Minutes 1977-04-21MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
April 21, 1977
The regular meeting of the Cypress Planning Commission was
called to order at 6 35 p m on Thursday, April 21, 1977 in
the Cypress City Council Chambers 5275 Orange Avenue Cypress
California, Chairman Gerald Mullen presiding
PRESENT.
ABSENT
Commissioners Friedmann, Greenwood, Van Allen
and Mullen
Commissioner Partin
Also present were Brian Hawley Planning Director, Art Schat-
zeder Public Works Director, Don Lamm, Assistant Planner
Sandy Pegueros, Business License/Zoning Inspector, and Eliza-
beth Strauss, Deputy City Attorney.
PLEDGE OF ALLEGIANCE Commissioner Van Allen led the pledge
to the flag
Mayor Don Hudson presented resigning Commissioner Bert Green-
wood with a Community Service Plaque on behalf of the City
Council in recognition of his service on the Commission from
August 1973 to April 1977 Chairman Gerald Mullen read and
presented a resolution of commendation to Commissioner Green-
wood adopted by the Planning Commission
COMMISSIONER PARTIN ARRIVED AT 6.40 P.M
At the Planning Director's request, Chairman Mullen added
Item #6 under Administrative Matters regarding Tentative Tract
Map #9849 submitted in conjunction with C.U.P. #77-5, and
Item #7 regarding a proposed modification to the approved
signing for the Plankhouse Restaurant At the request of
Commissioner Partin, he added Item #8 regarding parkway trees
in the College Park development.
ADMINISTRATIVE MATTERS•
1 Review of Home Occupation Permit for Lawrence Wuebker,
8661 Acacia Drive.
The Zoning Inspector transmitted a memorandum to the Commission
indicating that staff has received several recent complaints from
neighbors regarding an Amway distributorship operated under a home
occupation permit by Mr Lawrence Wuebker, 8661 Acacia Drive
Staff requested a determination by the Commission as to the
acceptability of the activity as a home occupation since the
staff and applicant disagreed on whether the level of activity
exceeds the scope and intent of home occupations The Zoning
Inspector reported that approval of the home occupation permit
was subject to the condition that if complaints are received
or if the pedestrian or vehicular traffic is increased beyond
that normal to the neighborhood because of the activity then
the permit will be referred to the Commission for a final decision
She stated staff feels the activity is too heavy for a home
occupation
Mr Lawrence Wuebker, 8661 Acacia Drive Cypress indicated
there were three areas which generate complaints the use of
his garage, delivery truck, and increased traffic He reported
his garage is substandard in size and since he did nvt want
to leave it vacant it is used for storage and as a sales office
Planning Commission Minutes April 21, 1977
He reported Amway provides one free truck delivery per week
and there are pick-ups from his home on Thursday between 1.30
and 6 30 p m and on Saturday between 9.30 a m and 1 00 p m
He felt the daily arrival of the UPS truck decreases traffic
and is not unusual in a residential neighborhood He reported
that neighbors are in the construction business and heavy
trucks are driven and parked on their property In regard
to traffic generation Mr. Wuebker reported a total of about
10 cars on Thursday and 15 cars on Saturday make pick-ups
and usually no more than three cars make pick-ups at one time
He reported the cars park on his property and there is no
infringement on neighbors' property He felt the preschool
generates more traffic with 60 cars leaving or arriving each
day Mr Wuebker felt the complaints relate to personal
animosity between neighbors on the street He did not feel
any activity violated the home occupation permit
The staff reported letters of protest were received from
the same two property owners and staff could not respond
because of the need for the Commission's determination
Commissioner Van Allen reviewed the requirements for home
occupation permits with the applicant. Mr Wuebker reported
his is a family operation with no other employees, the operation
is confined to one room, the garage, and no other buildings
are used, and there are no retail sales
Mrs Lawrence Wuebker stated Acacia Drive is unusual She
reported neighbors park construction vehicles on their prop
erty daily She reported she supervises the operation and
has been in business for seven years She felt if there were
no complaints no one would notice the business
Chairman Mullen stated he did not condone individuals using
an official body to satisfy personal gripes which do not relate
to the issue Commissioner Van Allen stated there was insuf-
ficient information outside of the staff report for the Commis-
sion to respond and he felt denial of the activity would be
based on hearsay and would be unfair
It was moved by Chairman Mullen, seconded by Commissioner
Greenwood and unanimously carried to receive and file the matter
Commissioner Van Allen stated the Commission's action did not
give blanket approval to the activity but indicated there was
insufficient evidence to evaluate the activity
Chairman Mullen welcomed Councilwoman Alice MacLain to the
meeting
COMMISSIONER FRIEDMANN LEFT THE MEETING AT 7 15 P M
2 General Discussion Regarding Window Signs
The staff presented slides showing examples of paper window
signing which is displayed regularly in various businesses
throughout the City. For most businesses the sign content
is changed but the size and number of signs usually remains
the same
Chairman Mullen stated he was offended by the non-professional
unattractive window signing at the Radio Shack store at Lincoln
and Walker which contrasts with the attractive building and
center He stated he did not mind paper signing He asked
that staff informally communicate with Radio Shack and request
that they show more good taste
Planning Commission Minutes April 21, 1977
The Planning Director stated staff wished to illustrate with
the slides that paper signing at Radio Shack is not an isolated
incident and there is a prevalence of such signing throughout
the City Chairman Mullen stated he opposed a total prohibition
of window advertising
3. Determination as to whether a Conditional Use Permit
is required for the display, sales, service and repair
of Mopeds
The Planning Director transmitted a memorandum dated April 15
indicating staff has received several inquiries regarding
zoning regulations for the display, sales, service and repair
of mopeds. Staff requested a determination from the Commission
as to which zones these activities should be conducted in
and whether they should be subject to the granting of a condi-
tional use permit
Mr Bill Grimes, 3702 Holten Circle, Los Alamitos, stated he
plans to open a moped business at a location on Lincoln Avenue
which will be a nicely decorated first class operation. He
stated the outdoor displays will be in good taste and they
will have four or five bikes displayed He reported mopeds
are very quiet and require little maintenance. He stated the
business will be mainly a sales, and not maintenance, operation
Mr John Cipollone, 4164 Dogwood, Seal Beach, stated their
business location is next door to a machinery rental business
He stated it is hard to compare the noise level of mopeds with
anything else and mopeds are quieter than lawn mowers
Commissioner Van Allen stated the Commission denied previous
requests for outdoor display for the building adjacent to
Suburban Rentals but the proposed displays were for materials
which are usually found indoors like furniture He felt people
expect to find products like mopeds outdoors He noted there
is a moped store at Orange and Moody which is a Neighborhood
Commercial Zone.
Mr Cipollone stated they are buying the moped business at
Orange and mdody and then will be the sole distributor in
Cypress
Following discussion, it was moved by Chairman Mullen to
determine that the display sales, service and repair of
mopeds is a permitted use in the CH Zone and a permitted use
subject to the granting of a conditional use permit in all
other commercial zones. The motion died for lack of a second
It was moved by Commissioner Van Allen, seconded by Commis-
sioner Greenwood and unanimously carried to determine that
for purposes of the Zoning Ordinance, the display, sale,
service and repair of mopeds falls between uses #10 (bicycle
shops non -motorized) and #39 (motorcycle sales and services)
and shall be a permitted use subject to the granting of a
conditional use permit in the CS, CG 10,000 and CSI 10,000
Zones.
ORAL COMMUNICATIONS Chairman Mullen asked if anyone wished
to speak in regard to any matter which was not on the agenda
There was no one who wished to speak
RECESS• Chairman Mullen called a recess at 8 00 p m The
meeting was called back to order at 8.15 p m with Commis-
sioner Friedmann absent.
Planning Commission Minutes April 21, 1977
CONTINUATION OF PUBLIC HEARING RE CONDITIONAL USE PERMIT
NO. 77-2 - VINCE FINALDI Chairman Mullen announced that this
was the time and place for the continuation of the public hearing
to consider a request to establish, operate and maintain an
automotive body and repair center providing for the repair and
servicing of automobiles on a parcel of land located in the
5600 block of Lincoln Avenue He opened the hearing and asked
for the staff's report.
The Planning Director reported that the applicant requested
withdrawal of the C U P application
It was moved by Chairman Mullen and seconded by Commissioner
Partin to approve withdrawal of the application for Conditional
Use Permit #77-2 The motion unanimously carried by the fol-
lowing roll call vote
AYES 4 COMMISSIONERS Greenwood, Partin, Van Allen
& Mullen
NOES• 0 COMMISSIONERS• None
ABSENT 1 COMMISSIONERS. Friedmann
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 77-5 - DR ROBERT
B. NEVIN: Chairman Mullen announced that this was the time
and place for the public hearing to consider a request to
establish a 14 -unit condominium project together with inci-
dental off-street parking, landscaping and open areas on a
parcel of land located at 6101 Orange Avenue in the RM -20/A
Multiple Family Zone He opened the hearing and asked for
the staff's report
The Planning Director asked that Tentative Tract Map #9849
be considered in conjunction with the C U.P request
The Associate Planner summarized Staff Report #77-13 dated
April 14 describing the proposed development which will be
located on the north side of Orange Avenue, east of Valley
View Street Staff presented the plot plans and elevations
and stated they are identical to the plans approved in Novem-
ber, 1976 for the 14 -unit apartment project. The applicant
requested approval for the conversion from the City Council
on March 28, 1977 and the Council requested him to apply for
a new conditional use permit for the condominium project
The Planning Director reported staff received a telephone
call from the property owner adjacent to the west who expressed
no opposition to the proposal
Chairman Mullen asked if the applicant wished to speak.
Dr. Robert Nevin P 0 Box 5328 Fullerton stated it was
indicated from the beginning that the applicant may wish to
convert the apartments to a condominium project and the apart-
ments were designed according to condominium standards He
stated they are required to have carports but feel garages
are nicer The garages will have automatic door openers He
stated the driveways will separate the garages from the east
and west property lines and the plans were redesigned in response
to the request from the apartment manager to the east who was
concerned about noise problems
COMMISSIONER FRIEDMANN RETURNED TO THE MEETING AT 8.25 P M
Dr Nevin explained a change in the development plans which
was recommended by staff which would provide a 2 1/2 foot
spacing between a curb and the patio walls in order to protect
the walls from vehicular damage in the driveways He stated
Planning Commission Minutes April 21, 1977
2 1/2 feet would be gained by moving the block wall directly
to the property line (1/2 foot gained), reducing the driveway
from 25 to 24 feet (1 foot gained), and moving the units in
towards the center of the green area (1 foot gained) Dr
Nevin stated they agreed with all of staff's suggestions and
incorporated them in the redesigned plan
The Planning Director reported another change was to provide
ten, rather than nine, parking stalls along the east and west
property lines This will necessitate a two foot encroachment
into the front yard area.
Commissioner Van Allen inquired about the location of the
open parking spaces The Planning Director reported that on
the original plan trash receptacle areas were shown at the
northeast and northwest corners of the property Staff then
recommended individual trash pick-up for each unit and deter-
mined there was sufficient room along the north property line
for four parallel guest parking spaces between the two drive-
ways.
Dr Nevin reported that staff will recommend materials for the
wall along the north property line to screen the parked vehicles
and that the garage wall on the east and west lot lines will
serve as the common wall between adjacent properties and will
be split face block, which is an attractive block commonly
used on the front of buildings
Chairman Mullen stated he did not feel there was justification
to place the garages along the property lines based solely
on the request of the adjacent property owner He felt for
security reasons the garages should be attached to the units
Commissioner Greenwood agreed and preferred having the garages
attached to the units He was concerned about the small size
of the patios
Dr. Nevin felt there were advantages in having the garages
attached or detached and he felt it will be up to the buyer
to decide whether he prefers a detached garage. He reported
that providing attached garages would eliminate the patios
windows on a downstairs bedroom, and a sliding glass door
Chairman Mullen stated the garages would not have to be attached,
but the location could be reversed so that garages are at the
rear of the patios Dr Nevin stated he did not object to
reversing the garages. The Planning Director and Public Works
Director indicated they had no objections to reversing the
garages but the Public Works Director recommended that the
same driveway dimensions and the three foot spacing between
the curb and garage walls be maintained He asked if the
change is made that the applicant submit revised plans for
the benefit of the Building and Engineering Departments
Dr Nevin was concerned about continuing the matter any longer
and felt it may handicap his financing The Planning Director
stated ally change in the plot plan would require a .change in
the tentative tract map. He reported this matter is on the
City Council's agenda for April 25 and changes would mean a
continuance for two more weeks
Chairman Mullen asked if anyone wished to speak in favor of
C U.P. #77-5
Mr W E. Waterhouse, project designer, felt if the garages
are reversed and the applicant conforms with the requirement
for a 25 foot wide driveway and three foot buffer for the wall
this will reduce the central green area and reduction of the
central area may not meet City requirements for open space.
Planning Commission Minutes April 21, 1977
He reported there will be individual security lighting for
each garage which will be on a timer
Commissioner Greenwood objected to the garages being separated
by a public street from the units He felt it would be unsafe
for persons to go to the garages at night
Commissioner Partin pointed out that reversing the garages
would necessitate redesigning the entire plan and he felt
the applicant had proceeded too far along to require such
changes.
Chairman Mullen asked if anyone wished to speak in opposition
No one wished to speak in opposition
Commissioner Van Allen felt the garage location was not serious
enough to deny the project and he pointed out that the appli-
cant has complied with legal requirements and staff's recom-
mendations He stated the applicant pointed out advantages
with attached and detached garages and is entitled to make
his own decision regarding their location Commissioners
Friedmann and Partin stated they would like to consider the
plan as submitted and Commissioner Friedmann stated the design
of the project should be up to the developer
The Commission discussed the possibility of providing a trash
receptacle area for common trash at the north end of the west
row of garages The Planning Director stated this would
require a five foot encroachment into the front landscaped
area. Chairman Mullen suggested that additional parking be
provided in this area rather than the trash receptacle
Commissioners Friedmann and Van Allen opposed further encroach-
ment into the front yard. Commissioners Mullen and Greenwood
were in favor of more parking The staff reported that
providing the additional parking space at the end of the row
of garages would result in eight foot wide stalls, which they
felt was insufficient maneuvering space for a vehicle
Chairman Mullen, hearing no objections added Condition #37
requiring the posting of a bond to guarantee the maintenance
of the landscaping The Commission reviewed several of the
conditions and noted changes as a result of the redesigned
plan
It was moved by Chairman Mullen and seconded by Commissioner
Van Allen to approve Conditional Use Permit #77-5 and Tentative
Tract Map #9849 subject to the following conditions and the
findings contained in Section 17 2-7 of the Zoning Ordinance
1. The plot plan shall be revised to show existing
landmark trees in their proper location. It is
probable that only one existing tree will interfere
with the proposed development.
2 All existing trees on the subject site or within
public right-of-way shall be retained wherever possible
and incorporated into the landscaping program No
existing tree shall be removed without prior approval
from the Planning Director
3 Development of this project shall be in substantial
compliance with the plot plans and elevations submitted
with this request and as reviewed and approved by the
Planning Commission
4 Plans of the proposed landscaping and irrigation system
shall be submitted for review and approval by the
Planning Commission All required landscaping and irri-
gation systems shall be installed prior to the issuance
of a Certificate of Occupancy by the City
6
Planning Commission Minutes April 21 1977
5 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 of nitrogen, phosphorus potassium pH
salinity, sodium status and boron saturation 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
6 Orange Avenue shall be dedicated and fully improved
with a meandering sidewalk, driveway, etc., in accor-
dance with the Master Plan of Streets and Highways and
the Public Works Department An additional four -foot
(4') easement for walkway and parkway purposes shall be
dedicated on Orange Avenue.
7 Street trees (15 gallon) 20 feet on center shall be
installed along streets in conformance with 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, to wit
Washingtonia robusta trees planted alternately with
Evergreen Pear trees.
8 A grading plan shall be prepared and submitted for
review and approval by the Public Works Department
Drainage shall be solved to the satisfaction of the
City Engineer
9 The minimum flowline grade in streets and drives
shall be 0 20%.
10 Drainage fees shall be paid in accordance with the
Master Plan of Drainage
11. The street in front of this development shall be
resurfaced with one inch (1") minimum thickness
asphalt concrete from curb to curb if it is necessary
to open cut the street in more than one place Any
open cut shall be backfilled per City of Cypress
Standard No 110
12 All existing public improvements at the development
site which are damaged, cracked, or otherwise below
standard shall be removed and replaced to the satis-
faction of the City Engineer.
13 Adequate "No Parking - Fire Lane" signs shall be
installed along the alleyways per California Vehicle
Code No 22658 to the satisfaction of the City Engineer
Building Superintendent and County Fire Marshal
14 Alleyways shall be twenty-four feet (24') minimum
clear paved width between buildings, up to a height
of fourteen feet (14') above street grade
15 All garages shall be increased in width to nineteen
feet (19') and constructed up to the property line.
Garage walls which are adjacent to the property line
shall be constructed of masonry block per City of
Cypress standards
7
Planning Commission Minutes April 21, 1977
16 A continuous curb, six inches (6') in height, shall
be installed along the east side of the westerly alley
and along the west side of the easterly alley, to
protect dwelling units from vehicular traffic Wheel-
chair ramps shall be provided in the curb adjacent
to all entrance walkways Patio slabs and walls shall
be installed a minimum distance of three feet (3')
from the continuous curb to avoid damage from vehicles
17. A six inch (6") wide concrete header per City standards
shall be installed along the north property line, adja-
cent to and flush with the alley pavement The developer
shall perform pavement patching operations in the alley,
within ten feet (10') of his north property line as
required by the City Engineer
18 Driveways shall be constructed with a ten -foot (10')
radius flare -out where they join with the alley to
the north.
19 The northerly ten feet (10') of this development,
between the proposed driveways, shall be paved to
provide for additional parallel parking stalls for
guests A continuous curb, six inches (6") in height,
shall be installed adjacent to the buildings in this
area for protection of the wall Curb face shall be
installed a minimum of two feet (2') from the base
of the wall
20 Four parking stalls along the northerly lot line shall be
designated guest parking stalls and shall be left un-
covered and free of any obstruction along the northern
side of the stalls
21. Street lights shall be installed per City standards
22 Advance street light energy charges shall be paid
23. A Master Plan of Sewers shall be submitted for approval
by the City Engineer, with plan check and inspection
by the City's Engineering Division, subject to plan
checking and inspection fees
24 The sanitary sewer connection fee in the amount of
$250 00 per unit shall be paid by the developer and
forwarded by the City of Cypress to the appropriate
agency
25 All utilities shall be installed underground
26 Recreation and parks fees shall be paid in accordance
with the City of Cypress Subdivision Ordinance
27 Plan checking and inspection fees shall be paid in
accordance with City of Cypress Resolution #1713
28 All building construction shall conform to the require-
ments of Fire Zone 2.
29 All requirements of the County Fire Marshal shall bye
satisfied
30. The development shall be limited to one (1) driveway
access onto Orange Avenue The- drive approach shall
be twenty-eight feet (28') in width and shall be in-
stalled per City of Cypress Standard No 207
31 A retaining wall shall be constructed at the property
line where the grade difference is more than twelve
inches (12") .
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Planning Commission Minutes April 21 1977
32 Fence materials used at the southerly terminus of the
westerly driveway shall be subject to City staff approval
33 Individual refuse collection shall be arranged and
maintained for each individual condominium unit.
34. The developer shall provide mailbox facilities for all
dwelling units to the satisfaction of the Public Works
Director, Planning Director, and Postmaster
35. A copy of the conditions, covenants, and restrictions
(CC&R's) covering the development shall be submitted
to the City staff and City Attorney for their review
recommendations, and approval to assure the continuance,
maintenance applicability and enforceability of the
CC&R's so that the development will not become a lia-
bility to the City at a later date
36 Developer shall conform to all applicable provisions
of the City Code
37 A bond shall be posted by the applicant to guarantee
maintenance of the irrigation system so that it operates
in a manner for which it was designed to guarantee maint
enance of the plant materials in a healthy growing
condition free of weeds and litter for a period of not
less than twelve months to the specifications of the City
staff
Conditions attached to the Tentative Tract Map were as follows•
1. All conditions of approval of Conditional Use Permit
No. 77-5 shall be a part of the approval of Tentative
Tract Map No 9849
2. All requirements of the State Subdivision Map Act and
the City's Subdivision Ordinance shall be satisfied
3 The tract map shall be dimensioned to show a twenty
foot (20') setback from the Orange Avenue right-of-way
line to building lot lines and a ten foot (10')
setback from the alley right-of-way line.
4. Each garage unit shall be assigned an individual
parcel number
5 Final subdivision map filing fees shall be paid in
accordance with City of Cypress Resolution #1713
The motion carried by the following roll call vote
AYES.
NOES•
ABSENT
4 COMMISSIONERS. Friedmann, Partin, Van Allen
& Mullen
1 COMMISSIONERS Greenwood
0 COMMISSIONERS None
Commissioner Greenwood stated he objected to the small size
of the patios and units and high density of the project. He
felt the applicant should provide more• amenities for the tenants
He felt it would be unsafe to cross a public street to get to
the garage and objected to setting this precedent He felt
definite guidelines for condominium development must be
established
Chairman Mullen closed the public hearing
Planning Commission Minutes April 21 1977
RECESS• Chairman Mullen called a recess at 10.00 p.m. The
meeting was called back to order at 10.15 p m with all Com-
missioners present
Mr Hilliard Warren, 5275 Vista Real, Cypress, representing
the Chamber of Commerce thanked Commissioner Greenwood for
his years of service to the City and offered their best wishes
for the future
PUBLIC HEARING RE. AMENDMENT TO THE ZONING ORDINANCE NO 77-1
Chairman Mullen announced that this was the time and place for
the public hearing to consider a proposed amendment to the
Zoning Ordinance of the City of Cypress for possible amendments
to the conditional uses and standards of development for condo-
miniums and conversions of existing structures into condominiums
in the RM -20/A Residential Multiple Family Zone. He opened
the hearing and asked for the staff's report
The Planning Director stated staff transmitted to the Commission
a proposed ordinance for the establishment of condominiums
and conversions of apartment to condominium projects which was
prepared in response to direction from the City Council because
of recent requests for apartment to condominium conversions
He stated the appendices contain supplemental information
concerning questions previously asked by the Planning Commission
The ordinance was reviewed and has been approved as to form by
the City Attorney's office He reported the ordinance sets
definite standards for condominiums and contains one new require-
ment - Section 3 9 2B which establishes a minimum open space
and recreation area of 400 square feet per unit He stated
the ordinance outlines the application procedures and require-
ments for conversions Staff felt the ordinance will not be
an open door for apartment to condominium conversions since
there will be apartment projects which cannot comply with the
ordinance's conditions and requirements
Commissioner Van Allen asked if the definitions of condominium
project and condominium conversion were reversed The attorney
stated that condominium project was intended to be a general
term of what is applied for while condominium conversion refers
to the process of converting a previously existing structure.
The Planning Director recommended that the definition of
condominium conversion be changed to read "shall mean the
development of land and existing structures" rather than
"attached" structures He also recommended that the term
condominium project be deleted and the words condominium project
be changed to read condominium throughout the ordinance He
stated the ordinance will be retyped with the Commission's
changes for review again by the Commission
COMMISSIONER GREENWOOD LEFT THE MEETING AT 10 30 P M
Chairman Mullen asked if there was a requirement for garages
to be attached to the unit The Planning Director stated this
was not a requirement in the ordinance as it would reduce the
Commission's flexibility in considering applications This
requirement could be imposed under Section C condition #8
of the ordinance. He stated a condition could be added for
new condominiums that the garage shall be an integral part or
attached to the unit. The Public Works Director recommended
that the condition state that the garage be required to be
built on the same lot or as an integral part of the unit
The Planning Director agreed with this condition for new
developments and stated Condition #8 can cover exceptions
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Planning Commission Minutes April 21, 1977
Commissioners Friedmann and Van Allen felt the condition should
apply to new condominiums and condominium conversions Com-
missioner Partin opposed applying the condition to conversions
and felt the condition will invite debate from applicants
The Planning Director stated he will write the condition into
the ordinance and it can be changed when reviewed by the Com-
mission.
The Deputy City Attorney recommended that "Special Conditions"
be retitled 'development standards" or "guidelines" and divided
into absolute standards and those requirements which are
guidelines and are permissive rather than mandatory She
indicated that staff's requirement that utilities be separately
metered and the Commission's feeling that they may allow
deviations from the garage standard could appear arbitrary
to a developer
The Planning Director recommended that C - Special Conditions
be changed to Standards of Development and identify special
conditions which are mandatory - #1, 2, 3, 4 $ 7, and that
section D be added containing conditions #5, 6 and 8 where
a developer could apply for some flexibility The Commission
agreed with these changes The Planning Director stated
he would incorporate the recommended changes into another
draft for the Commission's review
It was moved by Chairman Mullen and seconded by Commissioner
Friedmann to continue the public hearing regarding Amendment
to the Zoning Ordinance #77-1 to the May 5 meeting with the
understanding that staff will redraft the proposed condominium
ordinance for the Commission's further consideration.
Chairman Mullen asked if anyone wished to speak in support or
in opposition to Zoning Ordinance Amendment #77-1. There was
no one speaking in support or opposition
The motion unanimously carried by the following roll call vote.
AYES• 4 COMMISSIONERS Friedmann, Partin, Van Allen
& Mullen
NOES. 0 COMMISSIONERS• None
ABSENT. 1 COMMISSIONERS• Greenwood
ADMINISTRATIVE MATTERS (Continued)
4 Referral from the City Council of Proposed Change to
the Planning Commission's Action Relative to Zone Change
No 77-2 - Lincoln Avenue (Overlay Zone)
The Planning Director transmitted a memorandum to the Commis-
sion dated April 15 indicating the City Council on April 11
considered Zone Change #77-2 which proposes the establishment
of a combining zone for certain parcels on Lincoln Avenue, and
certain amendments to the Zoning Ordinance which would estab-
lish the purposes, performance and developments standards for
uses in the combining zone. He reported the Council approved
the Planning Commission's recommendations with one exception
The Council eliminated the proposed amendment to Section 12 6 3B
which, as approved by the Commission, states "the frontage
of any parcel proposed for development for a depth of 200
feet as measured from the front lot line shall be retained
for development with primarily commercial uses" He stated
it was the Council's feeling that the 200 foot minimum require-
ment might prevent developers from developing more of the lot
with commercial use and that the 200 foot restriction might
inhibit development of various combined parcels from estab-
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Planning Commission Minutes April 21, 1977
lashing reasonable "windows" or access points to Lincoln
Avenue frontage The Council referred this matter back to
the Commission for their comments
Chairman Mullen suggested that a requirement could be added
to the ordinance that if residential development is proposed
extending to the Lincoln frontage, that a trade-off be made
and an equal acreage be devoted to commercial use elsewhere
on the property
Commissioner Friedmann stated she opposed elimination of the
requirement and felt it should be in writing so that developers
are forewarned that the City is interested in commercial devel-
opment and the City is not inundated with other types of projects
Commissioner Van Allen suggested that changing the wording
but keeping the original intent might clarify the matter He
expressed concern that elimination of the requirement would
be an open invitation to residential development which could
occur on an entire parcel iri the Overlay Zone
Commissioner Friedmann felt a definite standard stipulating
200 or 300 feet of commercial use on the frontage should be
established or developers will assume that "any urban use"
means residential use
Mr Scott Adler 9760 Graham Street, Cypress, stated a proposed
development is first reviewed by the Planning Director and
if he makes it known to the developer that the City will be
firm in wanting the frontage of deep lots developed with com-
mercial use then a policy will be set that this is the only
thing the City will allow and it does not have to be written
in the ordinance
Chairman Mullen felt that the elimination of the requirement
was destroying the three or four years of work of trying to
find a way to develop Lincoln Avenue commercially
Commissioner Van Allen felt one of the reasons for a General
Plan and ordinances is to establish common understandings so
that a developer can read that information and know what to
expect from the City He stated if the City enforces the
200 foot requirement then it should be spelled out in the
ordinance He stated a developer should not read the ordinance
and then be advised of other requirements at a later date and
a developer should be able to read the ordinance without going
to staff for an interpretation
Commissioner Friedmann agreed that if the City's purpose is
to develop commercial uses then it should be made clear and
it should be in writing A developer could then be informed
by the staff that the 200 foot minimum requirement does not
prevent the entire property from being developed commercially
Mr Scott Adler, 9760 Graham Street felt that regardless
of what the ordinance states a developer will first come to
the Planner Director who can advise him as to the type of
development in which the City is interested He felt the
rear of deep lot parcels should not be restricted to resi-
dential uses and he felt development could include an indus-
trial park
Chairman Mullen noted that an unwritten policy is subject
to different interpretations when members of the staff, Planning
Commission and City Council change He stated there have been
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Planning Commission Minutes April 21 1977
staff members in the past who have been direct proponents of
developers' projects and he felt Cypress residents require
protection from political and money power plays
Commissioner Partin was opposed to residential development
on the street frontage and felt the ordinance should address
residential development and require that it be accompanied
with significant commercial use on the frontage and be devel-
oped simultaneously The Planning Director stated that sig-
nificant can be defined as meaning at least the front 200 feet
Commissioner Van Allen stated he did not like this manner of
allowing residential use along the street and that if the City
wants to open the deep lots to entire residential development
then it should be so stated however, he stated he is not
proposing that the City do this Commissioners Friedmann and
Mullen agreed with him and Chairman Mullen stated if this is
the Council's intention then he does not support it
The Planning Director stated he will prepare the necessary
wording for the ordinance to reflect the Commission's views
It was moved by Chairman Mullen seconded by Commissioner
Friedmann and unanimously carried to continue this item to
the May 5 meeting
5 Discussion of Proposed Moody Creek Channel Improvement
The Public Works Director transmitted a report dated April 14
describing the proposed improvements of the Moody Creek Channel
from Coyote Creek to La Palma Avenue by the Orange County Flood
Control District The Environmental Management Agency Develop-
ment Division has requested a resolution from the Planning
Commission stating that the project is in conformance with the
City's General Plan Staff requested that the Commission deter-
mine whether the project conforms with the General Plan
It was moved by Chairman Mullen, seconded by Commissioner
Friedmann and unanimously carried to adopt a Resolution finding
that the improvement of the Moody Creek Channel is in con-
formance with the Cypress General Plan
6 Consideration of Modification to Approved Signing for
the Plankhouse Restaurant, Ball Road and Valley View
Street
The Planning Director reported that the Planning Commission
in the past approved two freestanding monument -type signs and
one sign attached to the building for the Plankhouse Restaurant
at 10011 Valley View Street Only one freestanding sign, 30
square feet in area, was constructed on Valley View and a
16 square foot sign was attached to the Valley View side of
the building The Plankhouse proposes not to construct the
second monument sign on Ball Road but proposes a sign to be
attached to the west side of the building which would be identi
cal to that on the east side
It was moved by Chairman Mullen, seconded by Commissioner
Partin and unanimously carried to approve the modification to
the signing program for the Plankhouse Restaurant by allowing
a sign to be attached to the west side of the building as proposed
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Planning Commission Minutes April 21, 1977
7 Consideration of Parkway Trees in College Park Tract
Commissioner Partin reported that he was contacted by several
residents in the College Park tract who were disturbed over the
stunted growth of approximately 30 parkway trees The trees
appear to be the type which cannot survive in this soil and
are over four years old He asked if the City could help in
replacing the trees
The staff indicated they have received similar requests and
the homeowners have been required to replace the trees at
their own expense They suggested that the homeowners present a
petition requesting replacement of the trees with the under-
standing that it will be at their own expense
MINUTES•
It was moved by Chairman Mullen, seconded by Commissioner
Partin and carried, with Commissioner Van Allen abstaining,
to approve the minutes of April 7
ADJOURNMENT•
Chairman Mullen adjourned the meeting at 12.00 a m to Thursday,
April 28, 1977 at 7.30 p m
CHAIRMAN OF THE PLANNING COMMISSION
ATTEST
SECRETARY OF THE PLANNING
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ISSION