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Minutes 1977-02-17MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD February 1' 1077 The regular meeting of the Cypress Planning Commission was called to order at 6 40 p m on Thursday February 17 1977 in the Cypress City Council Chambers 5 75 Orange Avenue Cypress California Chairman Gerald Mullen presiding PRESENT ABSENT Commissioners Friedmann Van Allen Mullen None Greenwood Partin Also present were Brian Hawley Planning Director Art Schat eder Public Works Director Eli-abeth Strauss Deputy City Attorney Sandy Pegueros Business License/Zoning Inspec- tor and Don Lamm Assistant Planner PLEDGE OF ALLEGIANCE The pledge to the flag was led by Commissioner Friedmann MINUTES February 3 1977 It was moved by Commissioner Greenwood seconded by Commis- sioner Friedmann and unanimously carried to approve the February 3 minutes Chairman Mullen added two items to the agenda one regarding the Eastern Pacific Development Company office complex on Orange Avenue and the second regarding the signing for Cypress Floor Covering at Moody and Ball ADMINISTRATIVE MATTERS 1 Request for outdoor display Wall Furniture Galleries 9929 Walker Street. The Zoning Inspector reported that during regular field in- vestigations staff noticed the use of outdoor display of furniture by Wall Furniture Galleries 9929 Walker and advised the owner such use is not permitted and suggested that he submit a request to the Planning Commission Staff received a request from Mr Louis Reinit the owner for the outdoor display Mr Reinit indicated in his February 8 letter that the outdoor display would be used as the need arises would not interfere with foot traffic and would be attractive Mr Louis Reinit stated he would like to use the area directly in front of his store whi h is recessed about 12 feet back from the front of the Fa io's store He proposed outdoor dis plays every Saturday and Sunday and for special sales which would be held on the weekend One or two pieces of furniture would be displayed and they would not interfere with the walking area Mr Reinit felt outdoor display was necessary to attract attention to his bu_iness and he stated it definitely has helped business in the past He pointed out that there has been reduced traffic and business in the shopping center which he felt was due to the declining appearance lack of maintenance and opening of new shopping centers in the area Mr Reinit stated he tries to run a nice clean business and he would not display furniture outside which is not indicative of the type he carries indoors He indicated he uses advertising in the Pre s Telegram Pennysaver and through direct mail on an on- going basis Planning Commission Minutes February 17 197' Chairman Mullen suggested that the merchants in the center get together with the manager to clean up the center He felt it is still a modern center with the possibility of expansion for office space and that the center has not reached its potential He stated he would oppose random outdoor displays throughout the City He stated he could support the display for special events but not for every weekend Commissioner Van Allen also suggested that the merchants demand better maintenance which they have a right to expect since the tenants probably pay a maintenance fee for the common areas The Planning Director stated the center was not developed under a conditional use permit He suggested that staff could send a letter to the owner of the center expressing the tenants and Commission's concerns over the declining appearance and lack of maintenance The Commissioners also voiced concerns over setting a precedent and noted that Statueland next door would present an unsightly problem if they made the same request for outdoor display The Planning Director suggested that the Commission could approve the i suance of a temporary permit for outdoor display for weekends only for a three month period and staff could report back on the repercussions of the display at the end of that time Commissioner Partin stated the display has been used here before and has not created a proliferation of requests and he supports the request subject to certain conditions that the display be for a three month period that two or three pieces of furni ture be used that furniture doesn't Klock the walkway and if staff is flooded with requests that permission be revoked Commissioner Friedmann supported this suggestion Commissioners Mullen and Van Allen supported a two month period Chairman Mullen moved to approve the reque t by Wall Furniture Galleries for the temporary outdoor display of furniture for a two month period subject to the condition that the display be restricted to Saturday and Sunday between the hours of operation of the store that only two pieces of furniture be displayed in front of the store in such a way that it causes no interference with foot traffic with the understanding that if problems arise permission will be revoked and that the Commission review this request at the end of two months Commissioner Partin asked that the motion be revised to approve the request for a three month period since weather is improving and people will be out shopping more Chairman Mullen moved to amend the motion to approve the request subje t to the same conditions but for a maximum three month period The motion was seconded by Commissioner Partin and unanimously carried The Planning Commission agreed to direct the Planning Director to send a letter to the shopping center owner expressing the tenants and Commission's concerns over the lack of maintenance and declining appearance of the center Mr James Duncan 978' Rome Street Cypress stated he supported the Commission granting permission and helping the businessman He stated the owner is running a clean store he has never blocked the property with junk and he needs something to attract business since he is so far off of Walker Street Planning Commission Minutes February 17 1977 2 Report on status of Cypress Farms Frank Gallo The Planning Director reported that the owner has constructed the trash enclosure at the northwest corner of the building has removed the pole for the previous freestanding sign and has repaired and seeded the planter area for lawn There is a proposal to plant shrubs in the planters but he was unaware whether this was done yet He suggested that the Commission receive and file the report and he stated staff will issue the certificate of occupancy after the shrubs are planted which will satisfy all conditions recommended by the Planning Commis- sion Commissioner Partin stated the signing on the marquis has not been up for months and he felt it would be difficult for the owner to change the paper signing The Planning Director stated the owner proposes to use the three signs on Walker and one sign on Cerritos as his permanent signing program The Commission agreed to receive and file the report RECESS Chairman Mullen called a recess at 7 3n p m The meeting was called back to order at 7 40 p m with all Com missioners present ORAL COMMUNICATIONS Mr James Duncan 9787 Rome Street stated he is having difficulty hearing the Commissioners speak CONTINUATION OF PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO. 76-22 - TEMPO FOODS Chairman Mullen announced that this was the time and place for the continuation of the public hearing to consider a proposed conditional use permit to engage in the off site sale of beer in conjunction with an existing drive-in dairy located at 6297 Ball Road Cypress Said property is situated on the north side of Ball Road east of Valley View Street and is located in the CG Commer- cial General Zone Chairman Mullen reopened the hearing and asked for the staff report The Planning Director reported the hearing was continued from the February 3 meeting and the applicant was requested to be present at this hearing Mr Hawley stated the appli cant received a copy of the staff report and it was staff's understanding that the applicant agreed with the five recom mended condition. and has already complied with most of them Chairman Mullen asked if the applicant wished to speak Mr Seiji Ogata 6297 Ball Road Cypress stated he agrees with all conditions Chairman Mullen asked if anyone wished to speak in favor Mr Ken Hulse 5158 Cumberland Drive Cypress stated he is in favor of the conditional use permit but he felt the last three conditions were blackmail Chairman Mullen asked if anyone wished to speak in opposition There were no speakers in opposition The Planning Director reported that regarding the last three conditions the applicant has already repaired the wall, removed the second sandwich -board sign and repainted the light fixtures and standards He stated the owner was willing to do this from the beginning Planning Commission Minutes February 17 19'7 Mr Hulse stated the fact that the owner has done those things does not negate the fact that the conditions were blackmail It was moved by Chairman Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #76 2 subject to the following conditions 1 Issuance of Conditional Use Permit #76-2 is contingent on the applicant obtaining a Type "20' off sale beer and wine license from the State Department of Alcoholic Beverage Control 2 The subject business shall be conducted in compliance with all applicable regulations of the Department of Alcoholic Beverage Control and the City of Cypres Municipal Code 3 All exterior lighting standards and lamp fixtures shall be repainted to the satisfaction of the Cypress Planning Department 4 All illegal sandwich board type signing on the premises shall be removed prior to the issuance of this condi- tional use permit 5 The existing block wall fencing at the northwesterly corner of the property is severely damaged Applicant shall replace or repair the wall to the satisfaction of the Cypress Building Department The motion unanimously carried by the following roll call vote AYES 5 COMMISSIONERS Friedmann Greenwood Van Allen & Mullen NOES 0 COMMISSIONERS None ABSENT 0 COMMISSIONERS None Partin Chairman Mullen closed the hearing ADMINISTRATIVE MATTERS (Continued) 3 Preliminary report and discussion regarding condominium conversions. The Assistant Planner summarised a preliminary report which was transmitted to the Commission regarding condominium con- versions and the adoption of standards governing such conver sions He indicated that a problem exists since the City has been receiving requests by developers to convert apartments to condominiums and the Zoning Ordinance does not spell out different development standards for apartments and condominiums Mr Lamm stated that the development standards for apartments and condominiums are similar the parking landscape and density requirements for example are the same However there is a major difference in the building standards Apartments are of cheaper construction have common plumbing electrical wiring and sewage and do not have as adequate soundproofing or a two-hour fire wall as do condominiums The problem facing staff is which standards to apply if any when a developer wishes to convert an apartment to a condominium The report identified benefits and problems of conversions Benefits included higher assessed valuation of property additional park and recreation fees to the City an increase in the avail- able housing market for people who want to own a home and removal of unmaintained apartments and establishment of a homeowners' association Problems included displacement of tenants decreased rentals overall in the City possibility of consumer problems i e new owners may not be aware they're Planning Commission Minutes February 17 1977 buying something that is used Mr Lamm pointed out two options to maintain City standards which do not permit apartment to condominium conversions or adopt strict standards for conversions so that apartments are brought up to a substan- tial code In response to Chairman Mullen the staff felt that apartments which have an upstairs and downstairs would probably lend themselves to conversion while apartment buildings which are divided into upstairs units and downstairs units would be more difficult to convert Staff felt it would be up to the developer to determine whether a conversion is economically feasible The Planning Director stated staff felt that converted apart- ments should meet condominium standards however staff felt minor deviations could he considered For example on con- verted units to meet the two car attached garage requirement the garage could he located elsewhere instead of being attached to the unit Commissioner Greenwood felt the same strict building standards should apply to an original condominium development or a con- version and he felt the economic feasibility should be deter mined by the applicant He felt if the standards are clear cut then the applicant could best judge the feasibility Commissioner Van Allen felt the status quo was an alternative but he felt the alternative of permitting conversions but establishing high fees thereby inhibiting conversions was distasteful and subject to challenge He suggested that if conversions are permitted the developer should be required to notify prospective buyers that the dwelling is a conversion and not a new construction Commissioner Van Allen stated he supported a moratorium on converting existing apartments He felt if a developer applies to construct apartments staff should notify him that if he wishes to convert to a condominium later then the apartments must be constructed to condominium standards The Planning Director stated that staff recommended the adoption of definite standards for condominiums separate from apartment standards Staff felt that probable requests for deviations from the condominium standards would be in the areas of off street parking and open space/amenities requirements Chairman Mullen indicated his personal concern with converted apartments was that while the conversion extended the lifespan of the building he felt the building might attract the type of tenant who would not maintain it Commissioner Friedmann was concerned over the possible increase of consumer complaints and asked if a developer could be required to advise prospective buyers that the dwelling for instance has old plumbing Staff indicated they were unaware of the requirements of the State Board of Realtors in this area They suggested that the CC Pt R's for a condominium project could contain an exact description of what the construction consists of the type of plumbing firewalls etc The staff reported that they have received requests by devel- opers to convert existing apartments which is one reason why staff began work on the condominium ordinance The ordinance standards would be applicable to any condominium whether a new construction or a conversion Planning Commission Minutes February 17 1977 Commissioner Van Allen felt the Commission should be concerned with subterfuge only as it affects the Commission s responsi bility towards protecting the public health safety and welfare He felt it would be unfair to condominium developers if the City adopted less stringent standards for conversions Chairman Mullen suggested that there might be a different set of standards for conversions which would permit minor devia- tions as the Planning Director pointed out He felt the standards could be based on the age of the building such as applying them to buildings which are less than five years old Mr James Duncan 9787 Rome Street supported separate apartment and condominium standards Chairman Mullen asked for information regarding other cities policies and experiences with conversions and input from the League of California Cities Staff stated they will transmit this information to the Commission but that the information regarding a League model ordinance and input from other cities will be included in the final report He also asked for input from cities which may have permitted different standards for conversions perhaps lower standards and what their experience was Commissioner Friedmann stated she agreed the same standards should apply to new condominiums or con- versions The Planning Director stated the staff will evaluate the Commission s comments obtain the requested information and prepare the final report and ordinance for future consideration at a public hearing 4 Review of capital projects budget. The staff presented a list of capital proiects proposed to be funded in FY 1977-78 Also included were lists of capital project expenditures for fiscal years 1978 79 and 1979-80 Staff reported that the Administrative Coordinating Team gave tentative approval to inclusion of the proiects in the budget and also determined that the proiects are in conformance with the goals and objectives of the General Plan The Com mission was requested to determine whether the projects are in conformance with the General Plan It was moved by Chairman Mullen and seconded by Commissioner Friedmann to find that the capital projects proposed in the 1977-78 1978-79 and 1979-80 budgets are in conformance with the General Plan Commissioner Van Allen stated he could not support the motion since he could not identify several of the projects The staff briefly described the public facilities traffic signal and storm drain projects The motion unanimously carried In regard to the Lastern Pacific Development office complex on Orange oppo ite the Civic Center Chairman Mullen asked if the project was approved prior to the problems which developed regarding the wall at the Mervyn's store The Planning Director reported that the office building condi- tional use permit was approved prior to the Mervyn's wall problem He stated that as a result of the Mervyn's problem he sent a letter to Eastern Pacific Development indicating that the City would expect a substantial landscaping program along the southerly wall adjacent to the single-family resi- dences 6 Planning Commission Minutes February 1' 1977 Commissioner Greenwood congratulated Chairman Mullen on being reappointed to the Planning Commission 5 Consideration of design review - wall signing for Cypress Floor Coverings, 5003 Ball Road. The Planning Director presented a memorandum dated February 14 which transmitted signing plans for Cypress Floor Coverings located at the northeast corner of Moody and Ball The proposed signing totals 40 square feet and will consist of red plastic lettering attached to the building without use of a sign can or illumination The owner has removed the banner sign for which temporary approval expired on November 18 1976 Chairman Mullen asked that staff investigate the convenience store located next door which carries a liquor sign but does not sell liquor and which has deteriorated in appearance Staff stated they will investigate and report at the next meeting Commissioner Van Allen expressed concern that the plans indi- cated the sign will not be illuminated but a parking lot light affixed to the building appears to shine on the sign It was moved by Chaiman Mullen seconded by Commissioner Partin and unanimously carried to approve the sign plans for Cypress Floor Coverings as presented Commissioner Greenwood inquired about the status of Midwood Manor and reported it appears the corner area is still being used for parking The Planning Director reported he has not been contacted by the property management firm but the item is scheduled to be on the next agenda The Planning Director reported that at the February 14 Council meeting the City Council approved a General Plan amendment for the condominium units to the rear of Lincoln Plaza Shopping Center The Council continued consideration of the General Plan amendment regarding the Lincoln Avenue overlay 7one proposal until March 28 at which time they will consider the Zoning Ordinance amendment Commissioner Van Allen asked that staff advise the owner of the 7-11 shopping center at Lincoln and Denni that the land- scaping commitments should be completed before the occupancy permits will be granted ADJOURNMENT. Chairman Mullen adjourned the meeting at 9 55 p m ATTEST TC ^tom cL� CHAIRMAN OF THE PLANNING COMMISSION SE OF'TAE PLAN ING COMMISSION 7