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Minutes 1977-05-05MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD May 5, 1977 The regular meeting of the Cypress Planning Commission was called to order at 6 35 p m on Thursday, May 5, 1977 in the Cypress City Council Chambers 5275 Orange Avenue Cypress California Chairman Gerald Mullen presiding PRESENT: ABSENT Commissioners Adler, Friedmann, Partin, Van Allen and Mullen None Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, Don Lamm, Assistant Planner, and Elizabeth Strauss Deputy City Attorney PLEDGE OF ALLEGIANCE Commissioner Adler led the pledge to the flag ADMINISTRATIVE MATTERS 1 Planning Commission Reorganization Chairman Mullen resigned as Chairman and thanked the Commis- sioners for giving him the opportunity to serve as Chairman. He stated he did not wish to be reelected Commissioner Van Allen resigned as Vice Chairman The Planning Director announced that nominations were open for Chairman Commissioner Mullen nominated Commissioner Van Allen as Chairman There were no further nominations and the Planning Director announced that nominations were closed It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to elect Commissioner Van Allen as Chairman Chairman Van Allen asked for nominations for Vice Chairman Commissioner Mullen nominated Commissioner Partin as Vice Chairman There were no further nominations and Chairman Van Allen announced that nominations were closed It was moved by Commissioner Mullen seconded by Commissioner Friedmann and unanimously carried to elect Commissioner Partin as Vice Chairman Chairman Van Allen thanked Commissioner Mullen for his year of service as Chairman and his service to the citizens of Cypress The Planning Director requested that Item #2 under Administrative Matters, Tentative Tract Map #9837, MEB Investments, and the public hearing regarding Conditional Use Permit #77-6 MEB Investments, be continued to the next meeting He reported the applicant met with staff and was requested to submit revised plans Commissioner Mullen moved to continue consideration of Tentative Tract Map #9837 and the public hearing regarding C U P #77-6 to May 19 1 1 Planning Commission Minutes May 5, 1977 The Planning Director suggested that the hearing be continued after it is opened at 7 30 p m An amended motion was moved by Commissioner Mullen seconded by Commissioner Partin and unanimously carried to continue Tentative Tract Map #9837 to the May 19 meeting 2 Design Review - Building "B" Orange/Valley View Commercial Project. The Planning Director presented and reviewed the plot plan and elevations for the commercial building "B" which were required to be submitted for Planning Commission review and approval as a condition of the conditional use permit He stated Building "B" will contain 4200 square feet and be compatible in design and materials with the main Building "A" There will be exten- sive use of cedar siding, glass, and a cedar shake roof Parking for Building B meets zoning requirements He stated the appli cant will take out building permits for "B" concurrently with Building "A" The Planning Director reported that before final permits are issued, staff will determine with the applicant whether the use of Building "B" will require additional trash areas and staff's intent would be to require the trash area to be increased in size if necessary The Commission discussed the trash area and possibility of increasing its size Mr Ed Moore representing the applicant and builder agreed to double the trash area size He reported they have a letter of intent from two restaurants to locate in Building "B" The Planning Director stated that usually trash bins are six feet by eight feet and the ones proposed are ten feet by twenty feet to accommodate double trash bins It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve design review for Building "B" subject to the condition that the trash area design be subject to review and approval by the Planning Commission 3 Consideration of a report from the Public Works Department regarding bus benches. The Public Works Director presented a report dated April 28 describing a bus shelter program whereby, under an agreement with the Orange County Transit District and U S Department of Transportation bus shelters are proposed at eight locations Cost for the purchase of the shelters will be reimbursed by OCTD and costs for installation and maintenance will be borne by the City Staff transmitted with the report manufacturers' brochures of bus shelters and presented slides showing various types of shelters in other cities Staff recommended a shelter design which offers protection against the elements, is attractive and requires low maintenance The eight locations were chosen based on passenger usage and because of the fact that there are no other places nearby for a person to wait for a bus The Public Works Director stated this is a pilot program and if any of the locations are found to be unsatisfactory the shelters can be relocated elsewhere 2 Planning Commission Minutes May 5, 1977 Chairman Van Allen announced that it was time to conduct the public hearings He opened the following hearings and continued them until after this item PUBLIC HEARING RE. AMENDMENT TO THE ZONING ORDINANCE NO 77-1 - CONDOMINIUM CONVERSIONS PUBLIC HEARING RE CONDITIONAL USE PERMIT NO 77-6 - MEB INVESTMENTS The Public Works Director reported the City is not obligated to participate in the program and the shelters can be returned to OCTD which retains ownership of the shelters He stated staff did not estimate annual maintenance costs for the shelters but felt maintenance could be provided with existing City per- sonnel The staff suggested that maintenance costs and desir- ability of the shelters be reviewed after they are in use for awhile The Commission held discussion regarding the bus shelter program and shelter design requirements The staff reported on the agreement approved by the City Council with the Bench -Ad Company under which bus benches, some with advertising and some without, will be provided at various locations They reported this matter went directly to the City Council because of time constraints but that they would make a presentation to the Commission on the types of benches, advertising restrictions, and locations It was moved by Commissioner Mullen seconded by Commissioner Friedmann and unanimously carried to accept staff's recommendation of the bus shelter design by the Cadillac Plastics Industries with the specifications that the shelters be anodized bronze aluminum, that the panels be clear, and that the roof be of solid material and a light reflecting color and to approve the following locations for bus shelters 1 Valley View Street, east side, north of Lakeshore Drive 2 Katella Avenue south side west of Valley View Street 3 Valley View Street, west side, at bus stop fronting Cypress High School (north of Fred Drive) 4 Valley View Street east side, north of Orangewood Avenue 5 Valley View Street east side north of Katella Avenue 6 Valley View Street west side south of Katella Avenue 7 Katella Avenue, north side, west of Valley View Street 8 Valley View Street, west side, south of Lakeshore Drive Chairman Van Allen asked that staff transmit his concerns when this matter is presented to the Council that although he feels this is worthwhile as a pilot program, he has reservations because of the lack of information regarding possible vandalism and an estimate of maintenance costs Chairman Van Allen stated the remaining items under Administra- tive Matters will be continued until after the public hearings ORAL COMMUNICATIONS Chairman Van Allen asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO 77-1 - CONDOMINIUM CONVERSIONS Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a proposed amendment to the Zoning Ordinance of the City of Cypress for possible amendments to the condi- tional uses and standards of development for condominiums and conversions of existing structures into condominiums in the RM -20/A Residential Multiple Family Zone He reopened the hearing and asked for the staff report Planning Commission Minutes May 5, 1977 The Planning Director transmitted a revised ordinance for the establishment of condominiums and condominium conversions incor- porating the amendments suggested by the Planning Commission at the April 21 meeting He stated the term "condominium project" has been eliminated The major change is under Section C which outlines five standards of development which would apply to all types of condominiums, whether new construction or conversions, and the addition of Section D listing three special conditions which may provide some flexibility for condominium development relating to requirement for submittal of CC$R's, requirements for off-street parking, and a statement that the City may vary from any or all of these conditions or further conditions to insure the compatibility of the use RECESS. Chairman Van Allen called a recess at 7 55 p m The meeting was called back to order at 8.05 p m with all Commis- sioners present Chairman Van Allen acknowledged that Mayor Hudson was in the audience The Commission discussed the proposed draft and directed questions to staff Commissioner Friedmann inquired about guest parking requirements. The Planning Director stated the ordinance proposes one guest parking space for every two units Commissioner Friedmann asked if support for the ordinance was support for conversions and she expressed concern that the Commission has not discussed the desirability of conversions as a separate issue The Planning Director stated the ordinance would allow for con- versions if the ordinance requirements are met He stated the ordinance serves a purpose of establishing standards for all condominiums, not just conversions, clearly defining condominiums and establishing stricter standards for condominiums than apart ments which are lumped together under the current ordinance and providing a mechanism to handle conversions Commissioner Adler suggested having separate ordinances for condominiums and condominium conversions since he felt the guide- lines would be different for both The Planning Director felt two ordinances were unnecessary since the proposed ordinance applies to both and if there are special conditions for conver- sions these are specified He asked if it was the Commission's intent to retain condition #3 which states the City may vary from any or all conditions He stated this option is provided with the variance procedure and may be an open invitation for developers to request variances He suggested a change in the wording to read• the City may impose further conditions to insure the compatibility of the use Chairman Van Allen asked if anyone wished to speak in support Mr. James Duncan 9787 Rome Street Cypress inquired about the applicability of the ordinance to County islands which may be annexed to the City He asked if apartments or condominiums built under the County ordinance will comply with the City's proposed ordinance. Chairman Van Allen stated the City cannot impose its requirements on the County but if an area is annexed and a developer wishes to convert apartments he would have to comply with the City's ordinance He stated the requirements cannot be imposed on existing condominiums which are annexed to the City Mr Duncan suggested that the City forward a copy of the ordinance to the County Building Department and request that they build according to the City of Cypress code in the event islands are annexed to the City Planning Commission Minutes May 5 1977 The Planning Director stated the County notifies the City of proposed developments within its sphere of influence and the City staff has consistently requested that the County apply City standards but so far the City has been unsuccessful Chairman Van Allen suggested that if the Council approves the ordinance they transmit it to the County Planning Commission and Board of Supervisors and request their cooperation for develop- ments in the County islands Mr Robert Peters, architect, 130 Centennial Way, Tustin, reported his client purchased the Cypress Townhouses project at the northwest corner of Holder and Ball and would like to convert the project to condominiums because the physical layout lends itself to a condominium development He described the design of the project and stated the 75 units all have three bedrooms and about 1200 square feet It is a family project and the owner wishes to provide a new market for medium priced homes of about $50,000 for which they felt there was a need in the county He stated they discussed this proposal with the staff. Chairman Van Allen asked if anyone wished to speak in opposition No one wished to speak in opposition It was moved by Commissioner Mullen and seconded by Commissioner Partin to recommend to the City Council adoption of the proposed ordinance as recommended by staff with the change to Section D 3 to read. "The City may impose further conditions to ensure the compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare The motion carried by the following roll call vote AYES 4 COMMISSIONERS Adler, Partin, Mullen $ Van Allen NOES. 1 COMMISSIONERS: Friedmann ABSENT- 0 COMMISSIONERS None Commissioner Friedmann stated she did not oppose the ordinance or condominium development but that she is basically opposed to conversions which is why she voted no Commissioner Mullen stated he had no previous knowledge before tonight that the project referred to by Mr Peters was being considered for conversion The Planning Director stated the staff received no application, but only discussed this matter with the property owner Chairman Van Allen closed the public hearing PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 77-6 - MEB INVESTMENTS• Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to construct a 9 unit condominium project on a parcel of land located to the rear of Lincoln Plaza Shopping Center He opened the hearing and asked for staff's report The Planning Director requested a continuance of the hearing to May 19 since changes were required and have been made to the development plan It was moved by Commissioner Friedmann, seconded by Commissioner Mullen and unanimously carried to continue the public hearing regarding Conditional Use Permit #77-6 to the May 19 meeting Chairman Van Allen welcomed Mr Adler to the Commission He requested that the new Commissioners be provided with various materials including a copy of the Brown Act, State Planning Act, and Rutan and Tucker report regarding Commissioners' attendance at City Council meetings Planning Commission Minutes May 5 1977 ADMINISTRATIVE MATTERS• (Continued) 4 Consideration of Bike Trails (Continued) The Planning Director reported this matter was continued from the February 3 meeting when staff presented a report indicating that the City Council recommended an accumulation of SB 821 funds for possible allocation for the Coyote Creek Bike Trail project proposed by the Los Angeles County Road Department The City Council requested the Planning and Recreation and Park Commissions to review and evaluate the City's Master Plan of Trails and estab- lish priorities that should be followed for the disposition of State funds which may be available for implementation of the Master Plan of Trails The Planning Director described the proposed Coyote Creek Bike Trail which is to be a multi-purpose 14 foot wide trail extending from the San Gabriel River Channel north past the Santa Ana Freeway with undercrossings at major street intersections The City of Cypress' participation would be to provide crossings at Lincoln Avenue and the Southern Pacific Railroad in northwest Cypress at a cost of about $46,000 He transmitted a copy of the Master Plan of Trails and described bike facilities which have been constructed or are authorized for construction He reported the Recreation and Park Commission reviewed the matter and by a split vote determined to support the Coyote Creek Trail The opposition expressed a desire to complete the trails system within the City before starting on multi-purpose trails which will be the most expensive element of the entire system They felt there would be higher usage if the system is continued throughout the City first The Planning Director reported that Cypress is the only city out of eight which has offered to pay its share of the cost The other cities have supported the trail in principle but have not expressed a willingness to commit funds Total cost of the project is over $900,000 He stated the changes of the trail being developed are good but not within a two year period He reported the staff has not estimated the cost of completion of the trail network within the City and costs for various types of trails vary He reported the estimated cost for an eight foot wide off-street paved trail is $15,000 per mile striping along a street is $300 per mile, estimated cost for the Carbon Creek Channel trail including landscaping but excluding undercrossings was $45 000 per mile, and cost of a 10 or 15 foot easement along the railroad right-of-way was $30,000 per mile The figures are two years old and include a 10% inflation factor. He stated staff's suggestion was not to allocate funds for trails in the undeveloped south part of the City since the City can require provision of right-of-way for bike trails by developers of the undeveloped property Commissioner Partin supported a bike trail along the north side of Cerritos Avenue where he felt the sidewalk should be utilized He stated he supported spending money in the City to provide more bike paths He felt the Coyote Creek Trail was a dead issue because of the lack of enthusiasm from other cities and that the Carbon Creek Trail should be low priority because of the high cost for undercrossings and because it would parallel other major bike paths He noted that Cypress is not receiving cooperation from. Buena Park to connect trails and he felt there were few horses remaining to use any multi-purpose trails Commissioner Mullen felt a major goal of the trail system should be provision of a safe route to the beach and that Cypress should take the lead in supporting the Coyote Creek Trail He felt a current priority should be to link the north and south parts of the City He felt that until a comprehensive program linking trails with other communities in Los Angeles and Orange Counties is developed it would be a mistake to spend funds on legs of trails that go nowhere He supported Commissioner Partin's Planning Commission Minutes May 5 1977 suggestion that the sidewalk on the north side of Cerritos Avenue be incorporated into the trail system to link Valley View with the Ball Road trails Commissioner Friedmann felt leadership in supporting the Coyote Creek Trail would be futile at this time She stated her attitude regarding bike trails is she considers them as safety factors for children rather than as a recreational activity She preferred striping the streets which are designated for trails but uncom- pleted and she felt a trail on Cerritos as suggested was appro- priate since it is heavily traveled Commissioner Adler stated this is the first time he has consid- ered the matter and that he would like time to digest it. Chairman Van Allen stated he was more concerned about the safety of traveling through the City than with providing a complete, long range beach route and though he felt it was a. good ultimate goal he questioned how many Cypress residents would actually use it He felt multi-purpose trails must wait because of their expense and that instead of recommending proceeding on the Coyote Creek Trail it would be better to set new priorities in view of available funding to complete the bike trail system He suggested using the funds to complete off road portions of existing trails like the Crescent -Moody link rather than to complete disjointed sections which dead-end The Public Works Director suggested that the City should endorse the Coyote Creek Trail in principle so that when Los Angeles County requests federal or state funding they can express the agreement of cities along the route The Planning Director suggested continuing this matter so that staff can prepare a cost estimate to complete the loop system of Valley View, Cerritos, Bloomfield and Ball with connectors on Denni, Moody and Walker Chairman Van Allen suggested supporting the Coyote Creek Trail in principle but not supporting funding at this time and to request from staff recommendations on priorities for the present trail projects along with possible funding sources Commissioner Mullen moved to recommend to the City Council that the City support the Coyote Creek Bike Trail in principle and to request staff to investigate the feasibility and prepare rough cost estimates to complete a trail linking Valley View, Cerritos Bloomfield and Ball with connecting streets of Denni, Moody and Walker Chairman Van Allen asked that he split the motion It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to recommend to the City Council that the City support in principle the Coyote Creek Bike Trail It was moved by Commissioner Mullen and seconded by Commis- sioner Friedmann to request staff to investigate the feasibility and prepare rough cost estimates for the bike trail loop along Valley View, Cerritos, Bloomfield and Ball with connector streets of Denni Moody and Walker, and for completion of a trail around the Marquez Dairy property The Planning Director stated staff can break down the costs for the different segments Planning Commission Minutes May 5 1977 There was further discussion in which the Commission indicated they would like cost estimates on completing the entire trail system in the City, on an incremental basis The Planning Director pointed out that several of the trails involve other jurisdictions and complications since some of the adjacent cities have shown little cooperation in the past He stated staff could make recommendations as to the type of system on the designated streets along with the cost estimates The Commission requested that along with the cost estimates staff outline the involvement with other cities, complications regarding their cooperation and particular problems relating to the trails A substitute motion was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to request a feasibility study by staff with rough cost estimates on completing the trail system in the City and consideration given to juris- dictional or technical problems RECESS. Chairman Van Allen called a recess at 10.27 p m The meeting was called back to order at 10:40 p m with all Commis- sioners present 5. Referral from the City Council of proposed change to the Planning Commission's action relative to Zone Change #77-2 - Lincoln Avenue (Continued) The Planning Director transmitted a report dated May 2 which suggested the following wording for inclusion in the ordinance establishing the overlay zone for Lincoln Avenue, pursuant to Planning Commission comments and recommendations at the April 21 meeting "If any residential uses are proposed in conjunction with the development of any deep lot which is located in the LC Zone the frontage of said parcel shall be retained for development with commercial uses for a minimum depth of 200 feet as measured from the front lot line " He stated if other than residential development is being proposed then there is no restriction that the front 200 feet must be developed for commercial use The proposed language will show the objective of the zone is to maximize commercial development and will inhibit residential development on an entire parcel which was a main concern expressed by the Planning Commission. Commissioner Mullen inquired about a provision that the commer- cial development must be developed simultaneously or prior to the residential development The Planning Director stated this can be spelled out in the ordinance or it could be a condition of a conditional use permit Commissioner Mullen stated he would like to leave this open since a developer might propose an unviable commercial use just to get the residential approved Commissioner Friedmann suggested that "shall be retained" be changed to "shall be developed" to give more emphasis Commissioner Adler suggested that instead of the 200 foot requirement for commercial a certain percentage requirement for commercial could be used He felt a strict 200 foot requirement may prohibit developments by dictating design to a developer and not giving him allowance to develop the way he wishes and his development plan may not lend itself to such a requirement He stated since the City is trying to attract development along Lincoln it should allow some design latitude to developers in order to achieve commercial development Planning Commission Minutes May 5 1977 The Planning Director indicated he did not consider a ratio because with the different lot configurations and depths it would be difficult to determine an appropriate percentage Mr Ken Hulse, 5158 Cumberland Drive, Cypress stated he felt the City Council recommended elimination of the 200 foot require- ment because it was hoped a developer might propose deeper com- mercial than 200 feet He stated something the Planning Com- mission did not consider which the Council did, was placing a street parallel with Lincoln to divide deep lots approximately in half The Planning Director stated he previously relayed the Council's concerns to the Commission He stated staff is considering the possibility of the parallel street and was proposing to present an analysis of potential subdivision arrangements for particular areas on Lincoln Commissioner Mullen stated he agreed with the language suggested by the staff Commissioner Adler discussed his suggestion to determine a ratio for commercial development He felt that since the deep lot is a problem in itself then the City should offer something to a developer to get the development it wants The Planning Director stated the combining zone itself provides the incentive for development Chairman Van Allen suggested other language for the ordinance to state "If any residential uses are proposed in conjunction with the development of any deep lot which is located in the LC Zone the frontage of said parcel shall be developed with primarily commercial uses for a minimum of 200 feet as measured from the front lot line prior to or concurrently with the residential development" It was moved by Commissioner Mullen and seconded by Commissioner Partin to add Section 12 6 3B to the Zoning Ordinance to read as follows. "If any residential uses are proposed in conjunction with the development of any deep lot which is located in the LC Zone, the frontage of said parcel shall be developed with primarily commercial uses for a minimum of 200 feet as measured from the front lot line prior to or concurrently with the resi- dential development" The motion carried by the following roll call vote. AYES 4 COMMISSIONERS Friedmann, Mullen & Van Allen NOES 1 COMMISSIONERS Adler ABSENT. 0 COMMISSIONERS• None Partin Commissioner Adler stated the 200 foot requirement was his objection and that while he agreed a buffer for the residential is needed and that the City desires commercial development he did not feel the 200 feet is the correct way to go ADJOURNMENT Chairman Van Allen adjourned the meeting at 11 26 p m ATTEST • HAIRMAN OF THE PLANNING COMMISSION SE OF THE PLANNI CR TAR QG COMMISSION 9