS• Ricker Warren Evans Cardoza NOES• 0 COMMISSIONERS None ABSENT 1 COMMISSIONER Sonju PUBLIC HEARING RE: ZONING DETERMINATION -- GARY MCKENZIE: The Chairman announced that this was the time and place to consider a request for zoning determination on property generally located at 9927 Walker Street Cypress California The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#71-264 for the Commission s considera- tion Mr White also stated that no written communications had been received either in favor or against the request The Chairman then asked if there was anyone wishing to speak in favor of the request Mr Gary McKenzie 2285 Ximeno, Long Beach addressed the Commission and stated that he believed that through the extensive advertisement of the health club this would bring more people into the area Mr McKenzie stated that the hours of operation for the health club would be from 10 00 a m to 10.00 p m It was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to close the public hearing It was moved by Commissioner Cardoza and seconded by Commissioner Ricker that the Commission find and determine that a health club is a proper and allowable use in a C-2 (General Commercial) Zone The motion was carried with the following roll call vote. AYES 4 COMMISSIONERS Ricker, Warren, Evans, Cardoza NOES. 0 COMMISSIONERS: None ABSENT. 1 COMMISSIONER. Sonju Planning Commission Minutes January 6, 1972 REPORTS OF OFFICERS AND COMMISSIONERS There were no reports of officers or commissioners at this time ADJOURNMENT: Being no further business at this time, the Chairman declared the meeting adjourned at 10:23 p m until Thursday January 13 1972 at 7 30 p m CHAIRMAN OF THE PLANN NG COMMISSION ATTEST. Oa, SECRETARY OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD January 13, 1972 The adjourned regular meeting of the Cypress Planning Commission was called to order at 7:37 p m , on Thursday, January 13, 1972, in the City Council Chambers, 5275 Orange Avenue Cypress, California, Chairman Evans presiding PRESENT. Commissioners Ricker, Sonju, Warren, Evans, Cardoza ABSENT: None Also present was Ralph White, Secretary of the Planning Commission ITEMS OF DISCUSSION: COMMUNITY DESIGN GOALS AND CRITERIA AND ARCHITECTURAL REVIEW AND THE OBTAIN- ING OF A CONSULTANT There was discussion by the Commission as to whether or not they made an effective architectural review board It was the consensus of the Commission that they did not seem to be very effective when acting as this particular board There was discussion pertaining to the fact that some type of consultant or a different board of trained architects was needed in acting on these matters There was also some discussion on whether or not the Commission wanted to re- tain two consultants or just one After further comments were made it was decided that one consultant would be sufficient and his title could be made to include more than one job It was the general consensus of the Commission that an Urban Design and Architectural Consultant be retained to act with the staff in serving the Commission on architectural review It was suggested by Commissioner Cardoza that the following steps be taken 1 First a pre -application review would be held with the applicant and the staff and also the consultant 2 Following the pre -application review the consultant would prepare an additional report to be presented before the final plan was reached 3 Then there would be a final presentation by the consultant to the Planning Commission At this point the Commission could make changes if they desired but they would more or less leave the aesthetics to the consultant since he would be the expert on the subject Commissioner Cardoza stated that he feels that the Planning Commission should only see the final decisions after all of the meetings and if the Commission should disagree with the information presented to them by the consultant then they could appeal the action themselves He further stated that he feels the Commission should stay completely away from the technical aspects of the projects Commissioner Ricker stated that he feels that the Commission should act as the architectural review board because if they don't he feels they are renigging their duty as Planning Commissioners There was final discussion on the matter of hiring a consultant and it was the consensus of the Commission that the following take place' -1- Planning Commission Minutes January 13, 1972 1 An Urban Design and Architectural Consultant be hired to work with the staff and make presentations to the Commission on architectural review 2 The Planning Commission would prepare a package for the consultant's use in order that he would have a list of criteria to follow 3 The Planning Commission would recommend to the City Council that they are in the process of revising an ordinance for Urban Design Review OPTIONAL DESIGN AND PARK FEES It was suggested by Commissioner Ricker that the concept of optional design be retained and have a developer give the city a certain amount of money for park fees There was discussion on the fact that the Commission could require all residen- tial developments to have park fees and at the same time retain optional design There was discussion on a minimum size optional design development that would be required to set aside a certain amount of land for a park site After further discussion it was the general consensus of the Commission that they would recommend a Park Fee Ordinance to the City Council It was decided that they would study a park fee ordinance for each unit in the city and revise the optional design ordinance so that it would include a minimum amount of acreage set aside for a park site PROCEDURES OF THE PLANNING COMMISSION There was a brief discussion regarding the procedures and practices to be used by the Planning Commission at future meetings. ADJOURNMENT Being no further business at this time, the Chairman declared the meeting adjourned at 10:00 p m until the next regular meeting on January 20, 1972 ATTEST. 4SE ARY OF THE PLANNING COMMISSION 60„1, ./4(1111(,) C IRMAN OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD January 20, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.10 p m on Thursday January 20 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Sonju, Warren, Evans ABSENT. Commissioners Ricker and Cardoza Also present were Assistant City Attorney, John Murphy, and Secretary of the Planning Commission, Ralph White ADJOURNMENT: It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to adjourn the meeting to the Employee's Lounge, 5275 Orange Avenue Cypress, California CALL TO ORDER. Chairman Evans called the meeting to order at 4.15 p m on Thursday, January 20, 1972, in the Employee's Lounge, 5275 Orange Avenue, Cypress, California PRESENT. Commissioners Sonju, Warren, Evans ABSENT: Commissioners Ricker and Cardoza Also present were Assistant City Attorney, John Murphy and Secretary of the Planning Commission, Ralph White PLANNING COMMISSION PROCEDURES AND EXHIBITS COMMISSIONER CARDOZA ARRIVED AT 4:28 P M There was discussion by the Commission regarding a permanent exhibit of the Land Use Map and also the Zoning Map It was decided that it would not be feasible to have a permanent Zoning Map since it would be too costly to have it updated all of the time Various methods of a permanent map were discussed There was discussion on photographs, different methods of coloring and different methods of reproduction Brown lines and blue lines were also discussed It was the consensus of the Commission that the permanent exhibits be colored The Chairman suggested that the Commission be provided with an estimate on how much a permanent exhibit would cost There was also a discussion on whether oi not Landmark trees and trailways should be included on the permanent map The possibility of using overlays was also discussed RAISING OF FEES There was a brief discussion on raising the fees of the Conditional Use Permit applications to $150 00 and raising the Variance applications to $75 00 PLANNING COMMISSION PROCEDURE There was a discussion on having a permanently posted set of rules to be placed in the Council Chambers for the use of the Planning Commission It was suggested that some type of form could be followed such as that listed below. -1- Planning Commission Minutes January 20 1972 1 Step forward to the podium 2 Speak into the microphone 3 State your name and address 4 Direct questions to the chair 5 Debate is limited to 10 minutes 6 If you are in a group, appoint a chairman to speak for the group It was decided by the Commission that Ralph White and John Murphy would prepare a resolution to the City Council concerning the Planning Commission's procedure RECESS: The Chairman declared a recess at 5 40 p m until 7.30 p m CALL TO ORDER: The meeting was called back to order at 7.31 p m with the following Commissioners present. PRESENT. Commissioners Ricker, Sonju, Evans, Cardoza ABSENT: Commissioner Warren Also present were Assistant City Attorney, John Murphy, and Secretary of the Planning Commission, Ralph White COMMISSIONER WARREN ARRIVED AT 7.33 P M. ORAL COMMUNICATIONS There were no oral communications at this time PLANNING CONSULTANT There was discussion by the Commission concerning a planning consultant There was a brief review by the Chairman regarding the obtaining of a planning consul- " tant She stated that the Commission had proposed that a consultant be retained to draw up an information packet to include the criteria and the Townscape Ele- ment The consultant would be an Urban Design and Architectural Consultant He would be working with and advising the applicant The consultant would also write a report and present it to the Commission for their consideration It was discussed and decided by the Commission that they would get an estimate from different sources regarding this matter OPTIONAL DESIGN AND PARK FEE ORDINANCE It was the consensus of the City Council that the Optional Design Ordinance remain the same There was a discussion regarding a Park Fee Ordinance There was also discussion on the Quimby Act The Commission reviewed both the Hunting- ton Beach and La Palma Park Fee Ordinance After reviewing these two ordi- nances, there was discussion on drafting an ordinance for the City of Cypress It was the consensus of the Commission that an ordinance would be drawn up by Mr Murphy and presented to the Commission for their consideration This ordinance would be in regards to a park fee ordinance and the Huntington Beach Ordinance would be used as a model LANDMARK TREE ORDINANCE Planning Commission Minutes January 20, 1972 There was discussion by the Commission regarding adopting an ordinance for Landmark trees It was the consensus of the Commission that Mr Murphy also draw up and present to the Commission an ordinance for Landmark trees REPORTS OF OFFICERS AND COMMISSIONERS: There were no reports of officers or commissioners at this time ADJOURNMENT: Being no further business at this time, Chairman Evans declared the meeting adjourned at 9.26 p m until the next regular meeting on February 3 1972 at 4:00 p m �.,JJ)5) CHAIRMAN OF THE PL ATTEST. 00114a, SECRETARY 0 THE PLANNING COMMISSION G COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD February 3, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 10 p m on Thursday February 3, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker, Warren, Evans ABSENT* Commissioners Sonju and Cardoza Also present were City Manager, Darrell Essex, Public Works Director/City Engineer Art Schatzeder, Assistant City Attorney, John Murphy, and Secretary of the Planning Commission Ralph White STAFF REPORTS AND DISCUSSION: Sykes and Marcusson, Conditional Use Permit No. C-262 Mr White read a letter dated January 27 1972, into the record from Sykes and Marcusson This letter, addressed to Mr Essex was in reference to Conditional Use Permit No C-262 The letter stated that they would like an extension of 120 days on their use permit It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to place the item of Conditional Use Permit No C-262, Sykes and Marcusson on the agenda In way of a review, the Chairman stated that the Planning Commission did not approve the Conditional Use Permit originally but it was approved by the City Council on appeal Mr White stated that the applicants did not as yet have a building permit and therefore they still had time to obtain a loan Mr White also stated that they have 180 days in which to commence construction It was moved by Commissioner Warren and seconded by Commissioner Ricker to approve a 120 day extension on Conditional Use Permit No C-262 as requested by the applicants Sykes and Marcusson, due to the hardship involved The motion was carried with the following roll call vote. AYES: 3 COMMISSIONERS. Ricker, Warren, Evans NOES• 0 COMMISSIONERS: None ABSENT 2 COMMISSIONERS* Sonju and Cardoza RECESS: The Chairman declared a recess at 4.19 p m to the Coffee Room in the Council Chambers COMMISSIONER CARDOZA ARRIVED AT 4.20 P M. CALL TO ORDER: The Chairman called the meeting to order at 4.21 p m with the following Commissioners present. PRESENT. Commissioners Ricker, Warren, Evans Cardoza ABSENT. Commissioner Sonju -1- Planning Commission Minutes February 3 1972 Also present were City Manager, Darrell Essex, Public Works Director/City Engineer, Art Schatzeder Assistant City Attorney, John Murphy, and Secretary of the Planning Commission Ralph White. Clayton-Hyter Project There was a lengthy discussion regarding the Clayton-Hyter project and the adoption of an incentive overlay zone COMMISSIONER SONJU ARRIVED AT 4:35 P M After further discussion, the Planning Commission directed the staff to research and prepare an amendment to the zoning ordinance creating an Incentive Overlay Zone for the R-3 Zone It was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to have the staff initiate an ordinance change so that it could be heard at the first meeting in March MINUTES It was moved by Commissioner Warren, seconded by Commissioner Cardoza and unan- imously carried to continue the correction of the minutes to the evening session Landscape Review, C-246, Larwin Multihousing Corp and Landscape Review, C-231, J.D. Lusk: Due to the fact that none of the applicants were present, it was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to continue items a and b to the next regular meeting Items C , D , and E In regards to items c , d , and e on the agenda Mr Essex stated that he would like the opportunity to present these matters to the staff and therefore he requested that these three items be continued to the next regular meeting It was moved by Commissioner Warren, seconded by Commissioner Cardoza and unanimously carried to continue the consideration of items c , d , and e to the next regular meeting There was a brief general discussion regarding matters such as architectural review and the next joint meeting RECESS. Chairman Evans declared a recess at 5:30 p m until 7:30 p m CALL TO ORDER The Chairman called the meeting to order at 7.36 p m with the following Commissioners present. PRESENT Commissioners Ricker, Sonju, Warren, Evans, Cardoza ABSENT: None Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, and Secretary of the Planning Commission Ralph White MINUTES: January 6, 1972 -2- Planning Commission Minutes February 3, 1972 Commissioner Cardoza requested that the following corrections be made on Page 1, Paragraph 14• There was discussion by the Commission on the possibility of having ground covering installed Commissioner Cardoza stated, however, that he felt it was more important to have trees in the tree pocket area than the ground cover The following correction on Page 2, Paragraph 13: It was moved by Commissioner Cardoza and seconded by Commissioner Sonju that the Commission find and determine that the store selling alcoholic beverages for off premises consumption is not a permitted use in the C-1 Zone The following correction on Page 8, Paragraph 8. Commissioner Cardoza suggested that this particular piece of property could lend itself either to all commercial or all residential Being no further corrections or additions to the minutes, it was moved by Commissioner Ricker, seconded by Commissioner Warren and unanimously carried to approve the minutes of January 6, 1972, as corrected January 13, 1972 Commissioner Sonju requested the following correction on Page 1, Paragraph 4• It was the consensus of the Commission that they did not seem to be very effective when acting as this particular board Being no further corrections or additions, it was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to approve the minutes as corrected ORAL COMMUNICATIONS There were no oral communications at this time PUBLIC HEARING RE: ZONING DETERMINATION 72-3 -- DOUGLAS REED. The Chairman announced that this was the time and place to consider a request for zoning determination of property generally located at 5262 Lincoln Avenue, Cypress The Chairman declared the public hearing open and requested the staff to present its report. Mr Essex stated that Mr Tully Seymour, Special Legal Counsel, was present and had information to present to the Commission regarding the zoning determina- tion and he would also be handling part of the public hearing in an effort to gain public testimony He further stated that this particular request is subject to litigation at this time in terms of the business being in operation without the zoning determination or whatever proper zoning is required for this business to operate in the particular zone in which it is in He also stated that the application was for the Commission to determine whether or not a massage parlor operation is a proper and permitted use in the H -C (Highway Commercial) Zone Mr Seymour stated that he would like to present testimony for the Commission's consideration that he felt would establish that a massage parlor is not a similar use to the uses that are presently authorized by the H -C (Highway Commercial) Zone Planning Commission Minutes February 3, 1972 Mr Seymour then questioned Sergeant Richard L Hoffer of the City of Cypress Police Department Sergeant Hoffer stated that he had both written reports and oral communications between himself and other investigators in the southern California area regarding massage parlors He also stated that he has been active in investigating the massage parlor business for approximately four (4) months Sergeant Hoffer stated that he had been in contact with investi- gators from various cities including Orange, Riverside, and Los Angeles in regards to massage parlors serving as houses of prostitution Sergeant Hoffer read portions of a report from the State Attorney General's office regarding the rapid growth of massage parlors in the southern California area The report stated in part that nine (9) out of ten (10) massage parlors are engaged in illicit activities Sergeant Hoffer stated that in regards to the Cypress Health Studio, 5262 Lincoln Avenue, the hours of operation are somewhat flexible He stated that they were operating from ten (10) in the morning until two (2) in the morning seven (7) days a week Sergeant Hoffer stated that he also had several advertisements from the Los Angeles Free Press advertising the Cypress Health Studio at 5262 Lincoln Avenue He stated that these advertisements might tend to lead someone to believe that something other than massage might be obtained here He then presented these advertisements to the Chairman of the Planning Commission. He also presented one advertisement that stated that the Cypress Massage Parlor stayed open as late as five (5) a m in the morning It was stated by Sergeant Hoffer that the various land uses surrounding the massage parlor consisted of a single-family residence, motel, a four or six unit apartment complex, and several other individual residences Sergeant Hoffer also stated that once a massage parlor becomes established it is very difficult for a law enforcement agency to obtain evidence to prove that ill- egal activities are being conducted on the premises Mr Essex read two letters into the record from the applicant, Douglas Reed One letter was dated January 6 1972 addressed to Ralph White regarding a zoning determination for property at 5262 Lincoln Avenue, Cypress, Califor- nia The other letter was regarding reasons for wanting a zoning determina- tion The Chairman asked if there was anyone wishing to speak in favor of the applica- tion The applicant or any representatives for the applicant were not present to speak in favor of the application The Chairman then asked if there was anyone wishing to speak against the application There was no one Mr Essex stated that the staff would recommend, based on the testimony presented during the hearing as to the type of operation, the unique hours of the business operation the adjacent land uses, the location of schools, and other factors dealing with the general area and the incompatibility with the H -C (Highway Commercial) Zone that the application for zoning determina- tion be denied at this time Commissioner Cardoza stated that he was interested in finding out the answers to the following questions 1 What are the normal hours of a legitimate chiropractor? 2 In what zones do other cities permit the use of a massage parlor? Commissioner Cardoza further stated that he was interested in having a study made on these two questions and have the results presented to the Commission Commissioner Warren stated that with the evidence before the Commission he did not feel that a massage parlor operation was compatible in an H -C (Highway Commercial) Zone. -4- Planning Commission Minutes February 3, 1972 Commissioner Ricker stated that he felt that more information should be obtained as to the type of operation involved in this particular application He further stated that he would be in favor of continuing this matter and having the staff research it further and present more information on the subject. Commissioner Evans stated that she was prepared to act on the matter this even- ing with the evidence presented and she was in favor of a denial Mr Essex stated for the Commission's consideration that the item that was being considered was whether or not a massage parlor operation was a similar use to those uses permitted in an H -C (Highway Commercial) Zone Commissioner Cardoza stated for the record that he would like a run down of what the H -C (Highway Commercial) Zone permitted in order to be objective in acting on this application The uses that are permitted in the H -C (Highway Commercial) Zone were then read into the record by the Chairman A Food Stores B Automobile service station Ambulance service stations C Appliance sales, automobile sales service and parts D Animal hospitals subject to a Conditional Use Permit E Public and private recreation facilities F Building materials, retail, hardware stores, commercial greenhouses G Drive-in theaters, subject to the issuance of a Conditional Use Permit H Garages, public and private I Business and dance schools, educational institutions J Garden, patio furniture and equipment stores K Hospitals, subject to the issuance of a Use Permit L Hotels, motels cocktail lounges, bars, lodges and clubs M Medical centers, professional offices N. Newspaper publishing and printing plants O Open air sales, where primary sales and display take place outside a building subject to obtaining a Use Permit P Plant nurseries, flower shops, pottery sales Q Radio and television broadcasting studios R Research and development laboratories (no manufacturing) S Restaurants, service establishments, including barber shops, beauty parlors T Skating rinks, subject to the issuance of a Conditional Use Permit U Theaters and auditoriums ✓ Garden tools and equipment rental stores W Mobilehome courts minimum area seven (7) acres, maximum density ten (10) mobile homes per acre• minimum spaces per court, seventy (70) trailer spaces Commissioner Cardoza stated that he could not see where a massage parlor would be allowed in the H -C (Highway Commercial) Zone and therefore he would be willing to make a decision on the matter regarding the massage parlor tonight He further stated that he would like to instruct the staff to submit a report at a later date as to what categories a massage parlor might fall into legitimate or otherwise Being no further testimony, the Chairman declared the public hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Warren that the Commission determine and find that a massage parlor is not a permitted use in the H -C (Highway Commercial) Zone Commissioner Cardoza stated that he would be voting for denial because he could not see any interpretation within the present zoning ordinance that a massage parlor would fall under -5- Planning Commission Minutes February 3, 1972 The motion to deny was then voted on The motion was carried with the follow- ing roll call vote. TO WIT• ALL AYES It was moved by Commissioner Cardoza and seconded by Commissioner Ricker to instruct the staff to prepare a report to go into further study on what zone a massage parlor would most suitably be allowed in Commissioner Sonju stated that she feels that the staff at this point has more important studies to make and therefore she would be voting against the motion The motion was then voted on The motion was carried with the following roll call vote. AYES• 4 COMMISSIONERS: Ricker, Warren, Evans Cardoza NOES 1 COMMISSIONER• Sonju PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO C-272 -- SANDRA PLOTT. The Chairman announced that this was the time and place to consider an applica- tion for conditional use permit to allow the construction of an addition to an existing pre-school on property generally located at 4549 Cerritos Avenue, Cypress, California The Chairman declared the public hearing open and requested the staff to present its report Prior to the presentation of the staff report the Chairman announced that there would be a certain procedure that would be followed in conducting the public hearings She stated that first the proponents would have an opportunity to present their case, then the opponents would have an opportunity to present their objections and then the proponents would have the opportunity to present their rebuttal She further stated that when anyone stepped forward they were to speak into the microphone and state their name and address for the record Mr White then presented Planning Staff Report PC172-2 for the Commission's consideration The Chairman asked if there was anyone wishing to speak in favor of the application Sandra Plott 5211 Vista Hermosa Street Long Beach, the applicant, addressed the Commission and stated that she was present to answer any questions regard- ing the request for conditional use permit The Chairman then asked if there was anyone wishing to speak against the application Mr Robert Baker, 4544 Patricia Circle, Cypress addressed the Commission and stated that he lived right behind the existing pre-school He stated that there was too much noise from the existing pre-school and he felt that an additional pre-school would only enhance the noise factor He further stated that there was a problem with trash and there was a lack of privacy due to the fact that the wall was not high enough He stated that the wall was originally suppose to be 6 ft high and he stated that it was not 6 ft high on the pre-school side Mrs Joyce Kelly, 10479 Janine Lane, Cypress, addressed the Commission and requested a clarification on the number of children that would be attending the pre-school It was stated that an additional 54 children would be in attendance Mrs Kelly further inquired as to whether or not more super- visors would be hired to take care of the additional children She stated that she felt there were not enough supervisors at the present time She also commented on the fact that the play equipment was too near the fence Planning Commission Minutes February 3, 1972 Mr Frank Morris, 4554 Patricia Circle, Cypress addressed the Commission and stated approximately four years ago there was another conditional use permit application for a pre-school. He stated that the conditions of the use permit had not been met as far as the planting of trees was concerned He further stated that he was concerned about the square footage that would be involved He also stated that he was concerned with the objects that were being thrown over the fence Mrs Plotc readdressed the Commission and stated that she realized it was a problem as far as the objects being thrown over the fence were concerned She also stated that the play equipment had been removed from near the fence She further stated that due to the drainage requirements by the city her yard was approximately 18 inches higher than her neighbors which made her fence lower She commented on the fact that they do have trees in the backyard that were originally intended to act as a buffer from the adjoining yards She stated however whenever the trees died they were always replaced There was discussion on the following items• whether or not the applicant would be interested in extending the wall on her property to 6 ft , moving the building to the back of the property in order to allow the yard in front, and also there was discussion on whether or not the applicant would comply with a condition regarding the landscaping There was also a brief discussion regarding condition number six in the list of conditions. Mr Ken Warmhout, 240 N Granite Avenue, Pasadena landscape architect for the project, addressed the Commission and discussed the wall and the buffering situation He also asked if the Commission would be reviewing the landscape plans A discussion followed regarding the fact that there were two separate legal lots and if a building were to be built it could not be allowed to overlap the lot line There was also a discussion pertaining to increasing the height of the fence in order to make it 6 ft on the pre-school side Being no further discussion on this matter, the Chairman declared the public hearing closed It was moved by Commissioner Warren and seconded by Commissioner Cardoza that Conditional Use Permit No C-272 be approved subject to the following conditions: 1 The facility shall be constructed in substantial conformance to the approved plot plan and elevations 2 The facility shall meet the requirements of the State of California Department of Social Welfare for a day care nursery 3 The construction shall meet the requirements of Fire Zone 462 4 Landscape plans shall be prepared by a registered landscape architect and approved by the Planning Commission prior to installations 5 A sound buffer shall be installed on the north property lines of Conditional Use Permit No C-204 and Conditional Use Permit No C-272 and on the east property line of Conditional Use Permit No C-272 The wall shall be increased a minimum of 6 ft in height from the highest finished grade and this shall be approved by the City Engineer and the Secretary of the Planning Commission -7- Planning Commission Minutes February 3, 1972 6 The time of operation of the day care nursery shall be limited to between the hours of 6 00 a m and 7 00 p m , Monday through Friday with no activity on weekends 7 Play equipment shall be arranged in a manner that will afford the maximum privacy of adjacent property owners and be kept away from the property lines 8 A variance shall be obtained from Sec 125 27 C and 125 27 E of the Zoning Ordinance of the City of Cypress It was stated for the record that the applicant had specifically consented to proposed condition #5 as it relates to the property on which the existing day care nursery is located Prior to voting on the conditions it was moved by Commissioner Cardoza and seconded by Commissioner Warren to amend the motion to include conditions #9 and #10 9 There shall be massive landscape screening, minimum of 8 ft , along the north property lines of Conditional Use Permits No C-204 and C-272 and the east property line of Conditional Use Permit No C-272 10 No certificate of occupancy will be granted until all of the above conditions are complied with It was moved by Commissioner Cardoza seconded by Commissioner Sonju and unanimously carried to reopen the public hearing in order to hear further testimony In response to the Commission, Mrs. Plott stated that she would not be opposed to a total maximum of a 6 ft high block wall fence plus massive planting which would act as screening Being no further discussion, it was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried to close the public hearing The motion to amend was then voted on The motion was carried with the follow- ing roll call vote' TO WIT. ALL AYES The original motion was then voted on The motion was carried with the follow- ing roll call vote TO WIT• ALL AYES John Murphy stated as a point of clarification for the applicant and the audience that when the Commission imposes a requirement that landscaping be installed it goes without saying that if the plants ever die or are removed that they will automatically be replaced in order to meet the conditions of the conditional use permit at all times PUBLIC HEARING RE. VARIANCE NO V-305 -- SANDRA PLOTT: The Chairman announced that this was the time and place to consider an applica- tion for variance to allow a reduction of the number of square feet of outdoor play area required per child for a pre-school on property generally located at 4549 Cerritos Avenue Cypress. The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-3 for the Commission's consideration Mr White stated that no communications had been received either in favor or against the applica- tion -8- Planning Commission Minutes February 3, 1972 The Chairman asked if there was anyone wishing to speak in favor of the applica- tion Mrs Sandra Plott, 5211 Vista Hermosa Street, Long Beach, addressed the Commission and spoke in favor of her application She stated that she felt the 75 square foot requirement would be much more adequate for her purposes than the 100 ft requirement The Chairman asked if there was anyone else wishing to speak in favor of the application There was no one The Chairman then asked if there was anyone wishing to speak against the application Mr Robert Baker, 4544 Patricia Circle, Cypress, addressed the Commission and asked if the wall between the two lots was going to be removed It was stated by the applicant that the wall between the two lots would be removed There was brief discussion by the Commission and the applicant regarding the square footage requirement There was also discussion on making the two lots into a single lot Being no further discussion, it was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried to close the public hearing It was moved by Commissioner Ricker and seconded by Commissioner Cardoza to adopt a resolution approving Variance No V-305 subject to the following condition' 1 This variance shall comply with all of the conditions as stated in Conditional Use Permit No C-272 The motion was then voted on The motion was carried with the following roll call vote: TO WIT. ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS. Architectural Approval There was a brief discussion by the Commission regarding architectural approval in Palm Springs California It was decided that this item would be discussed at the next meeting Regulations on Nursery Schools in an R-3 Zone There was a brief discussion on the fact that the 100 square foot per child outdoor play area requirement is not warranted It was stated that a determina- tion would have to be made one way or the other on whether or not this require- ment was feasible Chairman Evans stated that she would like to direct the staff to come up with some proposals and a report in this direction San Jose Conference in February There was a brief discussion regarding the San Jose Conference in February Commissioner Cardoza stated that he feels an item such as this conference is important and is worth attending by the Commission He further stated that he will personally try to attend. ADJOURNMENT. Being no further business at this time, the Chairman declared the meeting adjourned at 9.45 p m until the joint meeting with the City Council on Monday, February 7, 1972, at 7 00 p m in the City Council Chambers C .IRMAN OF THE PLANNING COMMISSION ATTEST: i i .,,,ef-,K , (Li -f* t SECRETA (THE PLANNING COMM SSION -9- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD February 17, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 04 p m on Thursday, February 17, 1972, in the City Council Chambers 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT. Commissioners Ricker Warren Evans Cardoza ABSENT. Commissioner Sonju Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, Assistant City Engineer, Ray Coakley and Secretary of the Planning Commission, Ralph White MINUTES: January 20, 1972 Commissioner Cardoza requested that the following correction be made on Page 2, Paragraph 9: There was discussion by the Commission concerning a planning consultant There was a brief review by the Chairman regarding the obtaining of a planning consultant She stated that the Commission had proposed that a consultant be retained to draw up an information packet to include the criteria and the Townscape Element The consultant would be an Urban Design and Architectural Consultant Commissioner Warren requested that the following correction be made on Page 2, Paragraph 1: 3 State your name and address Commissioner Evans requested that the following correction be made on Page 2, Paragraph 11• It was the consensus of the City Council that the Optional Design Ordinance remain the same Being no further corrections or additions to the minutes, it was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to approve the minutes of January 20, 1972, subject to the corrections RECESS The Chairman declared a recess at 4:08 p m to the Coffee Room in the Council Chambers CALL TO ORDER. The Chairman called the meeting to order at 4:09 p m with the following Commis- sioners present. PRESENT. Commissioners Ricker, Warren, Evans, Cardoza ABSENT: Commissioner Sonju Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Ralph White -1- Planning Commission Minutes February 17, 1972 STAFF REPORTS AND DISCUSSION: Continuation of Landscape Review, C-246, Larwin Multihousing Corp The Chairman announced that there would be a discussion regarding the landscape review on Conditional Use Permit No C-246, Larwin Multihousing Corporation There was a discussion which followed regarding the screening, the treatment along Lincoln Avenue, and the trash areas There was also discussion regarding the landscaping The double row of Sycamore trees as required by the Townscape Element was also a point of discussion It was stated by Commissioner Cardoza that the double row of trees could be triangulated There was discussion on the need for tree pockets and also a 2 ft buffer on the wall Commissioner Cardoza suggested that the interior have a sufficient amount of trees to soften the 21 story structure There was further discussion regarding the tree pockets, and a 24 inch minimum box size tor the Sycamore trees was discussed Being no further discussion, it was moved by Commissioner Cardoza and seconded by Commissioner Warren to approve the landscape plans subject to the following conditions* 1 Subject to the revised plan submitted to the Secretary of the Planning Commission 2 Compliance with the Townscape Element on the Lincoln Avenue frontage The motion was carried with the following voice vote: AYES* 4 COMMISSIONERS. Ricker, Warren, Evans, Cardoza NOES 0 COMMISSIONERS: None ABSENT. 1 COMMISSIONER* Sonju Continuation of Landscape Review, C-231, J D Lusk The Chairman announced that there would be a discussion regarding the landscape review on Conditional Use Permit No C-231, J D Lusk and Son. The applicant presented three different pians to the Commission They consisted of trees, shrubs, and turf There was discussion regarding development on the adjacent property and the landscaping of it After further discussion on the present landscaping, it was moved by Commissioner Cardoza and seconded by Commissioner Warren to approve the landscape plans subject to the following condition* 1 Buffering shall be provided along the north boundary in the event that the property to the north is not developed within two (2) years The motion was carried with the following voice vote: AYES 4 COMMISSIONERS Ricker, Warren, Evans, Cardoza NOES. 0 COMMISSIONERS. None PP ABSENT: 1 COMMISSIONER: Sonju Landscape Reviewer C-259, Classic Development The Chairman announced that there would be a discussion regarding the landscape review on Conditional Use Permit No. C-259, Maurice Nickle. -2- Planning Commission Minutes February 17 1972 There was a discussion regarding the size of the trees being planted in the development It was suggested by Commissioner Cardoza that additional height would be needed on Walker Street Commissioner Cardoza also stated that there didn't appear to be enough trees on the north side of the development He further stated that larger clusters on the exterior patios were needed. Also tree pockets could be added along the open parking COMMISSIONER SONJU ARRIVED AT 5.19 P M After further discussion on the tree pockets, it was moved by Commissioner Warren, seconded by Commissioner Cardoza and unanimously carried to approve the landscape plans subject to the following conditions. 1 Recommend approval subject to the revised plan submitted to the Secretary of the Planning Commission Items D., E. and F. It was moved by Commissioner Sonju, seconded by Commissioner Cardoza and unanimously carried to continue items d e and f to the end of the agenda under Reports of Officers and Commissioners. Extension on Variance No V-299. Mr White read a letter into the record from Mr Anthony Richards, 5325 Vista Real, Cypress The letter was requesting an extension of time on his Variance No V-299 for a bath house After brief discussion, it was moved by Commission Sonju and seconded by Commissioner Cardoza to extend the time on Variance No V-299 for a 90 day period The motion was carried with the following voice vote. AYES: 4 COMMISSIONERS: Ricker, Sonju Evans, Cardoza NOES• 0 COMMISSIONERS• None ABSTAIN 1 COMMISSIONER Warren Commissioner Warren abstained due to the fact that he abstained on the original request for the variance Extension on Conditional Use Permit No C-250. Mr White read a letter into the record from J A Bergum of Bergum Construction Co , 1023 E Chapman Avenue, Fullerton The letter was requesting an extension of time on Conditional Use Permit No C-250 After brief discussion, it was moved by Commissioner Sonju, seconded by Commissioner Cardoza and unanimously carried to extend the time on Conditional Use Permit No C-250 for a 90 day period RECESS: The Chairman declared a recess at 5.54 p m until 7 30 p m CALL TO ORDER: The Chairman called the meeting to order at 7.37 p m with the following Commissioners present. PRESENT Commissioners Ricker, Warren, Evans, Cardoza ABSENT: Commissioner Sonju Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Ralph White -3- Planning Commission Minutes February 17 1972 ORAL COMMUNICATIONS: There were no oral communications at this time PUBLIC HEARINGS: It was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to take item #4 out of order PUBLIC HEARING RE. AMENDMENT TO THE ZONING ORDINANCE NO. 90, ESTABLISHING AN R -E ZONE. The Chairman announced that this was the time and place to consider an application for amendment to the Zoning Ordinance No 90 establishing an R -E (Residential Estate) Zone, initiated by the City Council of the City of Cypress The Chairman declared the public hearing open and requested the staff to present its report It was requested by Mr White that this item be continued until the March 2, 1972 meeting in order to have further studies made on it It was moved by Commissioner Warren seconded by Commissioner Cardoza and unanimously carried to continue item 4#4 until the March 2, 1972 meeting PUBLIC HEARING RE. MODIFICATION NO 2 OF CONDITIONAL USE PERMIT NO C-206 -- HENRY J VERHOEVEN: The Chairman announced that this was the time and place to consider an application for conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets The Chairman declared the public hearing open and requested the staff to present its report COMMISSIONER SONJU ARRIVED AT 7:40 P M Mr White stated that the applicant has been requested to submit additional information and therefore it is requested that the Commission continue this item until the March 2, 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to continue item #1 to the March 2, 1972, meeting PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-272 -- BOYS CLUB OF CYPRESS. The Chairman announced that this was the time and place to consider an application for conditional use permit to allow the construction of a Boys Club on property generally located on the northwest corner of Moody Street and Cerritos Avenue The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-13 for the Commission's considera- tion Mr White also stated that there had been no written communications received either in favor or against The Chairman asked if there was anyone wishing to speak in favor of the application Mr Richard Morris, President of the Boys Club, 5396-D Lincoln Avenue, Cypress, addressed the Commission and stated that the Boys Club was limited in their funds and therefore he felt it would be difficult to comply with conditions 4#2, 4#4 and X66 as outlined in the staff report The Chairman asked if there was anyone else wishing to speak in favor of the application There was no one She then asked if there was anyone wishing to speak against the application There was no one -4- Planning Commission Minutes February 17, 1972 There was discussion on the amount of supervision that the Boys Club would have and who would perform this service It was stated by the President of the Boys Club that a unit director would be hired and he would be paid by the Boys Club as well as the Anderson Trust There was also discussion on the fact that the adjacent firemen would be assist- ing with some of the activities of the Boys Club There was a brief discussion regarding the fact that the president felt that a wall on the west boundary was not needed He stated that he felt a wall on the east and south boundaries would be more appropriate than one on the west He further stated that he would prefer a chain link fence rather than a block wall Commissioner Sonju stated that she would concur in regards to deleting the fence along the westerly boundary line She also stated that she would be against a chain link fence Also she was in favor of retaining the street lights, and she further stated that she would be willing to delete the condition regarding the automatic sprinkling system There was a brief discussion regarding the parking requirements and whether or not they were adequate It was stated by Commissioner Cardoza that he felt this was a very worthwhile project and he also stated that it could be handled through a phasing program He stated that different parts of the club could be built whenever the funds were available He also suggested that perhaps the applicant could come back to the Commission with an alternate plan Commissioner Warren spoke briefly on what he felt should be done concerning the project. He stated that he felt the 6 ft wall on the westerly property line should be deleted, also the condition regarding the automatic sprinkling system could be deleted, and he also stated that he felt the 6 ft block wall was needed on the northerly property line as well as an additional 2 ft to protect the neighbors on the north It was moved by Commissioner Sonju and seconded by Commissioner Evans to continue Conditional Use Permit No C-273 until the March 2, 1972, meeting The motion was carried with the following roll call vote* TO WIT: ALL AYES PUBLIC HEARING RE: ZONE CHANGE NO. Z-212 -- WARMINGTON CONSTRUCTION COMPANY: The Chairman announced that this was the time and place to consider a pre- annexation zone change to PD (Planned Development) Zone, generally located on the south side of the 4700 block of Lincoln Avenue initiated by Warming - ton Construction Company The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-10 for the Commission's con- sideration Mr White stated that there had been no written communications received either in favor or against The Chairman asked if there was anyone wishing to speak in favor of the application Mr James Warmington 300 N Newport Blvd , Newport Beach, addressed the Commission and spoke in favor of the application for zone change After brief discussion regarding the pre -annexation zone change, Mr Murphy stated that the zone change would be operative on the completion of the annexation proceedings -5- Planning Commission Minutes February 17, 1972 Being no further discussion, the Chairman declared the public hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Ricker to adopt a resolution recommending approval to the Council of Pre -annexation Zone Change No Z-212 The motion was carried with the following roll call vote: TO WIT. ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS: Item D -- Park Fee Ordinance The Chairman asked the Commission if they wished to review the Park Fee Ordinance further or if they were ready to set it for public hearing Mr White stated that the staff had reviewed the ordinance and they felt that it was ready to be set for public hearing Being no further discussion, it was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to set the Park Fee Ordinance for public hearing Item E -- Landmark Tree Ordinance The Chairman asked if the Commission wished to review the Landmark Tree Ordi- nance further or if they were ready to set it for public hearing There was a brief discussion regarding Landmark trees and which trees should be considered as such Commissioner Cardoza suggested that a survey of the city could be taken and this way additional trees could be designated as Land- mark trees Commissioner Cardoza stated he feels that the present map of the Landmark trees should be updated and possibly a committee could be established to review these trees with Ralph and present a report to the Commission It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to set the Landmark tree ordinance for a public hearing and prior to the public hearing have a committee come up with specific recommendations on Landmark trees and other trees to be retained It was decided that Commissioners Cardoza and Sonju would be on the Landmark Tree Committee along with Mr White Item F -- Resolution of the Planning Commission of the City of Cypress setting forth the rules and regulations governing the conduct of its meetings The Chairman asked if there were any questions, corrections or additions to the proposed resolution regarding the rules and regulations of the Planning Commission Mr Murphy suggested that the following addition be made to Page 2, Paragraph 3. Fact finding and advisory committees consisting of members of the Commission may be appointed at the discretion of the Chairman or the direction of the Planning Commission The duties of such committees shall be as described by the Chairman or the Planning Commission Commissioner Warren requested that the following correction be made on Page 3, the last paragraph. -6- Planning Commission Minutes February 17, 1972 Those wishing co be heard in favor of the proposal will now be recognized Each speaker should step forward to the podium and state his name and address for the record There was a brief discussion by the Commission regarding Section 4 Minutes and Records It was moved by Commissioner Warren and seconded by Commissioner Evans that this particular resolution be adopted setting forth the rules and regulations governing the conduct of the Planning Commission in accordance with the written material plus the corrections made There was brief discussion regarding the number of Commissioners that would be present when a request for zone change was heard It was moved by Commissioner Cardoza and seconded by Commissioner Sonju to amend the original motion to have included a new Section 6 and make the old Section 6 into Section 7 Section 6 Zone Changes As a general rule it shall be the policy of the Commission to defer final action on zone changes and other decisions being specially significant to the city until at least four (4) members of the Commission are present to take action thereon Section 7 Conductive Business Unless otherwise provided in this section or by law, Roberts' Rules of Order (newly revised) shall govern the conduct of meetings of the Plann- ing Commission The amendment was then voted on The motion was carried with the following roll call vote: TO WIT ALL AYES The original motion including the amendment was then voted on The motion was carried with the following roll call vote: TO WIT ALL AYES It was decided by the Commission that a cover letter would accompany the agenda stating the procedure to be followed by anyone addressing the Commission Also the Chairman would read the procedure to be followed prior to the beginning of the public hearings An Ordinance to create an incentive for the joinder of substandard parcels in the Multiple -family Residential (R-3) Zone Mr Murphy stated for the benefit of the Commission that a public hearing has been set for the March 2, 1972, meeting in order to consider an ordinance of the City Council of the City of Cypress amending Section 109.4, Ordinance No 90, the Zoning Ordinance of the City of Cypress, to create an incentive for the joinder of substandard parcels in the Multiple -family Residential (R-3) Zone RECESS: Chairman Evans declared a recess at 9 15 p m The meeting was called back to order at 9.30 p.m with the following Commissioners present. PRESENT. Commissioners Ricker, Sonju, Warren, Evans, Cardoza ABSENT: None -7- Planning Commission Minutes February 17, 1972 Joint Meeting with the City Council Chairman Evans reminded the Commission of their joint meeting with the City Council on March 4 1972. Lincoln Avenue Study Committee Commissioner Evans stated for the benefit of the Commission that the last meeting of the Lincoln Avenue Study Committee was held and their recommendation is going to be made in the form of a written report from the City Manager's office Copies of this report will be presented to the Planning Commission and the City Council She further stated that some of the recommendations that were made by the committee were as follows* 1 They recommended a zero setback on Lincoln Avenue 2 Recommendation of underground lighting 3 Recommended that the Council initiate an assessment district 4 Median -- recommended a specific study be made on Lincoln Avenue to determine whether or not what type of median treatment would best be suited for that street 5 Recommended the development of the 12 ft easement which would include the parkways and the city would assess the property owner from an assessment district for the improvement of the curbs, gutters and sidewalks and landscaping of the parkways. 6 Recommended to the City Council that they set a priority that Lincoln Avenue shall be the priority for the allocation of undergrounding allocation money from the Southern California Edison Company She further stated that they recommended that 90 days after this report is finally adopted they shall initiate assessment district proceedings Miscellaneous Correspondence Chairman Evans presented two letters to the Commission for their consideration She explained that one letter was from Mrs Henry Livingston, one of the members of the Cypress Women's Club She further stated that Mrs Livingston is a chairman of the Spring Festival She read the letter to the Commission, and it requested that a representative from the Planning Commission be sent to parti- cipate in the Spring Festival activities There would be a meeting held on February 29, 1972, at the Chamber of Commerce office The Festival is scheduled to be held on May 19, 20, and 21 Invitation from the Straight Talk Clinic Chairman Evans read an invitation to the Commission requesting that they attend the opening and dedication of the new counseling center for the Straight Talk Clinic. The opening is to be held on March 4, 1972, at 1:00 o'clock in the after- noon ADJOURNMENT Being no further business at this time, the Chairman declared the meeting adjourned at 9 45 p m to the next regular meeting of March 2, 1972, at 4:00 p.m. ATTEST. oi SECRE4LA:e4C(i;THE PLANNING COMMISSION CHAIRMAN OF THEkeY P 'G COMMISSION -8- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD March 2, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 00 p m on Thursday, March 2, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT Commissioners Ricker, Warren, Evans ABSENT. Commissioners Sonju and Cardoza Also present were Assistant City Engineer, Ray Coakley and Secretary of the Plan- ning Commission, Ralph White. RECESS: The Chairman declared a recess until Commissioner Cardoza arrived in order to proceed with landscape review CALL TO ORDER: The Chairman called the meeting to order at 4.25 p m with the following Commissioners present: PRESENT• Commissioners Ricker, Warren, Evans, Cardoza ABSENT. Commissioner Sonju Also present were Assistant City Engineer, Ray Coakley and Secretary of the Planning Commission, Ralph White MINUTES: February 3, 1972 Commissioner Evans requested that the following correction be made on Page 9, the last paragraph: Being no further business at this time, the Chairman declared the meeting adjourned at 9:45 p m until the joint meeting with the City Council on Monday, February 7 1972, at 7:00 p m in the City Council Chambers Being no further corrections or additions, it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to approve the minutes as corrected STAFF REPORTS AND DISCUSSION It was moved by Commissioner Warren seconded by Commissioner Ricker and unan- imously carried to take Item B out of order RECESS: The Chairman declared a recess at 4:27 p.m. to the Coffee Room in the Council Chambers CALL TO ORDER: The Chairman called the meeting to order at 4 28 p m with the following Commissioners present: -1- L Planning Commission Minutes March 2 1972 PRESENT. Commissioners Ricker Warren, Evans, Cardoza ABSENT Commissioner Sonju Also present were Assistant City Engineer, Ray Coakley and Secretary of the Planning Commission, Ralph White Landscape Review -- C-279, Sandra Plott: There was discussion by the Commission on the landscape plans There was also discussion on the following items: the proposed earth mounds in the landscape development, the existing wall on the east and north sides the reinforcement of the wall on the east and north property lines, the treatment on the front of the building the fence in the front and the possible addition of vine pockets, the maintenance of the landscaping, the ground covering, irrigation, and the parking lot Being no further discussion at this time, it was moved by Commissioner Warren, seconded by Commissioner Cardoza and unanimously carried to approve the landscape plans subject to the following condition 1 Subject to the working drawings to be reviewed by the Planning Commission at a later date Landscape Review -- C-266, Panamint Construction. Due to the fact that none of the applicants were present, it was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to continue Item A to the next regular meeting Energy Conference Chairman Evans stated for the benefit of the other Commissioners that she had attended the Energy Conference at the Anaheim Convention Center She gave a brief review of what had taken place RECESS: Chairman Evans declared a recess at 5.30 p m until 7'30 p m. CALL TO ORDER: The Chairman called the meeting to order at 7.31 p.m with the following Commissioners present PRESENT. Commissioners Ricker Warren, Evans Cardoza ABSENT Commissioner Sonju Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, Assistant City Engineer, Ray Coakley and Secretary of the Planning Commission, Ralph White ORAL COMMUNICATIONS: There were no oral communications at this time PUBLIC HEARINGS. OF CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT NO. C-206 -- HENRY J. VERHOEVEN: it The Chairman announced that this was the time and place to consider an application for conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo streets, requested by Henry J Verhoeven The Chairman declared the public hearing open and requested the staff to present its report -2- Planning Commission Minutes March 2, 1972 Mr White stated that the staff had requested additional material from the applicant which they had not yet received and therefore they were requesting that this item be continued until the next regular meeting It was moved by Commissioner Ricker, seconded by Commissioner Warren and unanimously carried to continue Modification No 2 of Conditional Use Permit No C-206 until the March 16, 1972, meeting PROCEDURES TO BE FOLLOWED FOR THE PUBLIC HEARINGS OF THE PLANNING COMMISSION MEETINGS Prior to the opening of the next public hearing, Chairman Evans read for the benefit of the audience the procedure that would be followed by the Planning Commission in conducting their public hearings It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to take Item 464 out of order PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO C-274 -- HERMAN LEHNER. The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of an open-air trailer and boat sales and tool rental, on property generally located at 5061 5071 and 5081 Lincoln Avenue, Cypress, requested by Herman Lehner The Chairman declared the public hearing open and requested the staff to present its report Mr White requested a ccntinuance on this matter to the next regular meeting It was moved by Commissioner Warren, seconded by Commissioner Cardoza and unanimously carried to continue Conditional Use Permit No C-274 to the March 16 1972, meeting CONTINUATION OF PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO C-273 -- BOYS CLUB OF CYPRESS: The Chairman announced that this was the time and place to consider an application for conditional use permit to allow the construction of a Boys Club on property generally located on the northwest corner of Moody Street and Cerritos Avenue, requested by the Boys Club of Cypress The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-15 for the Commission's considera- tion The Chairman asked if there was anyone wishing to speak in favor of the application Mr Wynn Chapman, Hyatt Dye Cast, Orange, California, addressed the Commission and stated that he would be available to answer any questions that the Commission might have He further stated that he was in complete agreement with the five (5) proposed conditions The Chairman asked if there was anyone else wishing to speak in favor of the Boys Club application There was no one The Chairman then asked if there was anyone wishing to speak against the application There was no one There was discussion regarding conditions #5 concerning the fencing and the screening Also there was discussion on the location of the main structure Other items that were discussed were as follows• side yard requirements the materials used for the driveways, whether or not the main structure was temporary or permanent, and whether or not the parking was temporary or permanent. Commissioner Cardoza stated that there appeared to be a large amount of concrete with no relief from the standpoint of landscaping He suggested that perhaps some type of green separation could be provided between the building and the asphalt -3- Planning Commission Minutes March 2 1972 Discussion followed on whether or not the parking spaces could be moved further south There was also discussion on moving one of the green belts Mr Chapman stated that the only other uses that he would anticipate this build- ing being used for would be a recreation facility for the firemen or the Boys Club Board of Directors might hold their meetings there There was discussion on who would provide the street lights Mr White stated that the City would take care of this. COMMISSIONER SONJU ARRIVED AT 8 07 P M There was brief discussion regarding the trash areas an automatic sprinkling system, and a certificate of occupancy Lighting the facility for nighttime use was also discussed The Chairman declared the public hearing closed It was moved by Commissioner Warren and seconded by Commissioner Ricker to approve Conditional Use Permit No C-273 subject to the following conditions. 1 The facility shall be developed in substantial conformance to the approved site plans 2 Drainage shall be solved to the satisfaction of the City Engineer 3 Moody Street shall be improved with driveway approaches per City standards 4 Landscape plans shall be prepared by a registered landscape architect and approved by the City staff Street trees shall be installed per City policy 5 Fencing and screening shall be installed as deemed necessary as the facility is developed, to be approved by the Planning Commission 6 The parking shall be rearranged as per Exhibit A 7 Trash areas shall be enclosed and screened from public view 8 At such time that lighting is installed it shall be approved by the Planning Commission and directed away from adjoining properties It was moved by Commissioner Cardoza and seconded by Commissioner Warren to amend the original motion to include the wording of the following conditions. 4, Landscape plans shall be prepared by a registered landscape architect and approved by the Planning Commission. Street trees shall be installed per City policy 6 The parking shall be in substantial conformance to the intent of Exhibit A subject to final review by the Planning Commission. 9 Architectural style shall be in substantial conformance to the fire station The amendment to the original motion was then voted on The motion was carried with the following roll call vote. -4- Planning Commission Minutes March 2, 1972 AYES• 4 COMMISSIONERS: Ricker, Warren, Evans, Cardoza NOES 0 COMMISSIONERS. None ABSTAIN. 1 COMMISSIONER Sonju The original motion was then voted on The motion was carried with the following roll call vote AYES: 4 COMMISSIONERS. Ricker, Warren, Evans, Cardoza NOES• 0 COMMISSIONERS: None ABSTAIN 1 COMMISSIONER Sonju Commissioner Sonju abstained due to the fact that she was not present for the entire testimony regarding this matter CONTINUATION OF PUBLIC HEARING RE. INITIATION OF AN R -E (RESIDENTIAL ESTATE) ZONE: The Chairman announced that this was the time and place to consider an application for amendment to the Zoning Ordinance No 90, establishing an R -E (Residential Estate) Zone initiated by the City Council of the City of Cypress The Chairman declared the public hearing open and requested the staff to present its report Mr White presented an ordinance, amending Ordinance No 90, for the Commission's consideration It was the recommendation of the staff that the Planning Commission adopt a resolution recommending approval to the City Council of the new R -E (Residential Estate) Zone The Chairman asked if there was anyone wishing to speak in favor of the request for a new zone Mrs John Van den Raadt, 8644 Acacia Drive Cypress, addressed the Commission and stated that she feels the R -E (Residential Estate) Zone would be beneficial to several of the residents in Cypress and that it is a wanted zone The Chairman asked if there was anyone else wishing to speak in favor of the request There was no one. The Chairman then asked if there was anyone wishing to speak against the request for the new zone Mr George Church 4252 Crescent, Cypress, addressed the Commission and presented a petition against the proposed R -E (Residential Estate) Zone and stated that he didn't feel that an R -E zone should be allowed in Cypress Also he stated that horses should not be allowed There was discussion regarding the ordinance and the following revisions were suggested Page 2, Section E Keeping of horses or cattle for non-commercial purposes; provided that no such animals shall be kept on a cite of less than 10 000 square feet that two animals may be kept on a site containing 10,000 to 15,000 square feet, that one additional such animal may be kept for each additional 10,000 square feet, and that no such animal shall be kept closer than 50 feet to any dwelling Page 2 Section F Keeping of not more than 5 poultry and 5 adult rabbits for non-commercial purposes, at least 75 feet from any dwelling Page 2, Section G 1 Accessory Buildings Accessory buildings, other than those intended and used for the keeping of animals whether attached or detached, shall meet all of the requirements for location of the main structure -5- rr- G.. Planning Commission Minutes March 2, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to close the public hearing It was moved by Commissioner Sonju and seconded by Commissioner Ricker to adopt a resolution recommending approval to the City Council of the proposed ordinance on an R -E (Residential Estate) Zone to include the above suggested revisions which would read as follows: Page 2, Section E Keeping of horses or cattle for non-commercial purposes; provided that no such animals shall be kept on a site of less than 10,000 square feet, that two adult animals may be kept on a site containing 10,000 to 15,000 square feet, that one additional such animal may be kept for each additional 10,000 square feet, and that no such animal shall be kept closer than 50 feet to any dwelling Page 2, Section F Keeping of not more than 5 poultry and 5 adult rabbits for non- commercial purposes, at least 75 feet from any dwelling Page 2, Section G 1 Accessory Buiidings. Accessory buildings, other than those intended and used for the keeping of animals whether attached or detached, shall meet all of the requirements for location of the main structure The motion was carried with the following roll call vote: TO WIT: ALL AYES PUBLIC HEARING RE VARIANCE NO V-306 -- A. ROBERT TABAK: The Chairman announced that this was the time and place to consider a variance to allow enclosure of a patio in the 10 feet front yard setback on property generally located at 9951 Walker Street, Cypress, California, requested by A Robert Tabak The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-16 for the Commission's considera- tion Mr White stated that there had been no written communications received either in favor or against the application for variance The Chairman asked if there was anyone wishing to speak in favor of the application Mr Bob Tabak, P 0 Box 1223, Orange, addressed the Commission and spoke in favor of the variance application. He stated that they were going to extend the present 400 sq ft building to a 1,200 sq ft building There was discussion regarding the enclosure of the patio and also the 10 ft setback Mr Tabak also stated that there would be no entrance on the Walker Street side He further stated that the entire enclosure would be glass There was also a brief discussion regarding the existing landscaping The Chairman asked if there was anyone else wishing to speak in favor of the application Daryl Ellwart, Chamber of Commerce, Cypress, addressed the Commission and stated that she urged approval of the variance She further stated that as the building now exists it is a detriment to the Cypress business district and any improvement would be desirable. Due to the fact that no one else wished to speak either in favor or against the application Chairman Evans declared the public hearing closed -6- Planning Commission Minutes March 2, 1972 It was moved by Commissioner Ricker and seccnded by Commissioner Cardoza to adopt a resolution approving Variance No V-306. Commissioner Sonju stated that she would be voting against the motion because she felt that there was no real hardship involved The motion was then voted on The motion carried with the following roll call vote: AYES. 4 COMMISSIONERS Ricker, Warren, Evans, Cardoza NOES: 1 COMMISSIONER: Sonju RECESS: Chairman Evans declared a recess at 9:11 p.m. The meeting was called back to order at 9.28 p m. with the following Commissioners present. PRESENT. Commissioners Ricker, Sonju, Warren, Evans, Cardoza ABSENT: None PUBLIC HEARING RE TO CREATE AN INCENTIVE FOR THE JOINDER OF SUBSTANDARD PARCELS IN THE MULTIPLE -FAMILY RESIDENTIAL (R-3) ZONE The Chairman announced that this was the time and place to consider an Ordinance of the City Council of the City of Cypress amending Section 109.4, Ordinance No 90 the Zoning Ordinance of the City of Cypress, to create an incentive for the joinder of substandard parcels in the Multiple -family Residential (R-3) Zone The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC4172-17 for the Commission's consideration He also presented a proposed ordinance from the City Council of the City of Cypress Mr White further stated that there were no written communications received either in favor or against the request The Chairman asked if there was anyone wishing to speak in favor of the request Mr. James Duncan 9582 S Walker Street, Cypress, addressed the Commission and stated that he was in favor of the proposed ordinance He stated his reason for being in favor of the ordinance was due to the fact that he did own a small lot in Cypress Mr William F Reed, architect, addressed the Commission and stated that he was also in favor of the ordinance He stated that this type of thing did allow more open space and it also provided more area to work with for a required number of units The Chairman asked if there was anyone wishing to speak against the ordinance There was no one It was suggested by Commissioner Ricker that 413 under Section B be changed to read as follows. 3) All of the other provisions of this Zoning Ordinance have been complied with There was discussion regarding #1 under Section B Being no further discussion, Chairman Evans declared the public hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Ricker to adopt a resolution recommending to the City Council an amendment to the Zoning Ordinance creating an incentive for the joinder of substandard parcels in the Multiple - family Residential (R-3) Zone with the following revision in Section B , #3. Planning Commission Minutes March 2 1972 3) All of the other provisions of this Zoning Ordinance have been complied with Commissioner Warren stated that he would be voting against the motion due to the fact that #1 was not changed. It was moved by Commissioner Cardoza and seconded by Commissioner Warren to amend the original motion to read as follows: 1) Two or more lots in the R-3 zone, at least one of which is less than two acres in area, and the second parcel not be more than four (4) acres in area have been joined together into a single lot and the second parcel not be more than four (4) acres in area The motion to amend was then voted on The motion was carried with the following roll call vote: AYES 3 COMMISSIONERS. Ricker, Warren, Cardoza NOES. 2 COMMISSIONERS. Sonju and Evans The original motion was then voted on The motion was carried with the following roll call vote. TO WIT: ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS. Chairman Evans presented a letter to the Commission from the University of California Extension The letter was concerning a Housing Conference scheduled for Saturday, March 11, 1972, on the U C I campus from 9.00 a.m. to 4:00 p.m San Jose Conference Commissioner Cardoza stated for the record that he did attend the League of California Cities Planning Conference in San Jose He further stated that it was a very worthwhile seminar He also stated that when he got his notes together he would be submitting a report to the Planning Commission Extension of Variance No V-291. It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to add Variance No V-291 to the agenda Mr White read a letter into the record requesting an extension on Variance No V-291. There was discussion on the matter of the variance Mr Murphy stated that the variance, as far as he could tell, had not expired He further stated that a variance expires if the uses for which they are granted are not commenced within 180 days after issuance He also stated that variances can be revoked if a variance is being used contrary to the conditions of approval He stated that apparently the variance is operative but is subject to revocation because of an admitted failure to comply with the conditions It was moved by Commissioner Warren, seconded by Commissioner Ricker and unan- imously carried to approve the request for an extension of time for 120 days and if the conditions are not met within that time action will be taken to revoke the variance Sign Ordinance There was brief discussion regarding the sign ordinance and Chairman Evans stated that any matters regarding the sign ordinance could be brought up at the joint meeting with the City Council on Saturday, March 4, 1972 -8- Planning Commission Minutes March 2, 1972 Post Office Commissioner Cardoza was interested in knowing whether or not the construction of the post office was going on at the time of annexation He requested a report on the timing as to when the annexation took place and what the construction dates were ADJOURNMENT: Being no further business at this time, Chairman Evans declared the meeting adjourned at 10.05 p m until the joint meeting with the City Council on Saturday, March 4, 1972 at 8:30 a m in the Administrative Conference Room CHAIRMAN OF THE PLANNING COMMISSION ATTEST SEC KETA1tY OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD March 16 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.08 p m on Thursday March 16, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker, Warren, Evans, Cardoza ABSENT: Commissioner Sonju Also present were City Manager, Darrell Essex, Assistant City Attorney John Murphy Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Ralph White. MINUTES. February 17, 1972 Commissioner Evans requested the following correction on Page 8, Paragraph 4• 4 Median -- recommended a specific study be made on Lincoln Avenue to determine what type of median treatment would best be suited for that street Being no further corrections or additions, it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to approve the minutes of February 17, 1972, subject to the correction March 2, 1972 Commissioner Cardoza requested the following correction on Page 8, Paragraph 9• Commissioner Cardoza stated for the record that he did attend the League of California Cities Planning Conference in San Jose He further stated that it was a very worthwhile seminar. He also stated that when he got his notes together he would be submitting a report to the Planning Commission Being no further corrections or additions, it was moved by Commissioner Cardoza seconded by Commissioner Ricker and unanimously carried to approve the minutes of March 2 1972 subject to the correction STAFF REPORTS AND DISCUSSION. Chairman Evans stated that there were two items to be added to the afternoon agenda They would read as follows: B. Nickle Property -- Landscape Review and C Pioneer Take Out -- Architectural Review RECESS: The Chairman declared a recess at 4.15 p m to the Coffee Room in the Council Chambers CALL TO ORDER. The Chairman called the meeting to order at 4:16 p m with the following Com- missioners present: PRESENT. Commissioners Ricker, Warren, Evans, Cardoza ABSENT: Commissioner Sonju -1- Planning Commission Minutes March 16, 1972 Also present were City Manager, Darrell Essex, Assistant City Attorney, John Murphy, Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Ralph White Continuation of Landscape Review -- Panamint Construction, C-266 The Chairman announced that there would be a hearing regarding the landscape pians for Conditional Use Permit No C-266 Panamint Construction Company There was discussuon regarding maintaining some of the existing trees and tying them into the present project There was also discussion on the following items: the treatment of the frontage the type of Eucalyptus trees to be used on the project, trees, ground cover, and vines to be used throughout the project, the use of low shrubs around the parking, the trash enclosures and how they would be screened the treatment in the parking lot, and what type of trees would be used along the back area of the project COMMISSIONER SONJU ARRIVED AT 4:34 P M Being no further discussion, it was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to approve the landscape plans subject to the following revision. 1 Subject to the revised plot plan as submitted to the Secretary of the Planning Commission RECESS: The Chairman declared a recess at 4 35 p m back to the Council Chambers CALL TO ORDER: The Chairman called the meeting to order at 4 36 p m with the following Commissioners present. PRESENT. Commissioners Ricker Sonju Warren Evans, Cardoza ABSENT. None Also present were City Manager, Darrell Essex Assistant City Attorney John Murphy Assistant City Engineer, Ray Coakley and Secretary of the Planning Commission, Ralph White Landscape Review -- Nickie Property, Conditional Use Permit No C-259: The Chairman announced that there would be a hearing on Conditional Use Permit No C-259, landscape review Mr White read a letter into the record from Mr Nickle, requesting permission for the issuance of certificates of occupancy for buildings 1, 3, 5, and 7 on or before April 1, 1972 One other consideration that Mr White thought the Commission should concern themselves with was the architectural treatment of the carports Chairman Evans stated that the Commission would first discuss the treatment of the carports Mr Maurice Nickle 7141 Walker Street La Palma, addressed the Commission and stated that after the plan for the carports was approved he did some investigating regarding the wood shingles on the sides of the carports He stated that he discovered, from other developments, that the wood shingles required more maintenance than a block wall He also stated that if the wall were hit by a car it would be damaged more than a block wall Mr Nickle displayed a plan showing the proposed walls that would be block instead of wood shingled for -2- Planning Commission Minutes March 16, 1972 the Commission's consideration Mr Nickle further explained that he was proposing that the exterior of the carports be stuccoed He stated that he felt the block wall would be more attractive than wood and also he felt it would be more permanent He proposed that the stucco be on the outside and that a standard 6 inch reinforced block wall be on the inside Commissioner Cardoza stated that originally when the Planning Commission approved the carport plans they were interested in having the project show some warmth and relief and they felt by having the wood shingles that this was achieved He further stated that he felt the developer would be deviat- ing too much from the original plan if block walls were installed at this time Chairman Evans stated that she also felt the wood shingled walls were needed throughout the project because they added to the architectural treatment There was further discussion by the Commission regarding the walls and whether or not they should be concrete or wood shingled The Chairman stated that Mr Nickle was requesting that the Commission change one of the original conditions to allow him to build a concrete block wall the same height with the stucco facing on the interior and exterior Commissioner Ricker stated that he would be opposed to stuccoing the carport walls He further stated that he felt the wood shingles would be an asset to the project It was moved by Commissioner Sonju and seconded by Commissioner Ricker to deny the request to deviate at all from any of the approved carport plans The motion was carried with the following roll call vote. TO WIT• ALL AYES The Chairman then stated that they would consider the request for issuance of certificates of occupancy for buildings 1, 3, 5, and 7 on Mr Nickle's apartment complex on or before April 1 1972 There was brief discussion regarding the buildings and the carports It was moved by Commissioner Warren and seconded by Commissioner Cardoza to approve the request for certificates of occupancy subject to the following revision: 1 Approval was granted to issue a certificate of occupancy on buildings 1, 3, 5, and 7 if in fact a bond is posted or a cash deposit made to meet all conditions of Condi- tional Use Permit No C-259 The amount shall be deter- mined by the city staff. The motion was carried with the following roll call vote TO WIT• ALL AYES Architectural Review -- Pioneer Take Out. The Chairman announced that there would be a hearing on the architectural review of Pioneer Take Out Mr White presented a report to the Commission for its consideration Mr White stated that they had received elevations from Pioneer Take Out and the staff recommended that the Planning Commission approve these elevations with a condition that would read as follows. -3- Planning Commission Minutes March 16, 1972 1 Landscape plans be prepared by a registered landscape architect and submitted to the Planning Commission for approval before the certi- ficate of occupancy is granted Mr Roger Schwimmer representing Pioneer Take Out Corp 1310 Echo Park Avenue, Los Angeles, addressed the Commission and stated that he would be willing to go along with any type of reasonable landscaping that the Commissioner recommends There was brief discussion regarding the landscape plans It was the consensus of the Commission that since the exterior was being altered and the size of the building was being increased this would warrant a major revision and there- fore new landscape plans would be needed There was discussion regarding the landscaping and whether or not the applicant would obtain the services of a registered landscape architect It was the consensus of the Commission that the applicant should do so. Commissioner Cardoza suggested that some type of landscaping could be planted on the south side of the building by the delivery door There was discussion on where the landscaping would be located on the project There was discussion by the Commission on the following items metal shakes and their color, the signs on the project, the conditions were discussed and also the planters Being no further discussion, it was moved by Commissioner Cardoza and seconded by Commissioner Warren to approve the elevations subject to the following re- visions. Architectural treatment of the elevations shall be in substantial conformance with Exhibit B on file in the Planning Department 2 Landscape pians shall be prepared by a registered landscape architect and submitted to the staff for approval before a certificate of occupancy is issued The plans shall include the area as per Exhibit A on file with the Planning Department and shall include an irrigation plan 3 The north and east elevations shall be modified to include a 1 foot raised brick planter 4 The north, east, and south elevations shall be modified to include a minimum of a 1 ft 6 inch brick wall The motion was carried with the following roll call vote. TO WIT. ALL AYES It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to continue items D R -E Zone -- Recommendation and E Consideration of County Zone Change ZC 72-6 to the evening session after the public hearings RECESS: The Chairman declared a recess at 5 50 p m until 7 30 p m CALL TO ORDER: The Chairman called the meeting to order at 7.37 p m with the following Commissioners present: -4- Planning Commission Minutes March 16, 1972 PRESENT. Commissioners Ricker, Sonju, Warren, Evans, Cardoza ABSENT None Also present were City Manager Darrell Essex Assistant City Attorney, John Murphy Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Rlaph White. ORAL COMMUNICATIONS There were no oral communications at this time PROCEDURES TO BE FOLLOWED BY THE PLANNING COMMISSION: The Chairman requested that everyone receiving a copy of the Planning Commission agenda read the cover letter that explained the procedures that the Planning Commission would follow during their meetings PUBLIC HEARINGS CONTINUATION OF PUBLIC HEARING RE. MODIFICATION NO 2 OF CONDITIONAL USE PERMIT NO C-206 -- HENRY VERHOEVEN: The Chairman announced that this was the time and place to consider an application for conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo streets, requested by Henry Verhoeven The Chairman declared the public hearing open and requested the staff to present its report Mr White read a letter into the record dated March 15, 1972, from J Kimball Walker, Attorney at Law for Mr. Henry Verhoeven The letter requested an extension on Conditional Use Permit No C-206 in order to obtain further materials for the Commission's consideration Mr White recommended that the request be granted and that the public hearing be continued to the April 20, 1972, meeting It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unani- mously carried to continue Modification No 2 of Conditional Use Permit No C-206 to the April 20, 1972, meeting CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO C-274 -- HERMAN LEHNER. The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of an open-air trailer and boat sales and tool rental on property generally located at 5061, 5071, and 5081 Lincoln Avenue, Cypress, requested by Herman Lehner The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-20 for the Commission's considera- tion Mr White also stated that there had been no written communications received either in favor or against the request The Chairman asked if there was anyone wishing to speak in favor of the applica- tion Mr Herman Lehner, the applicant, 6129 E Michelson Street Lakewood addressed the Commission and asked for a clarification on proposed condition #f2 There was a lengthy discussion regarding drainage fees and division of land He also asked about condition #13 There was a brief discussion regard- ing what the Commission expected to see on Lincoln Avenue based on what was required by the Townscape Element The Chairman asked if there was anyone else wishing to speak in favor of the application Daryl Ellwart Cypress Chamber of Commerce, Cypress, addressed the Commission and spoke in favor of the application She stated that at their -5- Planning Commission Minutes March 16, 1972 recent Business Development Meeting it was computed that Mr Lehner's business would produce a possible sales tax revenue of $30,000 dollars a year The Chairman asked if there was anyone wishing to speak against the application There was no one It was suggested by Mr Essex that the Commission request a landscape plan to be presented to them at the time when they usually review landscape plans and by so doing they would eliminate unnecessary testimony at this time Commissioner Sonju stated that she could never go along with a 2 ft buffer strip Commissioner Cardoza stated that this project needed to be given some total design consideration He suggested other successful projects in other cities that the applicant might look to for ideas Commissioner Evans stated that she felt a revised plot plan was needed in order for the Commission to fully review this project She also stated that precise plans had to be submitted so the Commission could see exactly what the applicant had planned for the property She further stated that she would go along with some encroachment of the 25 foot setback but she would not go along with eliminating the 25 foot setback entirely Commissioner Ricker concurred with Chairman Evans and he too felt that this matter should be continued in order to have the applicant prepare revised plot plans Commissioner Warren stated that he felt the applicant should show a display of his merchandise right on the plans in order to give the Commission a clearer picture of how the property would be utilized Being no further discussion, it was moved by Commissioner Sonju and seconded by Commissioner Cardoza to continue Conditional Use Permit No C-274 to the April 6, 1972, meeting and also to request a set of revised plot plans to be in accordance with all of the suggestions by the Commission The motion was carried with the following roll call vote. TO WIT• ALL AYES PUBLIC HEARING RE VARIANCE NO V-307 -- STATE-WIDE DEVELOPERS, INC The Chairman announced that this was the time and place to consider an applica- tion for variance to allow an offsite sign (Section 23-4) on property generally located at 5242 Lincoln Avenue, in the City of Cypress, California, requested by State -Wide Developers, Inc The Chairman declared the public hearing open and requested the staff to present its report. Mr White presented Planning Staff Report PC#72-19 for the Commission's considera- tion Mr White also stated that there had been no written communications received either in favor or against the application The Chairman asked if there was anyone wishing to speak in favor of the applica- tion Mr Alex Bell, 9461 Grindlay Street, Cypress, addressed the Commission and stated that they had previously had a small sign on Lincoln Avenue and now they were attempting to obtain an 80 square foot maximum size sign He further stated that they did have a written agreement from the owner of the property and also there was a tenant on the property at this time. He stated that this was the same tenant that was living on the property when the other sign was up There was brief discussion on the types of advertising that the applicant was trying and also there was discussion on the type of sign and what was written -6- Planning Commission Minutes March 16, 1972 on the sign There was also discussion on the fact that the sign double-faced Being no further testimony the Chairman declared the public hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Warren to adopt a resolution approving Variance No V-307 subject to the following conditions 1 That the design of the sign be approved by the Building Super- intendent 2 That this variance is granted for a period of one year 3 That the location of the sign be in substantial conformance with the approved plot plan 4 A cash bond in the amount of $150 shall be posted with the Building Department to guarantee the removal of subject sign Prior to the vote, it was moved by Commissioner Cardoza and seconded by Com- missioner Warren to amend the motion by changing condition ##1 to read as follows. 1 That the design of the sign be approved by the Building Super- intendent and Secretary of the Planning Commission The amendment was then voted on The motion was carried with the following roll z.all vote. TO WIT• ALL AYES The original motion was then voted on The motion was carried with the following roll call vote. TO WIT ALL AYES PUBLIC HEARING RE. AN AMENDMENT TO THE ZONING ORDINANCE NO 90, PROVIDING FOR THE PRESERVATION OF CERTAIN TREES: The Chairman announced that this was the time and place to consider an amendment to the Zoning Ordinance No 90 the Zoning Ordinance of the City of Cypress, providing for the preservation of certain trees The Chairman declared the public hearing open and requested the staff to present its report Mr White requested that this matter be continued until the April 6 1972 meeting in order to allow further investigation into the matter by the appointed committee It was moved by Commissioner Sonju seconded by Commissioner Cardoza and unanimously carried to continue this matter to the April 6, 1972, meeting PUBLIC HEARING RE: AN AMENDMENT TO THE ZONING ORDINANCE NO 90, BY ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND REC- REATIONAL LAND: The Chairman announced that this was the time and place to consider and amend- ment to the Zoning Ordinance No 90, the Zoning Ordinance of the City of Cypress, by establishing regulations for dedication of land, payment of fees, or both for park and recreational land The Chairman declared the public hearing open and requested the staff to present its report Mr White recommended that this item be continued due to the fact that the staff would like more time to review this matter -7- Planning Commission Minutes March 16 1972 It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to continue this matter until the April 6, 1972, meeting Commissioner Ricker stated that he felt this was a very important issue and should be handled as quickly as possible RECESS: The Chairman declared a recess at 8.54 p m The meeting was called back to order at 9.00 p m with the following Commissioners present. PRESENT- Commissioners Ricker, Sonju Warren Evans Cardoza ABSENT None STAFF REPORTS AND DISCUSSION CONTINUED: D R -E Zone -- Recommendation The Chairman announced that there would be a discussion regarding the R -E Zone and also recommending areas in which this zone would apply There was brief discussion on what areas in the city could be considered under this zone It was decided by the Commission to recommend Gay Street and Acacia Drive as possible areas for this zone E. Consideration of County Zone Change ZC 72-6 The Chairman announced that there would be a discussion regarding the county zone change ZC 72-6 There was brief discussion regarding the proposed zone change and whether or not it would be acceptable to the Planning Commission Commissioner Ricker stated that he would be opposed to this particular zone change because of the surrounding areas Commissioner Evans stated that she too would be opposed to this zone change due to the fact that she felt R-1 would be a better use for the land It was moved by Commissioner Ricker and seconded by Commissioner Sonju to recommend to the County Planning Commission that the Cypress Planning Commission would be opposed to the proposed zone change based upon the fact that they feel it is not compatible with the surrounding uses It was moved by Commissioner Evans and seconded by Commissioner Cardoza to amend the motion to include the following. If it is approved, consideration should be given to provide adequate buffers to protect adjoining single family residences The motion to amend was then voted on The motion was carried with the following roll call vote: TO WIT• ALL AYES The original motion was then voted on The motion was carried with the following roll call vote. TO WIT: ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS. Pizza Hut -8- Planning Commission Minutes March 16, 1972 Commissioner Cardoza stated that he had driven by the Pizza Hut located on the corner of Ball and Holder and he had noticed that the ground covering was rock and it was his impression that the ground covering would be some type of grow- ing material It was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried to have the staff review the previously approved use permit to see if they were in compliance with the approved landscape plans He stated that he wished to have the staff present the Commission with a report on this matter ADJOURNMENT Being no further business at this time, the Chairman declared the meeting adjourned at 9 20 p m until the joint meeting with the City Council on March 27 1972 at 4:00 p m in the City Council Chambers ATTEST SECRETARY OF THE PLANNING COMMISSION 1 ,/°Y,"')y ) ((? "IEI?j CHAIRMAN OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD April 6, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 01 p m , on Thursday, April 6, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding:, PRESENT Commissioners Cardoza, Warren and Evans ABSENT. Commissioners Ricker and Sonju The adjourned regular meeting of the Cypress City Council was called to order at 4.01 p m , on Thursday, April 6, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT Councilmen Kanel, Roberts and Harvey ABSENT: Councilmen Kanode and Lacayo Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney John Murphy and the following members of the City Staff: White and Coakley ADJOURNMENT It was moved by Councilman Roberts, seconded by Councilman Kanel and unanimously carried tc adjourn at 4:02 p m , to the Employee's Lounge it was moved by Commissioner Warren, seconded by Commissioner Cardoza and unanimously carried to adjourn at 4.02 p m , to the Employee's Lounge. CALL TO ORDER. Mayor Har-.ey called the meeting of the City Council to order at 4.06 p.m , in the Employees Lounge, 5275 Orange Avenue, Cypress, California, with the following Councilmen present: PRESENT Councilmen Kanel, Kanode, Roberts and Harvey ABSENT. Councilman Lacayo Chairman Evans called the meeting of the Planning Commission to order at 4:06 p m , in the Employee's Lounge, 5275 Orange Avenue, Cypress, California, with the following Commissioners present: PRESENT. Commissioners Cardoza, Ricker, Warren and Evans ABSENT: Commissioner Sonju Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney Jchn Murphy, and the following members of the City Staff. White, Schatzeder and Coakley At the request of Mayor Harvey, Councilman Kanel reviewed the discussion which was held by the City Council at its meeting of March 27, 1972, regarding the 25' setback requirement for the Highway Commercial zone Following Councilman Kanel's review of what had transpired, considerable discussion was held relative to the interpretation of the 25' setback requirement, and whether it was meant to apply to the landscape setback or the building setback Various means of encroaching into the 25' landscape setback were discussed, and it was suggested by the City Manager that perhaps the City Council and Planning Commission might wish to review the plans submitted by Mr Herman Lehner, which. Or Pianning Commission Minutes April 6, 1972 axe scheduled to be presented to the Planning Commission at its evening session, in order to have a clearer understanding as to what an encroachment into the setback might be In response to an inquiry from Councilman Roberts, the Deputy City Attorney advised that it would be improper to discuss the specifics or the plan at this time; however, the encroachment, in general, could be discussed COMMISSIONER SONJU ARRIVED AT 4.55 P.M. At this time, a slide presentation was given which depicted various encroachments into the landscaping setback by businesses located in other cities in Orange County. Foi...cwing the presentation and a discussion period, it was the general consensus of the City Council and the Planning Commission that some encroachment into the 25° setback requirement, in order to allow for more flexibility in design, would be permitted ADJOURNMENT: it was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously oarried to adjourn the meeting of the City Council at 5.51 p m RECESS: Chairman E:ans declared a recess of the Planning Commission at 5.51 p.m., to 7:30pa; CALL TO ORDER The meeting of .:he Cypress Planning Commission was called back to order at 1.35 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Cardoza, Ricker, Sonju, Warren and Evans ABSENT None Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney John Murphy, and the following members of the City Staff. White and Coakley MINUTES: it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried co approve the Minutes of March 16, 1972, as presented ORAL COMMUNICATIONS: There were no o -:al communications presented at this time CONIINUATION OF PUBLIC HEARING --CONDITIONAL USE PERMIT NO C-274. The Chairman announced this was the time and place for the continuation of the Public Hearing to consider an application for a Conditional Use Permit to allow the construction c1 an open-air trailer and boat sales and tool rental, on property generally located at 5061, 5071, and 5081 Lincoln Avenue, Cypress, requested by Mr Herman Lehnex pi The Chairman announced the Public Hearing was open, and requested the Staff to present its report - 2 - Planning Commission Minutes April 6, 1972 The Secretary of the Planning Commission read into the record, Planning Staff Report #PC;2-24, which described the existing zoning and land use of the property in question and the surrounding properties. The Secretary indicated that no communications have been received in reference to this matter Discussion was held relative to the type of tree to be planted on Lincoln Avenue, and in response to an inquiry from Chairman Evans, the Assistant City Engineer indicated that at the present time, the State Division of Highways will not accept the Sycamore tree, which was recommended in the Townscape Element of the General Plan He further indicated that this matter is currently under study by the City Staff The applicant, Mr Herman Lehner, addressed the Commission, answering various questions regarding his proposed development Areas of discussion included the parking areas, the chain link fence, servicing of the vehicles which are sold, and landscaping There being no one tc speak in opposition to the request, it was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried to close the Public Hearing at this time It was moved by Commissioner Warren and seconded by Commissioner Cardoza, for the purpose of discussion, to adopt a Resolution approving Conditional Use Permit No C-274, ,subject tc the conditions contained in Planning Staff Report #PC72-24, with the following added conditions: 12 A drieway shall be kept clear to the rear of the subject property for public parking purposes 13 Landscaped screening shall be added on to the northern property line to protect the adjacent R-1 development 14. Lighting shall be screened and directed away from the adjoining R-1 homes. 15 Certificate of occupancy shall not be granted until all conditions nave been approved or guaranteed It was moved by Commissioner Cardoza and seconded by Commissioner Sonju to amend the motion to add the following conditions 16 Portions of the interior will also be landscaped to include plantings around the building The extent will be determined at the time of review of the landscape plans by the Planning Commission 17. A permanent irrigation system will be installed for all landscaped areas, 18 Wood slatting, or a similar material, will be used at the new section of chain link fence to screen off the storage area The amendment co the motion carried by the following roll call vote: AYES. 4 COMMISSIONERS: Cardoza, Ricker, Sonju and Evans NOES: 1 COMMISSIONERS: Warren ABSENT: 0 COMMISSIONERS: None It was moved by Chairman Evans to modify Condition No. 10 in Planning Staff Report #PC72-24 to read as follows: - 3 - Planning Commission Minutes April 6, 1972 10 A six feet masonary block wall shall be provided along the north property line and also to within 50' of the front property line on the east and west property lines; and that a 3' high masonary block wall shall be provided between 50 feet and the 25' front setback on the east and west property lines, design and type to be approved by the Planning Department The motion to modify Condition No 10 died for a lack of a second The main motion to approve Conditional Use Permit No C-274 was unanimously carried by the following roll call vote. TO WIT ALL AYES At this time, it was moved by Commissioner Warren and seconded by Commissioner Cardoza to pla::e the consideration of Items No 2 and 3 on the agenda at the end of the agenda, in order that the other items might be considered earlier for the benefit of interested persons in the audience The motion carried by the following roll :all vote: AYES. 4 COMMISSIONERS: Cardoza, Ricker, Warren and Evans NOES: 1 COMMISSIONERS. Sonju ABSENT: 0 COMMISSIONERS None Commissioner Sonju indicated that she was opposed to the motion as the recommendation from the Staff was to continue the items, which would not be time consuming PUBLIC HEARING RE: CONSIDERATION OF CONDITIONAL USE PERMIT NO, C-275: The Chairman anncunoed this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit to allow the construction of a muffler shop in a C -C overlay Zone, on property located at 6142 Lincoln Avenue, in the City of Cypress, California, requested by Robert L Teaford, and known as Conditional Use Permit No C-275 The Chairman declared the Public Hearing open, and requested the Staff to present iCs report The Secretary of the Planning Commission then presented Planning Staff Report PC#72-26, which described the property in question and surrounding area He advised that no written communications have been received either in favor of or in opposition to the application M: John Youndin, Coldwell Banker & Company, 2333 N Broadway, Santa Ana, California, addressed the Planning Commission speaking on behalf of the applicant Discussion was held with regard to the screening of the roof apparatus, the need for the development to appear to be a part of the total development, and the height of the pole sign There being no one to speak in opposition to the request, it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to dose the Public Hearing T� was moved by Commissioner Warren and seconded by Commissioner Sonju to adept a Resolution approving Conditional Use Permit No C-275 subject to the conditions listed in Planning Staff Report PC#72-26, with the following added conditions: 7 Roof apparatus shall be architecturally screened 8 The trash area enclosure shall be of block wall, or material and color of the building 9 Landscaping shall be maintained - 4 - Planning Commission Minutes April 6, 1972 10 A certificate of occupancy shall not be granted until all conditions have been met It was moved by Commissioner Cardoza and seconded by Commissioner Sonju to amend the motion to include the following conditions. 11. A permanent automatic sprinkler system shall be installed to irrigate all landscaped areas 12 The front pole sign shall not exceed a height of 20' 13 Low walls shall be installed, identical to the walls adjacent to this project within the frontsetback area Final location will be determined and approved by the Secretary of the Planning Commission 14 A six (b) inch raised concrete curb shall be installed at all planter areas 15 An additional planter area to include the type of trees or similar trees that have been planted in the adjacent parking lot shall be installed (Exhibit "A") Following a discussion concerning the amendment to the motion, it was the general consensus of the Commission that Condition No. 12, relating to the pole sign, would be deleted The amendment the motion was unanimously carried by the following roll call vote TO WIT. ALL AYES The main motion t: approve Conditional Use Permit No C-275 was unanimously carried by the following roll call vote. TO WIT. ALL AYES RECESS: Chairman Evans declared a recess at 9.10 p m The meeting was called back to order at 9:15 p m , with the following Commissioners present. PRESENT Commissioners Cardoza Ricker, Warren and Evans ABSENT. Commissioner Scnju PUBLIC HEARING RE: CONSIDERATION OF CONDITIONAL USE PERMIT N0. C-276• The Chairman announced this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit to allow the sale of beer and wine for consumption on the premises of the American Family Steak House, 5591 Lincoln Aenue, Cypress California, requested by Tom Will, and known as Conditional Use Permit No C-276 The Chairman declared the Public Hearing open, and requested the Staff to present its report. The Secretary read into the record, Planning Staff Report PC#72-21, which indicated the application was submitted in compliance with Section 114 2 of Part 14, Highway Commercial Zone (H -C) of Ordinance No 90, the Zoning Ordinance He advised that no written communications either in favor of or in opposition to the request have been received Speaking in favor of the application was the applicant, Mr Tom Will, 10011 Alice Circle, Cypress, who submitted into evidence, a letter dated April 4, 1972 from Mr, Lesley B Will, President, American Family Steakhouse, Inc , which indicated - 5 - t.:.anning Commission Minutes April 6, 1972 that they were aware than the beer and wine sales would be kept separate from the food sales and would not be reported or included in gross sales, in respect to franchise fees There being no one to speak in opposition to the request, it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to close the Public Hearing It was moved by Commissioner Cardoza and seconded by Commissioner Warren to adopt a Resolution recommending approval of Conditional Use Permit No C-276, subject to the following condition. 1 That a license for the sale of on -premises consumption of beer and wine be obtained from the Alcoholic Beverage Control Board The motion was unanimously carried by the following roll call vote: AYES 4 COMMISSIONERS. Cardoza, Ricker, Warren and Evans NOES. 0 COMMISSIONERS. None ABSENT: 1 COMMISSIONERS: Sonju PUBLIC HEARING RE. CONSIDERATION OF CONDITIONAL USE PERMIT NO. C-277• The Chairman announced this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit to allow the use of an existing dwelling as a church building for meetings and Bible classes, on property located ac 9771 Walker Street, in the City of Cypress, requested by the Church of Christ, and known as Conditional Use Permit No C-277. The Chairman de:fared the Public Hearing open, and requested the Staff to present its report COMMISSIONER SONJU ARRIVED AT 9.25 P M , AND TOOK HER PLACE ON THE PODIUM The Secre•::ary presented Planning Staff Report PC#72-27, which described the subject and surrounding properties Addressing the Commission in favor of the application was the applicant, Mr Lyman Webb, Minister, Church of Christ, who indicated that his congregation :.s currently attending church services at the Juliet Morris Elementary School The architect for the p-'opcsed church, Mr Bill McCulloch, 3535 Farquhar Street, Los Alamitos, submitted photographs of the proposed church, and discussed several of the proposed conditions. Also speaking in favor of the application were the following. Mr Darrell Clement, 5231 Canterbury Drive, Cypress Mr J L O'Brien, 5221 New York Avenue Mr Randy McCracken, 1597 W Ball Road In response to an inquiry from Mr Carl Trautman, 9761 S Walker Street, Cypress, Chairman Evans indicated that when phase 3 of the development comes before the Planning Commission, consideration will be given to a fence which would screen the parking lot from the adjacent R-1 homes There being no one to speak in opposition to the application, Chairman Evans declared the Public Hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Warren to adopt a Resolution approving Conditional Use Permit No C-277, subject to the following conditions as outlined in Planning Staff Report PC#72-27, with the following modifications: - 6 - Fanning Commission Minutes April 6, 1972 3 Construction of phase two shall commence within one year from the date of the final approval of this permit Revised plans for phase three which included the construction of a 300 seat sanctuary and parking, shall be submitted for review and approval by the Planning Commission within two years of said dates Construction of phase three shall be completed within three years from said date 7 Rome Avenue shall be improved in substantial accordance with the plan attached hereto as Exhibit "A" or in such other manner, approved by the City Engineer and Secretary of the Planning Commission, which will preserve the London Plane tree referred to in the Staff Report Bonds in a form satisfactory to the City, guaranteeing completion of the public improvements required pursuant to conditions 7 through 18 hereof within two years shall be submitted prier to the issuance of a certificate of occupancy for the phase one use The motion was unanimously carried by the following roll call vote' TO WIT. ALL AYES PUBLIC HEARING RE; CONSIDERATION OF A REQUEST FOR ALTERATION OF THE DUTCH PRIDE DAIRY TO ALLOW SALE OF BEER AND WINE: The Chairman announced this was the time and place for the Public Hearing to consider a request for alteration of the Dutch Pride Dairy Products Store, existing under a Conditional Use Permit, to allow the sale of beer and wine for off -premises consumption, and to allow the construction of a fresh farm produce stand on property located at 11741 Valley View Street, Cypress, requested by Mr Thomas Van Ruiten The Chairman declared the Public Hearing open, and requested the Staff to present its report The Secretary presented Planning Staff Report PC#72-23, which advised that the applicant is requesting alteration of Conditional Use Permit No. C-120, which was granted on June 15, 1960, to permit the sale of beer and wine and the construction of a road side fruit stand for the sale of fruit. The Secretary then read into the record, a communication dated April 5, 1972, from Mrs Milho, Jr , 5941 Santa Catalina Ave., Garden Grove; a letter dated April 3, 1972, from Mrs Renner, 5961 Santa Catalina Ave , Garden Grove; and a communica- tion from Mr and Mrs. Jim Stone, 5931 Santa Catalina Ave , Garden Grove' the three of which were in opposition to the request Speaking in favor of the request, was the applicant, Mr Van Ruiten. Discussion was held relative to the proposed fruit stand, whereas, it was the general consensus of the Planning Commission that because more information was needed, this item should be considered separately from the request for the extensisn of use to allow for the off -sale of beer and wine It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to continue the consideration of the request for an extension of use to allow a fruit stand to the next regular meeting of the Planning Commission scheduled to be held cn April 20, 1972 Also speaking in favor of the request that the off -sale of beer and wine be a permitted use, were the following persons: Mr. George Robinson, 11690 Guam Circle, Cypress Mr Lee Baker, 11688 Guam Circle, Cypress Mr Ed Stubby, 11698 Guam Circle, Cypress - 7 - Planning Commission Minutes April 6, 1972 Speaking in :apposition to the request were the following persons: Mrs. Nan:.y Buehler, 5921 Santa Catalina Ave , Garden Grove Mrs Ann Stone, 5931 Santa Catalina Ave , Garden Grove Mrs Mihlo, 5941 Santa Catalina Ave , Garden Grove Discussion was held regarding a beverage control law, which requires an individual to walk from his car in order to purchase beer or wine Mr Van Ruiten indicated chat to comply with the State law, one would not have to park his car elsewhere and walk to the store, that he would, however, be required to step out of his car and then purchase the beer and wine along with the other products Also discussed, was the condition of an existing block wall fence on the southerly portion of Mr Van Ruiten`s property, adjacent to an R-1 development, Following discussion, Chairman Evans declared the Public Hearing closed Commissioner Sonju stated that she had entered this Public Hearing with an open mind; however, she felt that the alcoholic beverage control law requiring an individual to walk from his car in order to purchase beer and wine, changed the complexion of the matter She indicated that to merely get in and out of a car, in her opinion is trying to get around the law She stated that she further concurred with the residents who felt that this expansion of the use would lead to other expansions It was moved by Commissioner Ricker and seconded by Chairman Evans to adopt a Resolution finding that the sale of beer and wine is a proper and permitted alteration of Conditional Use Permit No 120, subject to the following conditions: 1 That a license is obtained from the Alcoholic Beverage Control for the ,cif -sale of beer and wine 2 No parking shall be allowed along the southerly property line adjacent to the R-1 voperty. 3 Fence along the southern boundary shall be increased to a height of six feet The motion cirried by the following roil call vote: AYES. 3 COMMISSIONERS: Cardoza, Ricker and Evans NOES 2 COMMISSIONERS: Sonju and Warren ABSENT: 0 COMMISSIONERS. None At this time, It was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried to continue the consideration of Item No 2 on the agenda, the continuation cf the Public Hearing to consider an amendment to the Zoning Ordinance No 90; providing for the preservation of certain trees, to the Planning Commission meeting scheduled to be held on June 1, 1972; and Item No 3, the continuation of the Public Hearing to consider an amendment to the Zoning Ordinance No 90, by establishing regulations for dedication of land, payment of tees, or: both for park and recreational land, to the meeting of the Planning Commission s:heduled to be held on May 4, 1972. STAFF REPORTS AND DISCUSSIONS. Consideration of Tentative Tract #7793: The Secretary of the Planning Commission read into the record a communication from Mr Bernard McCune, S & S Construction Company, 8383 Wilshire Blvd , Beverly Hills California, requesting that this matter be continued to the Planning Commission meeting of April 20, 1972. 8 Planning Commission Minutes April 6, 1972 It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to continue the consideration of Tentative Tract #7793 to the Planning Commission meeting scheduled to be held on April 20, 19720 The City Manager indicated that he had received a request from an association wishing to conduct a motorcycle race on the Los Alamitos Race Track facility He stated that it appears that the current Ordinance does not clearly allow a motorcycle race, per se, in the R -C Zone. The Planning Commission was requested to make a policy determination It was moved by Commissioner Ricker and seconded by Commissioner Cardoza that the Planning Commission find that motorcycle racing is not a permitted use in the R -C Zone The motion was unanimously carried by the following roll call vote TO WIT° ALL AYES It was the general consensus of the Planning Commission that a written policy statement be directed to the City9s Administrative Coordinating Team, upholding the recommendation contained in the Townscape Element of the General Plan, that the type of tree to be planted on Lincoln Avenue will be the European Sycamore (Platanus acerifolia) ADJOURNMENT. Chairman Evans adjourned the meeting of the Planning Commission at 11:25 p mo ATTEST. SECRETARY THE PLANNING COMMISSION 9 CHAIRMAN OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD April 20, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:05 p m , on Thursday, April 20, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT. Commissioners Cardoza, Sonju, Warren and Evans ABSENT: Commissioner Ricker Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney John Murphy and the following members of the City Staff: White and Coakley COMMISSIONER RICKER ARRIVED AT 4:06 P M STAFF REPORTS AND DISCUSSIONS• Tentative Tract No. 7793 The Secretary of the Planning Commission read into the record, a communication dated April 19, 1972 from Mr, George Putnam, Assistant Secretary, S & S Construction Company, requesting a continuance of this item It was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried to continue the consideration of this item to the meeting of the Planning Commission scheduled to be held on May 18, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to consider Item No 3, under Staff Reports and Discussions on the agenda, at this time Landscape Review, Casa Grande III At this time, the Commission reviewed in detail, the landscape plans for the Casa Grande III project, which were submitted by Mr Gary Begin, representing the landscape architect Discussed were the areas set aside for play areas, the type of grass, trees and shrubbery which are planned for the development Commissioner Cardoza indicated that there was a need for additional foundation type of plantings, and suggested the use of vinery and shrubbery Mr Begin stated that by placing additional shrubbery and vinery in the project it would be impossible to submit the same tree plan; to which Commissioner Cardoza replied that in several instances, the size of the trees could be reduced Following discussion, it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried that the Staff would review the revised landscape plans, and that if there were any questions concerning the matter, the Staff would contact Commissioner Cardoza Review R -E (Residential Estate) Zone Ordinance Changes The Secretary of the Planning Commission reviewed Planning Staff Report #PC72-29, dated April 14, 1972, which outlined several changes to the proposed R -E Ordinance which were forwarded to the Planning Commission for consideration by the City Council at its meeting of April 10, 1972 Planning Commission Minutes April 20, 1972 Addressing the Commission stating that she would be opposed to the requirement of a Conditional Use Permit as the purpose of the R -E zone was to allow horses and various animals, was Mrs Mary Van den Raadt, 8644 Acacia Drive, Cypress. Because it was felt that the proposed Ordinance is sufficient in restrictions relative to the animals which would be permitted, it was moved by Commissioner Sonju and seconded by Commissioner Ricker that the clause subject to a Conditional Use Permit' not be added to Section 106.A 2 E of the proposed Ordinance The motion was unanimously carried by the following roll call vote: TO WIT ALL AYES It was moved by Commissioner Sonju and seconded by Commissioner Ricker to not add the clause "or located a minimum of 5 feet from the side or rear property line and 30 feet from the front property line, subject to a Conditional Use Permit" to Section 106 A 6 of the proposed Ordinance as a Variance can be applied for if the situation would warrant it The motion was unanimously carried by the following roll call vote: TO WIT. ALL AYES It was the general consensus of the Planning Commission that they would take under study, Section 125 21 of the Ordinance, relating to "Animals " A brief discussion was held concerning the "Open Space" Element to the General Plan, whereas, the Deputy City Attorney indicated that he felt that the Townscape Element would qualify as an Open Space Element The City Manager stated that Public Hearings would probably be necessary in order to declare the Townscape Element the Open Space Element of the City's General Plano At this time, Commissioner Sonju announced that it was with deep regret that she would be resigning from the Fly Abatement Board. It was then moved by Commissioner Sonju, seconded by Commissioner Cardoza and unanimously carried to nominate Commissioner Warren as the representative from the Planning Commission to the Fly Abatement Board Commissioner Warren indicated that he would accept the nomination, following which, it was moved by Commissioner Cardoza, seconded by Commissioner Sonju and unanimously carried that a unanimous ballot be cast in support of Commissioner Warren to serve on this Board RECESS: Chairman Evans declared a recess at 5.15 p m , to 7 30 p m CALL TO ORDER: The meeting of the Planning Commission was called back to order at 7.34 p m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding. PRESENT: Commissioners Cardoza, Ricker, Sonju, Warren and Evans ABSENT: None Also present was the Secretary of the Planning Commission, Mr. Ralph White and the Deputy City Attorney, Mr. John Murphy - 2 - Planning Commission Minutes April 20, 1972 MINUTES. It was moved by Commissioner Cardoza and seconded by Commissioner Warren to approve the Minutes of April 6, 1972, as presented The motion carried by the following roll call vote: AYES. 4 COMMISSIONERS. Cardoza, Ricker, Sonju and Warren NOES• 1 COMMISSIONER: Evans ABSENT: 0 COMMISSIONERS• None Following a brief discussion concerning an addition to the Minutes, it was moved by Chairman Evans and seconded by Commissioner Sonju to reconsider the previous motion of the Planning Commission. The motion carried by the following roll call vote: AYES. 3 COMMISSIONERS: Sonju, Warren and Evans NOES: 2 COMMISSIONERS• Cardoza and Ricker ABSENT. 0 COMMISSIONERS. None Commissioner Cardoza indicated that he felt that the motion on page 9 of the Minutes, pertaining to motorcycle racing in an R -C zone, was clearly stated, and that to add a statement to the effect that the Commission was requested to make a zoning determination would be incorrect Commissioner Ricker concurred with Commissioner Cardoza's statement It was then moved by Commissioner Warren and seconded by Commissioner Sonju tc include a statement in the second paragraph on page 9 which would indicate that the Planning Commission was asked to make a policy determination concerning this matter The motion was unanimously carried by the following roll call vote. TO WIT• ALL AYES It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to approve the Minutes of April 6, 1972, with the addition, as noted ORAL COMMUNICATIONS. There were nc oral communications presented at this time. CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO 2, CONDITIONAL USE PERMIT NO. C-206: The Chairman announced this was the time and place for the continuation of the Public Hearing to consider an application for a Conditional Use Permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets, in the City of Cypress, California, requested by Henry J Verhoeve, and known as Modification No 2 of Conditional Use Permit Nc C-206 The Chairman announced the Public Hearing was open, and requested the Staff to present its report The Secretary of the Planning Commission recommended that this matter be continued, as the revised plans which were received were inadequate. It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried to continue the consideration of this item to the meeting of the Planning Commission scheduled to be held on May 18, 1972 CONTINUATION OF PUBLIC HEARING RE: REQUEST FOR ALTERATION OF THE DUTCH PRIDE DAIRY STORE --VAN RUITEN The Chairman announced this was the time and place for the continuation of the Public Hearing to consider a request for alteration of the - 3 - Planning Commission Minutes April 20, 1972 Dutch Pride Dairy Store, existing under a Conditional Use Permit, to allow the construction of a fresh farm -produce stand on property located at 11741 Valley View Street, Cypress, California, requested by Mr Thomas Van Ruiten The Chairman announced the Public Hearing was open, and requested the Staff to present its report The Secretary of the Planning Commission indicated that there had been a request to continue this item It was moved by Commissioner Ricker seconded by Commissioner Cardoza and unanimously carried to continue the consideration of this matter to the meeting of the Planning Commission scheduled to be held on May 18, 1972, per the request of the applicant REPORTS OF OFFICERS AND COMMISSIONERS. At the request of Chairman Evans, the Secretary of the Planning Commission indicated that a report on the recommendations of the Lincoln Avenue Study Committee would be made available to the Commission. Discussion was held regarding a joint meeting with the Cypress Recreation and Park Commission for the purpose of discussing the Park Fee Ordinance, following which, it was moved by Commissioner Sonju and seconded by Commissioner Warren to schedule a jcint meeting at 8.30 p m , on May 4, 1972 The Secretary of the Commission indicated that he was expecting further input on this matter from the Director of the Recreation and Park District in the near future, therefore, Commissioners Sonju and Warren withdrew their motion Discussion was held relative to the proposed sign Ordinance, which is currently under study by the City Staff It was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to direct the Staff to submit the final draft of the proposed sign Ordinance to the Planning Commission upon its c;;mpletion ADJOURNMENT: Chairman Evans adjourned the meeting of the Planning Commission at 8 03 p m ATTEST. 4.4 SECRETARY 0 THE PLANNING COMMISSION 4 2-/(.6,,;._)1 -(/'. CHAIRMAN OF THE PLANNING COMMISSION i MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD May 4, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 25 p m on Thursday, May 4, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker Warren, Evans, Cardoza ABSENT: Commissioner Sonju Also present were Assistant City Engineer, Ray Coakley, and Secretary of the Plan- ning Commission, Ralph White ADJOURNMENT. It was moved by Commissioner Evans, seconded by Commissioner Warren and unan- imously carried to adjourn the meeting at 4:26 p.m. to the Employee's Lounge for the purpose of holding a joint meeting with the Business Development Committee CALL TO ORDER: A joint meeting of the Business Development Committee of the Chamber of Commerce and the Planning Commission of the City of Cypress was called to order by Chair- man Evans of the Planning Commission The following Commissioners were present PRESENT: Commissioners Ricker, Warren, Evans, Cardoza ABSENT: Commissioner Sonju The following members were present from the Business Development Committee. PRESENT: Mrs. Rhone, Mr Hanser Mr Hyatt Mr Johnson Mr. Fanaroff Mrs Ellwart ABSENT. Mr Scheidt Mrs Rhone, Chairman of the Business Development Committee, stated that the main purpose of the Business Development Committee of the Chamber of Commerce was to attract business into the City of Cypress General discussion was held relative to the following items' what the Business Development Committee should know in regards to the city in order that they could be of service to people who wished to build in the City of Cypress Other items discussed were in regards to the following. the 25 ft setback on Lincoln Avenue, the high rise developments and the two rows of trees on Lincoln Avenue and architectural review There was also a discussion on the fact that the Business Development Committee and the Planning Commission would work together in order to provide a better understanding for the various people that might come into the city for help RECESS. Chairman Evans declared a recess of the Planning Commission at 5.55 p m to 7:30 p m CALL TO ORDER. The meeting of the Cypress Planning Commission was called back to order at 7 30 p m and immediately adjourned until 7.40 p m due to lack of a quorum -1- Planning Commission Minutes May 4, 1972 CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7.40 p m , in the Cypress City Council Chambers, 5275 Orange Avenue Cypress California, Chairman Evans presiding PRESENT Commissioners Ricker, Warren, Evans, Cardoza ABSENT. Commissioner Sonju Also present were City Attorney, Jim Erickson, Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Ralph White. MINUTES: April 20, 1972 It was moved by Commissioner Ricker seconded by Commissioner Warren and unanimously carried to approve the minutes of April 20, 1972, as presented ORAL COMMUNICATIONS: There were no oral communications presented at this time Continuation of Item 411 It was the consensus of the Commission that item #1 on the agenda be continued until after item #3 was heard EXECUTIVE SESSION: It was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to adjourn the meeting at 7:44 p m to an executive session in order to discuss matters of personnel. CALL TO ORDER Chairman Evans called the meeting back to order at 7.47 p m and immediately turned the chair over to the Secretary of the Planning Commission, Ralph White ELECTION OF CHAIRMAN AND VICE CHAIRMAN: Mr White read from the City Code the section regarding the election of Chair- man and Vice Chairman of the Planning Commission It stated that the first meeting in May of each calendar year shall be the time to elect a new Chairman and Vice Chairman of the Planning Commission It was moved by Commissioner Warren and seconded by Commissioner Ricker for a unanimous ballot to elect Vickie Evans for a second term as Chairman of the Planning Commission The motion was carried with the following roll call vote: AYES: 4 COMMISSIONERS: Ricker Warren Evans Cardoza NOES: 0 COMMISSIONERS• None ABSENT 1 COMMISSIONER Sonju Chairman Evans then took over the meeting and expressed her gratitude for being elected to a second term as Chairman She then stated that nominations were open for Vice Chairman It was moved by Commissioner Ricker and seconded by Commissioner Cardoza to reelect by a unanimous ballot Hilliard Warren for the position of Vice Chair- man -2- Planning Commission Minutes The motion was carried with the following roll call vote. AYES' 4 COMMISSIONERS: Ricker, Warren, Evans, Cardoza NOES 0 COMMISSIONERS• None ABSENT. 1 COMMISSIONER: Sonju BIKE TRAILS COMMITTEE: May 4 1972 Mr White stated that the City Council, at its last meeting, adopted a rec- ommendation from the Park and Recreation Commission establishing a Bike Trail Committee made up of various individuals He stated that a representative from the Planning Commission was also needed It was moved by Commissioner Warren, seconded by Commissioner Cardoza and unanimously carried to appoint Commissioner Ricker as representative for the Planning Commission to the Bike Trail Committee It was moved by Commissioner Cardoza, seconded by Commissioner Ricker and unanimously carried to recommend to the City Council that the Secretary of the Planning Commission be appointed as a member of the Bike Trail Committee OPEN SPACE ELEMENT: There was a brief discussion regarding the Open Space Element Mr. White stated that there are a number of elements that are to be a part of the Open Space Element which is required to be adopted as a part of the General Plan by June 30, 1972 He further stated that a public hearing had been initiated for the May 18, 1972, meeting for the Commission's consideration of the Focus 2,000 which is the Park and Recreation District's recreation element He explained that they proposed that this be adopted as a part of the General Plan and they would be submitting this along with the Townscape Plan to the state for approval prior to June 30, 1972 He further stated that they did feel it should be made a part of the General Plan at this time and also part of the Open Space Element PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION• Chairman Evans gave a brief review of the procedure to be followed by the Planning Commission in conducting their meetings She reviewed briefly the cover letter on the agenda for the audience PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO C-278 -- CLAYTON-HYTER DEVELOPMENT COMPANY: The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of a thirty-five unit apartment development on property generally located 455' south of Orange Avenue on the east side of Walker Street, known as 9582 Walker Street The Chairman declared the public hearing open and requested the staff to present its report The Secretary of the Planning Commission presented Planning Staff Report PC#72-32 for the Commission's consideration He stated that there was one change in condition #15 It was to read as follows: 15 Open wall to alley south of project to allow circulating traffic with easements for ingress and egress from one development to other Also trim wall to 3' height 20' minimum each side of alley for sight distance Opening to be minimum of 26' Such openings shall be of such a type as to accommodate only emergency, fire, and police access etc and access for trash collection services as approved by the city staff - 3- Planning Commission Minutes May 4, 1972 Mr White stated that there had been no written communications received either in favor or against the application for conditional use permit The Chairman asked if there was anyone wishing to speak in favor of the applica- tion Mr William Reed, architect for the project, 160 Centennial Way, Tustin, addressed the Commission and stated that he had brought along drawings and a model of the project if the Commission was interested He further stressed that the value of this type of project with the open space was very important He stated that this was an adult apartment complex situated in a park -like setting He stated that he would be available for any questions that the Commission might have, The Chairman asked if there was anyone else wishing to speak in favor of the application There was no one The Chairman then asked if there was anyone wishing to speak against the application There was no one There was discussion regarding the following items' conditions 916 and ##17, the deletion of condition #15, the roof equipment, balconies, and parking lots. Mr Reed also displayed a model of the project for the Commission's consideration Being no further testimony the Chairman declared the public hearing closed It was moved by Commissioner Ricker and seconded by Commissioner Cardoza to adopt a resolution approving Conditional Use Permit No C-278 subject to the following conditions: 1 Development shall be constructed in substantial conformance to the approved plans 2 Landscape plans shall be prepared by a registered landscape architect and submitted to the Planning Commission for approval 3 All provisions of Section 125 26 and all other applicable provisions of the City Code shall be complied with. 4 Drainage fees shall be paid in accordance with Master Plan of Drainage 5 Drainage shall be solved to the satisfaction of the City Engineer 6 All secondary and primary utility services shall be underground 7 Street lights shall be installed per City Standards 8 Advance street light energy charges shall be paid 9 All streets shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways 10 Street structural section to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using an applicable T I 11 Street trees (15 gal.) 40' on center shall be installed along streets in conformance to the street tree policy of the Public Works Department The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan 12 Soil in planting areas, including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified -4- Planning Commission Minutes May 4, 1972 The test results shall include concentration of nitrogen, phos- phorus, potassium, pH, salinity, sodium status, and boron sat- uration extract Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date 13 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards 14 Plan checking and inspection fees amounting to 31% of the street improvements shall be paid 15 Open wall to alley south of project to allow circulating traffic with easements for ingress and egress from one development to other Also trim wall to 3' height 20' minimum each side of alley for sight distance Opening to be minimum of 26' Such openings shall be of such a type as to accommodate only emergency, fire, and police access etc and access for trash collection services as approved by the city staff 16 A certificate of occupancy shall not be granted until all conditions have been met or guaranteed to the satisfaction of the City Attorney. The motion was carried with the following roll call vote. AYES• 4 COMMISSIONERS• Ricker, Warren Evans Cardoza NOES. 0 COMMISSIONERS None ABSENT: 1 COMMISSIONER. Sonju PUBLIC HEARING RE: ZONE CHANGE NO. Z-213 -- SHAPELL INDUSTRIES: The Chairman announced that this was the time to consider an application for amendment to the Zoning Ordinance No 90, to change the zone of a certain par- cel of land from H -C (Highway Commercial) Zone to R-4 (High -Density Multiple Family Residential) Zone on property generally located on the south side of Lincoln Avenue approximately 660' west of Holder Street The Chairman declared the public hearing open and requested the staff to present its report Mr. White presented Planning Staff Report PC#72-33 for the Commission's consid- eration Mr White also stated that there had been no written communications received either in favor or against the application The Chairman asked if there was anyone wishing to speak in favor of the appli- cation Mr George Putnam, 8383 Wilshire Blvd , Beverly Hills, representing the applicant addressed the Commission and stated that they are only request- ing that the front 1/3 of the property be rezoned He further stated that they feel that R-4 is the proper zone for this particular piece of property and they also feel that it meets the General Plan requirements The Chairman asked if there was anyone else wishing to speak in favor of the application There was no one The Chairman then asked if there was anyone wishing to speak against the application There was no one There was then discussion by the Commission regarding various items There was a discussion regarding a previous case on the property dealing with a zoning determination There were also discussions regarding the present status of the R-4 Urgency Ordinance, whether or not the Cypress College would have any plans for student housing regarding this property in the future, and the traffic problems if any that this R-4 zone would cause -5- Planning Commission Minutes May 4, 1972 Commissioner Ricker stated that he believed that the college would be interested in a combined commercial and residential zone on this particular property He also stated that he didn't know whether or not a zone change at this time was prudent He stated that he understood there was a possibility that the Commiss- ion would be revising their H -C (Highway -Commercial) Zone in the future and perhaps they should wait and make a combined commercial/residential zone Commissioner Ricker asked Mr Putnam if he would find it more feasible to perhaps construct a combined commercial/residential project rather than just a residential one Mr Putnam stated that they would not In response to an inquiry from Commissioner Cardoza, Daryl Ellwart, Chamber of Commerce Manager stated that they had not had any inquiries regarding an all commercial development on this particular property There was brief discussion regarding access from the rear property onto the street There was also discussion on the residents' feelings regarding zoning commercial property into residential Commissioner Ricker stated that there was some concern in his mind as to whether or not they should go ahead with the zone change from commercial property to residential property at this particular time He further stated that he wished to have more information presented to the Commission in order to better make a decision It was moved by Commissioner Ricker and seconded by Commissioner Warren to continue this item until the May 18, 1972, meeting in order to have comments and suggestions from both the Business Development Committee of the Chamber of Commerce and Cypress College regarding this particular zone change MR MURPHY, DEPUTY CITY ATTORNEY, ARRIVED AT 8.45 P M AND TOOK OVER FOR MR ERICKSON Commissioner Cardoza stated that he felt he could have acted on this matter at this meeting but since there were still questions he would be voting in favor of the continuance Commissioner Evans stated that she too felt she could have voted on the item at this meeting but she would also be in favor of a continuance. The motion was then voted on The motion was carried with the following roll call vote. AYES• 4 COMMISSIONERS• Ricker, Warren, Evans, Cardoza NOES 0 COMMISSIONERS None ABSENT. 1 COMMISSIONER. Sonju RECESS: The Chairman declared a recess at 8:50 p m The meeting was called back to order at 8:58 p.m with the following Commissioners present: PRESENT Commissioners Ricker, Warren, Evans, Cardoza ABSENT. Commissioner Sonju CONTINUATION OF A PUBLIC HEARING RE: AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES OF BOTH FOR PARK AND RECREATIONAL LAND. The Chairman announced that this was the time and place to consider an ordinance of the City Council of the City of Cypress amending Ordinance No 90, the Zoning Ordinance of the City of Cypress, by establishing regulations for dedication of land payment of fees of both for park and recreational land The Chairman declared the public hearing open and requested the staff to present its report -6- Planning Commission Minutes May 4, 1972 Mr White presented his presentation for the Commission's review He read a memo into the record received from Chuck Bryant, Secretary of the Recreation and Park Commission requesting that the Recreation and Park Commission be included as a reviewing and recommendation body for the Planning Commission in regards to this particular Park Fee Ordinance The memo also suggested that periodic joint meetings be held between the Planning and Recreation and Park Commissions to create better communications between the two bodies Mr White also stated that he had received a communication from Dick Harlow, Assistant Planning Director, for the City of Huntington Beach Mr Harlow suggested that the Commission review Section 25.76 Mr. White pointed out various changes in the proposed ordinance for the Commission's consideration Mr Murphy stated as part of the staff's report that it would be difficult time wise for the Recreation and Park Commission to review the ordinance prior to the Planning Commission voting on it He further stated that the Planning Commission could adopt the ordinance with whatever other changes it would propose and then adopt a separate policy to the maximum extent possible referring these questions to the Recreation and Park Commission The Chairman asked if there was anyone wishing to speak in favor or against the proposed ordinance There was no one There was brief discussion on optional design Being no further discussion by the Commission, the Chairman declared the public hearing closed It was moved by Commissioner Cardoza and seconded by Commissioner Ricker to adept a resolution recommending to the City Council the approval of the Park Fee Ordinance subject to the following revisions: Section 25-73 (b) The basis for determining the total number of dwelling units shall be the number of such units included in the subdivision at the time the final subdivision tract map is filed with the City Council for approval Also the complete deletion of Section 126-A 7 The motion was carried with the following roll call vote AYES. 4 COMMISSIONERS. Ricker, Warren, Evans, Cardoza NOES. 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONER: Sonju It was moved by Commissioner Warren and seconded by Commissioner Cardoza to adopt a policy resolution that under Section 25-77 (2) that any such plans be forwarded to the Park and Recreation Commission for their recommendation The motion was carried with the following roll call vote: AYES: 4 COMMISSIONERS' Ricker, Warren, Evans, Cardoza NOES• 0 COMMISSIONERS None ABSENT. 1 COMMISSIONER: Sonju RECESS: The Chairman declared a recess at 9.29 p m The meeting was called back to order at 9.35 p m with the following Commissioners present. PRESENT: Commissioners Ricker, Warren, Evans, Cardoza ABSENT • Commissioner Sonju -7- Planning Commission Minutes May 4, 1972 STAFF REPORTS AND DISCUSSIONS Architectural Review -- 5652 Lincoln Avenue, Mr Robert Decker: The Chairman announced that there would be a discussion regarding architectural review for Mr Robert Decker, 5652 Lincoln Avenue, Cypress California She requested the staff to present its report. Mr White read a communication into the record from the Building Superintendent Due to the contents of the communication it was the recommendation of the staff that the Planning Commission continue this matter until the June 1, 1972, meeting pending the actions taken on the subject property by the Building Department It was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to continue this matter to the June 1, 1972, meeting Policies of the Planning Commission Commissioner Cardoza requested that a manual be made up for each Commissioner to include the various policies that have been approved by the Commission in the past so they could have them at their disposal Development of Lincoln Avenue In regards to the design of specific situations of Lincoln Avenue, it was moved by Commissioner Cardoza, seconded by Commissioner Warren and unan- imously carried that the staff either develop sketches for review on pro- posed Lincoln Avenue setback projects for review of the Planning Commission or to present specific recommendations to the Planning Commission on ways of obtaining professional services Larwin Project on Lincoln Avenue It was moved by Commissioner Ricker, seconded by Commissioner Cardoza and unanimously carried that the Building Department inspect the Larwin project on Lincoln Avenue to determine if they are in compliance with the use permit conditions as set forth by the Commission and also the various zoning ordinance requirements Specifically: look at the height limitations as set forth in ,the zoning ordinance and the setback requirements from adjacent R-1 develop- ments and non -vehicular open space requirements and furthermore that a report be submitted to the Planning Commission with a detailed explanation of the findings of such an inspection He stated that he would like this report by the May 18, 1972 meeting Communication to the Recreation and Park Commission As a directive to the staff, Commissioner Cardoza requested that a letter be sent to the Recreation and Park Commission regarding the Planning Commission's decision and also the policy resolution ADJOURNMENT: Being no further business at this time, Chairman Evans declared the meeting adjourned at 9:50 p m until the May 18 1972, meeting at 4:00 p.m ATTEST SEMMI CRE ARY OF THE PLANNING COMMISSION' CHAIRMAN OF THE PLANNING COMMISSION -8- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD May 18, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:10 p m on Thursday, May 18, 1972, in the City Council Chambers 5275 Orange Avenue, Cypress, California, Chairman Evans presiding. PRESENT: Commissioners Sonju, Warren, Evans ABSENT. Commissioners Ricker and Cardoza Also present were City Manager, Darrell Essex, Administrative Assistant, Doug Dunlap Assistant City Engineer, Ray Coakley, Building Superintendent Tom Nudson, and Secretary of the Planning Commission, Ralph White. MINUTES: It was moved by Commissioner Warren seconded by Commissioner Sonju and unan- imously carried to continue the consideration of the May 4, 1972, minutes until the evening session STAFF REPORTS AND DISCUSSION. Tentative Tract 7793 Mr White requested that this item be continued until the evening session at which time the applicant would be available to speak in favor of the request It was moved by Commissioner Sonju, seconded by Commissioner Warren and unani- mously carried to continue the consideration of Tentative Tract 7793 to be heard after item 411 on the agenda COMMISSIONER RICKER ARRIVED AT 4 17 P M Bergum Construction -- Time Extension Mr. White read a letter into the record dated May 16, 1972, from Bergum Construc- tion Company requesting a time extension on their conditional use permit applica- tion for 120 days There was brief discussion regarding the number of days involved in the time extension After the discussion, it was moved by Commissioner Warren, seconded by Commissioner Evans and unanimously carried to approve an additional time extension of 60 days on Conditional Use Permit No C-250. Panamint Construction -- Conditional Use Permit No C-266 Mr White stated that Panamint Construction had recently developed a problem with their Conditional Use Permit No C-266 and he then presented it to the Commission He stated that condition #18 of the same conditional use permit required that medium shake shingles be on the roof and also on the sides of the buildings. He also stated, however, that the Building Department had informed him that it would be impossible to get a fire rating with wood shakes Mr White then displayed some samples of various types of shingles for the Commission's consideration There was lengthy discussion regarding what type of shingles would be used on the roof After the discussion, it was moved by Commissioner Warren to modify condition 4118 of Conditional Use Permit No C-266 to read as follows: -1- Planning Commission Minutes May 18, 1972 18 To allow an aluminum or light weight cement shake to be approved by the staff The motion died for lack of a second It was moved by Commissioner Sonju and seconded by Commissioner Warren to modify condition #18 of Conditional Use Permit No C-266 to read as follows. 18 That a concrete shingle would be allowed subject to the approval of the color and texture by the staff COMMISSIONER CARDOZA ARRIVED AT 4:41 P M Commissioner Evans stated that she felt very strongly that the wood shakes should be used as far as appearance is concerned and therefore she would be voting against the motion It was suggested by Commissioner Cardoza, as a directive to the staff, that samples of shingles be submitted for color and texture The motion was then voted on The motion was carried with the following roll call vote: AYES 4 COMMISSIONERS• Ricker, Sonju, Warren Cardoza NOES 1 COMMISSIONER Evans Recreational Vehicles Tom Nudson, Building Superintendent, addressed the Commission and presented the Commission with some information regarding a possible amendment to the zoning ordinance in the near future He stated that there were between 2,000 and 3,000 recreational vehicles in the City of Cypress and legally there were no facilities to accommodate them He also stated that there were three (3) nonconforming lots in the city at the present time that were storing recreational vehicles He stated that he would like the Commission to give this problem some consideration and perhaps in the near future a solution could be reached He also suggested that the Commission could consider the possibility of changing the zone of certain parcels of land in order to accommodate these recreational vehicles Mr Nudson stated that they had received only one complaint against the three (3) storage yards and other than that the other complaints received were con- cerning the parking of recreational vehicles on the streets, driveways, in yards etc There was brief discussion regarding some of the alternatives that could be taken by the Commission Commissioner Evans stated that she would not be in favor of a blanket approval of the three (3) existing storage lots in the city It was moved by Commissioner Warren and seconded by Commissioner Ricker to refer the study of this matter to the City Attorney's office to have him report back to the Planning Commission with any alternatives for amending the Code that he might have The motion was carried with the following roll call vote. TO WIT: ALL AYES Conditional Use Permit No C-254 -- Landscape Plans Mr White stated that regarding Conditional Use Permit No C-254 the developers had approximately a 9' x 20' break in the middle of the carports which was to be used for landscaping The developers were now asking if this small area could -2- Planning Commission Minutes May 18, 1972 be used for a:bike rack. Mr. White displayed a copy of the plans for the Commission's consideration. After the Commission had briefly reviewed the plans and discussed the matter, it was the consensus of the Commission that the developer stay with the original plan that they had submitted. .jz oali .31i RECESSI + ,'{ ' i4 c4? c, f, 'rd g sir Chairman Evans declared a recess of the Planning Commission at 5.29 p.m. until 7 30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7.33 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, Californiay;Chairman Evans presiding. i- r~� r t c itc "r., t `� , " G 3c) :' ,:o,BJ.ri PRESENT: Commissioners Ricker, Sonju, Evans, Cardoza :�n;; r;t,ieelfr o') &r{7 ABSENT: Commissioner Warren o no.Lee.u.,aif 4atIrf to 1.9dmz0 9di 3c. COMMISSIONER WARREN ARRIVED AT 7:34 P.M. b70 yocxsg..l.-•Sf ,; mc,. • asci -, - goI9veh 1) Also present were Administrative Assistant, Doug Dunlap, Assistant City Engineer, Ray Coakley, and Secretary of the Planning Commission, Ralph White MINUTES: May 4, 1972 Commissioner Warren requested that the following correction be made on Page 5, Paragraph 9: Mr George Putnam 8383 Wilshire Blvd , Beverly Hills, representing the applicant, addressed the Commission and stated that they are only requesting that the front 1/3 of the property be rezoned Being no further corrections or additions, it was moved by Commissioner Warren and seconded by Commissioner Cardoza to approve the minutes of May 4, 1972, as corrected The motion was carried with the following voice vote. AYES* 4 COMMISSIONERS. Ricker, Warren Evans Cardoza NOES 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONER• Sonju Commissioner Sonju abstained due to the fact that she was not present at the meeting of May 4 1972 ORAL COMMUNICATIONS: There were no oral communications at this time PUBLIC HEARINGS: CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-213 -- SHAPELL INDUSTRIES: The Chairman announced that this was the time and place to consider an application for amendment to the Zoning Ordinance No 90, to change the zone of a certain par- cel of land from H -C (Highway Commercial) Zone to R-4 (High -Density Multiple Family Residential) Zone on property generally located on the south side of Lincoln Avenue approximately 660' west of Holder Street The Chairman declared the public hearing open and requested the staff to present its report Mr White stated that the reason the zone change had been continued was to allow the Business Development Committee of the Chamber of Commerce and the Cypress College District to make comments and suggestions and submit them to the Planning Commission for their consideration. He then read two letters into the record that -3- Planning Commission Minutes May 18, 1972 had been received from the two above mentioned groups He read one letter from the Business Development Committee which generally stated that the Planning Commission should keep the future development of Cypress in mind in making a determination on this particular piece of property at this time He also read a letter from the North Orange County Community College District signed by Elton Ward stating that it was the policy of the district not to take a position on zoning matters that did not directly affect the health and welfare of the students There was a brief discussion regarding the appropriate time to start the public hearings for the Planning Commission meetings It was stated by the Secretary of the Planning Commission that 7 30 p m was the time that was advertised in the newspapers The Chairman asked if there was anyone wishing to speak in favor of the app- lication Mr George Putnam, 8383 Wilshire Blvd , Beverly Hills, addressed the Commission and spoke in favor of the zone change application There was brief discussion on the letter received from the Business Development Committee of the Chamber of Commerce There was also discussion regarding the present R-4 Urgency Ordinance which would expire in August Mr Murphy stated that if the developer has commenced construction pursuant to a validly issued building permit he would have a vested right to complete construction in accordance with the now existing R-4 Urgency Ordinance and if he hasn't commenced construction then he would be bound by whatever substitute R-4 Ordinance may have been adopted The Chairman asked if there was anyone wishing to speak against the applica- tion for zone change There was no one. There was discussion regarding the following items whether or not the dev- eloper would adhere to the recommendations as set out in the Townscape Element of the General Plan the number of children generated from the complex, a discussion on the height limitations of the R-3 and R-4 ordinances, and also the number of units per acre There was also discussion on the amount of acreage currently zoned commercial and the amount allocated for commercial Being no further testimony, the Chairman declared the public hearing closed Commissioner Ricker stated that he felt that R-4 was the highest and best use of the property It was then moved by Commissioner Ricker and seconded by Commissioner Warren to approve Zone Change No. Z-213 Both Commissioners Evans and Cardoza stated that they felt enough testimony and evidence had been presented and they too felt that R-4 was the highest and best use of the property The motion was then voted on The motion was carried with the following roll call vote. AYES 4 COMMISSIONERS Ricker, Warren, Evans, Cardoza NOES 0 COMMISSIONERS None ABSENT. 0 COMMISSIONERS. None ABSTAIN: 1 COMMISSIONER: Sonju TENTATIVE TRACT 7793: The Chairman stated that the Planning Commission would at this time consider the continuation of Tentative Tract No 7793 She asked if there was anyone wishing to speak in favor of this tentative tract Mr George Putnam, 8383 Wilshire Blvd., Beverly Hills, representing the app- licant, addressed the Commission and requested that the tentative tract be continued for one or two meeting dates due to the fact that they were in the process of developing a new unit -4- Planning Commission Minutes May 18, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Warren and unan- imously carried to continue the consideration of Tentative Tract #7793 to the June 15 1972 meeting It was stated by Mr Murphy that if the Commission failed to consider this matter at their June 15, 1972, meeting it would be deemed as an approval CONTINUATION OF PUBLIC HEARING RE MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT NO C-206 -- HENRY J VERHOEVEN. The Chairman announced that this was the time and place to consider an applica- tion for a conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets, in the City of Cypress, The Chairman declared the public hearing open and requested the staff to present its report Mr. White stated that they had requested a title search from the applicant in order to determine which properties are owned by the railroad and which are owned by the applicant and which are owned by the City in terms of the public right-of-way He further stated that this was a very lengthy process and therefore the staff would recommend a continuance to the June 1, 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Warren and unan- imously carried to continue the consideration of the modification of Conditional Use Permit No C-206 until the June 1 1972, meeting CONTINUATION OF PUBLIC HEARING RE: ALTERATION OF THE DUTCH PRIDE DAIRY PRODUCTS STORE, EXISTING UNDER CONDITIONAL USE PERMIT NO C-120. The Chairman announced that this was the time and place to consider a request for alteration of the Dutch Pride Dairy Products Store, existing under Condi- tional Use Permit No C-120, to allow the construction of a fresh farm -produce stand on property located at 11741 Valley View Street. The Chairman declared the public hearing open and requested the staff to present its report Mr White then read a letter of withdrawal into the record from Mr Van Ruiten stating that he was unable to proceed with his plans for a fresh farm -produce stand at this time The Chairman then declared the public hearing closed and stated that she would entertain a motion for denial It was moved by Commissioner Cardoza and seconded by Commissioner Sonju to deny the request for a fresh farm -produce stand as per the letter of withdrawal The motion was carried with the following roll call vote. TO WIT: ALL AYES PUBLIC HEARING RE AN AMENDMENT TO THE CYPRESS GENERAL PLAN BY ADOPTING THE CYPRESS RECREATION AND PARK GENERAL PLAN: The Chairman announced that this was the time and place to consider an amendment to the Cypress General Plan by adopting the Cypress Recreation and Park General Plan The Chairman declared the public hearing open and requested the staff to present its report Mr White presented Planning Staff Report PC#72-35 for the Commission's con- sideration Mr White stated that the intent of adopting the Focus 2 000 was twofold He stated that the staff was primarily concerned because of the urgency involved with the date He stated that in a follow-up recommendation the Planning Com- mission could direct the city staff to review both the Townscape Plan and all of its elements and the Park and Recreation District's plan -5- Planning Commission Minutes May 18, 1972 Mr White stated that the Focus 2000 included many influential areas and it also excluded some important areas such as the zoo and numerous parks He made it very clear that the only reason that the staff would like to see this adopted at this time would be to support their position when they send this document to the State in meeting the requirements for an Open Space Plan by June 30 1972 In closing, Mr White strongly recommended that the Planning Commission adopt the Focus 2000 Commissioner Sonju stated that in the past she had agreed to approve items on which she did not completely agree and she felt very strongly about this particular issue She stated that she did not agree with adopting the Focus 2000, it did not contain mention of the zoo, the trailways the retarding basin and many other items that are presently being considered In response to an inquiry from Commissioner Evans, Mr Murphy reviewed a few consequences that would affect the City of Cypress if they did not fulfill the state requirements by June 30, 1972 He stated that no building permits may be issued or subdivision maps approved and no Open Space Zoning Ordinance may be adopted unless the proposed construction subdivision or ordinance is consistent with the local Open Space Plan He further stated that certain funds could be cut off and/or development could be completely halted in the City He stated it is the staff's position that this would be proposed to the Commission and the Council as an interim plan only and it is no one's intention that this be a permanent plan He further stated that the assembly has adopted a bill that would extend this June 30, 1972, deadline for one year He suggested that perhaps the Commission might decide to adopt the proposal suggested by the staff but submit a letter of transmittal to the City Council to the effect that if the bill adopted by the assembly should become law and if it should not be necessary to submit an Open Space Element to the state by June 30, 1972, deadline then the Planning Commission would like to reconsider this aspect of the Open Space Plan Commissioner Ricker stated that he was in agreement with Commissioner Sonju in regards to the Focus 2000 He stated that he felt the Focus 2000 document was very lacking in many respects He stated that it was very lacking partic- ularly in the area of bicycle trailways He further stated that if this were adopted as a general plan document it could lead to considerable confusion between the Land Use Element and the Townscape Element He went on to say that he would be in favor of adopting the Focus 2000 document as a tentative supplement to their Townscape program where the Townscape itself would repre- sent their basic Open Space Element of the General Plan Mr White stated that the recreation element will be represented by the Focus 2000 and it would be merely one of the elements that would be a part of the Open Space plan the other elements which are required under the Open Space plan would be represented by the Townscape Plan Mr White explained that the Open Space Element contains a Recreation Element and this is what would have to be adopted and presented to the state by June 30, 1972 He further stated that there is a Park and Recreation Element of the General Plan presently but it was adopted in 1964 He further stated that they would be sending the Focus 2000 to the state in order to support their position that the city does indeed have an Open Space Element He stated that it is the staff's contention that if they sent the present Park and Recreation Element it would cause more conflicts than the Focus 2000 Commissioner Warren stated that due to the shortness of time and staff he would be in favor of adopting the Focus 2000 and the Townscape Plan He would then recommend that they hold the documents and wait to see whether or not the governor signed the assembly bill extending the time limit from June 30, 1972, to June 30, 1973 The Commission could then make the Council aware that it is the Commission's wish and recommendation that they be given a year to adequate- ly prepare a proper document for the Park and Recreation Element He did state, however, that something should be adopted at the meeting tonight -6- Planning Commission Minutes May 18 1972 Commissioner Sonju stated that she would rather have a Park and Recreation Element adopted which is eight years old and by so doing at least everyone would be aware that it did need to be updated and it would come back before the Commission and they could adopt a new element. Commissioner Evans stated that she did not like to be presented with something without some sort of alternative She further stated that she is fully aware that there are many items that are contrary to the feelings of the Planning Commission and also to her personal beliefs She also stated that she was aware of the consequences the city faced if they did not approve this plan tonight She stated that she was prepared to approve this plan tonight only with the recommendation to the City Council that this plan and other elements be completely reviewed by the Planning Commission and the staff Furthermore, she wanted it made perfectly clear that approval of this plan was only with the thought in mind of revision at a later date It was suggested by Mr Murphy that if the Planning Commission did decide to adopt this plan that a sentence be added to Page 47 of the Townscape Plan which would read as follows: The report "Focus The Year 2000' is incorporated in and made a part of this Open Space Element by reference He further stated that in the Planning Commission's resolution to the City Council it could be made clear that their resolution should be considered by the City Council only in the event that it is necessary in order to comply with Government Code 65563 In the event the State legislature should take effect prior to the time the City Council considers this matter then the Commission could indicate to the City Council that it would be their intention that the Council ignore this recommendation since the Commission is making it very clear to them that the only reason they are adopting this recommendation is that it is an emergency situation Commissioner Cardoza stated that he would be very much in favor of adopting this supplement to the Townscape Plan He suggested that if they do adopt such an element that if they are concerned as to the enforcement of this plan they could look into the standards and criteria set up by the County of Orange for recreation and park development He stated that this could be used as a guide as to how the city might develop He further stated that this plan, if adopted, would merely be a supplement to the Townscape Element He stated that he would rather submit the Focus 2000 than the eight year outdated plan that they already have Mr White stated for the benefit of the Planning Commission that they would be sending both the Townscape Plan, which will be primarily what will consti- tute the Open Space Plan supported by the Focus 2000 as referenced in the Townscape Plan as the recreation plan which is a part of the total Open Space Plan package The Townscape Plan is the primary document for open space He further stated that by adopting the Focus 2000 as a supplement to the Townscape Plan they would be adopting the Focus 2000 as an element of the General Plan since the Townscape Plan is an element of the General Plan Commissioner Sonju stated she feels that by adopting this plan the Commission would be conveying to the City Council and to the Recreation and Park Commission that the Planning Commission does approve of this document when in reality they do not She feels that it is worth the risk involved not to approve this document Being no further discussion, the Chairman declared the public hearing closed It was moved by Commissioner Cardoza and seconded by Commissioner Warren to adopt the document Focus 2000 as a supplementary item subject to the following revision: -7- Planning Commission Minutes May 18 1972 . The report 'Focus The Year 2000" is incorporated herein and made a part hereof to the Townscape Element of the General Plan. Commissioner Ricker stated that he still could not go along with this document He stated that he didn't believe that a document of this type was worthy of being called an element of the General Plan He further stated that as a Planning Commission he did not feel that they could adopt something so grossly inadequate for the City of Cypress Commissioner Evans stated that under the circumstances she would be voting in favor of this motion She stated that she did not wish to put Cypress in the position of not being able to issue permits. She further stated that she was confident that as a Planning Commission they would review this document and see to it that an appropriate Recreation Element would be adopted as soon as possible The motion for approval was then voted on The motion was carried with the following roll call vote. AYES: 3 COMMISSIONERS• Warren, Evans, Cardoza NOES 2 COMMISSIONERS Ricker and Sonju Discussion then followed regarding the type of transmittal and its contents to be referred to the City Council regarding the decision of the Planning Commission Commissioner Sonju stated that whatever type of communication was proposed it should be sent to future members of the Planning Commission as well as the Recreation and Park Commission Commissioner Cardoza suggested that if any Commissioner was not satisfied with the recommendation or proposal that they could write their views and opinions in a letter to the City Council Commissioner Evans stated that she felt very strongly that some type of communication should be forwarded to the City Council expressing the Commis- sion's views and opinions She further wanted it made clear that it is the intent of the Planning Commission to review immediately this element and to come up with an element that is workable and in conformance with the General Plan of Cypress There was brief discussion regarding different elements of the General Plan and whose responsibility it was to develop these elements It was moved by Commissioner Cardoza and seconded by Commissioner Warren that the Planning Commission recommend to the City Council that the element Focus: The Year 2000 be referred to the Planning Commission after June 30 1972, to enable the Planning Commission to have a joint meeting with the Recreation and Park Commission for the purpose of reviewing the recreation element of the General Plan Commissioner Cardoza stated as a means of explanation of the motion that it would be the option of the Planning Commission to decide when they wished to meet with the Recreation and Park Commission Commissioner Evans stated that she was not adverse to meeting with the Rec- reation and Park Commission She stated that she believed this was completely the responsibility of the Planning Commission She feels in some way that this motion reflects the lack of the Planning Commission to take on a responsi- bility She stated, however, that she would be voting in favor of the motion The motion was then voted on The motion was carried with the following roll call vote TO WIT• ALL AYES -8- Planning Commission Minutes May 18, 1972 Commissioner Cardoza stated that he would like the Secretary of the Planning Commission to look into the standards and criteria of the County of Orange for recreation development and submit a report to the Planning Commission REPORTS OF OFFICERS AND COMMISSIONERS. Commissioner Ricker read into the record a proposed policy regarding Implemen- tation of the Townscape Plan. He put it before the Commission and asked their opinions of it It was moved by Commissioner Sonju seconded by Commissioner Warren and unanimously carried to have copies of this proposed policy typed up and distributed at the next meeting for further discussion There was brief discussion on the following items. Lincoln Avenue, bicycle trails, Larwin Project on Lincoln Avenue, and sketches of Lincoln Avenue for the Business Development Committee ADJOURNMENT. Being no further discussion at this time, the Chairman declared the meeting adjourned at 9.58 p m until the June 1 1972, meeting at 4:00 p m CHAIRMAN OF THEPLANNING COMMISSION ATTEST: Pal, /Mra SECRETARY OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD June 1, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:08 p m , on Thursday, June 1, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker, Sonju, Warren, Evans ABSENT' Commissioner Cardoza Also present were City Manager/City Clerk, Secretary of the Planning Commission, Darrell Essex, Administrative Assistant, Doug Dunlap, and Assistant City Engineer, Ray Coakley RECESS: The Chairman declared a recess at 4 09 p m The meeting was called back to order at 4.17 p m with the following Commissioners present: PRESENT* Commissioners Ricker, Sonju, Warren, Evans ABSENT Commissioner Cardoza STAFF REPORTS AND DISCUSSION: Mr Essex stated for the benefit of the Planning Commission that the city was recruiting for a new Planning Director There was brief discussion on the reappointment of the Planning Commissioners There was also general discussion on the following items park dedication, vacant park land, current status on the industrial property by the airport, and the drainage for the Larwin project on Orange Proposed Policy regarding Implementation of the Townscape Plan submitted by Commissioner Ricker: There was brief discussion regarding the proposed policy statement and minor corrections were made Commissioner Evans stated that she felt it was a general statement which was open to interpretation. It was moved by Commissioner Warren, seconded by Commissioner Sonju and unanimously carried to adopt the proposed policy for Implementation of the Townscape Plan with the minor corrections and to distribute copies to the Chamber of Commerce as well as the City Council There was a general discussion regarding the following items: the Open Space Element bicycle trailways, the budgeting for trailways and landscaping, the status of the Planning Department, and the park bond election COMMISSIONER SONJU LEFT AT 4:50 P M RECESS. Chairman Evans declared a recess at 4.51 p m until 7.30 p m CALL TO ORDER The meeting of the Cypress Planning Commission was called back to order at 7 37 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding -1- Planning Commission Minutes June 1, 1972 PRESENT. Commissioners Ricker, Warren, Evans ABSENT. Commissioners Sonju and Cardoza Also present were City Manager/City Clerk, Secretary of the Planning Commission, Darrell Essex, Assistant City Attorney, John Murphy, Administrative Assistant, Doug Dunlap, Assistant City Engineer, Ray Coakley. ORAL COMMUNICATIONS: There were no oral communications at this time PUBLIC HEARINGS: It was moved by Commissioner Warren, seconded by Commissioner Ricker and unani- mously carried to take item 112 out of order CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT NO C-206 -- HENRY J VERHOEVEN: The Chairman announced that this was the time and place to consider an applica- tion for a conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets, in the City of Cypress, requested by Henry J Verhoeven The Chairman declared the public hearing open and requested the staff to present its report Mr Essex stated for the Commission's consideration that he had received a ver- bal request from the applicant to have this matter continued to the next regular meeting It was moved by Commissioner Ricker, seconded by Commissioner Warren and unani- mously carried to continue the consideration of this matter to the next regular meeting of June 15, 1972 It was moved by Commissioner Warren, seconded by Commissioner Ricker and unani- mously carried to take items 1i3 and 1i4 before item 111 was heard PUBLIC HEARING RE: ZONE CHANGE NO. Z-214 -- C. J. McCORMICK: The Chairman announced that this was the time and place to consider an applica- tion for amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from C-1 (Neighborhood Stores Zone) to C-2 (General Commercial Zone) on property generally located on the southwest corner of Knott Street and Cerritos Avenue, requested by C J McCormick The Chairman declared the public hearing open and requested the staff to present its report. Prior to starting the public hearing Chairman Evans briefly reviewed the cover letter on the agendas which explained the procedure to be followed by the Plan- ning Commission at their meetings. Mr Essex presented Planning Staff Report PC#72-37 for the Commission's consid- eration RECESS: The Chairman declared a recess at 7:44 p m The meeting was called back to order at 7:50 p m with the following Commissioners present: PRESENT: Commissioners Ricker, Sonju, Warren, Evans ABSENT: Commissioner Cardoza Mr Essex stated that there had been no communications received either in favor or against. The Chairman asked if there was anyone wishing to speak in favor of the applica- tion for zone change. Mr. C. J. McCormick, 2110 Vista Laredo, Newport Beach, addressed the Commission and stated that he has owned this particular piece of property for 21 years and to date he has not found a use for it. He stated that -2- Planning Commission Minutes June 1, 1972 he now has a prospective buyer for the property but the buyer is interested in the property only if it is zoned C-2 The Chairman asked if there was anyone wishing to speak against the zone change There was no one COMMISSIONER CARDOZA ARRIVED AT 7:53 P M There was discussion regarding the following items the reason the buyer wants the property changed to C-2, the uses presently surrounding the property in question, etc Commissioner Warren stated that he would consider a C-2 zone due to the fact that it does qualify based upon the size of the lot He further stated that he felt there was more merit in a C-2 zone than a C-1 Commissioner Evans stated that the Commission had previously taken action to put this particular property in a much more restrictive zone than it already exists Commissioner Evans stated that she would be interested in knowing how the circumstances have changed on this property to warrant a C-2 zone now It was stated that the amount of traffic has increased in recent years and also the fact that the owner could not develop the property under C-1 could be a reason for changing the zone at this time Being no further testimony, the Chairman declared the public hearing closed Commissioner Sonju stated that merely because property zoned C-1 hasn't developed doesn't necessarily mean it will develop if rezoned to C-2 She further stated that some of the permitted uses in the C-2 zone were objectionable to her There- fore, it was moved by Commissioner Sonju and seconded by Commissioner Evans to deny Zone Change No Z-214 Commissioner Cardoza stated that he would be abstaining from the vote due to the fact that he was not present when the testimony was given Commissioner Evans stated that she was in favor of denying the motion due to the fact that she felt if the zone were to be changed at all that it should be a more restrictive zone The motion was then voted on The motion was carried with the following roll call vote: AYES: 3 COMMISSIONERS• Ricker, Sonju, Evans NOES• 1 COMMISSIONER• Warren ABSTAIN 1 COMMISSIONER. Cardoza PUBLIC HEARING RE: VARIANCE NO. V-308 -- MELVEN GENSER OUTDOOR SIGNS, INC . The Chairman announced that this was the time and place to consider an applica- tion for variance to allow a 10' x 10' subdivision directional sign on property located at 5962 E Ball Road Cypress, requested by Melven Genser Outdoor Signs, Inc. The Chairman declared the public hearing open and requested the staff to present its report Mr Essex presented Planning Staff Report PC#72-36 for the Commission's consid- eration He stated that there had been no communications received either in favor or against the request The Chairman asked if there was anyone wishing to speak in favor of the request for variance Mr Gene Whitman, representing Melven Genser Signs, 5321 Vineland Avenue, North Hollywood addressed the Commission and stated that they were requesting this variance in order to relocate a sign presently located on railroad property and they wanted to move it to Mr Leal's property -3- Planning Commission Minutes June 1 1972 There was a discussion regarding the sign ordinance and what it did allow It was stated by the attorney that a maximum of two (2) 100 sq ft signs were allowed on any transitional area from five (5) to ten (10) acres It was deter- mined that the applicant would be varying the location and not the size. Commissioner Evans stated that she was concerned with the fact that there were already two (2) signs on the property in question and to add another would exceed the maximum number of two She stated that the signs that were presently existing on the property, were well over their 18 month period She stated that these signs should be removed or an extension of time applied for by the applicant It was suggested that the Planning Commission consider the two signs already on the property in violation and also nonconforming The Commission could notify the people in question and make them aware that their sign needs a time exten- sion and then go ahead and act on this matter as having no signs on the property There was discussion on the conditions imposed and also on additional ones that could be added Commissioner Cardoza stated that he felt there was no hardship involved and he didn't feel that the sign needed to be relocated He further stated that if the additional sign was added the maximum would be exceeded and he felt there was no justification for it Being no further testimony, the Chairman declared the public hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Cardoza to deny Variance No V-308 Commissioner Sonju stated that she saw no hardship involved regarding either the S & S property or the Leal dairy property She would be voting to deny the request Commissioner Ricker stated that he doesn't feel by denying this request that they are going to be more stringent as far as the number of signs are concerned in Cypress He stated that he would be in favor of the sign Commissioner Warren stated that he feels this is a transitional area and he has no objection to the sign Commissioner Eva -'s stated that she would be willing to vote for denial of this request at this gime in hopes that a request for an extension would be before them for Variance No V-268 and then a new request could be made for the other property She stated that she feels this is a transitional area but it is enjoying a special privilege now with two signs She feels that two signs on the property is adequate The motion was then voted on The motion was carried with the following roll call vote. AYES• 3 COMMISSIONERS Sonju, Evans, Cardoza NOES. 2 COMMISSIONERS: Ricker and Warren CONTINUATION OF PUBLIC HEARING RE: AN AMENDMENT TO THE ZONING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, PROVIDING FOR THE PRESERVATION OF CERTAIN TREES: The Chairman announced that this was the time and place to consider an amend- ment to the Zoning Ordinance No 90, the Zoning Ordinance of the City of Cypress, providing for the preservation of certain trees The Chairman dec- lared the public hearing open and requested the staff to present its report Mr Essex presented Planning Staff Report PC##72-38 for the Commission's con- sideration He stated that there had been no written communications received -4- Planning Commission Minutes June 1, 1972 either in favor or against The Chairman asked if there was anyone wishing to speak either in favor or against the proposed amendment There was no one There was discussion regarding the Landmark Tree map and the fact that if this ordinance were adopted this map would also be approved There was also discussion regarding a fee for the granting of these permits It was discussed that the cost should be listed for the permits as well as for the permits to prune or trim the trees It was discussed whether or not an amount for a fee should be included in the ordinance or in a resolution from the Planning Commission on which the City Council would take final action There was further discussion as to what the amount of the fees should be There was lengthy discussion regarding Section 125-A 8 Emergency Removals regarding the fact that any person in the Police Department was authorized to go ahead and remove or prune one of the designated Landmark Trees Mr Murphy stated that this section could be deleted or amended by the Planning Commission There was discussion regarding the requirement of a permit as listed on Page 42 of the Townscape Plan Commissioner Ricker stated that he would like to have the reasons for a permit listed under Section 125-A 5 in order to further clarify the ordinance There was discussion regarding paving or structures within 30 feet of the trunk of the tree It was stated that it would probably depend on what type of tree it was as to how far away paving took place Mr Essex suggested that one of two alternatives be taken by the Planning Commission at this time He stated that the Planning Commission could adopt this ordinance directing the staff to include a provision for the safe guard and preservation of the trees upon development These items could be incorporated into the ordinance and presented to the City Council He also stated that the Planning Commission could continue this matter and let the staff revise it and bring it back for the Commission's consideration Commissioner Cardoza suggested that the following two items could be included in the body of the ordinance. 1 The possibility of placing a permit fee on this item 2 Insure the safe guard of the trees regarding construction within its proximity He further requested that the Landmark Tree plan that they had before them be updated and returned for their consideration In regard to having the Landmark Tree Plan updated Mr Essex stated that due to the lack of staff at the present time he would recommend that the staff be given approximately 60 to 90 days in which to update this plan Commissioner Cardoza stated that he would like the Public Works Department informed in the event of a street widening project or some kind of street improvement project that they should seek the permission of the Planning Commission before relocating removing or trimming any of the trees There was then a discussion in regards to Section 125-A 9 on whether or not the number of days in which one could appeal was twelve (12) or ten (10) days Commissioner Evans stated that there had been discussion regarding the follow- ing items 1 A permit fee 2 Insuring the safe guard of the trees 3 Changing the number of days from 10 to 12 for an appeal -5- Planning Commission Minutes June 1, 1972 It was moved by Commissioner Cardoza, seconded by Commissioner Warren and unanimously carried to continue this matter to the June 15 1972 meeting in order that the staff would have time in which to review the above men- tioned items ADJOURNMENT. Being no further discussion the Chairman declared the meeting adjourned at 9 25 p m until the June 15, 1972 meeting at 4:00 p m ATTEST: ialle ,4- ECRETA OF T PLANNING COMMISSION C i CHAIRMAN OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD June 15, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:03 p m on Thursday, June 15, 1972, in the City Council Chambers 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT. Commissioners Ricker, Warren, Evans ABSENT Commissioner Sonju Also present were City Manager/City Clerk, Secretary of the Planning Commis- sion Darrell Essex, Administrative Assistant, Doug Dunlap, Building Super- intendent, Tom Nudson, and Assistant City Engineer, Ray Coakley MINUTES: May 18, 1972 It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to approve the minutes of May 18, 1972, as written Tentative Tract 7793 The Chairman announced that there would be a discussion regarding Tentative Tract 7793 She then asked the staff to present a report Mr Dunlap stated that the applicant had requested a continuance to the next regular meeting of the Planning Commission due to the fact that there were a few details on the plans that had not been finished Tentative Tract 7892 (Architectural Review) Mr Dunlap stated that there were plans and elevations available for the Com- mission's consideration and if there was no objection, it would be more con- venient to review the plans in the conference room It was the consensus of the Planning Commission to review the plans in the conference room Mr Dunlap presented Planning Staff Report PC#72-39 for the Commission's con- sideration The Commission then reviewed the tentative tract map and discussed the follow- ing items the shape of the property, the difference in the yield of lots for standard lots as opposed to optional design the proposed walkway, fire department regulations school districts, and park and bicycle trailways There was discussion regarding the conditions, improvement cf the median landscaping on Valley View Street, 10 ft side yards driveway entrances, and patios The Commission then proceeded to consider architectural review and such items as the roofs, the price range on the houses, fencing, and wood shake shingles After the discussion it was decided to call the meeting back to order and recommend specific conditions to the developer It was moved by Commissioner Warren and seconded by Commissioner Evans to approve Tentative Tract 7892 subject to the following conditions including revisions 1 Drainage fees shall be paid in accordance with the Master Plan of Drainage -1- Planning Commission Minutes June 15, 1972 2 Drainage shall be solved to the satisfaction of the City Engineer 3 Drainage easements shall be dedicated to the City as required 4 Street lights shall be installed per City Standards 5 Advance street light energy charges shall be paid 6 Street trees (15 gal ) shall be provided in accordance with the street tree policy 7 Soil in planting areas including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified The test results shall include concentration cf nitrogen, phos- phorus potassium pH salinity sodium status and boron satura- tion extract Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least thirty (30) days prior to planting date 8 Four (4') foot tree wells shall be required in all streets having walks adjacent to the curbs, per City Standards 9 Sidewalks adjacent to curbs shall be 5 50 feet in width with five foot (5') parkway and public utility easements 10 Minimum street grades shall be 0 20% 11 All lets shall drain to the front with a minimum of 1% grade 12 Cul de sacs shall have a forty three and one half foot (431') radius with a 38' minimum curb radius 13 Developer shall place curb and gutter and pave out to the City's street improvements on Valley View Street 14 The developer shall pay one half the cost tD landscape and to install an automatic sprinkler system in the median island 15 Development of the trailways on Valley- View Street will be in accordance with the standards established by the Engineering Department for a bicycle traiiway system Trailways shall be constructed with full landscape and automatic sprinkler system 16 All streets shall be dedicated and improved within the boundaries of the tract 17 All pedestrian and vehicular access rights shall be dedicated to the City of Cypress for those lots abutting Orangewood Avenue and Valley View Street Ten foot (10') pedestrian walkway ease- ment shall be dedicated at the end of the cul de sac street to Orangewood Avenue 18 Ail eighty-four (84') streets shall be improved with sixty-four (64 ) foot of paving curb to curb Ali fifty-one (51') streets shall have forty feet (40') of paving curb to curb All forty- seven (47') foot streets shall have thirty-six (36') feet of paving curb to curb 19 Interior street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using T I of 5 for streets with forty feet (40') of paving and T I of 4 for streets thirty-six (36') of paving Engineering Division will determine structural section for Orangewood Avenue and Valley View Street per report from Orange County Road Depart- ment Materials Laboratory -2- Planning Commission Minutes June 15, 1972 20. Location of all street furniture shall be approved by the City Engineer 21 Water system shall be a circulating type 22 Blue border shall be to the centerline of Orangewood Avenue and Valley View Street 23. All secondary and primary utility services shall be underground except existing pole line on Orangewood 24. A six foot (6') high ornamental concrete block wall with planting inserts shall be constructed along the easterly right-of-way of Valley View Street. There also shall be a six foot (6') high ornamental concrete block wall constructed along the southerly right-of-way of Orangewood Avenue This wall to be lowered with pedestrian opening adjacent to the cul de sac street providing a planting area as approved by the City Engineer The planting inserts and planting area to be constructed with full landscape and automatic sprinkler system The walls shall be similar in texture and construction to adjoining walls along Valley View 25 Retaining walls shall be constructed where required by a one foot or more grade differential 26 Any required retaining walls shall have footings designed for an extension to an ultimate six feet (6') in height 27 Developer to pay optional design fees in the amount of 6% of the total value of the land, The funds obtained under optional design fees to be used for trailways or parks or median in the immediate vicinity 28 Plan check and inspection fees amounting to 31% of the public improvements shall be paid 29 Applicant shall meet Sec 25-53 of the Cypress City Code 30. Side yards of 3 feet may be permitted to allow one useable side yard and in no event shall two houses be closer than 13 feet (13') 31 Conditions, covenants, and restrictions shall read that no en- croachment shall be allowed in a ten foot (10') side yard where abutting a three foot (3') side yard 32. Typical street section as shown are not approved 33 A ten foot (10') wide pedestrian walkway, trailway and public utility easement shall be dedicated through Lot 29 This ease- ment shall also be constructed with a decorative concrete block wall and be constructed to the right-of-way line of Pitcairn Street The City will cooperate in obtaining an easement through Lot 39 of Tract 6877 This walkway shall be well lighted in accordance with the City Staff's recommendations and there shall be planting along at least one side of this walkway to relieve the monotony of it also in accordance with approval of the City Staff 34 The developer shall reimburse the City of Cypress for the costs of sanitary sewer in Orangewood Avenue, the sum of Seven Hundred Eighty -Nine Dollars and Seventy -Two cents ($789 72) per gross acre prior to acceptance of final tract map -3- Planning Commission Minutes June 15, 1972 35 Elevations shall be approved by the staff and shall be revised to include medium shake shingles 36 The tentative tract shall be revised to include 10 ft side yards on all lots and shall be appr3ved by the staff and shall not vary substantially from the tentative tract map marked exhibit "A" Prior to voting Commissioner Ricker stated that he feels the policy estab- lished by the Planning Commission regarding optional design is being violated by allowing this project to be devel:,ped under optional design He further stated that he feels the project should not be approved unless it is developed as standard lots and he also stated that he would be voting against the motion for approval Commissioner Warren stated that he felt by compromising they would gain more benefits for the future owners He further stated that he was in favor of the 10 ft side yards and he would be voting in favor of the motion Commissioner Evans stated that she felt the yard areas were very adequate and that these were very useable lots She further stated that she too was in favor of the motion The motion was then voted on The motion was carried with the following roll call vote. AYES• 2 COMMISSIONERS. Warren and Evans NOES. 1 COMMISSIONER. Ricker ABSENT: 1 COMMISSIONER: Sonju Classic Development Clarification The Commission then considered a clarification on the Brookside Apartments for Classic Development Company There was a brief discussion after which it was the consensus of the Planning Commission that there would be ground covering on all areas except the enclosed patio areas RECESS. Chairman Evans declared a recess of the Planning Commission at 6.00 p m until 7:30 p m CALL TO ORDER The meeting of the Cypress Planning Commission was called back to order at 7:35 p m in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker Sonju, Warren, Evans ABSENT. None Also present were Administrative Assistant Doug Dunlap Deputy City Attorney, Bud Fish, and Assistant City Engineer Ray Coakley ORAL COMMUNICATIONS. There were no oral communications at this time PUBLIC HEARINGS: CONTINUATION OF PUBLIC HEARING RE: AN AMENDMENT TO THE ZONING ORDINANCE NO 90, PROVIDING FOR THE PRESERVATION OF CERTAIN TREES The Chairman announced that this was the time and place to consider an amend- ment to the Zoning Ordinance No 90, the Zoning Ordinance of the City of Cypress, providing for the preservation of certain trees The Chairman de- clared the public hearing open and requested the staff to present its report Planning Commission Minutes June 15 1972 Mr Dunlap stated that the staff would request a continuation of this matter due to the fact that the requested changes had not yet been completed It was moved by Commissioner Warren, seconded by Commissioner Sonju and unan- imously carried to continue this matter to the July 6, 1972, meeting CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT NO C-206 -- HENRY J VERHOEVEN. The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets, in the City of Cypress, California, requested by Henry J Verhoeven The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap stated that the staff had requested additional information from the applicant and it had not been supplied to date He further stated that the staff would recommend a continuance to the July 20, 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to continue this matter to the July 20, 1972, meeting PUBLIC HEARING RE: HOME OCCUPATION PERMIT NO 232 -- JACKIE R VANDERMEER. The Chairman announced that this was the time and place to consider an appeal of a request for a home occupation permit to allow the applicant to use a portion of his home in connection with his occupation of selling and repairing lawn mowers, requested by Jackie R Vandermeer 9375 Walker Street Cypress Prior to the opening of the public hearing it was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to continue this item to the last item on the agenda. in order to allow the applicant time to be pre- sent CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE TO ALLOW FOR THE STORAGE OF RECREATIONAL VEHICLES AS A CONDITIONALLY PERMITTED USE The Chairman announced that consideration would be given to an amendment to the Zoning Ordinance to allow for the storage of recreational vehicles as a conditionally permitted use She requested the staff to present its report Mr. Dunlap stated that at this time it was the staff's recommendation that this matter be set for a public hearing It was moved by Commissioner Sonju seconded by Commissioner Ricker and unanimously carried to set this matter for a public hearing at the staff's discretion MINUTES: May 18, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to reconsider the minutes of May 18, 1972 The following correction was requested by Commissioner Sonju on Page 6, Paragraph 2• She stated that she did not agree with adopting the Focus 2000, it did not contain mention of the zoo the trailways, the retarding basin and many other items that are presently being considered Commissioner Sonju also stated for the record that she wanted the following comments regarding the Focus 2000 added to the minutes of May 18 1972: -5- Planning Commission Minutes June 15, 1972 She further stated it was the consensus of the Planning Commission that the Focus 2000 be adopted as a temporary measure to satisfy State requirements Because the Focus 2000 report is the result of a study only two years old and because it is presented in such a manner, calling out specific areas and recreational pursuits and a budget for develop- ment of these items, she felt that, if adopted, there was a danger of it being accepted as an up to date recreation element Being no further corrections or additions, it was moved by Commissioner Sonju seconded by Commissioner Warren and unanimously carried to approve the minutes of May 18 1972 as corrected Resolution No 587 In regards to Resolution No 587 Commissioner Sonju stated that she would like to make a clarification on the resolution in order to further add her personal comments It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to approve a clarification to Resolution No 587 with the following changes. WHEREAS, Commissioner Sonju stated that she felt very strongly about this issue and she would not adopt the Focus 2000 as a recrea- tion element of the City of Cypress as it did not contain mention of the zoo, the trailways, the retarding basin, and many other items that are presently being considered She further stated it was the consen- sus of the Planning Commission that the Focus 2000 be adopted as a temporary measure to satisfy State requirements Because the Focus 2000 report is the result of a study only two years old and because it is presented in such a manner, calling out specific areas and recreational pursuits and a budget for development of these items, she felt that, if adopted there was a danger of it being accepted as an up to date recreation element PUBLIC HEARING RE. HOME OCCUPATION PERMIT NO 232 -- JACKIE R VANDERMEER. The Chairman announced that this was the time and place to consider an appeal of a request for a home occupation permit to allow the applicant to use a portion of his home in connection with his occupation of selling and repairing lawnmowers requested by Jackie R Vandermeer Mr Dunlap presented Planning Staff Report PC#72-40 for the Commission's consideration Mr Dunlap stated that there had been no communications received either in favor or against The Chairman asked if there was anyone wishing to speak in favor of the application Mrs Jackie Vandermeer, 9375 Walker Street, Cypress addressed the Commission and stated that they have been operating a lawnmower repair and sales business for approximately five (5) years She further stated that they have tried to comply with all City requirements in the operation of their business She further stated that they repaired old and new lawn- mowers and also they sold new and used mowers She stated that they had not had any complaints from any of the neighbors and in fact they had brought a petition with them from their neighbors stating that they were not opposed to the lawnmower business being conducted She stated that it was financially impossible for them to move to a different location at this time There was then a lengthy discussion regarding the following items: the sign on the garage that could be seen from the street, the lawnmowers that could be seen from Wicker Street, the storage of the lawnmowers so that they were not visible from the street, the fact that this operation is not in the pro- per and permitted zone, and the possible fire hazard After the discussion with the applicant, the Chairman asked if there was anyone else wishing to speak in favor of the request There was no one The Chairman then asked if there was anyone wishing to speak against the application There was no one Being no further discussion the Chairman declared the public hearing closed -6- Planning Commission Minutes June 15 1972 Commissioner Ricker stated that although, this business did not comply with provisions of the Home Occupation Criteria of the City, he believed that the applicant had made an honest effort to adhere to the requirements He further stated that he felt it would behoove the Planning Commission to give this applicant some favorable consideration It was moved by Commissioner Ricker and seconded by Commissioner Sonju to approve Home Occupation Permit No 232 subject to the following conditions. 1 Home Occupation Permit No 232 will be granted for a one-year period only and may not be renewed 2 The storage of all lawnmowers and equipment shall be removed from sight of Wicker Street 3 No employment or help other than members of the immediate family for this interim period 4 No signs shall be permitted After brief discussion, it was moved by Commissioner Sonju and seconded by Commissioner Ricker to amend the original motion to include the following changes and additions to the conditions 1 Home Occupation Permit No 232 will be granted for a one-year period only and may not be renewed and during that period of time the applicant will relocate to a commercial zone 5 Remove the hazard of the gasoline to the satisfaction of the Building Department 6 Applicant shall obtain a business license The amendment was then voted on The motion was carried with the following roll call vote: AYES. 3 COMMISSIONERS. Ricker, Sonju, Evans NOES: 1 COMMISSIONER: Warren Prior to voting on the original motion it was stated by Commissioner Evans that although she was sympathetic to the applicant's problem she felt she had a responsibility as a Planning Commissioner to uphold the regulations of the Zoning Ordinance She further stated that any decision she would make could not be based purely on emotion In all fairness she stated that this did not comply with the Home Occupation Criteria and she would be voting against the motion for approval Commissioner Ricker stated that he thought all of the Commissioners felt basically the same way as Commissioner Evans but he also stated that in this case they are still upholding the ordinance but they are going about it in such a manner to not cause any undue hardship on the applicant He further stated that he felt there were extenuating circumstances involved Commissioner Sonju stated that she agreed with Commissioner Ricker and she feels that all of the Commissioners would like to see this use discontinued in this particular zone She further stated that if it was only a matter of reading the Code and following it then there would be no need for a Planning Commission She felt that one of the purposes of the Planning Commission was to interpret the Code Commissioner Warren stated that he was in agreement with several of the comments that were made and that he was also in favor of the motion He stated that he would like to give the applicant a fair length of time to correct the situation -7- Planning Commission Minutes June 15, 1972 Commissioner Evans stated for the record that she understood that the Commission was not dealing with a nonconforming use The original motion was then voted on The motion was carried with the following roll call vote: AYES• 3 COMMISSIONERS• Ricker, Sonju, Warren NOES 1 COMMISSIONER Evans REPORTS OF OFFICERS AND COMMISSIONERS: Commissioner Warren stated for the record that his personal recommendation was that some funds be set forth in the budget for the coming year to at least start to develop the empty properties that have already been dedicated for park purposes Miscellaneous There was general discussion regarding each of the following items. recrea- tional vehicles, the budget, gas taxes, proposed projects from the Engineering Division left turn signal on Valley View and Lincoln, cul de sac on Graham Street, and the bicycle trailways committee Commissioner Warren requested that a traffic study should be taken into con- sideration in regards to the impact of traffic on Myra Street near Denni ADJOURNMENT. Being no further discussion at this time, the Chairman declared the meeting adjourned at 9.02 p m until the next regular meeting on July 6, 1972, at 4.00 p m (1 CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETAR OF THE P ING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD July 6, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.22 p m on Thursday, July 6, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker Sonju Evans ABSENT Commissioner Warren Also present were City Manager/City Clerk, Secretary of the Planning Commission Darrell Essex Administrative Assistant, Doug Dunlap, and Assistant City Engineer, Ray Coakley MINUTES June 1, 1972 Commissioner Evans requested that the tapes be checked regarding the inclusion of a permit fee on Page 5 of the Landmark Tree Ordinance. It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to approve the minutes of June 1, 1972 as corrected June 15, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to continue the minutes of June 15, 1972, until the evening session TENTATIVE TRACT 7793 The Chairman stated that the Commission would consider tentative Tract 7793 which was continued from the last meeting Mr Dunlap stated that the staff was awaiting a call from the City Attorney relative to a legal clarification concerning voting on the tentative tract and he suggested that the Commission take item X12 out of order It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to take item X12 out of order and continue the consideration of item 411 after X12 TENTATIVE TRACT 7346 The Chairman stated that now there would be a discussion regarding Tentative Tract No 7346, a standard lot subdivision She requested the staff to pre- sent its report Mr Dunlap presented Planning Staff Report PC#72-45 for the Commission's consideration The Chairman asked if the applicant was present and if he wished to speak Mr Paul Bruckner, 217 S Violet Lane, Orange, addressed the Commission and stated that they had read the 11 conditions and they were in agreement with them There was brief discussion regarding the conditions, the owner of the property, and the arrangement of the houses on the lots There was a lengthy discussion regarding the house to be built on the corner and whether or not it would have a wall surrounding it Mr Bruckner stated that construction would commence in approximately 45 to 60 days -1- Planning Commission Minutes July 6, 1972 It was moved by Commissioner Ricker and seconded by Commissioner Sonju to recommend approval of Tentative Tract No 7346 to the City Council subject to the following conditions 1 A Division of land map shall be filed or the church property shall be included as a lot in the tract 2 Drainage from adjacent properties shall be resolved to the satisfaction of the City Engineer including a hydrologic study of the area, and drainage easements shall be dedicated to the City as requested 3 Street trees (15 gal ) shall be provided on Grindlay Street, Evergreen Street and Evergreen Drive in accordance with the street tree policy This will require thirty-five (35) trees 4 All secondary and primary utility services shall be underground 5 Evergreen Street and Evergreen Drive shall be capped full width with a minimum of 1" A C pavement after utility cuts are completed 6 All lots shall drain to the front with a minimum of 1% grade 7 Plan check and inspection fees amounting to 3�% of the street improvements shall be paid Developer shall obtain a no fee excavation permit from the City of Cypress 8 Developer shall core and saddle sewer line for house connections to the satisfaction of the City Engineer 9 Driveway to Lot 3 shall be located on the East side of the lot and the driveway to Lot 8 shall be located on the south side of the lot or the wall on the north side setback 15 feet with driveway on north side 10. A six foot (6') high concrete block wall shall be constructed along the East boundary of Lots 1 6 7 and 8 and the northerly 25' feet of Lot 5, along the north boundary of Lots 1, 2, and 3 and the type and design shall be approved by the staff 11 On Lot 3 the foundation shall be designed on a 45° angle from bottom to pipe The motion was carried with the following roll call vote. AYES 3 COMMISSIONERS Ricker, Sonju, Evans NOES: 0 COMMISSIONERS: None ABSENT. 1 COMMISSIONER. Warren TENTATIVE TRACT 7793 Chairman Evans stated that the Commission would now proceed with the considera- tion of Tentative Tract 7793 She requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-41 for the Commission's consid- eration Prior to discussion on the tentative tract Commissioner Sonju stated that she would be abstaining from the discussion regarding this matter She also left her chair and the immediate area as she was informed she should do Commissioner Evans stated as a point of clarification that it would take a majority vote which would be aye votes by both Commissioner Ricker and her- self in order to have this tentative tract approved -2- Planning Commission Minutes July 6, 1972 Mr George Putnam 1227 Berry Avenue West Los Angeles, addressed the Commis- sion and stated that there was a major revision in the tract map, consisting of an extensive change in the area for the patio homes He further stated that they have increased the typical lot size for the patio homes He stated that the patio homes would cost up to $50 000 and the townhouses would cost up to $40,000 He also stated that the entryways into the project had been increased There was then a lengthy discussion regarding the conditions and several changes were made Being no further discussion on the tentative tract, Chairman Evans asked for a motion It was moved by Commissioner Ricker and seconded by Commissioner Evans to recommend approval of Tentative Tract No 7793 to the City Council subject to the following conditions. 1 Developer shall conform to all applicable provisions of the City Code 2 Landscape plans for the common green areas shall be prepared by a registered landscape architect and approved by the Plan- ning Commission 3 Location of tot lots, play equipment, passive areas and other facilities in common green areas shall be subject to staff approval 4 C C & R 's shall be subject to approval of staff and City Attorney 5 All open off-street parking spaces shall be designated for guest parking 6 The walls separating the individually owned units must be two separately constructed one hour fire walls Also, the wall construction separating these living units shall provide a sound transmission class (STC) of at least 45 Test for STC shall conform with ASTM E90 -61T 7 Drainage fees shall be paid in accordance with Master Plan of Drainage 8 Drainage shall be solved to the satisfaction of the City Engineer 9 Drainage easements shall be dedicated to the City as required 10 Street lights shall be installed per City Standards 11 Advance street light energy charges shall be paid 12 Tree planting and landscaping on arterial and interior streets shall be to the satisfaction of the staff City street tree policy shall be used as a guide 13 A cash deposit of five hundred dollars ($500 00) shall be posted with the City of Cypress to cover the testing of a qualified agricultural laboratory to determine the organic and chemical amendments required for optimum growth in planting trees 14 Minimum street grade shall be 0 20% except in the event that dirt is required to be imported. 15 Alley grades shall be to the satisfaction of the City Engineer -3- Planning Commission Minutes July 6, 1972 16. Minimum curb radius on streets shall be twenty-five (25') feet and all property and alley radii shall be fifteen feet (15') 17 Cul de Sac radius' shall be to the satisfaction of the City Engineer 18. Hammerhead and angle beween hammerhead and centerline of alley shall be subject to approval of City Engineer. The hammerhead at the end of G -G Alley (Avenue) shall be revised to the satis- faction of the City Engineer 19. Orangewood Avenue, Holder Street and Knott Street shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways 20 No building permits shall be issued until the conditional use permit is modified 21 The developer shall dedicate a fifteen foot (15') strip of land between the South boundary of the Stanton Storm Channel and the North boundary line of the development to the City of Cypress and area shall be developed in accordance with the Standards estab- lished by the City staff for a Bicycle Trailway System 22 The developer shall dedicate an additional eight foot (8') easement on Orangewood Avenue, Holder Street, and Knott Avenue for trailways and develop in accordance with the standards established by the City staff for a Bicycle Trailway System 23. All vehicular access rights shall be dedicated to the City of Cypress for Orangewood Avenue, Holder Street and Knott Streets and all vehicular and pedestrian access right shall be dedicated to the City of Cypress for that fifteen foot (15') strip North of the northerly boundary line 24 Street sections shall be established by the City Engineer All alleys shall be twenty-six (26') feet minimum width 25 Interior street structural sections to be based on recommendations and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using T I of 5 for streets with forty feet (40') of paving Cul de Sac street shall be designed with a T I of 4 City Engineering Divi- sion will determine structural section for Orangewood Avenue, Holder Street and Knott Avenue per report from Orange County Road Depart- ment Materials Laboratory. Alley sections shall be per City stand- ards 26 There shall be five foot (5') walkway, parkway and public utility easement adjacent to curbs on all streets 27 Adequate walkways shall be provided to allow pedestrian travel from one area to another without crossing directly into parking areas Master Plan of Walkways shall be submitted for approval by the staff 28. All streets shall be dedicated and improved within the boundaries of the development 29 Location of all street furniture shall be approved by the City Engineer 30 Water system shall be a circulating type 31 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards -4- Planning Commission Minutes July 6, 1972 32 All secondary and primary utility services shall be underground 33 Electrical and telephone cable runs shall be located adjacent to alleys Transformers for electrical service and distribution points for telephone service shall be located in common green areas Common trenches shall be used for TV, electrical and telephone cables 34 Installation of cable TV shall be subject to any City ordinances or regulations which are in effect at time of recordation of each Final Map 35 A six foot (6') high ornamental concrete block wall shall be con- structed or a cash deposit submitted along the southerly boundary line of Lot "L" on the northerly side of the project. No fences shall be constructed along Orangewood, Holder, or Knott Avenue All fences constructed at the entryways to the project along the side yards shall be approved by the Planning Staff. 36 Plan check and inspection fees amounting to 31% of the public improvement shall be paid 37. Sewer manholes shall not be located in green belt areas 38 A Master Plan of Sewers, Storm Drains, and Street Grades shall be submitted for approval. Master Plan shall also show phasing and boundaries of units with schedule for major street improve- ments for Holder, Knott and Orangewood Avenues for approval by the staff 39 Developer shall maintain all City sewers downstream of the area being developed within the holdings of the Woodbine Corporation until accepted by the City Plan for guarantee of sewer mainten- ance and emergency service shall be submitted to City Engineer for approval prior to recordation of first Final Map 40 Maximum length of dead end alleys without full hammerheads shall be one -hundred fifty feet (150') Location of garages on end of dead end alleys shall be subject to the approval of the City Engineer 41 Garages on corner lots shall be located on lots so as to provide maximum sight distance for traffic 42 Developer shall contribute the cash equivalent of the value of two (2) acres of the property in question for the acquisition of future park sites 43. If the Tentative Tract is developed by units, each unit shall have storm water controlled by facilities to the satisfaction of the City Engineer 44 Developer shall submit bonds guaranteeing improvement of Orange- wood Avenue within 2 years after recordation of first final map 45 Clearance between townhouse buildings shall be ten feet (10') 46 The following information shall be submitted at the same time as the conditional use permit modification a Location of buildings upon each lot, square footage, height and size of buildings b Lot dimensions c All elevations indicating type of construction and materials to be used -5- Planning Commission Minutes July 6, 1972 d Show percentages of building coverages and open space 47 Area and alley lighting plans shall be coordinated with Engineering Division street lighting plans prior to submittal 48. Parking recreational vehicles and boats shall be controlled by C C & R 's 49 Where a block wall abuts a parking area, curbs shall be installed three feet (3') from face of wall 50 There shall be a minimum of two and one half (22) parking spaces per unit exclusive of spaces on 41' streets or wider 51 The entrance street at Knott Avenue shall have a minimum of twenty feet (20') per lane 52 Street No 1 between end of "B and C -C shall incorporate landscaping and walkway subject to approval of City Staff 53 Details of the street sections shall be approved by the City Engineer The motion was carried with the following roll call vote. AYES: 2 COMMISSIONERS: Ricker and Evans NOES• 0 COMMISSIONERS None ABSENT 1 COMMISSIONER. Warren ABSTAIN: 1 COMMISSIONER: Sonju Continuation of Items #4 and #5 It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to continue items #4 and #5 to the evening session Midas Muffler, Landscape Review It was the consensus of the Commission that they would review the landscape plans for Midas Muffler in the conference room The Planning Commission reviewed the landscape plans and then there was dis- cussion regarding the following items* the brick wall along the front, ground cover, and the drainage Being no further discussion it was moved by Commissioner Sonju seconded by Commissioner Ricker and unanimously carried to approve the landscape plans subject to the following revision. 1. Hemerocallis Aurantiaca must be a rapid spreading type plant or must be surrounded with a permanent type ground cover if it is not RECESS: Chairman Evans declared a recess of the Planning Commission at 6:07 p m until 7 30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7.48 p m , in the Cypress City Council Chambers 5275 Orange Avenue Cypress, California, Chairman Evans presiding PRESENT. Commissioners Ricker, Sonju Evans ABSENT: Commissioner Warren -6- Planning Commission Minutes July 6, 1972 Also present were Administrative Assistant, Doug Dunlap, Deputy City Attorney Bud Fish, and Assistant City Engineer Ray Coakley ORAL COMMUNICATIONS: There were no oral communications at this time MINUTES June 15, 1972 Commissioner Sonju requested that the following correction be made on Page 6, Paragraph 1• She further stated it was the consensus of the Planning Commission that the Focus 2000 be adopted as a temporary measure to satisfy State requirements Because the Focus 2000 report is the result of a study only two years old and because it is presented in such a manner, calling out specific areas and recreational pursuits and a budget for develop- ment of these items, she felt that, if adopted, there was a danger of it being accepted as an up to date recreation element Commissioner Sonju also requested the following correction to be made on Page 6 Paragraph 4 WHEREAS Commissioner Sonju stated that she felt very strongly about this issue and she would not adopt the Focus 2000 as a recrea- tion element of the City of Cypress, as it did not contain mention of the zoo, the trailways, the retarding basin and many other items that are presently being considered She further stated it was the consen- sus of the Planning Commission that the Focus 2000 be adopted as a temporary measure to satisfy State requirements Because the Focus 2000 report is the result of a study only two years old and because it is presented in such a manner, calling out specific areas and recreational pursuits and a budget for development of these items, she felt that, if adopted, there was a danger of it being accepted as an up to date recreation element Being no further corrections or additions, it was moved by Commissioner Ricker seconded by Commissioner Sonju and unanimously carried to approve the minutes of June 15, 1972, as corrected Extension on Conditional Use Permit No C-262 (Sykes and Marcusson): It was moved by Commissioner Sonju seconded by Commissioner Ricker and unanimously carried to place item number #6 on the agenda regarding the extension of Conditional Use Permit No C-262 (Sykes and Marcusson) Petition for initiation of a zone change from R-3 to RE on Acacia Drive: The Chairman stated that there would be a discussion regarding a petition for initiation of a zone change from R-3 to RE on Acacia Drive The Chairman re- quested the staff to present its report Mr. Dunlap presented Planning Staff Report PC#72-47 for the Commission's consideration Mr Dunlap also stated that he had received a petition with approximately eighteen (18) signatures in opposition to the initiation of a new zone change in that area He stated that he had copies available if the Commission wished to see the new petition Mr C Vander Dussen, 7492 Moody, La Palma, addressed the Commission and stated that he was representing three different parties who had signed the petition in opposition to the initiation for a new zone change He stated that they were opposed to the initiation for a change of zone and they felt the change was unwarranted There was a brief discussion in regards to placing a freeze on the property until further study could be made but this idea was rejected after further discussion -7- Planning Commission Minutes July 6, 1972 It was moved by Commissioner Sonju and seconded by Commissioner Evans to recommend to the City Council initiation of a zone change from R-3 (Mul- tiple -Family Residential) to RE (Residential Estate) in the entire Acacia Drive area (including lots fronting on Crescent Avenue) Commissioner Ricker stated that he felt the Commission should take into consideration the fact that there were more people opposed to the initia- tion of a new zone than there were people in favor of it He further stated that it might cause a financial hardship on some property owners if the Planning Commission were to change the zone He stated that he is generally in favor of this type of a zone classification but he stated that the Commis- sion should consider the wants and desires of the immediate property owners and he feels the majority of the owners are opposed to this measure He stated that for these reasons he would be opposed to the initiation of a new zone in the Acacia Drive area Commissioner Sonju stated that she feels Acacia Drive is an ideal location for the Residential Estate Zone that the City Council has established She further stated that she feels the time for property owners to make their feelings known on this matter is at a public hearing for the zone change not at the initiation of the zone change Commissioner Evans stated that she too felt that this was the proper location for the R -E (Residential Estate) Zone She also stated that she would like the opportunity to make the determination of whether or not a zone change should take place on this particular property The motion was then voted on The motion was carried with the following roll call vote: AYES 2 COMMISSIONERS Sonju and Evans NOES. 1 COMMISSIONER Ricker ABSENT: 1 COMMISSIONER. Warren It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to take item #6 out of order before the consideration of item #5 Extension of Conditional Use Permit No. C-262 (Sykes and Marcusson): The Chairman stated that there would be a discussion regarding an extension on Conditional Use Permit No C-262 (Sykes and Marcusson) She requested the staff to present its report Mr Dunlap stated that the City had received a written communication dated July 3, 1972, requesting an extension of Conditional Use Permit No C-262 due to financing problems Mr Al Sykes, 9839 Via Sonoma, Cypress, addressed the Commission and explained the financing hardship that the Company had encountered He further stated that the development was now ready to proceed He stated that he felt the project was a good one when the Conditional Use Permit was issued and he still felt it would be a good project for the area and he therefore requested an extension There was brief discussion regarding this matter by the Commission and the possibility of extending the permit for only 90 days It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to grant a period of 180 days extension for Conditional Use Permit No C-262 Environmental Impact Statement (Negative Declaration) The Chairman stated that there would be a discussion regarding an Environmental Impact Statement presented by the Engineering Department Mr Coakley presented a report regarding this matter for the Commission's consideration -8- Planning Commission Minutes July 6 1972 It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to adopt Resolution No 588 declaring that the City has com- plied with Section 65402 of the California Government Code and Section 21151 of the California Public Resources Code in the Valley View Street construction project AHFP 46632, City Project 467202-10 PUBLIC HEARINGS: CONTINUATION OF PUBLIC HEARING RE AMENDMENT TO THE ZONING ORDINANCE PROVIDING FOR THE PRESERVATION OF CERTAIN TREES. The Chairman announced that this was the time and place to consider an amend- ment to the Zoning Ordinance No 90, the Zoning Ordinance of the City of Cypress, providing for the preservation of certain trees The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-43 for the Commission's considera- tion There was brief discussion regarding Section 125-A 8 of the proposed ordinance regarding the Landmark Trees Mr Dunlap stated that the team had reviewed this ordinance in depth and they did recommend approval It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to adopt a resolution recommending approval to the City Council of the ordinance regarding Landmark Trees PUBLIC HEARING RE AMENDMENT TO THE ZONING ORDINANCE TO ALLOW FOR THE STORAGE OF RECREATIONAL VEHICLES AS A CONDITIONALLY PERMITTED USE: The Chairman announced that this was the time and place to consider an amend- ment to Zoning Ordinance No 90 to allow for the storage of recreational vehicles as a conditionally permitted use The Chairman declared the public hearing open and requested the staff to present its report Mr. Dunlap presented Planning Staff Report PC#72-44 for the Commission's consideration The Chairman asked if there was anyone wishing to speak either in favor or against the proposed amendment Mr Alan Roa 4891 Cerritos Avenue Cypress addressed the Commission and stated that he would be in favor of having stor- age yards of this type in the City of Cypress There was a brief discussion regarding the addition of performance standards such as those submitted along with trailer parks It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to continue the consideration of this amendment in order to have a study session at the afternoon session of the July 20, 1972, meeting to arrive at some performance standards that could be added to the proposed amendment PUBLIC HEARING RE. AMENDMENT TO THE ZONING ORDINANCE REGARDING APPEALS OF PLANNING COMMISSION ACTIONS TO THE CITY COUNCIL: The Chairman announced that this was the time and place to consider an amend- ment to the Zoning Ordinance of the City of Cypress regarding appeals of Planning Commission actions to the City Council The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-46 for the Commission's consideration The Chairman asked if there was anyone wishing to speak in favor or against the proposed amendment There was no one Commissioner Evans stated that she felt the majority of the Council should appeal any decision of the Planning Commission if there was in fact a majority and not just an individual Councilman She stated however if an individual Councilman did appeal any decision by the Planning Commission that this indivi- dual should be subject to paying the fee She stated that by appealing as an -9- Planning Commission Minutes July 6 1972 individual she felt they were acting as a member of the community and that they should be subject to the fee Commissioner Ricker stated that if the amendment were adopted, he felt that if an individual Councilman did appeal a decision by the Planning Commission that they were merely exercising one of their rights as a Councilman and they should not be subject to the fee There was discussion on how items were placed on the City Council agenda and whether or not a majority was needed There was also considerable discussion in regards to the fact that it is currently permissible for an individual council member to request an appeal of any Commission action as an addition to its meeting agenda subject to the majority approval Commissioner Ricker stated that after further looking at the ordinance he doesn't see any real necessity for an individual Councilman to have the right to appeal a decision by the Planning Commission It was moved by Commissioner Ricker seconded by Commissioner Sonju and unan- imously carried that the Planning Commission adopt a resolution recommending to the City Council that they not adopt this proposed change to the ordinance with the understanding that such change would tend to militate against the prestige and stature of Planning Commission decisions It was also the consensus of the Planning Commission that they review the reso- lution regarding this matter prior to being sent to the City Council RECESS. Chairman Evans declared a recess at 9.06 p m The meeting was called back to order at 9.12 p m with the following Commissioners present. PRESENT. Commissioners Ricker, Sonju, Evans ABSENT. Commissioner Warren Miscellaneous There was brief discussion regarding Senate Bill #437 and also minimum standards for street lighting ADJOURNMENT: Being no further business at this time, the Chairman declared the meeting ad- journed at 9:20 p m until the July 20, 1972, meeting at 4 00 p m ATTEST: SECRET OF T PLANNI COMMISSION CHAIRMAN OF THE PLANNING COMMISSION -10- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD July 20, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.11 p m on Thursday, July 20, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT- Commissioners Ricker, Warren, Evans ABSENT. Commissioner Sonju Also present were Administrative Assistant, Douglas Dunlap and Field Services Director/Building Superintendent, Tom Nudson MINUTES: July 6, 1972 Commissioner Warren stated that he had listened to the tapes of the July 6, 1972, meeting and therefore he would be participating in the continued matters before the Commission Commissioner Ricker requested the following change on Page 10 Paragraph 4: It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried that the Planning Commission adopt a resolution rec- ommending to the City Council that they not adopt this proposed change to the ordinance with the understanding that such change would tend to miti- gate against the prestige and stature of the Planning Commission action It was moved by Commissioner Ricker and seconded by Commissioner Evans to approve the minutes of July 6, 1972, as corrected The motion was carried with the following roll call vote. AYES: 2 COMMISSIONERS: Ricker and Evans NOES• 0 COMMISSIONERS• None ABSTAIN. 1 COMMISSIONER. Warren Landscape Review, Peter Giovannoni, 9701 Graham, Conditional Use Permit No. C-256: The Chairman stated that there would be a discussion regarding the landscape review on Conditional Use Permit No. C-256, Peter Giovannoni Mr Dunlap presented Planning Staff Report PC#72-49 for the Commission's consideration It was the consensus of the Commission that they would review the landscape plans in the conference room Mr John Shennafield, landscape contractor, representing Mr Ed Mosely, architect for the project, was present to answer any questions from the Planning Commission There was lengthy discussion on the following items• suitable ground covering for the project, trash areas, the automatic sprinkling system, and the desig- nated places for the trees It was moved by Commissioner Ricker, seconded by Commissioner Warren and unan- imously carried to approve the landscape plans subject to the following revisions. 1 Landscape plans approved as submitted with the addition of trees in various locations as per Exhibit "A" Details of types of trees to be arranged by the landscape architect and the City Staff 2 Plans of automatic sprinkling system to be submitted and reviewed as per Exhibit "A" to be approved by the landscape architect and staff -1- Planning Commission Minutes July 20, 1972 Being no further business to take care of in the conference room the Planning Commission reconvened in the Council Chambers for the remainder of the meeting It was moved by Commissioner Warren, seconded by Commissioner Ricker and unan- imously carried to place on the agenda a clarification of landscape plans on the J G Shabough commercial building Mr Dunlap stated that Mr Welty, contractor on the Shabough project, was pre- sent and wished to get a clarification Mr Marshall Welty, associated with Olson Construction, Orange addressed the Commission and stated that he would like a clarification regarding the lawn covering and also the use of redwood headers There was a brief discussion regarding a concrete curb as opposed to a redwood header, the type of lawn covering that would be used, and possibly the addition of junipers instead of lawn covering After discussion it was the consensus of the Commission that the following revisions be made. 1 Juniper would be a suitable substitute for the lawn area 2 Concrete curb should be installed on all planting areas as specified in the planter adjoining the building Planning Co«uitission Study Session -- Recreational Vehicle Storage Areas The Chairman stated that the Commission would now conduct a study session in regards to the storage of recreational vehicles in the City of Cypress Mr Dunlap presented Planning Staff Report PC#72-48 for the Commission's considera- tion There was a lengthy discussion by the Commission regarding a proposed policy statement presented to them by Mr Dunlap and Mr Nudson The proposed policy statement was reviewed and suggestions were made for various changes to the policy There was discussion regarding vandalism in the storage areas, any sales on the premises, adequate spacing between the stored vehicles, entrances by emergency vehicles, and the various locations for these particular storage areas in the City RECESS Chairman Evans declared a recess of the Planning Commission at 6.08 p m until 7 30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7.35 p m in the Cypress City Council Chambers 5275 Orange Avenue, Cypress California Chairman Evans presiding PRESENT. Commissioners Ricker, Sonju, Warren, Evans ABSENT: None Also present were Administrative Assistant, Doug Dunlap and City Attorney, Jim Erickson ORAL COMMUNICATIONS: There were no oral communications at this time -2- Planning Commission Minutes July 20, 1972 It was moved by Commissioner Warren, seconded by Commissioner Sonju and unan- imously carried to place items #3 and #4 on the agenda Item #3 being the con- sideration of an extension on Conditional Use Permit No C-233 and Variance No V-288 Item #4 being consideration on the Pizza Hut Development on Ball Road and Holder Street PUBLIC HEARINGS. CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT NO C-206 -- HENRY J VERHOEVEN. The Chairman announced that this was the time and place to consider an applica- tion for a conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets, in the City of Cypress California requested by Henry J Verhoeven, and known as Modification No 2 of Conditional Use Permit No C-206 The Chair- man declared the public hearing open and requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-50 for the Commission's con- sideration Mr Dunlap's report reflected that it was the staff's recommenda- tion that this matter be continued It was moved by Commissioner Sonju seconded by Commissioner Ricker and unan- imously carried to continue this matter to the August 3, 1972, meeting CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE TO ALLOW RECREATIONAL VEHICLES AS A CONDITIONALLY PERMITTED USE The Chairman announced that this was the time and place to consider an amend- ment to Zoning Ordinance No 90 to allow for the storage of recreational vehicles as a conditionally permitted use The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap stated that there was no further report from the afternoon session The Chairman asked if there was anyone wishing to speak either in favor or against the proposed amendment Mr A E Peterson, 4871 Orange Avenue, Cypress, and Mr Alan Roa, 4891 Cerritos Avenue, Cypress, addressed the Commission and both men stated that they were in favor of the need in the City of Cypress for recreational storage vehicle areas It was moved by Commissioner Ricker, seconded by Commissioner Warren and unan- imously carried to adopt a resolution recommending to the City Council that Section 120 2, Recreational Vehicle Storage Areas, be added to the City Code as a conditionally permitted use in any zone Policy Statement It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to put the discussion of the policy statement on the agenda at this time It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to forward to the City Council the adoption of the following statement as policy upon the ordinance becoming effective* CYPRESS PLANNING COMMISSION STATEMENT OF POLICY ON RECREATIONAL VEHICLE STORAGE AREAS The Cypress Planning Commission hereby establishes, as a matter of policy, min- imum standards to be imposed on properties to be developed as recreational vehicle storage areas These standards are established as follows* -3- Planning Commission Minutes July 20, 1972 1 There shall be a concrete paved drive, minimum 10 ft wide with a depth of at least 40 ft from curb line to the entrance of the storage area 2 Storage area shall be completely screened with a solid 6 ft high screen- ing device, subject to the approval of the staff 3 There shall be at least one access to a City street from the storage area with a minimum width of 15 ft with adequate provision for entrance by emergency vehicles 4 Storage area lighting shall be installed to the satisfaction of the Field Services Department 5 Drainage shall be solved to the satisfaction of the City Engineer 6 The conditional use permit shall be reviewed each year by the Plan- ning Director 7 There shall be a dumping station provided, the design and location of which must be approved by the staff 8 Landscaping shall be provided subject to the approval of the Planning Commission The applicant shall submit landscaping plans for site development approval at the time the Conditional Use Permit is filed 9 A minimum of four inch gravel surface over prepared base must be installed to the satisfaction of the Field Services Department 10 There shall be no sales of Liquid Petroleum Gas on the premises 11 If located in any R zone, owner or manager must reside on the property 12 Recreational vehicles shall not be used for sleeping or living purposes while in storage. 13 A minimum of three (3') feet spacing must be maintained between the stored vehicles for access by the Fire Department 14 Adequate portable fire extinguishers shall be provided in convenient locations in accordance with Fire Department requirements 15 All recreational vehicles stored shall be operable and have a current motor vehicle license Consideration of an extension on Conditional Use Permit No C-233 and Variance No V-288 The Chairman stated that there would be a discussion on the consideration of an extension on Conditional Use Permit No C-233 and Variance No V-288 Mr Dunlap presented Planning Staff Report PC#72-51 for the Commission's considera- tion Mr Robert Sanregret addressed the Commission and stated that he was an associate of Mr Slatton, who was requesting the extension, and that Mr Slatton would be arriving shortly and if the Commission had any questions he would be happy to answer them There was discussion regarding the number of parking spaces, the previous plans that had been approved, and also discussion on continuation It was moved by Commissioner Sonju seconded by Commissioner Warren and unan- imously carried to continue the consideration of an extension on Conditional Use Permit No C-233 and Variance No V-288 until the August 3, 1972, meeting at 4.00 p m The purpose of the continuation is to give the Planning Commission an opportunity to review the originally approved plans -4- Planning Commission Minutes Consideration of the Pizza Hut Development July 20 1972 The Chairman stated that the Commission would consider the ground covering of the Pizza Hut Development on Ball Road and Holder Street Mr Dunlap presented Planning Staff Report PC#72-52 for the Commission's consideration There was discussion by the Commission on a permanent type ground cover and whether or not the white rock was considered permanent Commissioner Sonju stated that she felt the white rock was unsatisfactory and she did not consider it permanent Commissioners Warren and Evans also stated that they felt the white rock was not a permanent type of ground cover and they would be in favor of changing it It was moved by Commissioner Sonju and seconded by Commissioner Warren to take the appropriate action to enforce condition #1 as imposed at the time of archi- tectural review Condition #1 reads as follows. 1 Permanent ground cover between the junipers shall be provided There was a brief discussion regarding serving alcoholic beverages at the Pizza Hut The motion was carried with the following roll call vote. TO WIT MINUTES: July 6, 1972 ALL AYES It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to reopen the consideration of the approved minutes of July 6 1972 It was requested by Commissioner Sonju that the following addition be made on Page 2, Paragraph 5. Prior to discussion on the tentative tract Commissioner Sonju stated that she would be abstaining from the discussion regarding this matter She also left her chair and the immediate area as she was informed she should do The following change on Page 8, Paragraph 3. Commissioner Sonju stated that she feels Acacia Drive is an ideal loca- tion for the Residential Estate Zone that the City Council has established She further stated that she feels the time for property owners to make their feelings known on this matter is at a public hearing for the zone change not at the initiation of the zone change The following addition on Page 10, Paragraph 2: There was discussion on how items were placed on the City Council agenda and whether or not a majority was needed There was also considerable discussion in regards to the fact that it is currently permissible for an individual councilman member to request an appeal of any Commission action as an addition to its meeting agenda subject to the majority approval Being no further corrections or additions it was moved by Commissioner Ricker and seconded by Commissioner Sonju to approve the minutes of July 6, 1972, as corrected -5- Planning Commission Minutes July 20, 1972 The motion was carried with the following roll call vote AYES 3 COMMISSIONERS• Ricker Sonju Evans NOES. 0 COMMISSIONERS• None ABSTAIN: 1 COMMISSIONER. Warren REPORTS OF OFFICERS AND COMMISSIONERS: There was then a discussion regarding Resolution No 590 pertaining to appeals of Planning Commission actions to the City Council It was requested by Commissioner Ricker to add the following paragraph to the resolution. WHEREAS, it is currently permissible for an individual councilman member to request an appeal of any Planning Commission action as an addition to its meeting agenda for further discussion subject to the majority approval, and, Commissioner Ricker also requested the following correction in the following paragraph NOW, THEREFORE, BE IT RESOLVED that the Planning Commission did recom- mend that they not adopt the proposed change to the ordinance with the understanding that such change would tend to mitigate against the prestige and stature of the Planning Commission After further discussion it was the consensus of the Planning Commission to change the last paragraph to read as follows NOW, THEREFORE, BE IT RESOLVED that the Planning Commission did recommend that they not adopt the proposed change to the ordinance with the understanding that such change would tend to militate against the prestige and stature of Planning Commission decisions It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to have the staff recommend this resolution to the City Council at their next regular meeting MINUTES July 6, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to reopen the consideration of the minutes It was requested by Commissioner Sonju to make the following correction on Page 10, Paragraph 4. It was moved by Commissioner Ricker seconded by Commissioner Sonju and unan- imously carried that the Planning Commission adopt a resolution recommending to the City Council that they not adopt this proposed change to the ordinance with the understanding that such change would tend to militate against the prestige and stature of Planning Commission decisions The minutes of July 6, 1972, were then approved subject to the corrections by the following roll call vote: AYES 3 COMMISSIONERS. Ricker, Sonju, Evans NOES. 0 COMMISSIONERS. None ABSTAIN: 1 COMMISSIONER: Warren SEMINAR Mr Dunlap stated that the staff has received a notice regarding a seminar to be held by Orange County entitled "The Orange County Growth Policy Statement" -6- Planning Commission Minutes July 20, 1972 He stated that the principle speaker was the Orange County Planning Director Mr Dunlap stated that if any of the Commissioners wanted further information to contact the staff MISCELLANEOUS There was brief discussion regarding the entrance driveway for the carwash at the corner of Valley View and Ball APPOINTMENTS OF COMMISSIONERS Chairman Evans reminded the Commission that the appointments of Commissioner Warren and herself were up on August 5, 1972 She stated that if by any chance she was not reappointed she would like to thank all of the Commissioners for electing her chairman for two terms She further stated that she has thoroughly enjoyed serving as a Cypress Planning Commissioner for the past years ADJOURNMENT Being no further business at this time, Chairman Evans declared the meeting adjourned at 8.37 p m to the next regular meeting of August 3, 1972, at 400 p m CHAI ATTEST: SECRETAVOF FLANizr7:'NG COMMISSION OF THE PLANNING COMMISSION IL r 1 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD August 3, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 17 p m , on Thursday, August 3, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding. PRESENT• Commissioners Ricker, Warren, Evans ABSENT• Commissioner Sonju Also present were Administrative Assistant Douglas Dunlap, Assistant City Attorney, John Murphy, Public Works Director/City Engineer Art Schatzeder, Assistant City Engineer, Ray Coakley, and Assistant Traffic Engineer, Don Barker MINUTES July 20, 1972 It was moved by Commissioner Ricker, seconded by Commissioner Warren and unanimously carried to approve the minutes of July 20, 1972, as written STAFF REPORTS AND DISCUSSIONS: Consideration of an extension on Conditional Use Permit No C-233 and Variance No. V-288. The Chairman stated that there would be a discussion regarding the consideration of an extension on Conditional Use Permit No. C-233 and Variance No V-288 Mr Dunlap presented Planning Staff Report PC#72-53 for the Commission's con- sideration COMMISSIONER SONJU ARRIVED AT 4.20 P.M. Public Works Director/City Engineer, Art Schatzeder, presented a report to the Commission pointing out that the Engineering Department had expressed some concern regarding this particular matter due to the fact that landmark trees were involved He stated that a study had been made in regards to one landmark tree in particular He further stated that it was felt that problems might be incurred since the tree was located some distance north of the ultimate curb line which would put it in a traffic lane He explained that they were concerned with the possible liability to the City in the event that the signal was not visible from a distance due to the presence of the tree Mr Schatzeder stated that the Engineering Department had made a video tape in cooperation with the Police Department in order to visually show the tree's location, the intersection, the traffic and the signal from various locations in the road Assistant Traffic Engineer, Don Barker, narrated the video tape for the Commission's benefit After the video tape was presented there was a slides presentation of the area approaching the intersection of Cerritos and Holder,east bound This was done in an effort to provide the Commission with additional information in order to determine whether or not the tree should remain or be removed There was no specific recommendation from the Engineering Department The Assistant City Attorney John Murphy, stated that the answer to a liability question would be found in court He stated that the Tort Claims Act makes public agencies not liable where the damage is the result of a design defect. He also stated that where a dangerous area is evident it must be posted for the public's benefit He stated that there would very possibly be law suits which might increase the City's insurance rates or if accidents start occurring in one particular location very frequently it might also increase the City's insurance rates Planning Commission Minutes August 3, 1972 A plot plan was displayed and the various landmark trees were pointed out on the property for the Commission's consideration Mr. Robert Sanregret and Mr Robert Slatton were both present in the audience and Mr Sanregret stated that they were the potential developers of the property He stated that it made no difference to them whether the tree was removed or whether it remained but they would like to proceed with their development as soon as possible It was moved by Commissioner Warren to delete the Landmark Tree currently under discussion Due to the fact that the Commission felt that further discussion was warranted on this subject, Commissioner Warren withdrew his motion to delete the Landmark Tree Assistant Traffic Engineer, Don Barker, addressed the Commission and discussed the matters of the visibility of the traffic signal and the removal of the turn lane There was discussion by the Commission regarding the conditions as imposed on the original conditional use permit and the original variance It was moved by Commissioner Ricker and seconded by Commissioner Sonju to extend Conditional Use Permit No C-233 and Variance No V-288 for a period of 180 days subject to the following conditions as amended from the original conditions of approval• 1 Cerritos Avenue shall be designed subject to the approval of the Planning Commission and in the event such design involves the elimination of the Landmark Tree closest to the right-of-way, then the design shall be further subject to the Planning Commission's approval of a substitution for the Landmark Tree Holder Street shall be dedicated and improved in accordance with the Master Plan of Streets and Highways 9 Landscaping shall be designed by a licensed landscape architect subject to the Planning Commission's approval 13. The signs on the buildings and marquee shall be coordinated accord- ing to the rendering known as "Exhibit B" as submitted and maintained in such a manner 20 All conditions shall be met or guaranteed prior to the certificate of occupancy being issued It was moved by Commissioner Sonju to amend the motion by adding condition #21 which would read as follows• 21 Elevations shall be modified to include a proportionate amount of wrought iron on all developments as shown on the medical building. The motion died for lack of a second It was moved by Commissioner Evans, seconded by Commissioner Ricker and unanimously carried to amend condition #9 to read as follows• 9 Landscaping shall be designed by a licensed landscape architect subject to the Planning Commission's approval Plans should reflect Landmark Trees on the property and those trees shall be preserved except as otherwise expressly authorized by the Planning Commission. Planning Commission Minutes August 3, 1972 The original motion was then voted on which included the following motions: 1 Cerritos Avenue shall be designed subject to the approval of the Planning Commission and in the event such design involves the elimination of the Landmark Tree closest to the right-of-way, then the design shall be further subject to the Planning Com- mission's approval of a substitution for the Landmark Tree Holder Street shall be dedicated and improved in accordance with the Master Plan of Streets and Highways 9 Landscaping shall be designed by a licensed landscape architect subject to the Planning Commission's approval. Plans should reflect Landmark Trees on the property and those trees shall be preserved except as otherwise expressly authorized by the Planning Commission 13 The signs on the buildings and marquee shall be coordinated according to the rendering known as "Exhibit B" as submitted and maintained in such a manner 20 All conditions shall be met or guaranteed prior to the certifi- cate of occupancy being issued The motion was carried with the following roll call vote TO WIT ALL AYES It was the consensus of the Planning Commission that the matter of the traffic signal, at Holder and Cerritos, and the turn pocket should be forwarded to the Advisory Traffic Committee to receive their suggestions and comments on whether or not the Landmark Tree should remain or be removed. Consideration of a communication from the County of Orange relative to a County Use Permit in the vicinity of Gay Street: Mr Dunlap presented Planning Staff Report PC#72-58 for the Commission's con- sideration The recommendation from the staff was that the Planning Commission go on record as being opposed to the Use Permit which would allow a stable and horses on Gay Street There was brief discussion regarding this matter and then it was moved by Com- missioner Sonju, seconded by Commissioner Warren and unanimously carried to continue this matter to the end of the agenda for further consideration MINUTES. It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to reopen the consideration of the July 20, 1972, minutes After brief discussion, there were no further corrections or additions It was the consensus of the Planning Commission to approve the minutes of July 20,1972, as written RECESS: Chairman Evans declared a recess of the Planning Commission at 5 52 p m until 7 30 p m CALL TO ORDER. The meeting of in the Cypress Chairman Evans PRESENT. ABSENT. the Cypress Planning Commission was called back to order at 7.44 p m , City Council Chambers, 5275 Orange Avenue, Cypress, California, presiding Commissioners Ricker, Sonju, Warren, Evans None - 3 Planning Commission Minutes August 3, 1972 Also present were Administrative Assistant, Douglas Dunlap, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley ORAL COMMUNICATIONS: There were no oral communications at this time PUBLIC HEARINGS: Prior to the public hearings Chairman Evans explained the cover letter on the agenda for the benefit of the audience CONTINUATION OF A PUBLIC HEARING RE: MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT NO C-206. The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of a warehouse on property generally located at the northeast corner of Electric and Philo Streets, in the City of Cypress, California, and known as Modification No. 2 of Conditional Use Permit No. C-206. The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-54 for the Commission's consi- deration. Mr. Dunlap stated that there had been no written communications received either in favor or against The Chairman asked if there was anyone wishing to speak in favor of the application Mr Henry J Verhoeven, 9909 Belfare Street, Bellflower, addressed the Commission and stated that he was in agreement with all of the conditions except 4610 which called for a 3 ft high block wall along the perimeter of the parking lot area He stated that he would like to construct a 6 ft. high chain link fence instead He felt a chain link fence would be easier to see through and people in the parking lot could be seen from the street The Chairman asked if there was anyone wishing to speak against the application for conditional use permit modification There was no one There was a lengthy discussion regarding the 20 ft. entrance of Philo on to Walker Street There was deliberation on the existing problem and discussion on an agreeable solution Other discussions consisted of obtaining the right- of-way from the railroad, cul de sacing Philo Street, abandoning Philo Street, and the possible redesign of the existing plan for Modification 462 of Condi- tional Use Permit No. C-206. Mr. Coakley stated that any improvement that could be made would be better than what was currently in existence Mr. Speer, Cypress Lumber Company, Cypress, addressed the Planning Commission and stated that if Philo Street were made into a cul de sac he would be out of busi- ness at that particular location He requested that a traffic count be made on that street to determine whether or not a cul de sac was warranted Mr Speer further stated that he felt the Commission should allow Mr Verhoeven to put up a chain link fence for safety reasons There was discussion regarding Modification 461 of Conditional Use Permit No. C-206 and the fact that conditions 8, 9 and 11 had not been met Commissioner Sonju stated that she was definitely opposed to hearing a second modification before the conditions of the first modification were met. There was discussion by the Planning Commission to the effect that if Modification 462 was approved could a condition be placed on the approval stating that all other conditions of previous modifications be met prior to a certificate of occupancy being issued. The matter of conditions being met on modification 461 was cleared up by Mr Verhoeven and he explained for the benefit of the Planning Commission the improvements that he had made on the development It was moved by Commissioner Ricker, seconded by Commissioner Warren and unanimously carried to close the public hearing Planning Commission Minutes August 3, 1972 It was moved by Commissioner Warren and seconded by Commissioner Ricker to adopt a resolution approving Modification #2 of Conditional Use Permit No C-206, subject to the following conditions: 1 Drainage fees shall be paid for the entire area of parcel being improved including railroad leased property except for fees previously paid. 2 Submit copy of lease agreement with railroad 3. Construct sidewalks on Walker Street 4 Maintain exterior of tanks in a neat painted condition at all times with no visible appearance of rust showing 5 Eliminate driveways not used by removing and constructing new curb and sidewalk 6 Development shall conform to the submitted plot plan, any substantial change shall require the approval of the Plan- ning Commission 7 The area being used for parking shall be paved with asphaltic concrete 8 All driveways on private property shall be paved with asphaltic concrete 9 The off-street parking area shall be paved and striped in accordance with City Standards 10. A minimum 6 ft high chain link fence shall be constructed along the perimeter of the parking lot area to match the existing chain link fence 11 Street lights to be installed to City standards on Philo, Electric, and Walker Streets 12 All elevations of buildings and landscape plans shall be submitted for architectural and landscape review and approval by the Planning Commission 13 No certificate of occupancy shall be issued until all previous conditions under Conditional Use Permit No C-206 and Modifica- tion 4#1 of Conditional Use Permit No. C-206 have been met as well as the conditions included in Modification #2 of Conditional Use Permit No C-206 It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to amend the motion to have condition 412 read as follows 12 All elevations shall be submitted for architectural review and approval and landscape plans shall be submitted for landscape review and approval by the Planning Commission All landscaping shall be installed prior to the certificate of occupancy being issued. It was moved by Commissioner Sonju to amend the original motion to have condition 410 read as follows: wow 10. A 6 ft high block wall shall be required on Walker Street with a chain link fence to be constructed on all other areas The motion died for lack of a second - 5 - Planning Commission Minutes August 3, 1972 It was moved by Commissioner Evans to amend the original motion to have condition 4610 read as follows: 10 A 6 ft high decorative block wall shall be constructed along the perimeter of the parking lot area to be approved by the Planning Director. The motion died for lack of a second It was moved by Commissioner Sonju and seconded by Commissioner Evans to amend the original motion to have condition #10 read as follows. 10 A minimum 3 ft. high block wall shall be constructed along the perimeter of the parking lot area The motion failed to carry with the following roll call vote' NOES. 2 COMMISSIONERS. Ricker and Warren AYES' 2 COMMISSIONERS: Sonju and Evans It was moved by Commissioner Sonju and seconded by Commissioner Warren to amend the original motion to have condition 4610 read as follows: 10 A minimum 3 ft high block wall with a 3 ft high chain link fence on the top shall be constructed along the perimeter of the parking lot area. The motion carried with the following roll call vote AYES: 3 COMMISSIONERS: Sonju, Warren, Evans NOES* 1 COMMISSIONER: Ricker The original motion was then voted on The motion was carried with the following roll call vote: TO WIT. ALL AYES It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried to direct the staff to take immediate action to obtain dedication of the lease land from the Southern Pacific Railroad on the northeast portion of this property as soon as possible to remit full improvements of Philo Street to its design width in accordance with the Master Plan of Streets and Highways RECESS: Chairman Evans declared a recess at 9 20 p m The meeting was called back to order at 9:35 p m with the following Commissioners present: PRESENT Commissioners Ricker, Sonju, Warren, Evans ABSENT. None The Chairman stated for the benefit of the audience that the next three (3) public hearings would be opened simultaneously since they all related to one another She did state, however, that each public hearing would require a separate action PUBLIC HEARING RE. ZONING DETERMINATION NO 72-5 -- ROBERT DECKER The Chairman announced that this was the time and place to consider a request for zoning determination to allow a trailer and camper supply business on property located at 5632 Lincoln Avenue, Cypress, received from Mr Robert Decker, and known as Zoning Determination No 72-5. PUBLIC HEARING RE: VARIANCE NO V-309 -- ROBERT DECKER. The Chairman announced that this was the time and place to consider a request for variance to allow reduction of front yard setback on property located at 5632 - 6 Planning Commission Minutes August 3, 1972 Lincoln Avenue, Cypress, received from Mr Robert Decker, and known as Variance No V-309. PUBLIC HEARING RE: VARIANCE NO V-310 -- ROBERT DECKER: The Chairman announced that this was the time and place to consider a request for variance to allow reduction of off-street parking on property located at 5632 Lincoln Avenue, Cypress, received from Mr Robert H Decker, and known as Variance No V-310 The Chairman declared all three public hearings open and requested the staff to present its reports. Mr Dunlap presented Planning Staff Reports PC#72-55, PC#72-56 and PC#72-57 for the Commission's consideration The Chairman stated that the Commission would take the discussions in order and the Zoning Determination would be considered first The Chairman asked if there was anyone wishing to speak either in favor or against the Zoning Determination Mr Robert Decker, the applicant, 7962 La Mirada, Buena Park, addressed the Commission and spoke in favor of the zoning determination. There was no one wishing to speak against the application nor were there any written communications received either in favor or against There was brief discussion regarding the width of the property, open air sales, and whether or not installations were made at the place of business Being no further business, the Chairman declared the public hearing closed It was moved by Commissioner Ricker and seconded by Commissioner Sonju that the Planning Commission find that a trailer and camper supply business is a proper and permitted use in the H -C (Highway Commercial) Zone. The motion was carried with the following roll call vote TO WIT• ALL AYES There was discussion regarding Variance No V-309 and the setback on Lincoln Avenue. Mr Decker explained that he had started the development of his property prior to the adoption of the 25' setback on Lincoln Avenue and also prior to the adoption of the Townscape Plan There was also discussion regarding the present building on the property It was explained that the Building Superintendent could not issue a building permit because in the opinion of an outside consultant as well as the Building Superintendent, the cost of renovating the building would be more than 50% of the assessed value of the building, and therefore the applicant would have to comply with all of the criteria of the Code for a new building including the setbacks and parking require- ments There was discussion by the Commission regarding renovating the building and whether or not the applicant was under a hardship because of the 25' setback requirement Being no further discussion, the Chairman declared the public hearing closed It was moved by Commissioner Sonju and seconded by Commissioner Ricker to adopt a resolution denying Variance No. V-309 The motion was carried with the following roll call vote: TO WIT• ALL AYES There was then discussion regarding Variance No. V-310 and the reduction of off- street parking The Chairman stated that she felt discussion regarding the off- street parking was in a sense irrelevant since the building was not going to be used anyway. She felt that the Planning Commission should recommend denial and advise the applicant to come back with a revised set of plans for the building and parking - 7 - Planning Commission Minutes August 3, 1972 The Chairman declared the public hearing closed It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried to adopt a reso- lution denying Variance No V-310 The Chairman advised the applicant that he could appeal the decision of the Planning Commission to the City Council Consideration of a communication from the County of Orange relative to a County use permit in the vicinity of Gay Street The Chairman then stated that there would be a discussion on an item from the County of Orange which was continued from the afternoon session of the meeting It was moved by Commissioner Sonju and seconded by Commissioner Warren to recom- mend to the County of Orange that the Planning Commission feels a stable in the vicinity of Gay Street would be a good use and also to recommend that the County enforce the standards applicable to that area Chairman Evans stated that she felt this stable would not be compatible with the surrounding uses of the area She further stated that this particular area would possibly some day be annexed into the City of Cypress and she would prefer to have it zoned R -E (Residential Estate) Being no further comments, the Chairman requested the Commission to cast their ballots The motion was carried with the following roll call vote AYES• 3 COMMISSIONERS• Ricker, Sonju, Warren NOES 1 COMMISSIONER• Evans REPORTS OF OFFICERS AND COMMISSIONERS: It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to place on the agenda an item whereby an application for modification of a use permit would not be heard until all the conditions of the original use permit had been met It was moved by Commissioner Sonju to adopt as a policy of the Planning Commission that no modifications of use permits will be heard until all conditions of the original use permit have been met It was pointed out by Mr Fish that the Planning Commission would be obliged to hear any permit that came before them and the only thing that could be done would be to have a policy statement that would recommend an automatic denial of any modi- fication for a use permit until all conditions of the original use permit were met It was moved by Commissioner Sonju to amend her motion to read that the Planning Commission adopt a policy statement which would recommend denial of all applications for modifications of use permits until all conditions of the original use permit were met. The motion was seconded by Commissioner Warren and the vote was a unani- mous consent of the Planning Commission. Miscellaneous. There was brief discussion regarding the appeal procedure of the City of Los Angeles and there was also discussion on bicycle trails ADJOURNMENT: Being no further business at this time, the Chairman declared the Planning Commission meeting adjourned at 10.47 p m until the next meeting of August 17, 1972, at 4.00 p m ("X/ / ATTEST CHAIRMAN OF THE PLANNING COMMISSION SECRET Y OE PLANN F G COMMISSI ON - 8 - MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD August 17 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.08 p.m. on Thursday, August 17, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding PRESENT: Commissioners Ricker, Warren Evans ABSENT• Commissioner Sonju Also present were Administrative Assistant Douglas Dunlap, Deputy City Attorney Bud Fish, and Assistant City Engineer, Ray Coakley STAFF REPORTS AND DISCUSSIONS: It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carried to place the item of the Landmark Tree on Cerritos Avenue on the agenda It would be heard as Item #4 on the evening session agenda Casa Grande, Phase 4 -- Landscape Review The Chairman stated that there would be a discussion regarding the landscape review on Casa Grande, Phase 4 (Conditional Use Permit No. C-231) Mr Dunlap presented Planning Staff Report PC#72-59 for the Commission's consideration. It was the consensus of the Planning Commission that they would review the landscape plans in the Conference Room. Mr Ralph Stone, Patrick/Begin, Landscape Architects, was present to review and explain the plans to the Commission. There was discussion on the following items- the fences surrounding the pool area, the length of time that Phase 2 has been planted, and also the grading plan for Phase 2 COMMISSIONER SONJU ARRIVED AT 4:22 P M There was also discussion on the size of the trees, the fact that more landscaping was needed on the north and west boundaries, and shrubs, ground cover, and irri- gation throughout the development were discussed It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to approve the landscape plans for Casa Grande, Phase 4 subject to the following revision. 1 Additional planting and landscaping shall be provided every 40 ft with trees and vines along the north and west walls of Phase 4 subject to the approval of the Planning Director. Being no further business in the Conference Room, the Planning Commission recon- vened in the Council Chambers for the remainder of the meeting Environmental Impact Statement -- Crescent Avenue: The Chairman stated that the Commission would consider an Environmental Impact Statement on Crescent Avenue Mr Coakley presented a report for the Commission's consideration There was discussion on whether or not the Engineering Division had made every effort to save the trees that were referred to in the Environmental Impact Statement Commissioner Ricker was interested in knowing if the parking lane along Crescent Avenue could be made into a combination horse path and bicycle trailway There was discussion regarding this matter Mr Coakley stated that the possibility of this matter could be looked into but the outcome may be doubtful - 1 - Planning Commission Minutes August 17 1972 Mr Coakley suggested that the Commission could approve the Environmental Impact Statement as well as the Resolution today and let him report back to the Commis- sion at their next regular meeting with any information regarding the possible bicycle path It was moved by Commissioner Warren, seconded by Commissioner Sonju and unanimously carried to approve Resolution No 593 It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried to request a report from the Engineering Department in reference to study- ing the possibility of converting the parking lane on the south side of Crescent Avenue into a combined bicycle trailways and horse path It was also requested that the report be back to the Planning Commission at their next regular meeting It was moved by Commissioner Sonju, seconded by Commissioner Evans and unanimously carried that the Planning Commission review the Crescent Avenue street plans with respect to the bicycle paths prior to the County receiving the plans. Commissioner Ricker suggested that in the future always consider putting in a bicycle trailway if It was moved by Commissioner Warren, seconded by carried to place the item regarding the Landmark afternoon agenda instead of the evening session Landmark Trees -- Alignment of Cerritos Avenue. the Engineering Department could possible in cases like this Commissioner Ricker and unanimously Trees on Cerritos Avenue on the Mr Dunlap stated for the Commission's benefit that the City Council had adopted the first reading of the Landmark Tree Ordinance at their last regular meeting He further stated that the Advisory Traffic Committee's recommendation was that the large Landmark Tree on Cerritos Avenue be removed He stated that the Com- mittee felt that by keeping the tree it would cause a traffic hazard. Mr. Dunlap then read a letter into the record received from Mr J R Slatton dated August 14, 1972, regarding the extension granted by the Commission on Conditional Use Permit No C-233 and Variance No V-288, The letter stated that they were awaiting a decision on whether the tree would remain or be removed It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unani- mously carried to continue this matter to the last item on the agenda Miscellaneous• It was moved by Commissioner Warren, seconded by Commissioner Ricker and unanimously carriedto place on the agenda the item regarding City Council actions on Planning Commission's decisions Mr Dunlap stated that he needed some clarification on the Recreational Vehicle Policy Statement adopted by the Planning Commission There was brief discussion by the Commission on Item #2 and it was changed to read as follows. 2. Storage area shall be completely screened with an appropriate wall or fence and shall be adequately landscaped subject to the approval of the Planning Commission Mr Dunlap also stated, for the Commission's benefit, that the City Council had adopted the first reading on appeals by an individual councilman on Planning Commission actions RECESS: Chairman Evans declared a recess of the Planning Commission at 5:43 p m until 7 30 p m - 2 - Planning Commission Minutes August 17, 1972 CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7:37 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Evans presiding. PRESENT: Commissioners Ricker, Sonju, Warren, Evans ABSENT• None Also present were Administrative Assistant, Douglas Dunlap, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley ORAL COMMUNICATIONS. There were no oral communications at this time PUBLIC HEARINGS: PUBLIC HEARING RE ZONE CHANGE NO Z-215 -- ACACIA DRIVE PROPERTY OWNERS: The Chairman announced that this was the time and place to consider an amendment to the Zoning Ordinance No. 90, to change the zone of property located along Acacia Drive from R-3 (Multiple -Family Residential) Zone to R -E (Residential Estate) Zone and known as Zone Change No Z-215 The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-60 for the Commission's consideration There was brief discussion by the Commission in regards to continuing the public hearing which was the recommendation of the staff It was moved by Commissioner Sonju and seconded by Commissioner Warren to continue Zone Change No Z-215 to the September 21, 1972, meeting and recommend that the staff make every effort to meet with the interested parties concerning this matter before the scheduled meeting Commissioner Ricker stated that he would be in favor of hearing the testimony at this meeting since there were so many people in the audience concerned with this particular item After brief discussion the motion was voted on The motion was carried with the following roll call vote: AYES: 3 COMMISSIONERS Sonju, Warren, Evans NOES: 1 COMMISSIONER. Ricker PUBLIC HEARING RE: R-4 URGENCY ORDINANCE• The Chairman announced that this was the time and place to consider an ordinance amending Ordinance No 90, the Zoning Ordinance, by amending Part 2 regarding certain definitions amending Part 10 regarding R-4 Multiple -Family Residential Zone requirements, amending Part 21 regarding off-street parking requirements, amending Part 24 regarding procedures and amending Part 25 regarding general provisions, conditions, limitations, and other provisions relating to the R-4 Multiple -Family Residential Zone The Chairman declared the public hearing open and requested the staff to present its report Mr Dunlap presented Planning Staff Report PC#72-62 for the Commission's consideration Mr Dunlap also stated that there were no written communications received either in favor or against The Chairman asked if there was anyone wishing to speak either in favor or against the proposed amendment to the Zoning Ordinance There was no one There was brief discussion regarding the parking study which was conducted by the City of Costa Mesa and how it varied from the City of Cypress Commissioner Sonju stated that she would be interested in having some information presented at the joint meeting with the City Council regarding apartments recently built with the new parking standards and what their parking situation is currently like - 3 Planning Commission Minutes August 17, 1972 It was moved by Commissioner Warren, seconded by Commissioner Ricker and unani- mously carried to recommend to the City Council to extend the R-4 Urgency Ordi- nance for a period of nine (9) months PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-280 -- BURGMAN & DECELL DEVELOPMENT CORPORATION• The Chairman announced that this was the time and place to consider an application for a Conditional Use Permit to allow the construction of a building in a C-1 (Neighborhood Stores) Zone in excess of 5,000 sq ft on property generally located on the northwest corner of Orange and Moody Streets known as Conditional Use Permit No C-280. The Chairman declared the public hearing open and requested the staff to present its report Mr. Dunlap presented Planning Staff Report PC#72-61 for the Commission's consideration The Chairman asked if there was anyone wishing to speak in favor of the application. Mr Roy DeCell, representing Burgman & DeCell Development Corp , 9451 Moody Street, Cypress, addressed the Commission and stated that he had two questions One, in regards to condition #16 and two, whether beer and wine could be sold at the pro- posed 7-11 store to be built in the shopping complex It was stated by the City Attorney that the applicant would have to apply for a Zoning Determination in order to sell alcoholic beverages In regards to the sign, there was lengthy discussion and the applicant stated that he would comply with the required 30' height sign and not display the original sign which is 34' high The Chairman then asked if there was anyone wishing to speak in opposition to the proposed application Mr. Warren Bodwell, 4931 Orange Avenue, Cypress, addressed the Commission and asked for a clarification on exactly what the applicant has proposed to build and in what specific location because he was immediately adjacent to the proposed development. RECESS The Chairman declared a recess at 8:21 p m for the purpose of having the develop- ment location explained to Mr. Bodwell by the applicant. The meeting was called back to order at 8.30 p m with the following Commissioners present - PRESENT' Commissioners Ricker, Sonju, Warren, Evans ABSENT None Mr Bodwell stated that he would have no objections to the proposed development on Moody Street Mr. Don Doltz, 4921 Orange Avenue, Cypress, addressed the Commission and asked if this development would increase the property taxes of surrounding residents There was discussion on whether or not property taxes would be increased and it was decided that additional information would be needed on this matter There was also discussion regarding a loading zone, landscaping and the sign It was pointed out by the City Attorney that a variance would have to be obtained regard- ing the landscape plans The applicant explained that he could reduce his building and his driveway to accommodate the 10 ft landscaping requirement The Chairman reviewed for the applicant some of the items that the Commission would want to take into consideration when approving the application There had been discussion regarding the following items the requirement of a variance if the applicant wished to vary from the 10 ft setback requirement regarding landscaping, the revision of the plot plans, the sign and location additional conditions that might be applied to the application, the title of the complex, automatic sprinkling system and planters in front of the window areas. Commissioner Sonju stated that she would like to have some type of market research done to determine whether there was a need for such a development in this particular location - 4 Planning Commission Minutes August 17, 1972 It was the consensus of the Commission that the sign remain as it now is and that it not be turned into a marquee type sign Commissioner Evans felt it would be a good idea to make a condition stating that the sign not be a rotating sign It was moved by Commissioner Warren, seconded by Commissioner Ricker and unani- mously carried to continue the consideration of Conditional Use Permit No. C-280 to the September 21, 1972, meeting '-- Landmark Trees -- Alignment of Cerritos Avenue. Chairman Evans stated that there would be further discussion regarding the align- ment of Cerritos Avenue which was continued from the afternoon session. It was moved by Commissioner Warren and seconded by Commissioner Ricker to realign Cerritos Avenue according to the Master Plan of Streets and Highways not accommo- dating the existing Landmark Tree. A suitable replacement will be provided by the developer for the Landmark Tree presently on the property Commissioners Ricker and Warren were both in favor of removing the tree Commis- sioner Ricker stated that he felt if the tree remained and the turn lane were re- moved then it would cause a definite safety factor Commissioners Evans and Sonju were both definitely in favor of keeping the tree because they felt it was an asset to the development as well as the community The motion failed to carry by the following roll call vote. NOES 2 COMMISSIONERS: Sonju and Evans AYES: 2 COMMISSIONERS• Ricker and Warren ABSENT' 0 COMMISSIONERS. None There was further discussion by the Commission regarding the removal of the tree or having the tree remain It was moved by Commissioner Sonju and seconded by Commissioner Warren that the Immo Planning Commission approve the design of the removal of the tree or the preser- vation of the tree subject to further approval of the Planning Commission After further direction from the attorney, Commissioner Sonju withdrew her motion in order to make a new motion Commissioner Warren also withdrew his second It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to instruct the Building Department to require the applicant to post bonds for the most expensive alignment on Cerritos and Holder and that alignment shall be determined by the Planning Commission at a future date It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried to continue the consideration of the alignment of Cerritos Avenue to the September 21, 1972 meeting REPORTS OF OFFICERS AND COMMISSIONERS: It was requested by Commissioner Sonju to have the staff present the Commission at their meeting of September 21, 1972, a list of the previously adopted policy statements It was requested by Commissioner Ricker that the afternoon session of the September 7, 1972, meeting be devoted specifically to a Planning Session for the benefit of the Planning Commission and the new Planning Director ADJOURNMENT: Being no further business at this time, Chairman Evans declared the Planning Com- mission adjourned at 10 08 p m , until the September 7, 1972, meeting at 4 00 p m - 5- Planning Commission Minutes ATTEST• SECRETARY THE MMISSION August 17, 1972 CHAIRMAN OF THE P INC COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD September 7, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:17 p m , on Thursday, September 7, 1972, in the City Council Chambers, 5275 Orange Avenue Cypress, California, Acting Chairman Warren presiding PRESENT Commissioners Ricker, Sonju, Hart Warren ABSENT: Commissioner Davis Also present were Planning Director, Brian Hawley, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley Nomination of Chairman and Vice Chairman. Mr Hawley stated for the Commission's benefit that they had two alternatives, one of which was electing a new chairman and vice chairman or electing a tem- porary chairman in the interim It was moved by Commissioner Ricker seconded by Commissioner Sonju and unani- mously carried to delay the appointment of the new chairman and vice chairman until the next regular meeting, and to nominate Hilliard Warren as the acting chairman until a permanent chairman is elected by the Commission MINUTES. August 3, 1972 It was requested by Commissioner Sonju that the following correction be made on Page 1, Paragraph 9• He stated that the Tort Claims Act makes public agencies not liable where the damage is the result of a design defect Being no further corrections or additions, it was moved by Commissioner Ricker and seconded by Commissioner Warren to approve the minutes of August 3, 1972, as corrected The motion was carried with the following voice vote. AYES: 3 COMMISSIONERS. Ricker, Sonju Warren NOES' 0 COMMISSIONERS• None ABSENT 1 COMMISSIONER Davis ABSTAIN. 1 COMMISSIONER. Hart August 17, 1972 It was moved by Commissioner Ricker and seconded by Commissioner Sonju to aper'Lve the minutes of August 17, 1972, as written The motion was carried with the following voice vote. AYES. 3 COMMISSIONERS: Ricker, Sonju, Warren NOES• 0 COMMISSIONERS• None ABSENT. 1 COMMISSIONER• Davis ABSTAIN 1 COMMISSIONER• Hart STAFF REPORTS AND DISCUSSIONS: It was the consensus of the Planning Commission to view the architectural and landscape plans in the conference rocm -1- Planning Commission Minutes September 7, 1972 Architectural and Landscape Review -- Lyons: Due to the fact that Mr Lyons was present with his architect, the Commission proceeded with the review of these plans and placed the review of Casa Grande Phase 4 second on the afternoon session There was discussion regarding the development of the property and what type of building would be built COMMISSIONER DAVIS ARRIVED AT 4.35 P M. There was also discussion regarding the following items: the color of the building, the existing wooden fence signs parking spaces, street improve- ments street lights, and bumpers for the parking spaces There was discussion regarding the landscaping and the types of trees and shrubs to be used on the development A planter with street trees was discussed by the Commission Being no further discussion, it was moved by Commissioner Ricker seconded by Commissioner Sonju and unanimously carried to approve the architectural and landscape plans subject to the following conditions' 1 The colors blue and white to be used for the building 2 Construction of exterior walls on the east side of the development 3 Use of existing driveways. 4 The wooden fence to be painted on the south side 5 Manual sprinkling system consisting of bubblers to be installed 6 Addition of planting strips on the southerly and northerly property lines and also along the front of the building 7 Street trees to be installed in accordance with the Street Tree Plan Trees to be a minimum of 15 gal. 8 A flowering type tree to be used along the front of the development to the specifications of the Planning Director. 9 Prior to the issuance of a building permit the applicant shall apply for a division of land 10 Signs to be in accordance with the City Code. Review of Landscape Plans for Casa Grande Phase 4 Mr Hawley presented revised landscape plans for the Commission's consideration, The primary purpose of presenting these plans was to show the changes that had been included in the plans Being no further questions, it was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to approve the revised landscape plans for Casa Grande Phase 4 as submitted Architectural and Landscape Review -- Henry J Verhoeven: The plans were presented by Mr Hawley for the Commission's consideration After brief discussion, it was moved by Commissioner Ricker, seconded by Com- missioner Sonju and unanimously carried to approve the plans subject to the Planning Commission Minutes September 7, 1972 following conditions: 1 Either slats or vines shall be provided on the east side in the rear of the property. 2 The size of the trees shall be as per Exhibit A Progress Report from the Assistant City Engineer Re: Status of Trails Along Crescent Avenue: Mr Coakley presented a report for the Commission's consideration He seated that he had contacted the County to see what their reaction would be to putting bicycle and equestrian trails on the south side of Crescent between Acacia and Sumner He stated that they agreed to allow the City to move the curb 6 ft toward the centerline and put parking bays at certain intervals as was done on Valley View Street north of Orangewood They also agreed to put bicycle trails east of Sumner to Moody within the County unincorporated area He explained that the County has no requirements for equestrian trails, therefore, they could not do anything about them There was discussion regarding the Townscape Element and what it stated in regards to equestrian and bicycle trails There was further discussion regarding the course that the trails would take as well as their landscaping and improvement Being no further discussion on this matter, the report was received and filed by the Planning Commission. Prior to continuing with the staff discussions, Commissioner Ricker stated that he felt it would be helpful if the Planning Commission could get together with the Planning Director and discuss the planning goals and projects for the City of Cypress He stated that he would be interested in having the Planning Director review the status of the different elements of the general plan in connection with the zoning ordinance as well as when the zoning ordinance would be updated Tentative Tract No 7793 -- Revised Plans. It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unani- mously carried to continue the consideration of the revised plans for Tentative Tract No 7793 to the evening session in order to have the plans reviewed in conjunction with Modification #1 of Conditional Use Permit No. C-267. RECESS. Acting Chairman Warren declared a recess of the Planning Commission at 6:02 p m until 7.30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7.33 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Acting Chairman Warren presiding PRESENT. Commissioners Ricker, Sonju, Hart, Warren, Davis ABSENT None Also present were Planning Director Brian Hawley, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley ORAL COMMUNICATIONS: There were no oral communications at this time -3- Planning Commission Minutes September 7, 1972 PUBLIC HEARINGS. PUBLIC HEARING RE: VARIANCE N0. V-311 -- FRANK AND GABRIELA LYONS The Chairman announced that this was the time and place to consider an applica- tion for variance to allow the reduction of the front yard setback on property located at 8980 Moody Street, Cypress, and known as Variance No V-311 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#72-63 for the Commission's considera- tion He further stated that there were no written or oral communications received either in favor or against the subject request Mr Hawley recommended that the Commission consent to a withdrawal of the variance request since the application was no longer warranted It was moved by Commissioner Sonju, seconded by Commissioner Davis and unanimously carried to approve a withdrawal of this application as recommended by the staff PUBLIC HEARING RE. ZONING DETERMINATION NO 72-7 -- FRED STOKES: The Chairman announced that this was the time and place to consider a request for a zoning determination to allow a truck maintenance facility in the H -C (Highway Commercial) Zone on property generally located at 4614 Lincoln Avenue, Cypress, and known as Zoning Determination No 72-7 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#72-64 for the Commission's consideration Mr Hawley stated that there had been no written ar oral communications received either in favor or against this application The Chairman asked if there was anyone wishing to speak in favor of the subject application Mr Lewis Stokes, representing the Company of Stokes Trucking 4614 Lincoln Avenue Cypress addressed the Commission and stated that he was in agreement with the staff report and he requested the Commission's favorable consideration_ The Chairman asked if there was anyone wishing to speak in opposition to the request No one spoke at this time. There was brief discussion regarding the type of trucking that was conducted and also if the paving in the back of the development had been satisfactorily completed It was moved by Commissioner Ricker, seconded by Commissioner Davis and unani- mously carried to close the public hearing It was moved by Commissioner Ricker and seconded by Commissioner Sonju to approve Zoning Determination No 72-7 and find that a truck maintenance facility is a proper and permitted use in the H -C (Highway Commercial) Zone The motion was carried with the following roll call vote. TO WIT. ALL AYES PUBLIC HEARING RE: MODIFICATION 4#1 OF CONDITIONAL USE PERMIT NO C-267. The Chairman announced that this was the time and place to consider an applica- tion for conditional use permit to allow the construction of a residential planned development on approximately 80 acres generally located north of Orange- wood Avenue between Holder and Knott Streets, requested by Woodbine Corporation, and known as Modification #1 of Conditional Use Permit No C-267 The Chairman declared the public hearing open and requested the staff to present its report -4- Planning Commission Minutes September 7, 1972 RECESS: Acting Chairman Warren declared a recess at 7:50 p m The meeting was called back to order at 7 55 p m with the following Commissioners present. PRESENT. Commissioners Ricker, Sonju, Hart, Warren, Davis ABSENT: None Commissioner Sonju stated for the record that she would not be participating in the public hearing regarding Modification #1 of Conditional Use Permit No C-267 and the discussion regarding the revised plans of Tentative Tract No 7793 because of a possible conflict of interest She further stated that she would absent herself from the room COMMISSIONER SONJU LEFT AT 7.57 P M Mr Hawley presented Planning Staff Report PC4#72-65 for the Commission's con- sideration Prior to continuing his presentation a recess was called RECESS: Acting Chairman Warren declared a recess at 8.00 p m The meeting was called back to order at 8 01 p m with the following Commissioners present: PRESENT. Commissioners Ricker, Hart, Warren, Davis ABSENT Commissioner Sonju Commissioner Davis stated for the record that he would not be participating in the public hearing regarding Modification #1 of Conditional Use Permit No C-267 and the discussion regarding the revised plans of Tentative Tract No 7793 because of a possible conflict of interest He further stated that he would absent himself from the room COMMISSIONER DAVIS LEFT AT 8.01 P M. Mr Hawley proceeded with his presentation and also presented Planning Staff Report PC#72-66 for the Commission's consideration He stated that there had been no oral or written communications received either in favor or against this application The Chairman asked if there was anyone wishing to speak in favor cf this application Mr John Garcia, 11645 Java Lane, Cypress, representing the applicant, addressed the Commission and made his presentation in fav:)r of the application Mr. Garcia discussed the following items in relation to the modification an increase in green open space, a reduction in density, three recreational facilities, floor plans, the price of the townhouses and the patio homes the square footages of the developments and the circulation pattern The Chairman asked if there was anyone wishing to speak against the project No one spoke at this time There was discussion by the Commission regarding the following items- the increase in the price of the houses, proposed parking for recreational vehicles in the development, guest parking, the C C & R 's, the dedica- tion of a 15 ft strip of land along the north boundary of the Stanton Storm Channel for bicycle trails and the completion of the Stanton Storm Channel There was also discussion regarding a bicycle path on Orangewood Helder, and Knott, the developer posting a bond, maintenance of the open green areas, emergency exits from the development and the landscape plans It was moved by Commissioner Ricker, seconded by Commissioner Hart and unani- mously carried to close the public hearing It was moved by Commissioner Ricker and seconded by Commissioner Hart to approve Modification #1 of Conditional Use Permit No C-267 subject to the following conditions: -5- Planning Commission Minutes September 7, 1972 1 Developer shall conform to all applicable provisions of the City Code 2 Landscape plans for the common green areas shall be prepared by a registered landscape architect and approved by the Plan- ning Commission 3 Location of tot lots play equipment passive areas and other facilities in common green areas shall be subject to staff review and Planning Commission approval 4 C C & R 's shall be subject to approval to staff and City Attorney 5 All open off-street parking spaces shall be designated for guest parking 6 The walls separating the individually owned units must be two separately constructed one hour fire walls Also the wall construction separating these living units shall pro- vide a sound transmission class (STC) of at least 45 Test for STC shall conform with ASTM E90 -61T 7 Drainage fees shall be paid in accordance with Master Plan of Drainage 8 Drainage shall be solved to the satisfaction of the City Engineer. 9 Drainage easements shall be dedicated to the City as required. 10 Street lights shall be installed per City Standards 11 Advance street light energy charges shall be paid 12 Tree planting and landscaping on arterial and interior streets shall be to the satisfaction of the staff City street tree policy shall be used as a guide 13 A cash deposit of five hundred dollars ($500 00) shall be posted with the City of Cypress to cover the testing of a qualified agricultural laboratory to determine the organic and chemical amendments required for optimum growth in planting trees 14 Minimum street grade shall be 0 20% except in the event that dirt is required to be imported 15 Alley grades shall be to the satisfaction of the City Engineer. 16 Minimum curb radius on streets shall be twenty-five (25') and all property and alley radii shall be subject to approval of the City Engineer 17 Cul de sacs shown shall allow adequate turning radius for trash truck 18. Angle between hammerhead and centerline of alley shall be subject to approval of City Engineer 19. Orangewood Avenue, Holder Street and Knott Street shall be ded- icated and fully improved in accordance with the Master Plan of Streets and Highways. 20 The entrance street on Orangewood Avenue shall line up with the street to the south -6- Planning Commission Minutes September 7, 1972 21 The developer shall dedicate a fifteen foot (15') strip of land between the South boundary of the Stanton Storm Channel and the North boundary line of the development to the City of Cypress and area shall be developed in accordance with the Standards established by the City staff fcr a Bicycle Trailway System 22 The developer shall dedicate an additional eight foot (8') ease- ment on Orangewood Avenue, Holder Street and Knott Street for trailways and develop in accordance with the standards established by the City Staff for a bicycle trailway system 23 All vehicular access right shall be dedicated to the City of Cypress for Orangewood Avenue, Holder Street and Knott Streets and all vehi- cular and pedestrian access right shall be dedicated to the City of Cypress for that fifteen foot (15') strip North of the northerly boundary line 24 All one hundred foot (100') streets shall be improved with eighty- four (84') paving curb to curb All eight -four (84') feet streets shall be improved with sixty-four (64') of paving curb to curb All forty-one foot (41') streets shall be improved with forty feet (40') of paving curb to curb All alleys shall be twenty-six (26') minimum width 25 Minimum street width fronting lots 1 through 8 may be thirty-one feet (31') with thirty foot (30') paving curb to curb 26 Interior street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using T I of 5 for streets with forty -feet (40') of paving Cul de sac streets shall be designed with a T I of 4 City Engineer- ing Division will determine structural section fcr Orangewood Avenue, Holder Street and Knott Street per report from Orange County Road Department Materials Laboratory Alley sections shall be per City standards 27 There shall be five foot (5') walkway, parkway and public utility easement adjacent to curbs on all streets 28 Adequate walkways shall be provided to allow pedestrian travel from one area to another without crossing directly into parking areas 29 Sidewalks shall be constructed in front of "Patio Garden Home" units where they are not accessible to common green belt areas 30 All streets shall be dedicated and improved within the boundaries of the development 31 Location of all street furniture shall be approved by the City Engineer 32 Water system shall be a circulating type 33 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 34 All secondary and primary utility services shall be underground 35 Electrical and telephone cable runs shall be located adjacent to alleys Transformers for electrical service and distribu- tion points for telephone service shall be located in common green areas Common trenches shall be used for TV, electrical and telephone cables -7- Planning Commission Minutes September 7, 1972 36 Installation of cable TV shall be subject to any City ordinances or regulations which are in effect at time of recordation of each Final Map 37 A 6 ft high ornamental concrete block wall shall be constructed along the southerly boundary line of the Flood Control Channel on the northerly side of the project No fences shall be con- structed along Orangewood, Holder, or Knott Avenue All fences constructed at the entryways to the project along the side yards shall be approved by the Planning Department Staff 38 Plan check and inspection fees amounting to 31% of the public improvements shall be paid 39 A Master Plan of sewers storm drains, and street grades shall be submitted for approval Master Plan shall also show phasing and boundaries of units 40 Developer shall maintain all City sewers downstream of the area being developed within the holdings of the Woodbine Corporation until accepted by the City Plan for guarantee of sewer main- tenance and emergency service shall be submitted to City Engineer for approval prior to recordation of first Final Map 41. Garages on corner lots shall be located on lots so as to provide maximum sight distance for traffic 42 The developer shall contribute the cash equivalent of the value of 2 acres of the property in question for the acquisition cf future park sites 43 The developer shall submit a Tentative Tract Map subject t: the above conditions 44. The development shall be substantially the same as depicted in the exhibits displayed at the September 7, 1972 meeting of the Planning Commission 45 Adequate bonds shall be posted by the developer to permit the development of the Stanton Storm Channel dedication in accordance with standards to be established by the City Staff The bonds to be determined by the staff with the understanding that this should be determined before it is brought to the City Council 46 Parking area along the northerly property line shall be developed for recreational vehicle storage and so included in the development of the C C & R 's The motion was carried with the following roll call vote. AYES. 3 COMMISSIONERS. Ricker, Hart, Warren NOES 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Sonju and Davis It was moved by Commissioner Ricker and seconded by Commissioner Hart to approve the revised plans of Tentative Tract No 7793 subject to the following conditions. 1 Developer shall conform to all applicable provisions of the City Code 2 Landscape plans for the common green areas shall be prepared by a registered landscape architect and approved by the Planning Commission 3 Location of tot lots, play equipment, passive areas and other facilities in common green areas shall be subject to Staff approval -8- Planning Commission Minutes September 7 1972 4. C>C & R 's shall be subject to approval of Staff and City Attorney 5 All open off-street parking spaces shall be designated for guest parking 6 The walls separating the individually owned units must be two separately constructed one hour fire wails Also, the wall construction separating these living units shall provide a sound transmission class (STC) cf at least 45 Test for STC shall conform with ASTM E90 -61T0 7 Drainage fees shall be paid in accordance with Master Plan of Drainage 8. Drainage shall be solved to the satisfaction of the City Engineer. 9 Drainage easements shall be dedicated to the City as required 10 Street lights shall be installed per City standards 11 Advance street light energy charges shall be paid 12 Tree planting and landscaping on arterial and interior streets shall be to the satisfaction of the Staff City street tree policy shall be used as a guide. 13 A cash deposit of five hundred dollars ($500 00) shall be posted with the City of Cypress to cover the testing of a qualified agricultural laboratory to determine the organic and chemical amendments required for optimum growth in plant- ing trees 14 Minimum street grade shall be 0 20% except in the event that dirt is required to be imported 15 Alley grades shall be to the satisfaction of the City Engineer 16 Minimum curb radius on streets shall be twenty-five (25') feet and all property and alley radii shall be fifteen (15') feet. 17 Cul de Sac radius' shall be to the satisfaction of the City Engineer 18 Hammerhead and angle between hammerhead and centerline of alley shall be subject to approval of City Engineer The hammerhead at the end of G -G Alley (Avenue) shall be revised to the satis- faction of the City Engineer 19 Orangewood Avenue, Holder Street and Knott Street shad be dedicated and fully improved in accordance with the Master Plan of Streets and Highways 20 No building permits shall be issued until the conditional use permit is modified 21 The developer shall dedicate a fifteen foot (15') strip of land between the South boundary of the Stanton Storm Channel and the North boundary line of the development to the City of Cypress and area shall he developed in accordance with the Standards established by the City Staff for a Bicycle Trailway System -9- Planning Commission Minutes September 7 1972 22 The developer shall dedicate an additional eight foot (8') easement on Orangewood Avenue, Holder Street and Knott for trailways and develop in accordance with the standards estab- lished by the City Staff for a Bicycle Trailway System 23 All vehicular access rights shall be dedicated to the City of Cypress for Orangewood Avenue Holder Street and Knott Streets and all vehicular and pedestrian access right shall be dedicated to the City of Cypress for that fifteen foot (15') strip North of the northerly boundary line 24 Street sections shall be established by the City Engineer All alleys shall be twenty-six (26') minimum width 25 Interior street structural sections to be based on recommenda- tions and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using T I. of 5 for streets with forty feet (40') of paving Cul de Sat street shall be designed with a T I of 4 City Engineering Division will determine struc- tural section for Orangewood Avenue, Holder Street and Knott per report from Orange County Road Department Materials Laboratory Alley sections shall be per City standards 26. There shall be five foot (5') walkways, parkway arid public utility easement adjacent to curbs on all streets 27 Adequate walkways shall be provided to allow pedestrian travel from one area to another without crossing directly into park- ing areas Master Plan of Walkways shall be submitted for approval by the Staff 28 All streets shall be dedicated and improved within the boundar- ies of the development 29 Location of all street furniture shall be approved by the City Engineer 30 Water system shall be a circulation type 31 Necessary fire hydrants shall be installed in acccrdante with Fire Department requirements and City standards 32 All secondary and primary utility services shall be undergvund 33. Electrical and telephone cable runs shall be located adjacent to alleys Transformers for electrical service and distribution points for telephone service shall be located in common green areas Common trenches shall be used for TV, electrical and telephone cables 34 Installation of cable TV shall be subject to any City ordinances or regulations which are in effect at time of recordation of each Final Map 35 A six foot (6') high ornamental concrete block wall shall be constructed or a cash deposit submitted along the southerly boundary line of Lot "L" on the northerly side of the project No fences shall be constructed along Orangewood, Holder, or Knott. All fences constructed at the entryways to the project along the side yards shall be approved by the Planning Staff 36 Plan check and inspect -ion fees amounting to 311% of the public improvements shall be paid. -10- Planning Commission Minutes September 7, 1972 37. Sewer manholes shall not be lo:laa in green belt areas 38 A Master Plan of Sewers Storm Drains, and Street Grades shall be submitted for approval Master Plan shall also show phasing and boundaries of units with schedule for major street improve- ments for Holder, Knott and Orangewood Avenues for approval by the Staff 39 Developer shall maintain all City sewers downstream of the area being developed within the holdings of the Woodbine Corp- oration until accepted by the City Pian for guarantee of sewer maintenance and emergency service shall be submitted to City Engineer for approval prior to recordation of first Final Map. 40 Maximum length of dead end alleys without full hammerheads shall be one -hundred fifty feet (150') Location of garages on end of dead end alleys shall be subject to the approval of the City Engineer 41 Garages on corner lots shall be located on lots so as to provide maximum sight distance for traffic 42 Developer shall contribute the cash equivalent of the value of two (2) acres of the property in question for the acquisition of future park sites 43 If the Tentative Tract is developed by units, each unit shall have storm water controlled by facilities to the satisfaction of the City Engineer 44 Developer shall submit bonds guaranteeing improvement of Orange- wood Avenue within 2 years after recordation of first final map. 45. Clearance between townhouse buildings shall be ten feet (10') 46 The following information shall be submitted at the same time as the conditional use permit modification. a Location of buildings upon each lot, square footage, height, and size of buildings b Lot dimensions c All elevations indicating type of construction and materials to be used d Show percentages of building coverages and open space 47 Area and alley lighting plans shall be coordinated with Engineer- ing Division street lighting plans prior to submittal 48 Parking recreational vehicles and boats shall be controlled by C C & R 's 49 Where a block wall abuts a parking area, curbs shall be installed three feet (3') from face cf wall 50 There shall be a minimum of two and cne half (21) parking spaces per unit exclusive of spaces on 41' streets or wider 51 The entrance street at Knott Avenue shall have a minimum cf twenty feet (20') per lane 52 Street No 1 between end of "B and C -C" shall incorporate land- scaping and walkway subject to approval of City Staff -11- Planning Commission Minutes September 7, 1972 53 Details of the street sections shall be approved by the City Engineer The motion was carried with the following roll call vote. AYES* 3 COMMISSIONERS. Ricker, Hact, Warren NOES. 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS Sonju and Davis Mr Bernard McCune addressed the Commission and extended an invitation to them for a tour of some of S. & S 's development within the County REPORTS OF OFFICERS AND COMMISSIONERS. There was discussion regarding the joint mee': ng with the City Council and also the preparation of an agenda for the meeting Mr Hawley also reminded the Commission of the Fairhousing Luncheon on September 8, 1972, at the Saddleback Inn in Santa Ana ADJOURNMENT. Being no further discussion, it was moved by Commissioner Hart seconded by Commissioner Ricker and unanimously carried to adjourn the meeting at 9.15 p m to Monday, September 11, 1972, at 4°00 p m in order to conduct a joint meeting with the City Council ATTEST. ALIT. AL2.0 SECRE ARY OF HE PL° NING C0 11SSION CHAIRMAN OF THE PLANNING COMMISSION -12- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD September 21, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.07 p.m., on Thursday, September 21, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT. Commissioners Ricker, Sonju, Hart and Warren ABSENT: Commissioner Davis Also present were Planning Director, Brian Hawley, Public Works Director/City Engineer, Art Schatzeder, Assistant City Engineer, Ray Coakley, Deputy City Attorney, Bud Fish, and Traffic Engineering Assistant, Don Barker. STAFF REPORTS AND DISCUSSIONS. Nomination of Chairman and Vice Chairman It was moved by Commissioner Sonju, seconded by Commissioner Warren and unanimously carried to delay the nomination of a chairman and vice chairman until the last item on the afternoon session in order to have a full commission MINUTES: The minutes of September 7, 1972, were continued to one of the last items on the afternoon session Architectural and Landscape Review -- Stokes It was the consensus of the Planning Commission to conduct architectural and landscape review in the conference room of the City Council Chambers The Commission discussed the architectural and landscape plans for Stokes Trucking located at 4614 Lincoln Avenue, Cypress There was discussion re- garding the following items: the proposed landscape areas on the development, the types of trees to be used, the widening of the driveway, additional land- scaping on the east side of the development, and the specimen of tree to be planted Being no further discussion it was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the architectural and landscape plans for Stokes Trucking subject to the following condition. 1 Plans of the irrigation system shall be submitted to the approval of the Planning Director. Consideration of the Realignment of Cerritos Avenue Mr Hawley stated that it was his recommendation that the tree be removed and that the construction of the street be in accordance with the design standards for a primary highway. He further stated that the removal should be subject to OF the condition that the applicant install another specimen tree somewhere else on the property to the specifications of either the Planning Director or the Planning Commission. Planning Commission Minutes September 21, 1972 Art Schatzeder and Don Barker representing the Public Works Department made a slide presentation for the Commission's consideration along with a brief review of the traffic situation Commissioner Sonju stated that she feels the street could be designed safely to include the tree and therefore the tree should remain She further stated that the speed limit could be reduced to 35 miles per hour, the tree could be trimmed and/or adequate signing could be provided for the street Commissioner Ricker stated that he felt the elimination of the right turn lane would present a serious traffic problem He further stated that as much as he would like to see the tree remain he feels that the safety factor is an overriding consideration and therefore the tree should be removed. Commissioner Hart stated that he did not feel he could ignore the recommendations of both the Traffic Committee and the Public Works Department He further stated that while the idea of saving Landmark trees is commendable he would also feel that the increased convenience of having the street widened would be necessary to the normal development of population He added that he would be in favor of removal of the tree It was moved by Commissioner Ricker and seconded by Commissioner Hart to approve the realignment of Cerritos Avenue as proposed by the Public Works Department and that the developer be required to plant another specimen tree minimum 36 in box size some place in the parking area of the proposed development It was moved by Commissioner Sonju to amend the original motion to approve the realignment of Cerritos Avenue as proposed by the Public Works Department and that the developer be required to plant two specimen trees to replace the one tree being removed The motion died for lack of a second The motion was then voted on The motion was carried with the following roll call vote. AYES• 3 COMMISSIONERS• Ricker, Hart Warren NOES 1 COMMISSIONER• Sonju ABSENT. 1 COMMISSIONER Davis Nomination of Chairman and Vice chairman It was the consensus of the Planning Commission to postpone the nomination of a Chairman and a Vice Chairman to the evening session of the Planning Commission meeting MINUTES• September 7, 1972 It was requested by Commissioner Warren that the following change be made on Page 12, Paragraph 3 Mr. Bernard McCune addressed the Commission and extended an invitation to them for a tour of S & S developments within the County Being no further corrections or additions it was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the minutes of September 7, 1972, as corrected. - 2 - Planning Commission Minutes September 21, 1972 General Plan Elements and Zoning Ordinance Mr Hawley gave a brief synopsis of what he was planning as far as the elements of the General Plan were concerned as well as what would be included in the new zoning ordinance There was brief discussion on these topics by the Commission RECESS Chairman Warren declared a recess of the Planning Commission at 5 45 p m until 7 30 p m CALL TO ORDER. The meeting of the Cypress Planning Commission was called back to order at 7:32 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, Cali- fornia, Commissioner Warren presiding PRESENT Commissioners Ricker, Sonju, Hart Warren ABSENT. Commissioner Davis Also present were Planning Director, Brian Hawley, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley EXECUTIVE SESSION: The Chairman adjourned the meeting at 7.33 p m to an executive session in order to discuss matters of personnel COMMISSIONER DAVIS ARRIVED AT 7:39 P M CALL TO ORDER. The Chairman called the meeting back to order at 7.58 p m with all Commissioners present It was stated that at this time the Chair would accept nominations for Chairman of the Planning Commission It was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to nominate Hilliard Warren as Chairman of the Planning Commission Chairman Warren stated that he would accept nominations for the position of Vice Chairman It was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to nominate Sonia Sonju as Vice Chairman of the Planning Commission ORAL COMMUNICATIONS• There were no oral communications at this time PUBLIC HEARINGS CONTINUATION OF A PUBLIC HEARING RE: ZONE CHANGE NO Z-215 -- ACACIA DRIVE• The Chairman stated that this was the time and place to consider an amendment Planning Commission Minutes September 21, 1972 to the Zoning Ordinance No 90 to change the zone of property located along Acacia Drive from R-3 (Multiple -Family Residential) Zone to R -E (Residential Estate) Zone and known as Zone Change No Z-215 The Chairman declared the public hearing open and requested the staff to present its report Prior to any testimony being given, Commissioner Hart stated that he had listened to the tapes of the previous hearing on this same subject matter and he, therefore, would be participating in the discussion of this hearing. Commissioner Davis stated that he had not listened to the tapes of the previous hearing and he would not be participating in this public hearing Mr Hawley presented Planning Staff Report PC#72-67 for the Commission's consi- deration Mr Hawley read into the record one letter that was received prior to the meeting from Mrs Vickie Evans, 9326 Cambridge, Cypress, in favor of the rezoning on Acacia Drive Mr Hawley further stated that he would not be in favor of having any of the property on Acacia Drive rezoned on an in- dividual lot basis He stated that he would prefer the entire area rezoned The Secretary of the Planning Commission briefly reviewed for the Commission's benefit both the petitions in favor as well as those against the rezoning of Acacia Drive. The Chairman asked if there was anyone wishing to speak in favor of the application to rezone the property on Acacia Drive to R -E (Residential Estate). The following people spoke in favor of the rezoning of Acacia Drive Mrs John Van den Raadt 8644 Acacia Drive Cypress California The Chairman asked if there was anyone wishing to speak against the rezoning of Acacia Drive. The following people spoke against the zone change: Mr Cor Vander Dussen, 7492 Moody Street, La Palma, California G W Sinclaire, 8602 Acacia, Cypress, California 90630 Mr Vander Dussen stated that he was the appointed and acting agent for several of the property owners who were opposed to the zone change He further stated that he was representing Warmington Construction Company Mr Everett Weerheim, 8541 Acacia Drive Cypress addressed the Commission and gave some background information on the property on Acacia Drive as requested by the Commission There was discussion regarding taxes on the property and also the inclusion of the three lots fronting on Crescent Avenue in the rezoning Also there was discussion on why the property was originally zoned R-3 (Multiple -Family Residential) Being no further discussion, it was moved by Commissioner Sonju, seconded by Commissioner Hart and unanimously carried to close the public hearing Commissioner Ricker stated that he felt the Commission should consider the best interest of the City He stated that he feels there is an increasing trend towards more open space as well as the reduction in density of popu- lation and he would consider the R -E Zone a definit asset to the City He further stated that he would be prepared to vote in favor of the zone change. - 4 - Planning Commission Minutes September 21, 1972 Commissioner Hart stated that he felt the property owners should be taken into consideration that are currently living on the property and would like to see it remain R-3 Commissioner Sonju stated that the one thing the Commission is suppose to consider on a zone change is the highest and best use of the land She stated that the Commission had established the R -E Zone and she feels that there is no better area in the City that would fit this zoning classification than the property on Acacia Drive t was moved by Commissioner Sonju and seconded by Commissioner Ricker to adopt a Resolution recommending to the City Council that Zone Change No Z-215 be approved The motion was carried with the following roll call vote - AYES: 3 COMMISSIONERS: Ricker, Sonju, Warren NOES 1 COMMISSIONER* Hart ABSTAIN 1 COMMISSIONER Davis It was moved by Commissioner Sonju seconded by Commissioner Ricker and unani- mously carried to direct the staff to convey the feelings of the Planning Commission to the adjoining jurisdictions regarding their action on this matter RECESS. Chairman Warren declared a recess at 9.08 p m The meeting was called back to order at 9'17 p m , with the following Commissioners present: PRESENT: Commissiones Ricker, Sonju, Hart, Warren, Davis ABSENT' None CONTINUATION OF A PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO C-280 -- BURGMAN AND DECELL. The Chairman announced that this was the time and place to consider an appli- cation for a Conditional Use Permit to allow the construction of a building in a C-1 (Neighborhood Stores) Zone in excess of 5,000 square feet on pro- perty generally located on the northwest corner of Orange and Moody Streets, Cypress, and known as Conditional Use Permit No, C-280 The Chairman declared the public hearing open and requested the staff to present its report Prior to any testimony being given, Commissioner Hart and Commissioner Davis both stated that they had not listened to the tapes of the previous public hearing and they would not be participating in the following discussion Mr Hawley presented Planning Staff Report PC##72-68 for the Commission's con- sideration He also stated that there were no oral or written communications received either in favor or against the request for a conditional use permit He stated that the applicant had submitted a revised copy of the plot plan for the Commission's benefit The Chairman asked if there was anyone wishing to speak either in favor or against the application for conditional use permit There was no one at this time The Chairman asked if the applicant was present and wished to speak F' in favor of his project, The applicant was not present - 5 - Planning Commission Minutes September 21, 1972 Due to the fact that the applicant was not present it was the consensus of the Planning Commission to continue the item It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to continue the consideration of Conditional Use Permit No C-280 to the October 5 1972, meeting. PUBL C HEARING RE: CONDITIONAL USE PERMIT NO C-281 -- CHARLES QULNETTE• The Chairman announced that this was the time and place to consider an application for a Conditional Use Permit to allow the on -premise sales of alcoholic beverages in conjunction with an established restaurant in the C-1 (General Commercial) Zone on property generally located cn the northwest corner of Ball Road and Holder Street, Cypress, submitted by Charles Quinette, and known as Conditional Use Permit No C-281 The Chairman declared the public hearing open and re- quested the staft to present its report Mr Hawley presented Planning Staff Report PC4#72-69 for the Commission's con- sideration Mr Hawley also stated that there had been no oral or written communications received either in favor er against the request for a condi- tional use permit Commissioner Sonju stated that it was a policy of the Planning Commission to deny any modification of a use permit if the original conditions had not been met She further stated that this was an instance where she felt this should be applied since the landscape requirements previously established by the Commission had not been satisfied The Chairman asked if there was anyone wishing to speak either in favor or against the proposed request There was no one at this time It was moped by Commissioner Sonju, seconded by Commissioner Hart and unani- mously carried to continue the consideration of Conditional Use Permit No C-281 until the meeting of October 5, 1972 PUBLIC HEAR".LNG RE, CONDITIONAL USE PERML'T NO. C-282 -- CYPRESS PLAZA ENTERPRISES. The Chairman announced that this was the time and place to consider an appli- cation for a conditional use permit to establish operate, and maintain a theater within an existing shopping center in the C-1 cGeneral Commercial) Zone on property located at 9811 Walker Street, Cypress, California submitted by Cypress Plaza Enterprises and known as Conditional Use Permit No C-282 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#72-71 for the Commission's consideration Mr. Hawley then read a letter into the record that was received in opposition to the proposed theater from Gloria Knight, 9823 Spruce Court, Cypress The Chairman asked if the applicant wished to speak regarding this matter Mr. Bob Tabak, 500 S Main Street, Orange, addressed the Commission and stated that these theaters would be double sound proofed and would be family -type theaters with no X-rated movies being shown He further explained that in order to attract families at these theaters the prices would be less than what is normally charged at other theaters There was then brief discussion regarding the sign that would be used Mr Tabak explained that the sign would not be above the roof line He also stated that there would be an attendant on the premises at all times. - 6 - Planning Commission Minutes September 21, 1972 The Chairman asked if there was anyone wishing to speak in favor of the appli- cation Mr Ronald Smith, 9932 Barcelona, Cypress, addressed the Commission and stated that he would be very much in favor of having the theater built in this particular location The Chairman asked if there was anyone wishing to speak against the proposed theater. No one spoke at this time There was discussion by the Commission regarding the trash areas and the parking lot in the rear of the project. There was also discussion on revenue that would be received from the theater Being no further discussion the Chairman declared the public hearing closed It was moved by Commissioner Hart and seconded by Commissioner Davis to approve Conditional Use Permit No C-282 subject to the following conditions: Approval of this application shall not excuse the applicant from compliance with all applicable ordinances in effect at the time this permit becomes effective The applicant shall obtain all necessary building, plumbing and electrical permits to the specifications of the Building Official 2 All advertising and identification signs connected with this use shall be located on the building as specified by the Flanning Commission and in conformance with the Zoning Regulations No additional freestanding signs shall be permitted Permitted signs shall not blink, flash or be animated in any manner 3, All lighted advertising and identification signs connected with this use shall be turned off nightly at 12.00 p rn 4, Signs shall not project above the roof line of the building. The motion was carried with the following roll call vote. TO WIT. ALL AYES PUBLIC HEARING RE ZONING DETERMINATION NO 72-8 -- FIRESTONE TIRE & RUBBER COMPANY: The Chairman announced that this was the time and place to consider a request for a zoning determination to allow a wholesale tire outlet in the H -C (Highway Commercial) Zone on property generally located at 5592 Lincoln Avenue, Cypress, received from Firestone Tire & Rubber Company, 6333 Telegraph Road, Los Angeles, California, and known as Zoning Determination No 72-8 The Chairman declared the public hearing open and requested the staff to present its report. Mr. Hawley presented Planning Staff Report FC#72-70 for the Commission's consi- deration Mr Hawley stated that there had been no written or oral communications received either in favor or against the zoning determination request The Chairman asked if there was anyone wishing to speak either in favor or against F the request, No one spoke at this time - 7 Planning Commission Minutes September 21, 1972 Discussion followed regarding the nature of the proposed use, the signing program and possible conditions of approval Being no further discussion it was moved by Commissioner Ricker, seconded by Commissioner Davis and unanimously carried to close the public hearing It was moved by Commissioner Ricker and seconded by Commissioner Hart that the Commission find that the proposed use is a permitted use in the H -C (Highway Commercial) Zone subject to the following condition 1 No outdoor display or storage of tires or other accessories in connection with the subject use shall be permitted. It was moved by Commissioner Sonju to amend the original motion to read as follows. 1 The signs painted on the building shall be removed to the specifications of the Planning Director The motion died for lack of a second. The original motion was then voted on The motion was carried with the following roll call vote: TO WIT. ALL AYES REPORTS OF OFFICER AND COMMISSIONERS: The Chairman briefly discussed what was covered at the joint meeting with the City Council for the benefit of the two new Commissioners ADJOURNMENT: Being no further discussion the Chairman declared the meeting adjourned at 10.51 p.m. until Thursday, September 28, 1972, at 7.00 p m CHAIRMAN OF THE PLANNING COMMISSION ATTEST• 111 . ■rte---L=- SECARY OF THE PL ING CO 1ISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD September 28, 1972 The adjourned regular meeting of the Cypress Planning Commission was called to order at 7'18 p.m , on Thursday, September 28, 1972, in the Administrative Conference Room, 5275 Orange Avenue, Cypress, California Chairman Warren presiding PRESENT. Commissioners Ricker, Hart, Warren, Davis ABSENT Commissioner Sonju Also present was Brian Hawley, Planning Director STATUS REPORT ON THE PROPOSED ZONING ORDINANCE Mr Hawley presented a report to the Planning Commission regarding the proposed zoning ordinance He stated that he would go through each section of the report with the Commission for their review and consideration Sections 1 through 8 Mr Hawley explained briefly that the first seven sections were merely the language and different terms that would be used to describe the ordinance He stated that only terms would be used that had a definite need in the ordinance but that further definitions might be added before the ordinance was completely finished Sections 9, 10, 11, and 12 The Planning Director stated that there would be various zone classifications in the new ordinance He stated that there would be four basic zone categories -- residential commercial, industrial and other special zones -- designed to achieve the general objectives of the General Plan. Mr, Hawley stated that there would be three residential zones, four commercial zones two industrial zones and approximately five special purpose zones There was discussion regarding the special purpose zones Mr Hawley explained that a PRD zone would allow more flexibility for residential development since there was no minimum lot size, however, the maximum density allowed would be that which is designated on the General Plan It was also stated that a PC zone allows for any type of urban development A developer would be required to submit plans, maps, etc. before a rezoning could actually be considered. In a sense, the Commission would be adopting a mini master plan prior to rezoning. It was suggested by Mr Hawley that there be a 25 acre minimum area for the PC Zone. Sections 13 through 18 There was discussion on requirements for development within the zoning ordinance as well as the rezoning procedure The Planning Director briefly described each section of the proposed zoning ordinance for the Commission's consideration Commissioner Ricker suggested that a monthly report be given to the Planning Commission on matters that do not come before them at their meetings Commis- sioner Ricker stated that he would like to be aware of what the staff is doing Planning Commission Minutes September 28, 1972 There was discussion by the Commission regarding design standards of the zoning ordinance as well as design review Mr Hawley stated that design review would be required on almost all developments RECESS. Chairman Warren declared a recess at 8:45 p.m. The meeting was called back to order at 8 51 p m with the following Commissioners present - PRESENT. Commissioners Ricker, Hart Warren, Davis ABSENT. Commissioner Sonju Mr Hawley explained to the Commission that the next thing that he wanted to present to the Commission would be an initial draft of the Zoning Ordinance He then stated that he would like the Commission's comments and suggestions on the text. There was then discussion by the Commission regarding the General Plan, the Zoning Map, and the fact that the Zoning Map should conform to the proposed zoning text as well as be related to the General Plan Discussion then ensued on the other elements of the General Plan It was pointed out by Mr Hawley that the Research Assistant was presently working on a conservation element and scenic highway element and also updating the open space element and their relationship to the Townscape Element. There was discussion regarding various locations in the City and as to what would be dcne with them when the new zoning went into effect The tank farm Forest Lawn Cemetery, and the race track were three major areas that were discussed as well as their zoning ADJOURNMENT. Being no further discussion at this time, it was moved by Commissioner Hart, seconded by Commissioner Davis and unanimously carried to adjourn the meeting ar 9-12 p m, until Thursday, October 5, 1972, at 4.00 p m ATTEST: SE RETAR1 F THE PLANNING COSSION CHAIRMAN OF THE PLANNING COMMISSION - 2 - MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD October 5 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.15 p m , on Thursday, October 5, 1972 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Charman Warren presiding PRESENT' Commissioners Ricker Hart, Warren, Davis ABSENT Commissioner Sonju Also present were Planning Director Brian Hawley, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley STAFF REPORTS AND DISCUSSIONS. Extension on Variance No v-270 The Chairman announced that there would be a discussion regarding a request for an extension on Variance No V-270 Mr Hawley presented Planning Staff Report PC#72-74 for the Commission's consideration There was discussion on the fact that the sign had been up illegally for over a year Mr Hawley explained than this should not happen again in the future due to the fact that a recall file has been set-up in the Planning Department for the purpose of notifying developers when the variance has expired He further stated that when the time expires the developer can either apply for a time extension: or remove the sign The following items were also discussed in relation to this request for time extension the size of the sign, the number of signs on the property, and the development with which this sign is associated Being no further discussion it was moved by Commissioner Hart and seconded by Commissioner Ricker to approve a six-month extension on Variance No V-270 subject to the conditions :,f prior approval and also subject to the fact that the Planning Commission finds that an extension of time will not have any significant effect on the environment The motion was carried with the following roll call vote: AYES' 4 COMMISSIONERS Ricker, Hart, Warren, Davis NOES 0 COMMISSIONERS. None ABSENT. 1 COMMISSIONER• Sonju It was moved by Commissioner Hart, seconded by Commissioner Davis and unanimously carried to place Item ilia on the agenda regarding the extension of time on Variance No V-271 Extension on Variance No V-271 The Chairman announced that there would be a discussion regarding a request for an extension on Variance No V-271 Mr Hawley presented a report for the Commission's consideration regarding the extension Discussion ensued regarding the number cf signs already on the property There was also discussion by the Commission regarding the fact that anytime they received a request for an extension it would be wise to check and see if the developer is in compliance with the City Code and the original conditions of approval -1- Planning Commission Minutes October 5, 1972 It was moved by Commissioner Davis that a policy be established whereby the Plan- ning Director approves the initial six-month extension on a sign and any follow- ing extensions would be brought before the Planning Commission for their approval After discussion Commissioner Davis withdrew his motion Being no further discussion it was moved by Commissioner Davis and seconded by Commissioner Hart to approve a six-month extension on Variance No V-271 subject to the conditions of prior approval and also subject to the fact that the Plan- ning Commission finds that an extension of time will not have any significant impact on the environment The motion was carried with the following roll call vote. AYES. 4 COMMISSIONERS• Ricker Hart Warren, Davis NOES: 0 COMMISSIONERS None ABSENT: 1 COMMISSIONER. Sonju RECESS. Chairman Warren declared a recess at 4.42 p m The meeting was called back to order at 4.55 p m with the following Commissioners present. PRESENT. Commissioners Ricker, Hart, Warren, Davis ABSENT Commissioner Sonju The City Attorney explained for the benefit of the Planning Commission that due to a recent Supreme Court ruling all but one item on the Commission's agenda would have to be continued due to the fact that they would either need an en- vironmental impact statement or a policy decision would have to be made by the City Council He further suggested that the applicants be notified that the matters would have to be continued so that they would not have to come tonight if they so desired There was lengthy discussion regarding the Supreme Court's decision on the environmental impact statement It was moved by Commissioner Davis, seconded by Commissioner Ricker and unanimously carried to place on the agenda the item con- cerning the Supreme Court ruling It was the consensus of the Planning Commission to direct the Planning Director to convey to the City Council the concern of the Planning Commission as to some clarification of the State's Supreme Court decision regarding the case "Friends of Mammoth" so that they can make reasonable determinations on the items that come before them and so the public can have final decisions on the various public hearings New Research Assistant At this time Mr Hawley introduced to the Commission Jim Fitzpatrick, Research Assistant for the Planning Department and explained the various projects that he was working on for the Department He stated that he was currently working on the Conservation Element and the Open Space Element of the General Plan Proposed New Zoning Ordinance Mr Hawley outlined for the benefit of the Commission the proposed zoning ordi- nanee portions of which he had passed out to the Commission He explained that the first few pages of the ordinance were to familiarize the Commission with the language and the organization of the ordinance Included in the first part of the ordinance were the residential zoning classifications Also included were property development standards, special requirements and general requirements as well as performance standards -2- Planning Commission Minutes October 5, 1972 Mr Hawley then explained that he had tried to eliminate regulation by defini- cion in the new ordinance There was discussion on the following items• property grade differences the number of proposed R zone classifications and high density multiple family along Lincoln Avenue Mr Hawley suggested that as an interim usage, residential uses be permitted in conjunction with a commercial development in the Highway Commercial Zone subject to the granting of a conditional use permit There was discussion on the special zones that had been proposed and also the difference between the zones Discussion arose regarding a cemetery zone Mr Hawley explained that the proposed PS Zone contained provisions for cemeteries He stated that he would be providing development standards for various special uses sometime next year as supplemental items Mr Hawley asked the Commission if they wanted to look at the text and the map at the same time or if they wanted to review the text separately from the map There was discussion on this item Mr Hawley stated that he planned to have the completed text of the proposed Zoning Ordinance finished and available for the Commission at their meeting of October 19, 1972 He also stated that he would like to have a preliminary zoning map with the proposed zones illustrated ready to present to the Commission There was also discussion regarding small lots in the City of Cypress and whether or not there should be some incentive zoning in cases like these In closing, there was brief discussion regarding required parking in the various zones RECESS: Being no further discussion at this time Chairman Warren declared a recess at 6.03 p m until 7.30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7 45 p m in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT. Commissioners Ricker, Sonju, Hart, Warren Davis ABSENT: None Also present were Planning Director, Brian Hawley and Deputy City Attorney, Bud Fish ORAL COMMUNICATIONS: There were no oral communications at this time PUBLIC HEARINGS: CONTINUATION OF A PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-280 -- BURGMAN & DECELL: The Chairman announced that this was the time and place to consider an application for a conditional use permit to allow the construction of a building in a C-1 (Neighborhood Stores) Zone in excess of 5,000 square feet on property generally located on the northwest corner of Orange and Moody Streets, Cypress, submitted by Burgman & DeCell Development Corporation, and known as Conditional Use Permit No C-280 The Chairman declared the public hearing open Prior to the Secretary presenting his report the Chairman asked the City Attorney to give an explanation regarding the recent Supreme Court ruling The Attorney stated that the recent case of "Friends of Mammoth vs Mono County" requires an environmental impact statement prior to the approval of any kind of conditional use permit, variance etc for all private developments in addition -3- Planning Commission Minutes October 5 1972 to public developments He stated that the only exception would be the case where the proposed development would have only a trivial effect on the environ- ment The attorney further stated that the Commission had no alternative but to continue the items on the agenda this evening to a later date until such time ars environmental impact statement could be attained He went on to explain that the City Council at its next regular meeting would have the duty of determining the standards that the Planning Commission would follow in determining whether or not a certain project needed an environmental impact statement He stated that the public hearings would be opened and continued to a later date He further stated that Items #1 #3 #4 and #5 would have to be continued until further information could be obtained on the environmental impact statement Regarding public hearing number one the Chairman asked if there was anyone wishing to speak either in favor or against the proposed development There was no one at this time Mr Hawley stated that there had been no communications received either in favor or against the proposed conditional use permit application It was moved by Commissioner Sonju, seconded by Commissioner Hart and unan- imously carried to continue this matter to the October 19, 1972, meeting It was moved by Commissioner Ricker, seconded by Commissioner Davis and unan- imously carried to take Item #3 out of order PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-283 -- KOTAKE INC . The Chairman announced that this was the time and place to consider an applica- tion for a conditional use permit to establish operate and maintain a drive-thru restaurant on property located at 5981 Orange Avenue, Cypress, California, and known as Conditional Use Permit No C-283 The Chairman declared the public hearing open It was moved by Commissioner Ricker, seconded by Commissioner Sonju and unan- imously carried to consider Item #4 in conjunction with Item #3 due to the fact that they were related PUBLIC HEARING RE: VARIANCE NO V-314 -- KOTAKE INC : The Chairman announced that this was the time and place to consider an applica- tion for variance to increase the seating capacity from 30 persons as restricted in the zoning regulations to a maximum capacity of 47 persons on property located at 5981 Orange Avenue, Cypress, California, in the C-1 (Neighborhood Stores) Zone, requested by Kotake Inc , 12463 E Alondra Blvd , Norwalk, California, and known as Variance No V-314 The Chairman declared the public hearing open The Chairman asked if the applicant wished to speak in favor of the applications The applicant stated that he would wait and speak at the October 19, 1972, meeting when the two items were continued The Chairman asked if there was anyone else wishing to speak regarding these two projects Mr Ray Sanborn, 9462 Lime Circle, Cypress, addressed the Commission and raised questions on the following matters. the height of the block wall privacy of the yards adjoining the property, privacy from trash areas and bumper stops in the parking lot to prevent cars from running into the wall and causing damage Another point that was brought up was access to the alley from the restaurant Being no further discussion it was moved by Commissioner Sonju seconded by Com- missioner Hart and unanimously carried to continue consideration of Conditional Use Permit No C-283 to the October 19 1972, meeting It was moved by Commissioner Davis, seconded by Commissioner Hart and unanimously carried to continue the consideration of Variance No V-314 to the October 19 1972, meeting -4- t Planning Commission Minutes October 5 1972 It was moved by Commissioner Sonju, seconded by Commissioner Hart and unanimously carried to take Item #5 out of order. PUBLIC HEARING RE: VARIANCE NO V-313 -- KEN TER BORCH: The Chairman announced that this was the time and place to consider an application for variance to divide an existing parcel of land in the R-3 (Multiple -Family Res- idential) Zone into two parcels having less than the minimum area required by the zoning regulations and also a variance to construct an apartment building in excess of the height limit of the zoning regulations on property generally located on the south side of Newman Street opposite Graham, requested by Ken Ter Borch, 11722 Foster Road, Rossmoor, California and known as Variance No V-313 The Chairman declared the public hearing open The Chairman asked if there was anyone wishing to speak either in favor or against the proposed project Esther Knight, 9261 Graham Circle, Cypress, addressed the Commission and stated that she would be in favor of development on this particular property She also asked questions regarding the privacy of homeowners next to this development and whether or not this would be a two story development Mr Ken Ter Borch, the developer for the property, 11722 Foster Road, Rossmoor addressed the Commission and stated that he would be glad to show the property owners the plans of the development and how the development would not be invading their privacy It was moved by Commissioner Hart, seconded by Commissioner Davis and unanimously carried to continue the consideration of Variance No V-313 to the October 19 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Davis and unanimously carried to take item #1 under "Other Matters" out of order OTHER MATTERS: Division of Land #40 -- Ken Ter Borch: It was moved by Commissioner Davis, seconded by Commissioner Hart and unanimously carried to continue the consideration of Division of Land #40 to the October 19, 1972, meeting PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-281 -- CHARLES QUINETTE: The Chairman announced that this was the time and place to consider an application for a Conditional Use Permit to allow on premise sales of alcoholic beverages in conjunction with an established restaurant in the C-2 (General Commercial) Zone on property generally located on the northwest corner of Ball Road and Holder Street, Cypress, submitted by Charles Quinette and known as Conditional Use Permit No C-281 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#172-69 for the Commission's considera- tion Mr Hawley also stated that there had been no written or oral communications received either in favor or against this item The Chairman asked if the applicant wished to speak in favor of the application Mr Charles Quinette, 26211 Mirada Street, Highland, addressed the Commission and spoke in favor of the application The Chairman asked if there was anyone wishing to speak against the application There was no one at this time -5- Planning Commission Minutes October 5 1972 There was discussion by the Commission and the applicant on the removal of the white rock surrounding the development as well as whether or not there was a permanent ground cover at the present time The Chairman declared the public hearing closed Being no further questions it was moved by Commissioner Sonju and seconded by Com- missioner Hart to approve Conditional Use Permit No C-281 since the Planning Com- mission finds no significant impact from this use on the environment and also subject to the following conditions. 1 This permit shall expire upon termination of the main use as existing at this time• that is, this conditional use permit shall not be deemed transferable to any use other than a restaurant of similar nature 2 Prior to or in conformance with the relocation of improve- ments along Holder Street the landscaping of setback areas on the subject property shall be completed in accordance with the requirements of the Planning Commission The ground cover shall be gazania The motion was carried with the following roll call vote TO WIT: ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS: Mr. Hawley stated that at their last meeting the City Council approved Robert Decker's variance and he would be submitting a copy of the conditions as approved by the City Council to the Planning Commission for their review There was brief discussion regarding the League of California Cities Conference on October 16, 17, and 18 ADJOURNMENT: Being no further business, it was moved by Commissioner Hart, seconded by Commissioner Davis and unanimously carried to adjourn the meeting at 8.38 p m until the next regular meeting of October 19, 1972 ATTEST: MI SE'RETARY IF THE PLANNING CO 1 SSION CHAIRMAN OF THE PLANNING COMMISSION -6- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD October 19, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4 10 p m , on Thursday October 19, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT: Commissioners Ricker, Hart, Warren, Davis ABSENT' Commissioner Sonju Also present were Planning Director, Brian Hawley and Assistant City Engineer, Ray Coakley MINUTES. The Chairman stated that the consideration of the minutes would be continued until the evening session STAFF REPORTS AND DISCUSSIONS Consideration of Revised Plans for Conditional Use Permit No. C-233 and Variance No V-288. Mr Hawley stated that he had received revised plot plans from the applicant indi- cating a relocation of structures on the subject property It was the consensus of the Commission to view the plans in the conference room of the Chambers Mr Robert Sanregret explained for the benefit of the Commission that the uses on the project were still the same He did state, however, that the amount of open space was more than on the previous plan He stated that they were not going to remove any of the landmark trees other than the large one on Cerritos Avenue There was discussion regarding landscaping along the side of the building as well as the fact that the applicants were in excess of the Code requirements by 17 parking spaces It was stated by the applicant that the architecture was basically the same There was discussion on the following items: composition shake shingles the windows running the full length of the side of the building, the signs and whether or not they would extend above the roof line COMMISSIONER SONJU ARRIVED AT 4.25 P M There was discussion by the Commission on the revised plans as well as the building and elevations plans There was also discussion by the Commission regarding drive- ways and a loading zone Discussion also ensued on the following items Landscaping, the texture of the shingles on the roof and the environmental impact statement Being no further discussion it was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the revised plans subject to the following conditions: 1 Approval subject to the final landscape and elevation plans being submitted to the Planning Commission 2 A contrasting material shall be employed along the building frontages This material may be brick or wood in conformance with the Building Codes Planning Commission Minutes October 19, 1972 3 Planters shall be provided as indicated on the original plot plans 4 All landmark trees shall be preserved except that the landmark tree on Cerritos Avenue shall be replaced with an acceptable substitute minimum 36" box size The Planning Commission also approved the environmental impact statement as submitted, MINUTES. September 21, 1972 It was requested by Commissioner Warren that the following change be made on Page 2, Paragraph 3: Commissioner Ricker stated that he felt the elimination of the right turn lane would present a serious traffic problem He further stated that as much as he would like to see the tree remain he feels that the safety factor is an overriding consideration and, therefore, the tree should be removed Being no further corrections or additions it was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the minutes of September 21, 1972, as corrected September 28, 1972 It was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the minutes of September 28, 1972, as written October 5, 1972 It was requested by Commissioner Warren that the following change be made on Page 2, Paragraph 4. Chairman Warren declared a recess at 4.42 p m The meeting was called back to order at 4 55 p m with the following Commissioners present. Being no further corrections or additions, it was moved by Commissioner Hart, seconded by Commissioner Ricker and unanimously carried to approve the minutes of October 5, 1972, as corrected At this time Chairman Warren requested to be excused in order to attend to a personal matter He then turned the chair over to Vice -Chairman Sonju and left at 5 00 p m Distribution of Proposed New Zoning Ordinance Mr Hawley distributed a copy of the proposed meeting dates for adoption of the new Zoning Ordinance He explained and outlined the schedule for the benefit of the Planning Commission There was a general overall discussion by the Commission regarding the new proposed Zoning Ordinance There was a brief discussion on home occupation permits and how they would be handled RECESS: Vice -Chairman Sonju declared a recess of the Planning Commission at 5.59 p m until 7:30 p m 2 - Planning Commission Minutes October 19, 1972 GALL TO ORDER. The meeting of the Cypress Planning Commission was called back to order at 7 38 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT. Commissioners Ricker Sonju Hart, Warren, Davis ABSENT* None Also present were Planning Director, Brian Hawley, Deputy City Attorney, Bud Fish, and Assistant City Engineer, Ray Coakley. ORAL COMMUNICATIONS: There were no oral communications at this time. PUBLIC HEARINGS. CONTINUATION OF A PUBLIC HEARING RE CONDITIONAL USE PERMIT NO C-280 -- BURGMAN & DECELL The Chairman announced that this was the time and place to consider an application for a Conditional Use Permit to allow the construction of a building in a C-1 Neighborhood Stores Zone in excess of 5,000 square feet on property generally located on the northwest corner of Orange and Moody Streets, Cypress, submitted by Burgman & DeCell Development Corporation, and known as Conditional Use Permit No C-280 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented a brief report for the Commission's consideration of the proposed project He further stated that the project would have only a trivial effect on the environment Also, he stated that there had been no written or oral communications received either in favor or against the application Due to the fact that Commissioners Hart and Davis had not listened to the original tapes of the first meeting on Conditional Use Permit No. C-280,both Commissioners abstained from voting on this application. RECESS: Chairman Warren declared a recess at 7:47 p m The meeting was called back to order at 7.48 p m , with the following Commissioners present. PRESENT. Commissioners Ricker, Sonju, Hart, Warren, Davis ABSENT None The Chairman asked if the applicant wished to speak in favor of the application Mr Roy DeCell 9451 Moody Street, Cypress, representing Burgman & DeCell Develop- ment Corp addressed the Commission and stated that he had modified the plans and he had tried to comply with the wishes of the Planning Commission He stated that he would be available to answer any questions that the Commission might have The Chairman asked if there was anyone else wishing to speak in favor of the appli- cation. There was no one at this time The Chairman then asked if there was anyone wishing to speak against the application There was no one at this time There was discussion regarding the following items' the conditions of approval, landscaping, the wall along Moody Street and the fact that there were no openings a 3 ft high masonry wall in back of the landscaped strip, landscaped islands in the parking lot, parking spaces and the proposed roof material Being no further discussion, the Chairman declared the public hearing closed - 3 - Planning Commission Minutes October 19, 1972 It was moved by Commissioner Sonju to approve Conditional Use Permit No C-280 subject to twenty-four conditions with condition 424 reading as follows. 24 No retail food outlet shall be permitted The motion died for lack of a second It was moved by Commissioner Ricker and seconded by Commissioner Warren to approve Conditional Use Permit No C-280 subject to the finding that this project will have no significant effect on the environment and also subject to the following conditions 1 Drainage fees shall be paid in accordance with the Master Plan of Drainage 2. Drainage shall be solved to the satisfaction of the City Engineer 3 All secondary and primary utility services shall be underground. 4 Street lights shall be installed per City Standards 5. Advance street light energy charges shall be paid 6. Full width sidewalk shall be installed on both Orange and Moody with street trees 20' on center for Orange Avenue and 40' on center for Moody Street The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan. 7 Soil in planting areas including trees shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for the optimum growth of the plants specified The test results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status and boron saturation extract Results of these tests with recommendations of the agricultural laboratory shall be fur- nished to the Public Works Department for approval at least thirty (30) days prior to the planting date 8 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards 9. Plan checking and inspection fees amounting to 31% of the street improvement shall be paid by the developer 10 Developer shall conform to all applicable provisions of the City Code 11 Construction of driveways shall be in accordance with City Standards and location and spacing shall be approved by the City Engineer 12 Any open cuts on Orange and Moody shall be subject to the prior approval of the City Engineer. 13. Landscape screening of parked cars visible from street shall be provided 14 A perimeter block wall 6 ft high shall be constructed along the north and west property lines Adequate sight distance shall be provided adjacent to the sidewalk 4 Planning Commission Minutes October 19, 1972 15 Buildings shall conform to fire zone #2 standards 16 Identification signs shall conform to sign restrictions of the Zoning Regulations and shall conform to the plans and elevations submitted with this request All signs attached to the building shall be uniform as to design, letter style, color and materials The freestanding sign shall not blink, rotate or be animated in any scanner 17 Final landscape and irrigation plans shall be submitted for approval by the Planning Director 18 The wall to be constructed along the westerly and northerly lot lines shall be composed of either slumpstone, split block or plaster on block to the specifications of the Planning Director. i9 All air-conditioning units and other roof apurtenances shall be screened from public view 20 Trash enclosure areas shall be provided as shown on the development plan. 21 The development of the subject property shall conform substantially to the plans and elevations submitted with this request and as reviewed and approved by the Planning Commission 22 Three foot 0 ft ) high walls shall be constructed and located in back of the 10 ft landscaped strip 23 Two (2) parking spaces shall be eliminated with the increase of the landscaped area to the specifications of the Planning Director Prior to the vote Commissioner Sonju stated that she felt if there was a con- venience market located within the project then it would have a significant effect on the environment However, if it were not located there it would have only a trivial effect on the enrsironment Mr Hawley stated that if a convenience market did want to move into this shopping center a separate environmental impact statement would be required Being no further discussion the motion was carried with the following roll call vote AYES 3 COMMISSIONERS. Ricker Sonju Warren NOES. 0 COMMISSIONERS None ABSTAIN. 2 COMMISSIONERS Hart and Davis CONTINUATION OF A PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO. C-283 -- KOTAKE INC.: The Chairman announced that this was the time and place to consider an application for a conditional use permit to establish operate and maintain a drive-thru restaurant on property located at 5981 Orange Avenue, Cypress, California, in the C-1 Neighborhood Stores Zone, requested by Kotake Inc , 12463 E Alondra Blvd , Norwalk, and known as Conditional Use Permit No C-283 CONTINUATION OF A PUBLIC HEARING RE VARIANCE NO V-314 -- KOTAKE INC The Chairman announced that this was the time and place to consider an application for a variance tc increase the seating capacity from 30 persons as restricted in the zoning regulations to a maximum capacity of 47 persons on property located - 5 - Planning Commission Minutes October 19 1972 at 5981 Orange Avenue, Cypress, California, in the C-1 Neighborhood Stores Zone, requested by Kotake Inc , 12463 E. Alondra Blvd , Norwalk, and known as Variance No. V-314. The Chairman declared both public hearings open and requested the staff to present its reports Mr Hawley stated that he had received a phone call stating these two items would be withdrawn and until such time as a letter was received he would recommend a continuance of both of these items to the November 2, 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Hart and unanimously carried to continue Conditional Use Permit No C-283 to the November 2, 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Hart and unanimously carried to continue Variance No V-314 to the November 2, 1972, meeting It was moved by Commissioner Sonju, seconded by Commissioner Davis and unanimously carried to place item #4 as the last item on the agenda PUBLIC HEARING RE VARIANCE NO. V-315 -- GEORGE A SMITH: The Chairman announced that this was the time and place to consider an application for a variance to construct, use and maintain an addition to an existing single family dwelling portions of which addition will encroach into the required rear yard setback area at 6321 Rosemary Drive situated on the northerly side of Rose- mary Drive easterly of Pauline Drive in the R-1 Single Family Residential Zone requested by George Smith, 6321 Rosemary Drive, Cypress, and known as Variance No V-315 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#72-77 for the Commission's consi- deration Mr. Hawley also stated that there had been no oral or written communications received either in favor or against the application The Chairman asked if the applicant was present and if he would like to speak in favor of the application Mr George A Smith, 6321 Rosemary Drive, Cypress, addressed the Commission and stated that the present house is one story and the proposed structure will be one story at the end where it meets the house and two stories at the far end He stated that the additional structure would be away from the neighbors The Chairman asked if there was anyone wishing to speak either in favor or against the application There was no one at this time Being no further discussion the Chairman declared the public hearing closed It was moved by Commissioner Hart and seconded by Commissioner Sonju to approve Variance No V-315 subject to the finding that this variance would have no significant effect on the environment and also subject to the following conditions 1 Approval of this request shall not excuse compliance with all other applicable ordinances in effect at the time this Variance is exercised The applicant shall obtain all necessary building permits prior to commencement of construction on the proposed addition - 6 - Planning Commission Minutes October 19, 1972 2 Construction of the addition shall be in compliance with the pians submitted with this request and approved by the Planning Commission The motion was carried with the following roll call vote. TO WIT ALL AYES PUBLIC HEARING RE: CONDI'TIONAL USE PERMIT NO C-279 -- GEORGE ROA. The Chairman announced that this was the time and place to consider an application for a conditional use permit to establish, operate and maintain a storage yard for recreational vehicles on a parcel of land located on the northerly side of Cerritos Avenue adjacent to Rose Ann Circle in the R-1 Single Family Residential Zone located at 4891 Cerritos Avenue, Cypress, requested by George Roa, 4891 Cerritos Avenue, Cypress, and known as Conditional Use Permit No C-279 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#72-78 for the Commission's consi- deration He further stated that there had been no oral or written communications received either in favor or against The Chairman asked if the applicant would like to speak in favor of the application Mr Al Roa, 4891 Cerritos Avenue, Cypress, representing his father, addressed the Commission and spoke in favor of the proposed use and stated that he felt there was a particular need for this type of use in the City Discussion followed regarding the conditions of approval, the neighbors on the surrounding property, the height of the fence, and landscaping Commissioner Ricker questioned the appearance that would be presented to the neighbors on surrounding properties of the recreational vehicle storage yard. The applicant stated that decomposed granite would be placed in the storage yard to provide a better visual effect Commissioner Dais stated that he felt one of the better options for the property would be a recreational storage yard as far as the neighbors were concerned it was moved by Commissioner Sonju and seconded by Commissioner Hart to close the public hearing Commissioner Ricker stated that he felt project and would request a continuance the property in question Commissioner convince himself that this is not going he casts his vote a little skeptical about this particular in order to have more time to look over Ricker stated that he would like to to be detrimental to the area before The Chairman asked the applicant if there would be any hardship involved if the matter was continued for a week The applicant stated that there would be no hardship is was moved by Commissioner Ricker and seconded by Commissioner Warren to continue the consideration of Conditional Use Permit No C-279 to the October 26, 1972, meeting Commissioner Davis reminded the Commission that the surrounding property owners had been notified of the proposed Conditional Use Permit and they had not responded He further stated that he did not wish to set a precedent of looking out for the interests of the individual neighbors when they have not responded themselves - 7 - Planning Commission Minutes October 19, 1972 Commissioner Ricker stated that he felt it was one of the primary functions of the Planning Commission to be concerned with the citizens of the City He further stated that when there was no undue hardship involved for the applicant that the rest of the Commission should show consideration for the Commissioner requesting the continuance Commissioner Ricker stated that this proposed recreational storage yard was very close to an R-1 Zone and if he were living there he would expect the Commission to protect his concerns Commissioner Sonju stated that the conditions were stated in such a way that the storage yard would not be unsightly. The motion was then considered and failed to carry with the following roll call vote: NOES. 3 COMMISSIONERS. Sonju, Hart, Davis AYES: 2 COMMISSIONERS: Ricker and Warren Commissioner Ricker stated that he felt this was a very great discourtesy especially when the continuance was for only a week and the applicant did not object He further stated that he was insulted by the Commission's action The Chairman then asked if there was anyone wishing to speak against the appli- cation There was no one at this time The Chairman declared the public hearing closed. It was moved by Commissioner Sonju seccnded by Commissioner Hart to approve Condi- tional Use Permit No, C-279 subject to the finding that this would have no signi- ficant effect on the environment and also subject to the following conditions 1 The development of the property shall be in substantial compliance with the plot plans submitted with this request and reviewed by the Planning Commission 2 The development of the property shall comply with the standards for such uses adopted by the Planning Commission in July, 1972 3 Only one unlighted, freestanding identification sign shall be permitted on the subject property Said sign shall not exceed eight square feet in area 4 Any necessary fire prevention facilities shall be provided on site to the specifications of the County Fire Marshal 5 Drainage fees shall be paid in accordance with Master Plan of Drainage 6 Drainage shall be solved to the satisfaction of the City Engineer 7 All secondary and primary utility services shall be underground 8 Street lights shall be installed per City Standards 9 Advance street light energy charges shall be paid 10, The developer shall install a turred parkway and street trees (15 gal ) 40' feet on center shall be installed along streets in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan - 8 Planning Commission Minutes October 19, 1972 11 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards 12 Developer shall conform to all applicable provisions of the City Code The motion was carried with the following roll call vote. AYES' 4 COMMISSIONERS. Sonju, Hart, Warren, Davis NOES' 1 COMMISSIONER: Ricker Commissioner Ricker asked to be excused Commissioner Ricker left at 9'10 p.m. CONTINUATION OF A PUBLIC HEARING RE: VARIANCE NO V-313 - KEN TER BORCH: The Chairman announced that this was the time and place to consider an application for variance to divide an existing parcel of land in the R-3 Multiple -Family Resi- dential Zone into two parcels having less than the minimum area required by the zoning regulations and also a variance to construct an apartment building in excess of the height limit of the zoning regulations on property generally located on the south side of Newman Street opposite Graham, requested by Ken Ter Borch, 11722 Foster Road, Rossmoor, and known as Variance No. V-313. The Chairman also stated that the Commission would consider Division of Land 440 under other matters in conjunction with Variance No V-313 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented Planning Staff Report PC#72-76 for the Commission's consi- deration He further stated that there had been no oral or written communications received either in favor or against There was discussion by the Commission regarding the 66' setback and the current zoning on the property Mr Ken Ter Borch, the applicant 11722 Foster Road, Rossmoor, addressed the Commission and spoke in favor of the proposed variance and division of land He stated that he felt he would like to pioneer this particular area and make it desirable for other developers to come in with further developments Commissioner Sonju stated that she was opposed to the division of land She further stated that she felt that basically the lot was too small for multiple zoning Also, she was not entirely sure about the zoning on the property There was further discussion regarding the division of land and the variance Also, the size of the individual lots were discussed There was discussion by the Commission on whether or not both the variance and the division of land had to be approved at the same time Mr Hawley stated that there were several alternatives that the Commission could take and they were as follows. 1 The Commission could approve the variance in total which included setbacks, height and the division of land 2. The Commission could deny the whole thing. 3 The Commission could approve the variance for the setbacks and the height but deny the variance to create two substandard lots and the division of land Mr Hawley also stated that he talked with the City Attorney and he felt that only one condition was needed in the granting of the division of land That condition was as follows: 1 The Division of Land shall comply with all requirements of the City Code. - 9 Planning Commission Minutes October 19, 1972 Commissioner Davis stated that he was very much in opposition in general to the idea of building multiples with alll ft easement adjoining R-1 He stated that perhaps if the Commission wanted to deny the request then they should offer the applicant some alternatives on his development If the Commission did not wish to deny the application, then he felt it would be advisable to proceed with the application The Chairman declared the public hearing closed It was moved by Commissioner Hart to approve the portions of the variance that would allow the setback and the height encroachments subject to the conditions of approval as outlined by staff and also subject to the fact that the development will have no significant effect on the environment The motion died for lack of a second The Chairman reopened the public hearing. The Attorney noted that the applicant was still present in the audience and had not been prejudiced by leaving Commissioner Davis stated that he was undecided on the matter and he couldn't see any course that would offer equity to all hands He further stated that he might be able to consider this application more favorably if the building were redesigned Mr Hawley stated that several designs had been drawn -up for the development of the subject property by different developers and this design by far was the best He further stated that the parking arrangement was very good Mr Davis stated that after taking into consideration the fact that the surrounding uses were in the shape that they were and realizing that this would be an improvement he would be in favor of reconsidering the development It was moved by Commissioner Davis and seconded by Commissioner Hart to close the public hearing Due to the fact that there was further discussion on the matter, Commissioner Davis withdrew his motion to close the public hearing and Commissioner Hart with- drew his second It was moved by Commissioner Davis and seconded by Commissioner Sonju to continue both Variance No. V-313 and Division of Land #40 to October 26, 1972,at 4.00 p m Commissioner Sonju withdrew her second due to the fact that she could not attend the meeting of October 26, 1972, at 4:00 p.m. The Chairman declared the public hearing closed It was moved by Commissioner Davis and seconded by Commissioner Hart to approve Variance No V-313 subject to the finding that the development will have no significant effect on the environment and also subject to the following conditions: 1 Approval of this request shall not excuse compliance with all applicable ordinances in effect at the time this variance be- comes effective 2 Final building plans and elevations shall be substantially in conformance with those submitted with this request and shall be subject to the approval of the Planning Director 3 Landscape and irrigation plans shall be in substantial compliance with the plans submitted with this request and shall be subject to the approval of the Planning Director 4. Newman Street adjacent to the subject property shall be fully improved to the specifications of the City Engineer including the installation of sidewalks and street trees. - 10 - Planning Commission Minutes October 19, 1972 5 All buildings shall conform to the requirements of the Building Code and shall be constructed to the specifications, of Fire Zone No 2 6 Drainage fees shall be paid in accordance with the Master Plan of Drainage 7 Drainage shall be solved to the satisfaction of the City Engineer 8 All secondary and primary utility services shall be underground 9 Street structural sections shall be based on the recommendation and soils report by a soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using an applicable T I 10 Street trees (15 gal ) 40' on center shall be installed along streets in conformance to the street tree policy of the Public Works Department The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan 11 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards 12. Plan checking and inspection fees amount to 31% of the street improvements shall be paid 13 Developer shall conform to all applicable provisions of the City Code The motion was carried with the following roll call vote. AYES. 3 COMMISSIONERS Hart, Warren, Davis NOES: 1 COMMISSIONER. Sonju ABSENT' 1 COMMISSIONER: Ricker It was moved by Commissioner Hart and seconded by Commissioner Davis to approve Division of Land 440 subject to the following condition: 1 The Division of Land shall comply with all requirements of the City Code. The motion was carried with the following roll call vote. AYES. 3 COMMISSIONERS. Hart, Warren, Davis NOES: 1 COMMISSIONER: Sonju ABSENT 1 COMMISSIONER* Ricker REPORTS OF OFFICERS AND COMMISSIONERS. There were no reports of officers or commissioners at this time ADJOURNMENT Being no further business at this time, it was moved by Commissioner Hart, seconded by Commissioner Sonju and unanimously carried to adjourn at 10.21 p m to October 26, 1972, at 4:00 p m Oft ATTEST • SECRETAR OF NG COMM SSION CHAIRMAN OF THE PLANNING COMMISSION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD October 26 1972 An adjourned regular meeting of the Cypress Planning Commission was called to order at 4.19 p m , on Thursday, October 26 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California Chairman Warren presiding PRESENT. Commissioners Ricker, Hart, Warren ABSENT: Commissioners Sonju and Davis Also present was Brian Hawley Planning Director PUBLIC HEARING RE PROPOSED ZONING ORDINANCE: The Chairman announced that this was the time and place to consider adoption of the Zoning Ordinance for the City of Cypress The new ordinance as proposed by the Planning Department establishes new zone classifications and regula- tions for uses permitted therein The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley stated that he would go through the ordinance page by page with the Commission in order for them to make any corrections or additions that they think necessary The Commission then went through the ordinance and it was the consensus of the Commission to make the following corrections and/or additions: RESIDENTIAL ZONES Page 2 - Section 4 A. 4 Special Purpose Zones Delete (0) - Oil Production Combining Zone Regarding Section 7 on Page 4 of the proposed ordinance it was suggested by the Commission that the possibility of adding another section entitled Non - Conforming Uses be added after checking with the attorney Page 8 - Section 8 Definitions Add definition of Grade to read, GRADE shall mean the average level of the finished ground surfaces surrounding a building Page 10 - Section 8 Definitions Add definition of Setback to read; SETBACK shall mean the distance between the established lot line and any building Page 13 - Section 9 Residential Zones In the reference to density restrictions in the RE, RU and RM Zones insert the word "dwelling' before the word 'units per acre" e g RE Zone - " maximum densities of 2 5 dwelling units per acre " Page 14 - Section 9 1 Permitted and Conditional Uses: R Zones B Agricultural Uses 1 All types of agriculture, RE RU RM horticulture and grazing of sheep and cattle The wholesaling of products, raised on the premises P C C shall be permitted The retail sale of products raised on the premises shall be permitted subject to the granting of a Conditional Use Permit -1- Planning Commission Minutes October 26 1972 Page 14. - Section 9 1 Cont B Agricultural Uses 2 Keeping of horses and cleft- RE RU RM hoof animals provided that no animals shall be kept on a site of less than 15,000 sq P C feet, and further provided, that no more than two adult animals may be kept on a lot having 15 000 to 20,000 square feet, or four adult animals on a lot having 20,000 to 30,000 square feet, or six adult animals on a lot having 30,000 square feet to one acre in area, provided that no animal shall be kept closer than 50 feet to an ad- joining dwelling Page 15 - Section 9.1 Cont. 6 Kennels - add a 'C' under the RU Zone Page 15 - Section 9.1 Cont. C Public and Semi -Public Uses 3 Convalescent Homes - add a "C" under the RE Zone Page 18 - Section 9 3 Performance Standards: R Zones Subsection E - Change " landscaping at least twenty feet (20')" to read " five feet (5') ' Mr Hawley stated that he would add the words "Lot Coverage" or "Building Coverage" and also add a definition to be inserted on Page 9 of the proposed zoning ordinance text Page 19 - Section 9 6 Walls and Fences. R Zones Subsection B - after the word "height" add from the highest grade " as measured Page 20 - Section 10 0 Purposes B Change the word "concentrate" to "congregrate" COMMERCIAL ZONES Page 22 - Section 10 1 Permitted and Conditional Uses. C Zones B General Commercial Uses 29 Hotels and Motels, etc , change "P" to "C" in the CG & CH Zones Page 23 - Section 10.1 Permitted and Conditional Uses: C Zones B General Commercial Uses 36 Newspaper, etc , change "P' to "C' under CG & CH Zones Page 24 - Section 10.1 Cont. B General Commercial Uses 63 Feed Stores change "P" to "C" under the CH Zone Page 23. - Section 10.1 Cont. C Public and Semi -Public Uses 4 Educational, etc , add a "C" under the CG Zone Page 23. - Section 10.1 Cont. C Public and Semi -Public Uses 6 Parks, etc , add a "C" under the CN Zone -2- Planning Commission Minutes October 26, 1972 Page 26 - Section 10 2 Property Development Standards: C Zones B General Requirements 1 Lot area in CH Zone change to 10,000 sq ft Page 28 - Section 10 6 Walls and Fences C Zones B - after the word "height" add " as measured from the highest grade " RECESS. Chairman Warren declared a recess of the Planning Commission at 6.10 p m until 7.30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7 43 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT. Commissioners Sonju, Hart, Warren ABSENT: Commissioners Ricker and Davis Also present was Brian Hawley, Planning Director Mr Hawley gave a brief review of the items that the Commission had previously discussed at the afternoon session Page 18 - Section 9 3 Performance Standards R Zones Subsection C - Change " adequate irrigation system" to read " automatic irrigation system " Page 22 - Section 10 1 Permitted and Conditional Uses C Zones B General Commercial Uses ADD 17 A Convenience Market CO CN CG CH C C C Page 22. - Section 10.1 Permitted and Conditional Uses: C Zones B General Commercial Uses 12 Bowling Alleys, etc , add a 'C' under the CN Zone Page 22 - Section 10.1 Permitted and Conditional Uses: C Zones B General Commercial Uses 39 Pet Shops add a "C" under the CN Zone 54 Theatres add a "C" under the CN Zone INDUSTRIAL ZONES Page 34. - Section 11.6 Walls and Fences: M Zones B After the word "height add the words ' as measured from the highest grade " There was discussion by the Commission regarding mobilehome parks and also the site area and the front yard setback requirements for the PRD Zone RECESS: Chairman Warren declared a recess at 8 51 p m The meeting was called back to order at 8 55 p m with the following Commissioners present PRESENT. Commissioners Sonju Hart Warren ABSENT Commissioners Ricker and Davis -3- C 1 Planning Commission Minutes October 26, 1972 There was discussion regarding a quarterly report to be presented to the Plan- ning Commission discussion on Section 13 3 -- Required Street Dedications and Improvements, and also discussion regarding the fact that landscaping requirements should be more stringent in the Off -Street Parking Requirements Page 56 - Section 14 3 Site Development Standards... Eliminate Subsection B There was discussion regarding the section on signs and it was the consensus of the Commission to continue the discussion to the November 2, 1972, meeting There was also discussion on the following items: Adjustments and Animal Husbandry and the tank farm Mr Hawley explained to the Commission, after the contents of the zoning ordi- nance was completed that the sign portion of the ordinance would be continued to the November 2, 1972, meeting and any further comments corrections or additions that the Commission wished to make should be made at that time He stated that after the Commission had made their final changes the text then would be submitted to the Council. REPORTS OF OFFICERS AND COMMISSIONERS There was then a discussion by the Commission regarding the salaries received monthly for serving as Planning Commissioners It was the consensus of the Commission that they should receive at least $15 a meeting and that they should receive this $15 for every meeting held during the month up to a max- imum of $60 It was moved by Commissioner Hart and seconded by Commissioner Sonju to recommend to the City Council that they consider increasing the Planning Commission's monthly salary to $15 a meeting in order to help take care of the loss of expenses incurred due to babysitting travel time leaving their regular job and the fact that extra time is needed to prepare for the meetings at home The motion was carried with the following roll call vote. AYES. 3 COMMISSIONERS. Sonju, Hart, Warren NOES: 0 COMMISSIONERS: None ABSENT. 2 COMMISSIONERS• Ricker and Davis It was moved by Commissioner Sonju, seconded by Commissioner Hart and unani- mously carried to continue the consideration of the zoning ordinance to the November 2 1972 meeting ADJOURNMENT Being no further discussion at this time the Chairman declared the meeting adjourned at 9 35 p m to November 2, 1972, at 4 00 p m ATTES1' : b SECRE ARY OF THE PLANNING COMM SION CHAIRMAN OF THE PLANNING COMMISSION -4- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD November 2, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4.12 p m on Thursday, November 2, 1972 in the City Council Chambers, 5275 Orange Avenue Cypress, California, Chairman Warren presiding PRESENT. Commissioners Ricker, Sonju, Warren ABSENT: Commissioners Hart and Davis Also present were Planning Director, Brian Hawley and Assistant City Engineer, Ray Coakley STAFF REPORTS AND DISCUSSIONS. It was moved by Commissioner Sonju seconded by Commissioner Ricker and unanimously carried to place Item #la on the agenda to consider landscape plans for Conditional Use Permit No C-278, Clayton-Hyter Development It was the consensus of the Commission to consider revised floor plans as well as elevations for Tract 7892 in the conference room Consideration of Revised Floor Plans and Elevations for Tract No. 7892: Prior to discussion on this matter Commissioner Ricker stated that Mr Darrell Dalton of the Larwin Company had contacted him by phone Commis- sioner Ricker stated that he believed Mr Dalton had tried to sway his vote Commissioner Warren stated that he too had been contacted by Mr Dalton and he told Mr Dalton that he was not at liberty to discuss the matter Commissioner Sonju stated that she had also been contacted by Mr Dalton Mr D Anderson, representing Larwin Company, stated that Mr Dalton had contacted the Commissioners merely to obtain their feelings regarding the change in the plans There was discussion by the Commission regarding the following items the spacing of the houses square footage of the houses, number of bedrooms in the two story models, elevations, size of the average lots shake roofs, bicycle trails along Valley View Street, and sewer and drainage fees Mr Anderson explained that they are accepting all conditions of approval and they are maintaining the same design of the tract He further stated that they are substituting the Tempo house for the present house and that the Tempo house is larger than the one already there Mr Hawley gave a brief review of the plans for the Commission's consideration COMMISSIONER HART ARRIVED AT 4.20 P M Mr Hawley explained that the Commission could either deny this request or approve the revised floor plans and elevations Being no further discussion on the matter, it was moved by Commissioner Ricker and seconded by Commissioner Sonju to approve the revised floor plans and elevations for Tract No 7892 subject to the finding that there will be no significant effect on the environment and also subject to the following condi- tion (in addition to those conditions established for the tract map) 1 Shake roofs shall be included on the houses The Commission wanted the Council to know that approval of this request did not imply approval of the lot sizes within the subdivision -1- Planning Commission Minutes November 2 1972 Landscape Plans for Conditional Use Permit No C-278 -- Clayton-Hyter. The Chairman stated that the Commission would consider the lands ape plans for the Clayton-Hyter development known as Conditional Use Permit No C-278 There was discussion regarding the size of the trees to be placed on the devel- opment as well as discussion regarding the size of the pool and the fencing surrounding the project Being no further discussion it was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the landscape plans for Conditional Use Permit No C-278 CONTINUATION OF A PUBLIC HEARING RE. PROPOSED ZONING ORDINANCE. The Chairman announced that this was the time and place to consider adoption of the Zoning Ordinance for the City of Cypress The new ordinance as pro- posed by the Planning Department establishes new zone classifications and regulations for uses permitted therein The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley presented some changes and additions from the Administrative Coordinating Team to the Commission for their further consideration They were as follows. Page 6 - Section 8 Definitions Add definition of Coverage to read. COVERAGE shall mean the percentage of total building site area covered by structures, open or enclosed, excluding uncovered steps, patios, terraces and swimming pools Page 9 - Section 8 Definitions Change definition of Mobilehome to read, MOBILEHOME shall mean a movable or transportable vehicle, other than a motor vehicle, designed as a permanent struc- ture intended for occupancy for one family, for carrying persons and property on its own structure, and for being drawn by a motor vehicle and having no foundation other than jacks, piers, wheels or skirtings Page 11 - Section 8 Cont Add to the definition of Yard to read YARD shall mean any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed from the ground to the sky except for the projections permitted by this Ordinance. Page 14 - Section 9 1 Permitted and Conditional Uses: R Zones B Agricultural Uses i The uses outlined in this subsection shall not be permitted in the RU and RM Zones Page 16 - Section 9 1 Cont F Temporary Uses Add subsection X62 - 2. Model Home and Subdivision RE RU RM Sales Office Page 17 C C C - Section 9.2 Property Development Standards: R Zones B General Requirements 12 Change to read, Parking RE RU RM within a garage (or within a carport in RM 2 2 2 plus 10% open Zone only) per unit parking for guests -2- Planning Commission Minutes November 2, 1972 Page 19 - Section 9 5 Accessor Structures: R Zones Subsection D - Detached structures - Add #3 to read, 3 A detached structure shall maintain a minimum five foot (5') separation from the main structure Pa -2S• - Section 10.2 Pro.ert Develo.ment Standards. C Zones A Special Requirements Subsection 2 (a) (5) after the word " 300 feet " Pattern" add with Page 37 - Section 12 1-5 Interior Site Develo.ment Standards Add Subsection H to read• H Guest parking, boat or recreational vehicle storage areas shall be provided as required by the Planning Commission under Design Review Pag - Section 12 2-2 Uses Permitted: PRD Zones Add Subsection F to read, F Model Homes and Subdivision sales offices granting of a Conditional Use Permit Page 51. subject to the Section 13 1 Temporary Uses Eliminate Subsections C and D as written Add new Subsections C and D to read C Firework stands subject to not more than 10 days of site occupation and operation in any 360 -day period D. Campaign offices subject to not more than 70 con- tinuous days - Section 13 1-1 Permits and Bonds Change to read. All temporary uses shall be subject to the issuance of a temporary Use Permit by the Planning Director In the issuance of such a permit, the Planning Director shall indicate the permitted hours of operation and any other conditions, such as walls or fences, signs and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health safety and welfare Prior to the issuance of a permit for a temporary use, except those listed under C D, G, and H above, a cash deposit to be determined by the Building Superintendent shall be deposited with the Finance Department This deposit shall be used to defray the costs of clean-up of the property by the City in the event the permittee fails to do same Page 51• - Section 13 1-3 Condition of Site After the words " or any other evidence ' add " off-site signs Page 54 - Section 14 2 Parking S aces Required B Church, cha el etc change feet to 20 square feet Theatre or auditorium etc , square feet to 20 square feet Commercial service uses etc 500 square feet to 200 square including requirement from 30 square change requirement from 30 change requirement from feet - Section 14 3 Site Develo.ment Standards Eliminate Subsection B -3- Planning Commission Minutes November 2, 1972 Page 57 - Section 14 3 Subsection G All reference to City Engineer should be changes to Building Superintendent Add #5 to read, 5 Drainage shall be provided to the specifications of the City Engineer Page 58 - Section 14 3 Cont Subsection H 8 At the end of the sentence add the following sentence A curb shall be installed a minimum of three feet (3') from the edge of driveways that are parallel to walls or fences Page 58 - Section H 14 to read, 14 Double line striping, 12 inches on center shall be used for marking parking spaces Page 58 - Section 14 3 Cont Add subsection J to read, J Loading spaces shall be provided to the specifications of the Planning Commission under Design Review Page 79 - Section 17.3-2 Cont E Change contours from five feet (5') to six inches (6") The Commission was in agreement with the corrections and additions as submitted by the Administrative Coordinaing Team After Mr Hawley presented the changes and additions of the Team Mr Don Milligan made a presentation to the Planning Commission representing some changes suggested by the Southern California Edison Company The changes were as follows. Page 10 - Section 8 Definitions Add definition of Public Utility Installations to read PUBLIC UTILITY INSTALLATIONS shall mean all buildings, structures and related equipment excluding electric genera- tion stations and transmission lines, Page 19. - Section 9 6 Walls and Fences: R Zones ADD - Subsection D to read "The provisions of this section shall not apply to a wall or fence required by any law or regulation of the State of Calif- ornia or any agency thereof " Page 28. - Section 10 6 Walls and Fences: C Zones ADD Subsection D to read. The provisions of this section shall not apply to any wall or fence required by any law or regulation of the State of California or any agency thereof Page 34 - Section 11 6 Walls and Fences. M Zones ADD Subsection D to read; The provisions of this Section shall not apply to a wall or fence required by any law or regulation of the State of California or any agency thereof Page 22 - Section 10 1 Permitted and Conditional Uses: C Zones C Public and Semi -Public Uses 8 Public utility, etc , add a 'C' under the CN Zone Page 31 - Section 11 1 Permitted and Conditional Uses. M Zones D 2 change to read Public utility pumping stations, electric generating stations and substations, equipment buildings, and installations -4- Planning Commission Minutes November 2, 1972 Page 40 - Section 12 2-3 Property Development Standards: PRD Zone P After the word "permitted" add the following " for the purposes of this Section, appurtenances and associated equipment such as surface -mounted transformers pedestal - mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed above ground " Page 72 - Section 16.11 Exceptions Public Utility Facilities and Uses Nothing in this ordinance pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination or removal or so as to prevent the modernization replacement, repair maintenance, alteration or rebuilding or public service and public utility buildings, structures uses, equipment and facilities provided that there is no change of use or increase of those areas so used After the Edison Company made their presentation Mr Hawley commended them for taking so much time, effort and interest in the City to come t;, the meeting and voice their opinions regarding the proposed Zoning Ordinance Mr Al Hyatt, 4656 Lincoln Avenue Cypress, addressed the Commission and stated that he would like included somewhere in the new ordinance reference to ferrous metals The following addition was made. Page 30 - Section 11 1 Permitted and Conditional Uses. M Zones A Manufacturing Uses 13 after the words ' stones or metals" add the words non ferrous metals RECESS: Chairman Warren declared a recess of the Planning Commission at 6 25 p m until 8.00 p m CALL TO ORDER. The meeting of the Cypress Planning Commission was called back to order at 8.02 p m , in the Cypress City Council Chambers 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT. Commissioner Ricker, Sonju, Hart, Warren ABSENT: Commissioner Davis ORAL COMMUNICATIONS Mrs Virginia Toll 8421 Denni Street, addressed the Commission in reference to Item #3 on the agenda and asked for a clarification as to why this item was still on the agenda since it was denied by LAFCO There was explanation for this by Mr Hawley PUBLIC HEARINGS: CONTINUATION OF A PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-283 -- KOTAKE INC : The Chairman announced that this was the time and place to consider an application for a conditional use permit to establish, operate and maintain a drive-thru restaurant on property located at 5981 Orange Avenue, Cypress California in the C-1 Neighborhood Stores Zone requested by Kotake Inc, 12463 E Alondra Blvd , Norwalk, California and known as Conditional Use Permit No C-283 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley stated that he had received a written request from the applicant requesting a withdrawal of Conditional Use Permit No C-283 -5- Planning Commission Minutes November 2, 1972 It was moved by Commissioner Sonju seconded by Commissioner Ricker and unanimously carried to approve the withdrawal of Conditional Use Permit No C-283 CONTINUATION OF A PUBLIC HEARING RE: VARIANCE NO V-314 -- KOTAKE INC : The Chairman announced that this was the time and place to consider an applica- tion for a variance to increase the seating capacity from 30 persons as restricted in the zoning regulations to a maximum capacity of 47 persons on property located at 5981 Orange Avenue Cypress, California, in the C-1 Neighborhood Stores Zone, requested by Kotake Inc , 12463 E Alondra Blvd , Norwalk California, and known as Variance No V-314 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley stated that this application had been filed in conjunction with the previous conditional use permit and that the applicant was also requesting a withdrawal of this variance It was moved by Commissioner Hart, seconded by Commissioner Sonju and unanimously carried to approve the request for withdrawal of Variance No V-314 PUBLIC HEARING RE: ZONE CHANGE NO Z-216 -- C R RODGERS VFW MEMORIAL HALL. The Chairman announced that this was the time and place to consider an amend- ment to the Zoning Ordinance No 90, to change the zone on a parcel of land located at 4561 Crescent Avenue situated on the northerly side of Crescent Avenue between Denni Street and Martinique Way in the unincorporated area of Orange County from the R-1 Single -Family Residential Zone to the C-2 General Commercial Zone This is a pre -annexation rezoning request and is being filed on behalf of the C R Rodgers VFW Memorial Hall and will be effective upon the annexation of the property to the City of Cypress This proposed change is known as Zone Change No Z-216 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley gave a brief report for the Commission's consideration and he stated that LAFCO had held a hearing on this matter and denied a request for annexation and, therefore the applicant is requesting a withdrawal of the zone change application There was brief discussion on why the annexation was denied by LAFCO Mrs Virginia Toll, 8421 Denni Street, addressed the Commission and stated her reasons for not wanting to be annexed into the City of Cypress from the County unincorporated area She stated that they would be opposed to having their taxes increased if they were annexed into the City She also stated that they were provided with services through the county and they needed no further services It was moved by Commissioner Sonju seconded by Commissioner Ricker and unan- imously carried to approve the withdrawal of Zone Change No Z-216 CONTINUATION OF A PUBLIC HEARING RE. PROPOSED ZONING ORDINANCE: The Chairman stated that the Commission would continue with the discussion of the proposed Zoning Ordinance and make any further corrections and/or additions that they felt were necessary Mr Don Milligan Southern California Edison Company, readdressed the Commission and gave briefly the Edison Company's reasons for wanting Sections 17 2-2, 17 3-2, 17 4-3 and 17 7-2 in the body of the zoning ordinance text There was brief dis- cussion among the Commission members and the City Attorney was consulted It was moved by Commissioner Hart seconded by Commissioner Sonju and unanimously carried to include the following sections: -6- Planning Commission Minutes November 2, 1972 Page 74 - Section 17.2-2 Application B After the words ' that the applicant is add " or will be the plaintiff in any action in eminent domain to acquire the property " Page 78 - Section 17.3-2 Application B After the words " that the applicant is add will be the plaintiff in any action in eminent domain to acquire the property " Page 83 - Section 17 4-3 Application B After the words " that the a licant is " add Or will be the plaintiff in any action in eminent domain to acquire the property ' Page 88 - Section 17 7-2 Application B After the words " that the applicant is " add " or will be the plaintiff in any action in eminent domain to acquire the property " 'Ihe Planning Commission agreed to accept all of the above mentioned sugges- tions by the Southern California Edison Company and these suggestions were to be added to the proposed Zoning Ordinance along with the following addition as suggested by Chairman Warren Page 19 - Section 9 6 Walls and Fences. R Zones Subsection A - Delete the words ' or side yard adjacent to a street ' Subsection B - after the word "height' add " as measured from the highest grade Mr Francis Bokin, 5917 Noumea, Cypress, addressed the Commission and asked if the Zoning Map was going to be considered in conjunction with the Zoning Ordinance Mr Hawley explained that the Zoning Ordinance and the Zoning Map would be considered separately from one another Daryl Ellwart, Cypress Chamber of Commerce, addressed the Commission and stated that the Business Development Committee was in the process of study- ing the sign ordinance and that they would like to have the opportunity to come before the Planning Commission with their input Commissioner Ricker stated that he felt the Sign Ordinance should be a part of the Zoning Ordinance however he felt there might be problems due to the fact that the Planning Commission had been given very little time to review the proposed ordinance themselves let alone recommend the document to the City Council He further stated that if the Commission went through this as a rush job there would be many people going to the Council instead of coming to the Commission like they normally would if there was adequate time He stated that this would be belittling the Commission and he felt they were renigging on their jobs by rushing this through to the Council without having the proper amount of input from the businessmen of Cypress He stated that he would like to approve the Zoning Ordinance with the exception of the Sign Ordinance and then readvertise the Sign Ordinance for public hearings separately L 1 Planning Commission Minutes November 2, 1972 There was discussion by the Commission regarding whether or not they should delete the section on signs or proceed with it at this time Mr Fish, the City Attorney, suggested that the Commission could delete the Sign Ordinance from the Zoning Ordinance and act on it separately, the current Sign Ordinance would remain in effect at this time Mr Hawley stated that some kind of action would have to be taken soon however, due to the fact that the current Sign Ordinance refers to zones that would be no longer in existence It was moved by Commissioner Hart and seconded by Commissioner Ricker to delete the section of the ordinance dealing with signs and to readvertise that section for a public hearing to be held at the Planning Commission meeting of November 16, 1972, at 8.00 p m The motion was carried with the following roll call vote. TO WIT. ALL AYES The Chairman asked if there was anyone wishing to speak either in favor or against this proposed zoning ordinance There was no one at this time Being no questions from the audience the discussion was opened to the Commission It was the consensus of the Commission that the following changes be made in addition to the changes made at the October 26, 1972, meeting The changes were as follows. Page 34 - Section 11 3 Performance Standards. M Zones K Add the word "Conformance" before the word "Testing' so the title will read 'Conformance 'Testing" Page 37. - Section 12A1-7 Pre-existing Mobilehome Parks Third line After the words " shall apply to the ' add the word 'remodeling' Page 51 - Section 13.1-2 Extensions After the words " may be operated " add " up to a period of 90 days Page 51. - Section 13 2 Home Occupations Second line After the words " the following regulations " add upon approval by the Planning Director " RECESS. Chairman Warren declared a recess at 9 50 p m The meeting was called back to order at 10.00 p m with the following Commissioners present. PRESENT Commissioners Ricker, Sonju, Hart, Warren ABSENT: Commissioner Davis Page 75 Page - Section 17.2-6 Action of the Planning Commission Line 7 After the words but shall not be limited to add " payment of drainage fees ' 78. - Section 17.3-1 Purposes and Authorization A After the words " shall be granted " underline the word 'only Page 87 - Section 17 7-1 Purpose and Authority C Change 40 percent to 20 percent -8- Planning Commission Minutes November 2, 1972 Page 90. - Section 18 1iPurposes Next to last paragraph, first line After the words, " .The Planning Commission shall " add the following " be guided by the adopted statement of Design Review and shall " The Chairman declared the public hearing closed It was moved by Commissioner Soniu and seconded by Commissioner Hart to recommend adoption of the Zoning Ordinance to the City Council with the changes as re.commended`by the Planning Commission The motion was carried with the fcilowing roll call vote: TO WIT• ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS: There were no reports of officers or commissioners at this time ADJOURNMENT. Being no further business at this time the Chairman declared the meeting ad- journed at 10.48 p m until November 9, 1972, at 7 30 p m CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECR TARY OF. THE PLA ING COMMI.SION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD November 9, 1972 An adjourned regular meeting of the Cypress Planning Commission was called to order at 7.50 p m , on Thursday, November 9, 1972 in the City Council Cham- bers, 5275 Orange Avenue Cypress, California, Chairman Warren presiding PRESENT. Commissioners Ricker, Hart, Warren Davis ABSENT. Commissioner Sonju Also present was Brian Hawley Planning Director. Mr Hawley presented the proposed zoning map and the land use element of the general plan He stated that both maps were basically in conformance with one another He further stated that the land use element was basically the same as the existing land use element except for the fact that some of the classifications had been consolidated In regards to the zoning map Mr Hawley stated that although there was no land currently zoned RE -Residential Estate he felt that the zoning classification should be retained for possible use Mr Hawley proceeded to point out the proposed changes on the zoning map for the Commission's consideration The proposed changes were as follows. Zone the most northern tip of the City in the PS, Public and Semi -Public Zone Zone the property on the north side of Evergreen Street, west of the Parochial Elementary School in an RU, Residential Urban, Zone and take it out of the designated PS zoning Zone a small corner of property connected with the Mobilehome Park to MHP - Mobilehome Park Zone Zone the northeast ccrner of Moody and 0range from an RU Zone to a PS Zone Zone a small portion of the Charles Damson School from an RU Zone to a PS Zone Zone a portion of property south of Kateila and west of Valley View from the MP Planned Research and Development Park Zone to the PS Zone COMMISSIONER SONJU ARRIVED AT 8.00 P M Zone the southwest corner of Cerritos and Knott from C -i to RU Zone the railroad and drainage right-of-way tc PS Zone the northeast corner of Bloomfield and Bail to a CG, Commercial General, Zone Zone the northeast corner of Orange and Bloomfield from C-1 to a CN, Commercial Neighborhood, Zone Zone the southwest corner of Orangewood and Knott from C-1 to a CN Zone Regarding the Leal Dairy property at the southwest corner of Ball and Valley View Mr Hawley suggested that the Commission either zone the entire piece of property in a general commercial zone or in a single family residential zone until such time as development is proposed Mr. Hawley stated that he did not advocate two separate zone classifications for the property Zone the south side of Camp Street adjacent to the Elampntary School, north of Newman Street from C-2 and R-4 to either single family residential or zone it to reflect the same use that is now existing -1- Planning Commission Minutes November 9, 1972 Mr Hawley then read a letter into the record regarding the proposed zoning on the Leal Dairy property. The letter was submitted by James Hardesty, 5853 Holmby Court Cypress, and it stated that he was in favor of an RU Zoning on the property and he was opposed to either RM or PC He stated that he felt an RU Zone would be the best zone for the property The Chairman asked if there was anyone wishing to speak either in favor or against the proposed zoning ordinance Mr Gray Farley, 5803 Holmby Court, Cypress addressed the Commission and stated that the City of Cypress needs more commercial property in order to balance out the residential property He stated that more tax revenue was needed and he urged the Planning Commission to consider leaving property already zoned commercial as commercial Mr Donald Kennedy, 5843 Holmby Court, Cypress, addressed the Commission and stated that he was opposed to having the Leal Dairy property zoned either PC or RM He did state, however, that he would be in favor of having the property zoned in an RU zone He stated that the wishes of the residents of Cypress should be considered in a case like this and that the property should be zoned according to their desires Mr Herbert Press, 1038 S Alfred Street, Los Angeles, addressed the Commission and stated that he was interested in developing a commercial complex on the corner of Orangewood and Knott He stated that he felt a development of this type would be very compatible with the surrounding area Mr Don Heath, Walker & Lee, addressed the Commission and spoke in reference to the corner of Orangewood and Knott and he stated that he too believed this would be an ideal location for a commercial development He stated that he believed the area should serve the people surrounding it Mr Henry Gillespie 17802 Sky Park Circle addressed the Commission and stated that in regards to the Leal Dairy property he would be interested in having it remain in a commercial zone He stated that there is presently a plan in the development stage for a commercial development on this property He further stated that he felt it would be a good idea to stay away from a multiple family residential development on this property DaryleEllwart, Cypress Chamber of Commerce addressed the Commission and stated that the Leal Dairy property was too near a high school to be developed as commercial property Mr Hawley stated that the Leal property should not be zoned in a PC zone due to the fact that it would not be in conformance with the new ordinance He strongly urged that the Planning Commission consider a commercial zoning such as CG for the property There was discussion by the Commission regarding the fact that pieces of property currently zoned commercial should be retained in some type of commercial zoning if possible It was the consensus of the Planning Commission to take each piece of pro- perty separately and determine what the zoning for that piece should be Leal Dairy Property Commissioner Ricker stated he feels very strongly that in order to support commercial development in Cypress the City needs more residents He stated that he is opposed to a multiple type development but he feels that residen- tial would help to enhance the neighborhood and he would be in favor of rezoning the property to RU Residential Urban Commissioner Sonju stated she felt that the property was not advantageously located for commercial development She stated that it has shown there would be a problem in this property developing commercially She stated that she would be in favor of rezoning the property to an RE Residential Estate Zone and perhaps leaving it as a dairy She stated, however, that she was not against commercial development -2- Planning Commission Minutes November 9, 1972 Commissioner Hart stated he feels that the property should be zoned commercially He further stated that if the City wants to attract more residents then they will have to have more commercial development Commissioner Davis stated that he would like to see the City make a park out of this property He did state, however, that in order to balance the various de- mands of the City he felt that a commercial zone would be the best at this time Commissioner Warren stated that he feels the City needs to attract more resi- dents to the City and in that case he feels the property should be zoned commercial- ly He further stated that he would be in favor of a CG zoning It was moved by Commissioner Davis and seconded by Commissioner Hart to follow the suggestion of the Planning Director and recommend to the City Council a CG zoning for the Leal Dairy property The motion was carried with the following roll call vote: AYES: 4 COMMISSIONERS Sonju, Hart Warren, Davis NOES• 1 COMMISSIONER: Ricker ABSENT 0 COMMISSIONERS: None Orangewood and Knott -- Bloomfield and Orange After discussion it was the unanimous consensus of the Commission to recommend a CN zoning for the corners of Orangewood and Knott and Bloomfield and Orange RECESS: Chairman Warren declared a recess at 9:25 p m The meeting was called back to order at 9:38 p m., with the following Commissioners present: PRESENT Commissioners Ricker, Sonju, Hart, Warren, Davis ABSENT. None Van Ruiten Dairy Property -- South of Orangewood on the west side of Valley View It was the consensus of the Planning Commission to recommend a CN Zoning for the Van Ruiten property in the southern part of the City Cerritos and Knott The Planning Commission voted to recommend to the City Council a CN zoning for the southwest corner of Cerritos and Knott Northwest corner of Ball and Valley View The majority of the Commission recommended a CG zoning for the property on the northwest corner of Ball and Valley View Mrs Evelyn Ricker, 5092 Evergreen Avenue, Cypress, addressed the Commission and stated that she would be in favor of more commercially zoned property in the City of Cypress. Northeast corner of Ball and Bloomfield The Commission voted to recommend a CG zoning for the property on the north- west corner of Ball and Bloomfield Northwest corner of Grindlay and Orange (Behind the Medical Center) After brief discussion it was the consensus of the Commission to recommend a CO zoning for the property immediately behind the medical center on the northwest corner of Grindlay and Orange - 3- Planning Commission Minutes November 9, 1972 Northeast corner of Orange and Valley View It was the consensus of the Commission to recommend a CG zoning for the northeast corner of Orange and Valley View Property south of the railroad tracks There was a lengthy discussion regarding the property south of the railroad tracks and north of Newman Street Mr Hawley suggested that the property remain in a single family residential zone There was discussion by the Com- mission as to whether or not they would have sufficient control over develop- ment if this property were zoned single family residential Both Newman Street and Acacia Drive were discussed by the Commission Being no further discussion the Commission voted to have an RU zoning on Newman Street The Commission briefly discussed the changes made to the zoning map There was also discussion regarding zoning the county islands as multiple family residential Being no further discussion the Chairman declared the public hearing closed for the zoning map and also for the land use element of the General Plan It was moved by Commissioner Hart and seconded by Commissioner Davis to recommend approval of the zoning Map with the proposed changes to the City Council The motion was carried with the following roll call vote. TO WIT. ALL AYES It was moved by Commissioner Hart and seconded by Commissioner Davis to recommend approval of the Land Use Element of the General Plan with the proposed changes to the City Council The motion was carried with the following roll call vote TO WIT• ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS. Design Goals Pamphlet There was brief discussion by the Commission regarding the pamphlet which was distributed by Mr Hawley on Design Goals ADJOURNMENT: Being no further discussion Chairman Warren declared the meeting adjourned at 10:45 p.m until November 16 1972, at 4:00 p m ATTEST. SECRE Y OF T PLANNI G COMMISSIIN -CHgIRRMAN OF THE PLANNING COMMISSION -4- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD November 16, 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:40 p m , on Thursday, November 16, 1972, in the City Council Chambers 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT Commissioners Ricker, Hart Warren ABSENT. Commissioner Sonju Also present were Brian Hawley, Planning Director and Ray Coakley, Assistant City Engineer MINUTES It was the consensus of the Commission to postpone a decision on the minutes of October 19, 1972 until the evening session of the meeting STAFF REPORTS AND DISCUSSIONS. Initiation of a zone change known as Annexation 72-2 Mr Hawley requested that the Planning Commission continue this item until later in the evening in order to discuss with the attorney the possibility that the zone change might not be needed It was the consensus of the Planning Commission to continue this item and place it as #3 under Other Matters Joint meeting with the City Council and the Advisory Traffic Committee on November 27, 1972, at 4.00 p m Mr Hawley suggested that this joint meeting with the City Council would be a good time to bring -up the matter of increased compensation for the Planning Commission meetings There was brief discussion by the Commission as to making an agenda for the joint meeting with the City Council and the Advisory Traffic Committee Com- missioner Ricker stated that he thinks the Commission should get the Council's feelingsin respect to a special zoning for Lincoln Avenue There was also brief discussion regarding another special meeting that would be held by the Planning Commission in regards to the Sign Ordinance Presentation by the Assistant City Engineer regarding bicycle trails along Valley View south of Orangewood Mr Coakley stated for the Commission's benefit that on Holder Street south of Orangewood bicycle trails had been established He stated that on the south- east corner there was a proposed park and south of the park, parking had been eliminated on both sides of the street The parking land had been utilized on the east side for bicycle trails He stated that the bicycle trails were 8 ft wide with lavish landscaping He then displayed the plans for the Commission's consideration Arterial Highway Financing Program Mr Coakley explained the purpose and function of the County's Arterial High- way Financing Program for the Commission's benefit He stated that each year the Engineering Division must submit recommendations for the following year for inclusion in the County's Arterial Highway Financing Program Mr. Coakley stated that the two projects for this year were Denni Street from Orange to Ball and Valley View Street from Ball to Orange. There was discussion by the Commission on the subjects brought up by Mr Coakley -1- Planning Commission Minutes November 16, 1972 Mrs Vickie Evans, 9326 Cambridge, Cypress, addressed the Commission and spoke in regards to the improvement of Denni and Orange and also on the improvement of Orange and Bloomfield Mrs. Evans also spoke briefly in regards to the Capital Improvements Program There was further discussion by the Commission regarding various signals in the City and among the ones discussed were Lincoln and Valley View and Fred Drive and Valley View Initiation of a zone change known as Annexation 72-2 Due to the fact that Mr Hawley had been contacted by the City Attorney he sug- gested that the Commission consider an initiation of a zone change known as Annexation 72-2 It was the consensus of the Commission to consider this item at this time Mr Hawley gave a brief report for the Commission's consideration He stated he would recommend that zoning be initiated on the property to place it in an RU Residential Urban Zone which would be compatible with the surrounding zoning and also compatible with the revised General Plan Commissioner Ricker asked whether or not there had been any interest shown in the surrounding area by the citizens regarding the zone change Mr Hawley stated that he was not aware of the residents' feelings regarding the matter It was moved by Commissioner Ricker and seconded by Commissioner Hart to initiate the zoning of the subject property to an RU Residential Urban Zone as recommended by the Planning Director The motion was carried with the following voice vote. AYES 3 COMMISSIONERS. Ricker, Hart, Warren NOES. 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONER: Sonju Referral from City Council of changes to the proposed Zoning Ordinance (Text only) as approved by the Planning Commission on November 2, 1972. Proposed changes will be submitted under separate cover following Council meeting of November 13, 1972 Regarding this matter it was suggested by Mr Hawley that this item be tabled until such time that the City Council had completed their revisions on the Zoning Ordinance He stated that at this time they had not been completed It was moved by Commissioner Hart, seconded by Commissioner Ricker and unani- mously carried to table Item #1 under Other Matters until such time that it was appropriate RECESS. Chairman Warren declared a recess of the Planning Commission at 5.39 p m until 7 30 p m CALL TO ORDER: The meeting of the Cypress Planning Commission was called back to order at 7.42 p m , in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT Commissioners Ricker, Sonju, Hart, Warren ABSENT. None Also present were Planning Director, Brian Hawley and Deputy City Attorney, Bud Fish -2- Planning Commission Minutes November 16, 1972 ORAL COMMUNICATIONS: Mr. Tom Van Ruiten, Lakewood, addressed the Commission and asked if the Plan- ning Commission could possibly bring up the matter of his dairy in the southern part of the City at the joint meeting with the City Council and the Advisory Traffic Committee Specifically, Mr. Van Ruiten requested that the left turn lane into his property be taken into consideration. Mr Hawley advised that Mr. Van Ruiten take his problem directly to the Advisory Traffic Committee and see what could be done Consideration of Community Design Criteria Chairman Warren stated that at this time the Community Design Criteria would be taken into consideration by the Commission Mr Hawley made a brief presentation to the Commission for their consideration He suggested that the Commission could merely adopt this in total by resolution as a statement of policy He stated that it could be a set of standards for consideration by the Planning Commission in its review of projects subject to design review as required by the new Zoning Ordinance Commissioner Sonju stated that she had brought with her an example regarding design review from another City She stated that it contained a variety of pictures which made an impressive presentation She stated that she liked the City of Cypress' design review criteria but she felt that it could be shorter and perhaps more pictures could be interspersed throughout the docu- ment Commissioner Sonju passed the booklet around in order to allow the other members of the Commission to consider the possibility There was discussion by the Commission regarding the design review criteria and how it could be improved to apply to the City of Cypress It was moved by Commissioner Sonju, seconded by Commissioner Hart and unani- mously carried to table this item until the staff has had time to review it and come up with certain recommendations as to how the document can be applied to the City of Cypress PUBLIC HEARINGS PUBLIC HEARING RE. SIGN ORDINANCE The Chairman announced that this was the time and place to consider a new ordinance regulating the construction and maintenance of signs within the City of Cypress This new ordinance will be considered as an amendment to the proposed Zoning Ordinance and its inclusion in said ordinance as Section 15 The Chairman declared the public hearing open and requested the staff to present its report Mr Hawley made a brief presentation of the proposed Sign Ordinance He stated that there were no provisions in the proposed sign ordinance for billboards and he also suggested that blinking, flashing, or rotating signs not be allowed in the City RECESS: Chairman Warren declared a recess at 8.15 p m The meeting was called back to order at 8.19 p m with the following Commissioners present PRESENT: Commissioners Ricker, Sonju, Hart, Warren ABSENT. None Mr Hawley discussed briefly the four (4) commercial zones in the City and explained that the proposed sign regulations for the CH Commercial Highway Zone and the CG Commercial General Zone were identical He stated that there -3- Planning Commission Minutes November 16, 1972 were special signs proposed for service stations and he also stated that the proposed regulations offered a maximum height for freestanding signs of 20 feet or the height of the building whichever is more restrictive Being no further comments by Mr Hawley the Chairman opened the discussion to members of the audience. The Chairman asked if there was anyone wishing to speak either in favor or against the proposed sign ordinance The ing following people addressed the Commission and conveyed their concern regard - various parts of the sign ordinance as proposed by staff. Mr Jerry Holm, Mrs Daryle Ellwart, Mr Ed Godfrey, Mr Charles Pink, Mr Tom Van Ruiten, Mr William Forbes Mr Herman Lehner, Mrs. Vickie Evans, Mr. Robert Decker, RECESS. 10216 Blackriver Court, Cypress Chamber of Commerce, 5178 Cumberland Drive, 8702 Acacia Drive, 12517 206th Street, 5321 Langdon Lakewood, Ca 9326 Cambridge Street, 7962 La Mirada Circle, Chairman Warren declared a recess at 9.50 p m The order at 9.57 p m with the following Commissioners meeting was present. PRESENT Commissioners Ricker, Sonju, Hart, Warren ABSENT None Fountain Valley, Ca Cypress, Ca Cypress, Ca. Cypress, Ca Lakewood, Ca North Hollywood, Ca Cypress, Ca. Buena Park, Ca. called back to The following persons also spoke in regards to the sign ordinance and they suggested changes to the proposed document Phillip Long, Mike Whalin, 4102 Palo Verde, Lakewood, Ca. 8549 Pierce Drive, Lakewood, Ca Mr. Hawley briefly reviewed for the Commission's benefit the items that would require a decision by the Commission He stated that there had been discussion regarding the commercial zones especially the CG and CH zones He made reference to the fact that there had been comments regarding real estate signs, design review, temporary signs and whether or not business signs should remain lighted after the business has closed for the night His recommendation to the Commission would be to have the signs turned off after business hours except in the CG and CH zones Mr Hawley further stated that the Commission had to make a decision on the following items• the height of freestanding signs, blinking, flashing, or rotating signs, and billboards The and the Commission discussed briefly the items that were brought -up by the audience staff It was the consensus of the Commission to request further study on sign ordinance and continue this matter to a later date It was moved by Commissioner Sonju to continue the sign ordinance to Tuesday, November 21, 1972 The motion died for lack of a second It was moved by Commissioner Ricker seconded by Commissioner Sonju and unani- mously carried to continue the consideration of the sign ordinance to Thursday November 30, 1972 MINUTES: October 19, 1972 It was moved by Commissioner Hart, seconded by Commissioner Sonju and unani- mously carried to approve the minutes of October 19 1972, as written REPORTS OF OFFICERS AND COMMISSIONERS. -4- Planning Commission' Minutes November 16, 1972 There were no reports of officers and commissioners at this time. ADJOURNMENT: Being no further discussion, it was moved by Commissioner Sonju, seconded by Commissioner Hart and unaimously carried to adjourn at 10:50 p m until Monday, November 27, 1972, at 4.00 p.m. for a joint meeting with the City Coun- cil and the Advisory Traffic Committee CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECR TARY OF THE PLANNING COMM .SION MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD November 30, 1972 An adjourned regular meeting of the Cypress Planning Commission was called to order at 7'46 p.m. on Thursday November 30, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Warren presiding PRESENT: Commissioners Ricker, Sonju, Hart, Warren ABSENT• None Also present were Brian Hawley, Planning Director and City Attorney John Murphy ORAL COMMUNICATIONS. There were no oral communications at this time. STAFF REPORTS AND DISCUSSIONS. Referral from the City Council of changes to the Zoning Ordinance text. Mr Hawley presented a brief review of the resolution which was presented to the Commission for their approval It was moved by Commissioner Hart, seconded by Commissioner Ricker and unanimously carried to adopt the changes as suggested by the Council in the wording of Resolution No 597 as presented by the Planning Director It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to add the following to the afternoon agenda• Referral from the City Council of changes to the proposed Land Use Map of the General Plan Referral from the City Council of changes to the proposed new Zoning Map Mr Hawley indicated for the Commission's benefit the changes made by the City Council to the proposed Zoning Map as well as the proposed Land Use Map of the General Plan There was a brief discussion by the Commission regarding the area in the vicinity of Bishop, Nelson, Camp, Walker and Newman It was moved by Commissioner Ricker and seconded by Commissioner Hart to go along with the recommendations of the City Council and to adopt Resolution No 598 with the understanding that the Commission would have this area studied and it would be placed on the agenda for the second meeting in January with the intention of rezoning the area The motion was carried with the following roll call vote. TO WIT• ALL AYES Referral from the City Council of changes to the proposed Land Use Map of the General Plan It was moved by Commissioner Hart and seconded by Commissioner Ricker to adopt Resolution No 596 as presented by the Planning Director. TO WIT: ALL AYES PUBLIC HEARINGS CONTINUATION OF A PUBLIC HEARING RE: SIGN ORDINANCE The Chairman announced that this was the time and place to consider a new ordi- nance regulating the construction and maintenance of signs within the City of Cypress This new ordinance will be considered as an amendment to the proposed Zoning Ordinance and its inclusion in said ordinance as Section 15. The Chairman declared the public hearing open and requested the staff to present its report Planning Commission Minutes November 30 1972 Mr Hawley gave a brief review of the items that had previously been discussed by the Commission in regards to the proposed sign ordinance. There was discussion and input from the following people regarding revolving signs, roof signs, freestanding signs, real estate signs, a maintenance program sponsored by the Chamber of Commerce and several other proposed changes to the ordinance. Mr Jerry Jackson, Mr C J Blasiar, Mrs. Daryle Ellwart, Mr. Burt Sugden, RECESS. 311 North Normandy Avenue, Los Angeles, Ca. 6122 Lincoln Avenue, Cypress, Ca Cypress Chamber of Commerce, Cypress, Ca 4177 Devon Circle, Cypress, Ca. Chairman Warren declared a recess at 9:40 p m The meeting was called back to order at 9'48 p m , with the following Commissioners present: PRESENT. Commissioners Ricker, Sonju, Hart, Warren ABSENT' None It was moved by Commissioner Sonju to close the public hearing The motion died for lack of a second The following corrections and/or additions were made with the majority of the Commission in agreement' Page 60. - Section 15.1 General Provisions B Shall be changed to read as follows: "No sign shall simulate movement by means of fluttering, spinning or reflective devices. Rotating signs shall be permitted subject to a maximum of eight (8) revolutions per minute " Page 60 - Section 15.1 Cont. C Shall be changed to read as follows' "Except in the CN, CG and CH Zones, no identification sign shall be lighted except during the hours when the establishment identi- fied is open for business." Page 60 - Section 15 1 Cont H. Shall be changed to read as follows: "All signs together with all of their supports, braces, guys and anchors shall be kept in repair and in a safe state of preservation The display surfaces of all signs shall be kept neatly painted or posted at all times. Also all weeds shall be cleaned and removed periodically The Building Official may order the removal of any sign that is not maintained in accordance with the provisions of Section S-305 of the Uniform Sign Code." Page 60 - Section 15 1 Cont ADD Section I to read as follows: I. No cloth paper plastic or similar advertising signs or devices other than in rigid frames as provided herein shall be permitted Page 60. - Section 15.1 Cont. ADD Section J to read as follows J Signs painted on or attached to vehicles which are parked on the premises for a period in excess of 24 hours shall be considered signs within the meaning of this ordinance and shall be specifically prohibited Page 60. - Section 15.1 Cont. ADD Section K to read as follows. K No roof signs shall be permitted. - 2 - Planning Commission Minutes November 30, 1972 Page 60 - Section 15 1 Cont ADD Section L to read as follows L No person shall exhibit, post or display upon any sign or wall any statement, symbol or picture of an obscene nature Page 60 - Section 15 1 Cont ADD Section M to read as follows: M No person, firm or corporation shall erect, construct, enlarge, modify or relocate any sign in the City without first obtaining a building permit for each such sign Where said sign is electrical or illuminated by electricity, a separate electrical permit shall be obtained. Page 61 - Section 15 3 A A Shall read as follows. "Directional Signs. In any zone, one parking directional sign not exceeding ten (10) square feet in area or six (6) feet in height at each parking area entrance or exit. Page 61. - Section 15.3 C. 1. Change the words "four (4) feet in height" to read "six (6) feet in height " Page 61 - Section 15 3 C. 2 Change the words "four (4) square feet in area," to read "ten (10) square feet in area," Also change the words "four (4) feet in height" to read "six (6) feet in height " Page 61 - Section 15 3 C 3 Shall be changed to read as follows: 3 Directional subdivision signs - in any zone, unlighted signs advertising subdivisions containing only the name of the sub- division, the name of the developer and/or agent, an identifi- cation emblem and a directional message shall be permitted, provided - Page 62 - Section 15 3 C. 3 d Shall be changed to read as follows• d Directional subdivision signs may be displayed during the two years following the date of recordation of the final map or until one hundred percent (100%) of the lots have been sold Page 62 - Section 15 3 C 3 g Section e shall be deleted Page 62. - Section 15.3 D. Shall read as follows D For retail commercial uses in any zone where such uses are listed as a permitted or conditional use, sale signs may be permitted while a sale of goods or services is being conducted Such signs shall be displayed only in a rigid frame on the wall of the building wherein the business is conducted and shall not exceed in area 10% of the wall area of the building Page 62. - Section 15 3 E. Shall read as follows: E For retail commercial uses in any zone where retail sales or rentals are listed as a permitted or conditional use, one single - faced attraction board not exceeding six (6) square feet in area shall be permitted Such sign shall be used only for the purpose of indicating prices on products for sale or rent Freestanding signs shall not exceed six feet in height Page 63 - Section 15 5 A. 1 Change the words "building frontage" to read "property frontage" 3 t. u Planning Commission Minutes November 30 1972 Page 63. - Section 15 5 B i Shall be changed to read as follows. B 1 One freestanding lighted sign indicating the name of the shopping center not exceeding seventy-five (75) square feet in area Freestanding signs shall not exceed thirty feet (30') in height. Page 64 - Section 15 5 B 2 Shall be changed to read as follows. B. 2 Change the word "building" to read "property frontage." Page 64 - Section 15 5 C C shall be changed to read as follows: C Commercial Uses in the CG Zone, Except Service Stations Page 64 - Section 15 5 C i Shall be changed to read as follows: 1 For each use, one lighted freestanding sign not exceeding seventy- five (75) square feet in area, provided, however, that there be no more than one sign per lot or parcel of land Where more than one business is being conducted on a single lot or parcel of land, the permitted sign area for each business shall be combined into one freestanding signup to a maximum combined area of one hundred and fifty (150) square feet Freestanding signs shall not exceed thirty feet (30') in height Page 64. - Section 15 5 C 2 Change the word "building' to read as follows "property frontage Page 64 - Section 15 5 D Delete old Section D. and add new Section D. to read as follows: D Commercial Uses in the CH Zone, Except Service Stations 1 "Commercial uses in the CH Zone except service stations signs shall be permitted to the same extent as in the CG Zone provided however additional signing may be approved subject to review by the Planning Commission Page 64 - Section 15 5 E Change old Section D to be new Section E. to read as follows. E Service Stations in the CN, CG and CH Zones 1 One lighted, freestanding sign not exceeding fifty (50) square feet in area Such sign shall not exceed thirty feet (30 ) in height 2 Not more than two wall or canopy signs, each sign not exceeding thirty (30) square feet in area. 3 Not more than one price sign not exceeding twelve (12) square feet in area Page 64 - Section 15 5 F Change old Section E to be new Section F to read as follows: F. Public and Semi -Public Uses: "C" Zones One lighted sign not exceeding thirty (30) square feet in area Freestanding signs shall not exceed six feet (6') in height Page 65. - Section 15,7-3 Section 15 7-3 shall be deleted Being no further discussion at this time, it was moved by Commissioner Sonju, tom seconded by Commissioner Hart and unanimously carried to close the public hearing It was moved by Commissioner Ricker and seconded by Commissioner Hart to adopt Resolution No 599 recommending to the City Council the addition of the Sign Ordinance to the Zoning Ordin2.nce of the City of Cypress Planning Commission Minutes November 30, 1972 Commissioner Sonju stated that she would be voting against this motion because she feels it totally disregards all the aesthetic values of the community of Cypress She also stated that she was frankly embarrassed by the contents of the document The motion was voted on The motion was carried with the following roll call vote: AYES. 3 COMMISSIONERS: Ricker, Hart, Warren NOES: 1 COMMISSIONER: Sonju ABSENT. 0 COMMISSIONERS' None MINUTES: October 26, 1972 It was moved by Commissioner Sonju, seconded by Commissioner Hart and unanimously carried to approve the Minutes of October 26, 1972, as written ADJOURNMENT Being no further business Chairman Warren declared the meeting adjourned at 12.01 a m • CHAIRMAN OF THE PLANNING COMMISSION ATTEST' SECRE ARY OF THE P ING COMMIS ION 5 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS HELD December 21 1972 The regular meeting of the Cypress Planning Commission was called to order at 4:07 p m , on Thursday, December 21, 1972, in the City Council Chambers 5275 Orange Avenue Cypress, California, Chairman Warren presiding PRESENT Commissioners Ricker, Sonju, Warren ABSENT. Commissioner Hart Also present were Brian Hawley, Planning Director and Ray Coakley, Assistant City Engineer MINUTES The Chairman postponed the consideration of the minutes until the last item on the afternoon session of the agenda STAFF REPORTS AND DISCUSSIONS. Commission review of plot plans and elevations for office building at 9201 Bloomfield Street The Chairman announced that the Commission would consider the plot plans and elevations for an office building located at 9201 Bloomfield Street The Commission retired to the conference room in the Chambers in order to consider the plans COMMISSIONER HART ARRIVED AT 4 10 P M It was stated by the applicant that eight (8) parking spaces would be provided as well as one driveway to serve an office building of 1,800 square feet in area He stated that the building would be in the same architectural style as the existing building He then displayed photos for the Commission's consideration He stated that he planned to retain the existing trees presently on the property Mr Hawley recommended approval of the plot plans and elevations as submitted by the applicant It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to approve the plot plans and elevations as submitted subject to review and approval by the Planning Director of the irrigation and landscape plans Ambulance Service Mr Hawley requested that the Commission place an item on the agenda regard- ing allowing an ambulance service in the City of Cypress It was moved by Commissioner Sonju, seconded by Commissioner Warren and unan- imously carried to place on the agenda as Item #1 a the consideration of allowing an ambulance service in the City of Cypress w Mc Hawley presented a staff report for the Commission's consideration re- questing a determination as to a use not listed in the CH Commercial Highway Zone Mr Hawley also stated that he had received letters of reference which have been signed by various doctors and hospital representatives in the neighborhood pertaining to the applicants ability to perform the job and recommending approval -1- Planning Commission Minutes December 21 1972 Mr Charles R Craig, 1210 Berkley, Anaheim, the applicant, addressed the Commission and spoke in favor of the request to allow an ambulance service in the City of Cypress After brief discussion by the Commission it was moved by Commissioner Ricker and seconded by Commissioner Warren to make a determination that an ambulance service is a permitted use iri the CH Zone subject to the issuance of a Conditional Use Permit During the discussion of the motion Commissioner Sonju and Hart stated that they would be in favor of permitting this use without a conditional use permit The motion was then voted on The motion failed to carry with the following roll call vote: NOES ° 2 COMMISSIONERS Sonju and Hart AYES 2 COMMISSIONERS: Ricker and Warren ABSENT. 0 COMMISSIONERS: None It was moved by Commissioner Hart and seconded by Commissioner Sonju to find that an ambulance service is a permitted use in the CH -Commercial Highway Zone without a conditional use permit and also to accept the staff's report The motion was carried with the following roll call vote: TO WIT: ALL AYES Report to the Commission ori Home Occupation Permits issued as of December 15, 1972 Mr Hawley briefly reviewed for the Commission's benefit the home occupation permits chat he had approved as of December 15, 1972 He outlined the occupations involved and the location of the applicants Review of Environmental Impact Scatemem. -- proposed improvement of Orange Avenue Mr Coakley presented a report to the Commission. regarding Project 7201-10 Orange Avenue Street Improvements (Environmental Impact Statement) He stated that he would be adding to his report the undergrounding district for the Edison and Telephone Companies from west of Walker to west of Moody After reviewing the report for the Commission, Mr Coakley requested that the following be added to the report He requested that the title be changed to read as follows ENVIRONMENTAL EFFECT REPORT ON PROPOSED CONSTRUCTION ON ORANGE AVENUE FROM 600' W/o WALKER STREET TO 1300' E/o WALKER STREET AND FROM GRINDLAY STREE'I TO 200' + OR - WEST OF MOODY STREET He requested that A LOCATION be changed to read as follows. The project is one-quarter (1) mile East of the City of Cypress Civic Center and extends from 600' W/o Walker Street to 1300' E/o Walker Street and from Grindaly Street to 200' + or - West of Moody Street He requested that B. DESCRIPTION be changed to read as follows Walker Street is also designated as a secondary highway and also included in this project is undergrounding overhead wires from Walker Street 200' + or - west of Moody Street Planning Commission Minutes December 21, 1972 He requested that C PURPOSE be changed to read as follows A defect in drainage East of Walker also will be corrected The removal of overhead wires will enhance the environment in this area. He requested that A. EXISTING CONDITIONS be changed to read as follows. Telephone and electrical service from Walker Street to the Civic Center exists as electrical wires from Grindley to Moody The poles on the northwest corner of Orange and Walker are not included There was brief discussion by the Commission regarding environmental impact statements Being no further discussion it was moved by Commissioner Hart and seconded by Commissioner Ricker to find in relation to Project 7201-10 that this project is in conformance with the California Government Code and the Public Resource Code in relation to the environment and also subject to the changes as recommended by Mr, Coakley The motion was carried with the following roll call vote TO WIT: ALL AYES Commissioner Sonju stated that in the future she would like to have a sketch accompany reports from the Public Works Department and she further stated that she would like to see the Planning Director more involved in the reports MINUTES November 2, 1972 It was requested by Commissioner Warren to make the following correction on Page 9, Paragraph 5 " Being no further business at this time the Chairman declared the meeting adjourned at 10°48 p m until November 9, 1972, at 7:30 p m " Being no further corrections or additions it was moved by Commissioner Ricker seconded by Commissioner Sonju and unanimously carried to approve the minutes of November 2, 1972, subject to the correction. November 9, 1972 Commissioner Warren requested that the following correction be made for the title of one of the areas discussed by the Planning Commission Northeast corner of Ball and Bloomfield Being no further corrections or additions it was moved by Commissioner Hart, seconded by Commissioner Ricker and unanimously carried to approve the minutes of November 9, 1972, subject to the correction Miscellaneous Discussion There was brief discussion by the Commission regarding the following items: the retarding basin, bicycle trailways, ramps for physically handicapped people and Robert Decker's property RECESS Chairman Warren declared a recess of the Planning Commission at 5.40 p m until 7 30 p m Planning Commission Minutes December 21, 1972 CALL TO ORDER. The meeting of the Cypress Planning Commission was called back to order at 7 35 p m , in the Cypress City Council Chambers 5275 Orange Avenue, Cypress, California Chairman Warren presiding PRESENT Commissioners Ricker, Sonju Hart Warren ABSENT. None ORAL COMMUNICATIONS There were no oral communications at this time RECESS Chairman Warren declared a recess of the Planning Commission at 7:38 p.m. The meeting was called back to order at 8:00 p.m. with the following Commissioners present: PRESENT: Commissioners Ricker, Sonju, Hart, Warren ABSENT. None PUBLIC HEARINGS PUBLIC HEARING RE: ZONE CHANGE N0, Z-217 -- ANNEXATION #72-1 The Chairman announced that this was the time and place to consider the rezoning of approximately 9 acres of land in the 4700 block of Lincoln Avenue situated on the southerly side of Lincoln Avenue opposite Sumner Place to the CH Commercial Highway Zone and M-1 Light Manufacturing Zone This is a pre -annexation zoning request whereby the zoning will become effective upon annexation of the property to the City of Cypress Said property is proposed for annexa- tion under Annexation #72-1 and known as Zone Change No Z-217 The Chairman declared the public hearing open and requested the staff to present its report. Mr Hawley requested that the Commission take Item t3 out of order and consider it along with Zone Change No Z-217. It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unan- imously carried to take Item #3 out of order and consider it along with Item ##1 The Chairman announced that this was the time and place to consider a proposed conditional use permit to establish, operate and maintain an automobile sales and service facility together with incidental warehousing operation on a parcel of land containing approximately 9 acres of area situated in the 4700 block of Lincoln Avenue on the southerly side of Lincoln Avenue opposite Sumner Place This conditional use permit is being filed in conjunction with Zoning Case No Z-217 which proposes to place the property in a CH Commercial Highway Zone and 'M-1 Light Manufacturing Zone upon annexation of the property to the City of Cypress This case is known as Conditional Use Permit No C-284 The Chairman declared the public hearing open and requested the staff to present its reports on both cases Mr Hawley presented Planning Staff Reports PC#72-82 and PC#72-83 for the Commission's consideration indicating that the proposal was to prezone the entire area to CH Commercial Highway Zone and that the conditional use permit pertained to only the 2 2 acres of the property located at the northeasterly corner Mr Hawley also read a letter into the record from Mr Al Hyatt expressing his feelings in favor of granting both the zone change and the conditional use permit The Chairman asked if there was anyone wishing to speak in favor of the zone change and/or the conditional use permit -4- Planning Commission Minutes December 21, 1972 Mr David Hyun, architect, addressed the Commission and spoke in favor of the car dealership along Lincoln Avenue and also in favor of the zone change David Hyun, Jr , architect, addressed the Commission and displayed a rendering for the Commission's consideration He stated that they wanted to extend the canopy over the new car display area and have what is known as a garden display area He stated that they had more than enough required landscaping for the project The following people also spoke in favor of the proposed development and the zone change Mr Dick Barbour -- Manager for the Datsun dealership Mrs Daryle Ellwart -- Cypress Chamber of Commerce The Chairman asked if there was anyone else wishing to speak either in favor or against the proposed zone change and conditional use permit The following people presented testimony regarding how eventually it would be Mr William Schaper Mr T J Parker, Mrs John Desloge, Mrs Smolinski, Mr William Grauert, developed: 9173 Ethel Street, 9164 Ethel Street, 9144 Ethel Street, 9143 Ethel Street 9142 Julie Beth St the surrounding land and Cypress, Ca 90630 Cypress, Ca. 90630 Cypress, Ca 90630 Cypress, Ca 90630 Cypress, Ca 90630 Dr Edward K Distler, property owner addressed the Commission and stated for the benefit of the surrounding property owners that there are no immediate plans for development of the rear portions of the property He said that if he did have any plans in the future that he would properly screen the develop- ment from the neighbors Being no further discussion it was moved by Commissioner Ricker, seconded by Commissioner Sonju and unanimously carried to close the public hearings for both Zone Change No Z-217 and Conditional Use Permit No C-284 It was moved by Commissioner Ricker and seconded by Commissioner Sonju to adopt a resolution recommending approval to the City Council of Zone Change No Z-217 The motion was carried with the following roll call vote TO WIT. ALL AYES It was moved by Commissioner Hart and seconded by Commissioner Sonju to approve Conditional Use Permit No C-284 subject to the following conditions: 1 The provisions of this Conditional Use Permit and the rights granted therewith shall not become effective until the subject property is officially annexed to the City of Cypress and until an ordinance placing the property in a CH Zone becomes effective 2 The development of the subject property shall be in compliance with the plot plan and elevation submitted with this request The use of building materials shall be as outlined on the ele- vation plan All mechanical and roof equipment shall be screened from the street and adjacent properties 3 A plan of the landscaping and irrigation system shall be sub- mitted for review by the Planning Commission At the same time that these plans are presented, plans indicating the proposed signing program shall be presented for review and -5- Planning Commission Minutes December 21 1972 approval by the Planning Commission This proposed develop- ment shall also be submitted for design review at the same time due to the fact that there are so many extensive changes being proposed 4 A Division of Land Map identifying the subject property as a separate parcel shall be prepared by a licensed engineer and submitted for approval by the City Engineer and Planning Director 5 Prior to the issuance of a certificate of occupancy for the proposed use, the existing buildings and structures shall be relocated or demolished in accordance with City requirements 6 All new construction shall be in conformance with the requirements of Fire Zone ##2 and the 1970 Uniform Building Code 7 All lighting on the subject property shall be arranged so that direct rays do not shine on adjacent properties 8 Prior to the issuance of a building permit for any new construc- tion a soils analysis and bearing report prepared by a qualified engineer shall be submitted to the Public Works Department 9 Drainage fees shall be paid in accordance with Master Plan of Drainage 10 Drainage shall be solved to the satisfaction of the City Eningeer 11 All secondary and primary utility services shall be underground 12 Street lights shall be installed per City Standards 13 Advance street light energy charges shall be paid 14 All streets shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways 15 St-•eet trees (15 gal ) 40' feet on center shall be installed along streets in conformance to the street tree policy of the Public Works Department The type of trees shall be as required under the Town- scape and Urban Design Element of the General Plan 16 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards 17 Plan checking and inspection fees amounting to 32% of the street improvements shall be paid 18 Developer shall conform to all applicable provisions of the City Code 19 The canopy may be extended to within 5 ft of the front property line to provide for a garden type display 20 Glazed tile may be used instead of Spanish tile 21 A minimum 6 ft high block wall shall be provided along the rear and east side property lines adjacent to the single family residences Planning Commission Minutes December 21, 1972 It was also the consensus of the Commission to approve the environmental impact statement due to the fact that it would have no adverse effects on the environment The motion was carried with the following rcli call vote. TO WIT: ALL AYES RECESS Chairman Warren declared a recess at 9.32 p m The meeting was called back to order at 9 40 p m with the following Commissioners present. PRESENT: Commissioners Ricker, Sonju, Hart, Warren ABSENT: Note It was moved by Commissioner Sonju seconded by Commissioner Hart and unan- imously carried to take Item #4 out of order PUBLIC HEARING RE: VARIANCE NO V-316 -- 5601 BISHOP STREET: The Chairman announced that this was the time and place to consider a proposed variance to construct use and maintain a four -unit apartment building on a parcel of land having less than 2 acres in area and less than 130 feet of width and to permit said building to encroach into the required side yard setback areas Said parcel of land is located at 5601 Bishop Street situ- ated on the northerly side of Bishop Street approximately 465 feet easterly of Walker Street in the RM Residential Multiple Family Zone This case is known as Variance No V-316 The Chairman declared the public hearing open and requested the staff to present its report Prior to Mr Hawley's staff report Commissioner Hart stated that he would be abstaining from the public hearing due to a personal relationship with the applicant Mr Hawley presented Planning Staff Report PC#72-dl for the Commission's consideration The Chairman asked if thele was anyone wishing to speak in favor of the proposed variance Mr Jerry Moore, 4832 Park Avenue, Cypress, addressed the Commission and stated that he was willing to go along with the suggestion by Mr Hawley and have only three (3) units instead of four (4) Mr Hawley suggested two items for the Commission to keep in mind in making a determination He asked if the Commission was going to allow development of the subject property on a site having less than the required area and if the Commission was going to allow any encroachment into the yard area Mr Moore then spoke in favor of the development along with the contractor for the project and he stated that it was a very desirable development for this particular property and for the City of Cypress Commissioner Sonju stated that she thought the overall effect of this type of development would be a tunnel -like effect and she would not be in favor of the development Commissioner Ricker stated that he appreciates the property owner's problems with small lots but he too feels that this type of development would be a detriment to the area Mr Moore stated that the fact that this is an exceptional lot due to its being on an alley it should be considered carefully Planning Commission Minutes December 21, 1972 The Chairman asked if there was anyone else wishing to speak regarding the proposed variance There was no one It was moved by Commissioner Sonju, seconded by Commissioner Ricker and unanimously carried to close the public hearing It was moved by Commissioner Sonju and seconded by Commissioner Ricker to deny Variance No V-316 due to the fact that it is not in conformance with the zoning ordinance regulations and also due to the fact that the majority of the Commission feels the development would be a detriment to the area The motion was carried with the following roll call vote: AYES. 2 COMMISSIONERS Ricker and Sonju NOES' 1 COMMISSIONER. Warren ABSENT: 0 COMMISSIONERS: None ABSTAIN• 1 COMMISSIONER° Hart PUBLIC HEARING RE. ZONE CHANGE NO Z-218 -- INITIATED BY THE CITY OF CYPRESS The Chairman announced that this was the time and place to consider the rezoning of two small remnant parcels of land situated adjacent to the northerly side of the First Baptist Church at 9131 Watson Street in the City of Cypress This property was recently annexed to the City under Annexation #72-2 and is proposed to be located in the RU Residential Urban Zone and known as Zone Change No Z-218 Mr Hawley presented Planning Staff Report PC#72-80 for the Commission's consideration The Chairman asked if there was anyone in the audienze wishing to speak either in favor or against the proposed zone change There was no one It was moved by Commissioner Hart, seconded by Commissioner Sonju and unanimously carried to close the public hearing It was moved by Commissione--" Ricker and seconded by Commissioner Sonju to adopt a resolution recommending approval to the City Council of Zone Change No Z-218 The motion was carried with the following roll call vote TO WIT• ALL AYES REPORTS OF OFFICERS AND COMMISSIONERS: There were no reports of officers and commissioners at this time ADJOURNMENT: Being no further discussion the Chairman declared the meeting adjourned at 10.10 p m until January 4, 1973, at 4.00 p m ATTEST SECRETARY OF THE PLANNING COMMI ION -- CHAIRMAN OF THE PLANNING COMMISSION -8-