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Minutes 1977-08-18MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD August 18, 1977 The regular meeting of the Cypress Planning Commission was called to order at 6.35 p m on Thursday, August 18, 1977 in the Cypress City Council Chambers 5275 Orange Avenue Cypress, California, Chairman Robert Van Allen presiding PRESENT. ABSENT• Commissioners Adler, Friedmann, Mullen, Partin and Van Allen None Also present were Brian Hawley, Planning Director, Don Lamm, Assistant Planner, Frank Dalesandro, Office Engineer, and Elizabeth Strauss, Deputy City Attorney PLEDGE OF ALLEGIANCE. Commissioner Mullen led the pledge to the f lag MINUTES• It was moved by Commissioner Friedmann, seconded by Commissioner Mullen and unanimously carried to approve the August 4 minutes as corrected. ADMINISTRATIVE MATTERS. 1 Extension of Time for Conditional Use Permit #75-6 - Mr. Ken Beideman. The Planning Director presented a memorandum dated August 10 indi- cating the applicant requested an extension of the use permit to allow the construction of 104 motel units on a 1.4 acre parcel of land in the 5600 block of Lincoln Avenue The original plans proposed kitchenettes in 42 units and the applicant now proposes kitchenettes in all units Mr Ken Beideman 900 S San Gabriel San Gabriel architect stated the lender preferred kitchenettes in all units He felt a motel was the best use because of the shape of the land and stated the parcel size would restrict commercial use It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve a one year extension of time for C U P 475-6 subject to all conditions attached to the original approval of August 21 1975 and with the under- standing that the plot plans and elevations will be the same 2 Site Plan Review - Constitution Savings & Loan (Continued) The Planning Director presented the plot plans and elevations for Constitution Savings and Loan to be located on the south side of Ball Road, west of Valley View, behind the Albertson's shopping center He stated the plans have been changed in that the building will be moved further east away from the adjacent dwellings and a minimum eight -foot -wide landscaping strip will be provided between the uses He stated grading plans and landscaping plans will be submitted and he suggested adding a condition that plans for the signing program shall be submitted for review and approval by the Commission prior to issuance of the certificate of occupancy Planning Commission Minutes August 18 1977 Mr Ron Aday, representing the Crowell Corporation, 150 S. Los Robles, Pasadena stated the parking stalls are 17 feet in length to the wheelstop and cars can overhang the landscaping by 3 feet The Commission discussed the circulation, driveway access and possibility of providing access to this property from the alley at the rear of the Albertson's center Chairman Van Allen asked if anyone wished to speak in regard to this matter. No one wished to speak Mr Aday stated he was unaware of the conditions and Chairman Van Allen continued the matter to allow the applicant to read the conditions 3 Landscape Review - Conditional Use Permit ##76-18 - Butler Housing. The Planning Director presented the landscape plans and a colored rendering and described the landscaping program for the commercial center and condominium project located on the south side of Lincoln Avenue opposite Sumner Place He stated irrigation and landscaping plans will be required when the final building plans are submitted for the remainder of the commercial buildings Commissioner Adler asked if the applicant considered an under- ground irrigation system Mr Richard Roy, 1027 N. Coast Highway, Laguna Beach, repre- senting the applicant stated they prefer the conventional irrigation system since the underground system is new and there have been problems with installation and inconsistent watering It was moved by Commissioner Mullen seconded by Commissioner Friedmann and unanimously carried to approve the landscape and irrigation plans with the understanding that additional land- scaping plans will be submitted for Commission review and approval when the final building plans are submitted for the commercial buildings In regard to Administrative Item #2, Mr Aday questioned Conditions #4 and 6 regarding street lights and street light energy charges, Condition #7 regarding Ball Road street improve- ments, and Condition #26 regarding construction of the Ball Road raised median island The Planning Director stated the appli- cant was responsible for half the cost of the median and that this could be included in the condition He recommended the deletion of Condition #30 since it was a duplication of Condi- tion #15 Mr Aday stated the applicant accepted the conditions It was moved by Commissioner Friedmann seconded by Commissioner Adler and unanimously carried to approve the site plan for Constitution Savings and Loan subject to the following conditions• 1 The development of the subject property shall be in con- formance with the plot plans and elevations as submitted and reviewed and approved by the Planning Commission 2 Drainage fees shall be paid in accordance with the Master Plan of Drainage 3 Drainage shall be solved to the satigfaction of the City Engineer A grading plan shall be submitted for approval 4 Street lights shall be installed per City standards 5 All secondary and primary utility services shall be under- ground 6 Advance street light energy charges shall be paid -2- Planning Commission Minutes August 18, 1977 7 Ball Road shall be dedicated and fully improved with curb gutter, sidewalk, driveway, paving, etc , in accordance with the Master Plan of Streets and Highways 8 Street trees (15 gallon) forty feet (40 ) 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 9 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 10 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 11 Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No 1713 12 Developer shall conform to all applicable provisions of the City Code 13 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3, Resolution No 303 14 A retaining wall per City of Cypress standards shall be constructed at the property line where the grade difference is greater than twelve inches (12") 15 A bond shall be posted by the applicant to guarantee maint- enance of the irrigation system so that it operates in a manner for which it was designed and to guarantee maint- enance of all plant materials in a healthy, growing condi- tion, free of weeds and litter, for a period of not less than twelve (12) months, to the specifications of City staff 16 The proposed driveways on Ball Road shall be signed for "Right Turn Only" for traffic exiting onto Ball Road A deed shall be recorded and shall be attached to the title for this property dedicating all exit rights to Ball Road from this development to the City of Cypress except for right -turn movements from the proposed driveways 17 The location, width and type of driveways shall be subject to the approval of the City Engineer The proposed driveway on the westerly side of this parcel shall be a minimum of 30 feet (30') wide per City of Cypress Standard #207 18 All on-site drainage shall be conveyed to the street by means of an undersidewalk drain per City of Cypress standards 19 A topograph of the area surrounding this development shall be made to establish existing drainage flow patterns If the existing natural flow of any adjoining parcel is across the land of this development a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer -3- Planning Commission Minutes August 18 1977 20 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 21 All existing public improvements at the development site which are damaged, cracked, or otherwise below standard shall be removed and replaced to the satigfaction of the City Engineer 22 A minimum six-foot (6') high block wall measured from the highest adjacent grade shall be maintained along the westerly property line 23 Wheelchair and handicap access facilities shall be in- stalled on-site and off-site in accordance with the State of California and City of Cypress Building Department standards 24 All roof -mounted equipment, such as heating and air condi- tioning units shall be adequately screened from public view subject to the approval of the City staff 25 The developer shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the City staff 26 A raised median island shall be constructed on Ball Road extending to Myra Avenue to prohibit left turns into and out of parcel A bond shall be posted to guarantee against any defects in materials or workmanship The applicant/developer shall be responsible for one-half of the cost of the construction of this median island 27 The decomposed granite used to cover the rear portion of this parcel shall be approved by the City Engineer 28 A continuous physical barrier (i e 6" high concrete curb) shall be constructed at a minimum distance of three feet (3') from the base of all block walls exposed to vehicular traffic to the satisfaction of the City Engineer Planting may be installed in the area between the block wall and the curb 29 Plans for the proposed landscape and irrigation system shall be submitted for review and approval by the Planning Commission Required landscape and irrigation systems shall be installed prior to the issuance of a certificate of occupancy for this use 30 Plans for the proposed signing program shall be submitted for review and approval by the Planning Commission prior to the issuance of a certificate of occupancy for this project Mr William Shaper, 9173 Ethel Street, Cypress, asked why the Commission did not ask for public input on Administrative Item #3. The Chairman stated it was not a public hearing matter Mr Shaper asked how the landscaping plans could be approved without having a restaurant tenant approved and he asked if there was any indication as to what restaurant would be built. The staff advised him that landscaping plans will be submitted for Buildings "C" and "D" at a later date and that there was still a possibility of 'Turkey and Stuff locating on the property -4- Planning Commission Minutes August 18 1977 Chairman Van Allen announced that it was time to conduct the public hearings He opened the following hearings and continued them until later• AMENDMENT TO THE ZONING ORDINANCE NO 77-1 - CONDOMINIUM CONVERSIONS (Continued) CONDITIONAL USE PERMIT NO 77-16 - MS MARION CARTER (Continued) CONDITIONAL USE PERMIT NO. 77-17 - MR. PHILIP CHAPIRSON AND MR JOSEPH LAKREC ORAL COMMUNICATIONS: There were no oral communications presented at this time. 4 Landscape Review - Conditional Use Permit #76-20 - MEB Investments The Planning Director presented the landscaping and irrigation plans and described the landscaping program for the 28 unit condominium project located to the rear of the Lincoln Plaza Shopping Center The staff recommended that the applicant replace the Eucalyptus viminalis with another species of Eucalyp- tus preferably Eucalyptus citriodora. Mr Jim Gunn, representing MEB Investments, stated the appli- cant agreed with the staff's recommended change of tree It was moved by Commissioner Partin, seconded by Commissioner Friedmann and unanimously carried to approve the landscape and irrigation plans for C U P #76-20 subject to staff's recommen- dation regarding replacement of the Eucalyptus viminalis tree RECESS Chairman Van Allen called a recess at 8.05 p m The meeting was called back to order at 8.20 p m with all Commis- sioners present CONTINUATION OF 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 hearing to consider a proposed amendment to the Zoning Ordinance for possible amendments to the conditional uses and standards of development for condominiums and conversions of existing struc- tures into condominiums in the RM -20/A Residential Multiple Family Zone. He opened the hearing and asked for the staff report. The Planning Director reported that the City Council on June 13 referred the proposed condominium conversion ordinance back to the Commission for further consideration and requested that the Commission also determine the desirability of allowing conversions He stated the Commission received a copy of the staff's survey of condominium regulations of other cities, a report on the impact on Cypress' housing resulting from conversions, and a report from the Daon Corporation He reported that no further written or oral communications were received regarding this item and Daon Corporation received a copy of the latest staff report He stated the staff has been consistent in recommending that if apartments are to be converted to condominiums they should meet the existing building requirements for new condominium develop- ment and specifically meet the requirements for independent plumbing and electrical wiring and two one-hour fire walls Chairman Van Allen asked if anyone wished to speak in favor of changes to the ordinance as proposed -5- Planning Commission Minutes August 18 1977 Mr David Recupero, representing the Daon Corporation, 1400 Quail Street, Newport Beach, made a slide presentation showing conditions at Cypress Townpark Apartments located north of Ball Road and west of Holder which they wish to convert to condo- miniums He stated with conversion they would upgrade the landscaping, enclose trash containers and repair or replace broken concrete and other deficiencies. He noted that this is the only sizable apartment project built after adoption of the new Zoning Ordinance and, therefore, meets more rigid standards than older apartments He felt the project should be considered separately He felt conversion would provide moderate priced housing which complies with the goals of the City's Housing Element Mr Recupero stated the proposed ord- inance would make conversion of these apartments physically and economically prohibitive and that the company's position relative to the ordinance is outlined in their report submitted to the City Council He suggested that, rather than adopt an ordinance, the Commission should consider adopting a policy statement on conversions which could be implemented through a conditional use permit He presented a petition in support of conversion of their project signed by residents in the area The Planning Director indicated the petition conforms with the City's petition ordinance Commissioner Mullen made several comments regarding statements in the Daon report which he disagreed with and Mr Recupero responded to the comments Mr Recupero indicated the project would have difficulty in meeting the requirements for two one- hour firewalls, attached garages and for a sewer line outside of the units Commissioner Friedmann stated she agreed this was an appropriate development for possible conversion but that the company's objec- tion to the two one-hour firewalls and separate utilities con- flicted with the major requirements of the ordinance She felt upgrading of the units without meeting these requirements would constitute the sale of apartments and would be unfair to potential buyers and she felt moderate priced housing should not be sub- standard housing Chairman Van Allen felt the upgrading of the units was a normal responsibility of the owner and should not be a trade-off for allowing conversion Mr. Recupero described how the project would have difficulty in meeting the two one-hour firewall and independent plumbing requirements Commissioner Adler asked what guarantees would be afforded potential buyers of the units and Mr Recupero stated the Department of Real Estate provides buyers with a document indi- cating the dwelling is a conversion Chairman Van Allen indi- cated he would not support adopting a policy statement in lieu of an ordinance since a policy statement would be ambiguous to developers and potential homeowners Chairman Van Allen asked if anyone wished to speak in support of the ordinance as recommended by the Planning Commission Mr James Duncan, 9787 Rome Street, Cypress, stated he opposes any conversion of apartments to condominiums and that the City will experience trouble if they are allowed Mr. William Shaper 9173 Ethel Street, Cypress, felt building an extra wall in a unit instead of meeting the strict two one- hour firewall requirement would still present a fire hazard He noted that many persons cannot afford condominiums or single- family homes and there is a need for apartments -6- Planning Commission Minutes August 18, 1977 Mr Norm Osborn, 5792 Karen Avenue, Cypress, supported strict standards for condominium conversions He felt if standards are lowered for this application it would open the gate for future requests for deviations from the ordinance He felt potential buyers of conversions should be protected Commissioner Adler suggested including in the ordinance a ratio to determine how many conversions would be permitted The Planning Director stated the City of Costa Mesa permits conver- sions if apartment vacancies exceed a certain percentage and the difficulty with this approach would be in maintaining statis- tics He felt the City currently has a balanced and reasonable housing stock which satisfies the objectives of the Housing Element. Chairman Van Allen continued the public hearing until later CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-16 - MS. MARION CARTER Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a proposal to establish a nine -unit student dormitory together with incidental off-street parking and land- scaping on a parcel of land located at 6382 Orange Avenue in the RM -20/A Residential Multiple Family Zone He opened the hearing and asked for the staff report The Assistant Planner summarized Staff Report #77-29 dated August 12 describing the application and presented slides of the property He stated a variance is requested to allow units of 400 square feet rather than 750 square feet which is required by the ordinance for apartment units He stated the applicant submitted a conceptual plot plan at this time and if the request is approved would submit final plot plans and elevations Staff recommended approval of the application. Ms. Marion Carter 811 S Webster, Anaheim, reported there is a chain link fence along the west side of the property and a block wall along the south side and she suggested building a wood fence onthe east side. SShe inquired about the cost for a fire hydrant and the staff estimated the cost at $550 00 Ms Carter stated each dwelling unit would be over two garage spaces She stated she felt major changes were not required to the exterior of the existing building Commissioner Friedmann felt it would be difficult to control who occupies the units and if the units were occupied by older resi- dents it would constitute substandard housing Chairman Van Allen felt the unit size invited the doubling or tripling up of students and was also concerned that the 50 foot parcel width created a fire trap and difficulty in getting cars out of the property He asked if anyone wished to speak in favor or in opposition to the proposal. No one wished to speak in support or opposition Commissioner Adler suggested constructing apartments which could be used for dorm purposes Ms Carter felt dorms were a better use of the property She reported she priced fencing and esti- mated the building cost at $20 to $25/square foot She indicated the rent would be about $150 to $175 She indicated she could not afford to construct a block wall on three sides of the property Commissioner Mullen expressed concern that the applicant was not fully aware of all requirements. Commissioner Partin stated he favored the project but suggested continuing the hearing until the applicant investigates and resolves the condition requirements. -7- Planning Commission Minutes August 18, 1977 The Planning Director pointed out that there is extensive land- scaped screening on the east side of the property and a fence may not be required here He stated the garages could be located on the west lot line or set back five feet which would eliminate the need for a block wall on the west Commissioner Partin stated he opposed the one student per unit restriction since it would be difficult to enforce and one student probably could not afford the $175 rent Chairman Van Allen stated he supported the intended use but had concerns about the lot size, layout and the health hazard to occupants It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve the concept of the proposal and continue the public hearing until such time as the applicant wishes to submit more detailed plans for the project Commissioner Partin stated he did not favor the variance Com- missioner Adler questioned whether a dorm was the best use of the property and felt further study of the size and layout and more detailed plans were necessary The Planning Director suggested continuing the matter to allow the applicant to meet with staff to resolve the issues Chairman Van Allen had reservations that the 400 square foot units were too large Mrs Vickie Evans, 9326 Cambridge, Cypress, indicated that nine units did not conform with her concept of a dormitory which is usually on campus and controlled by the school She stated there was no way to control who occupies the units and felt students would double -up to pay rent She recommended that the Commission plan ahead and encourage larger dorm projects which include eating facilities, and encourage the college to develop on -campus dorms She felt approval of the concept may be construed as approval of the project Commissioners Mullen and Friedmann withdrew the motion and second It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and carried, with Chairman Van Allen voting no, to continue the hearing to the September 1 meeting Chairman Van Allen stated he opposed the continuance because he felt that regardless of the size of the units the proposal for a dormitory on this particular property was inappropriate PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-17 - PHILIP CHAPIRSON AND JOSEPH LAKREC• Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to establish a liquor store engaging in the off-site sale of general alcoholic beverages to be located on a vacant parcel of land at the northeasterly corner of Bloomfield Avenue and Orange Avenue He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #77-28 dated August 11 describing the application. The applicant is requesting a variance to allow a 10 foot setback from Orange Avenue where 25 feet is required by ordinance, and a zero setback from the east property line where 20 feet is required. A 20 foot setback is proposed from the north property line adjacent to the single- family residences The Planning Director read a communication from the Anaheim Union High School District dated August 17 which protested the estab- lishment of a liquor store within a quarter -mile radius of Lexington Jr High School because the sale of liquor may endanger the wellbeing of students passing on their way to school. Mr. Lamm reported that staff received several telephone calls from persons regarding the U -Tote -M store located across the street in the City of Hawaiian Gardens who reported at least three robberies have occurred there. He stated the Cypress Police -8- Planning Commission Minutes August 18, 1977 Department had no opinion regarding the application and had no basis for denial Mr Lamm presented slides of the subject property Commissioner Adler objected to the building being located on the east property line and expressed concern about only one entrance and one exit The Planning Director stated a second access is not required with the 50 foot dimension of the building He stated he was unaware whether the School District protest represented the Board's action Mr Philip Chapirson 3670 Aster Seal Beach the applicant, reported on his experience in owning and managing neighborhood shopping centers in other cities He reported he spoke to about 40 or 50 residents in the immediate area and most supported the store and felt it would eliminate an eyesore and not harm the area. He stated some of the objections were to the building being located next to the swimming pool to the east, to heavy traffic, or for religious reasons He felt locating the building on the east property line would provide a buffer for the park and pool. He stated a neighborhood shopping center will not generate heavy traffic, the trash areas will be enclosed and a five foot wide planter area is proposed along the north property line which, with the 20 foot setback, will buffer the homes He felt the 2 000 residential units within a half -mile radius of the store would provide adequate support for the store. He stated the liquor license which costs about $50,000 is a considerable investment and they wish to construct an attrac- tive high quality building The applicant stated their prices are about 20% lower than 7 -Eleven stores. He stated store hours would probably be 7 a m to 8 or 9 p m and 10 or 11 p m on week -ends He stated the building would be split - face block with a tile roof and recessed lighting Chairman Van Allen asked if anyone wished to speak in favor of the application Mr J Witt, 9573 Via Entrada, Cypress, felt there was no traffic problem in the area and that residents of Tanglewood need a store within walking distance and do not object to a liquor store He stated the corner needs improvement and he did not feel there was a problem with children congregating in the area. He felt there would be less problems than at a larger store like Alpha Beta Mr. Clyde Crowder 4024 Selkirk Circle, Cypress supported the zero setback on the east property line since the building wall would serve as protection for the pool and park RECESS: Chairman Van Allen called a recess at 11:45 p.m The meeting was called back to order at 12 00 a m with all Commis- sioners present Chairman Van Allen asked if anyone wished to speak in opposition Mrs DiAnne Shepherd 4036 Brighton Circle Cypress read and submitted a petition containing 98 signatures which requested denial of the liquor store on the basis that it would interfere with residents' quiet enjoyment of their homes and the park and pool to the east, and because of the proximity of Lexington and Arnold Schools and four similar stores within one-half mile of the subject property Mr J Shepherd, 4036 Brighton Circle, stated his home abuts the subject property and he opposes the sale of liquor for religious reasons. He felt a liquor store does not provide an environment -9- Planning Commission Minutes August 18 1977 in which to raise children and he was concerned about night disturbances, maintenance of the trash area possibility of robbery and undesirable activities by children at night He stated that the Alcoholic Beverage Control Board was considering a law which would prohibit liquor stores within 100 feet of a residence He suggested alternate uses of a professional office building real estate office or single-family homes He read a letter from Mr and Mrs Witte, 4016 Brighton Circle, whose home adjoins the subject property, who opposed a liquor store because of potential noise robberies and trash being dumped in their yard The following persons spoke in opposition to development of the liquor store. Many of the speakers supported development of the property to eliminate the eyesore but objected to a liquor store The speakers expressed objection to potential noise at night or from deliveries in the early morning, potential robberies, congregation of kids at the store, traffic and parking problems, devaluation of property values and interference with enjoyment of individual properties and the park and pool to the east, possibility of trash being thrown in the pool, the zero setback on the east property line close proximity of the store to the junior high school, and misrepresentation by the applicant regarding the degree of opposition in the adjacent tract Ms Nancy Peterson, 4026 Brighton Circle Ms Nancy Crowder 4024 Selkirk Court Mr Arnold Lowenberg, 4028 Cheshire Drive Mr Mike Park, 9406 Cambridge Street Ms. Monica Crockett, 4037 Cheshire Drive Mrs. Vickie Evans 9326 Cambridge Street Mr Ed Peterson, 4026 Brighton Circle Ms Joyce Knight, 4020 Orange Avenue The applicant responded to the comments. He felt a liquor store would not harm the morals of children since moral training is done at home and stated that while he does not believe in legis- lating against the morals of people he does not believe in smut He stated his store in Garden Grove is attractive and swept twice a week He reported that in his 21 years in the liquor business there has been only one robbery He felt the ABC Board should determine the desirability of the store's distance from the schools He stated most of the persons he spoke with did not object to the store and that during the ten years the property has been vacant residents could have suggested alternate uses Chairman Van Allen stated the residents' petition did not conform with the City's petition ordinance Commissioner Mullen stated that he could not support the proposal because of the overwhelming opposition by residents Commissioner Partin suggested continuing the hearing to give the applicant a chance to circulate a petition. He felt the testimony was not the consensus of the neighborhood and did not represent a good cross section Chairman Van Allen agreed with a continuance and felt the applicant should have a chance to circulate a petition Mrs Vickie Evans, 9326 Cambridge Street, stated the Commission should make a decision based on testimony and not poll the audience or take votes. She felt there was no need for a continuance since hearing notices were mailed to interested property owners, the homeowners expressed themselves and the applicant presented his case. Mr Arnold Lowenberg, 4028 Cheshire Drive, asked that the Com- mission act tonight since it has the facts and nothing will be gained with another petition -10- Planning Commission Minutes August 18, 1977 Mr. Ed Peterson, 4026 Brighton Circle, stated that, in regard to Commissioner Partin's comment that only the persons closest to the subject property have spoken, the homeowners adjacent to the property are most directly affected and their opinion should carry more weight It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to deny Conditional Use Permit #77-17 based on the testimony regarding noise disturbance, close proximity of the store to dwellings and schools, problem with increased traffic, the zero setback, interference on the park and pool use, and possibility of robbery with homes only 20 feet away. Chairman Van Allen stated the project fails to give consideration to the character of the neighborhood. He stated he could not approve the front of the building as proposed and his objection was to the large window area which he felt was unnecessary for this type of store and is conducive to gawdy signs He stated he was concerned with the building layout and parking and that the variance makes the project undesirable as proposed Commis- sioner Adler stated he did not oppose a use permit for a store but he objected to the proposed layout The motion unanimously carried by the following roll call vote• AYES NOES: ABSENT 5 COMMISSIONERS. Adler, Friedmann, Mullen, Partin & Van Allen 0 COMMISSIONERS• None 0 COMMISSIONERS None The Planning Director stated there is a 15 day appeal period. Chairman Van Allen closed the public hearing CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 77-1 - CONDOMINIUM CONVERSIONS• Commissioner Adler suggested that instead of basing the number of conversions that would be permitted on a vacancy factor, the City establish a ratio Chairman Van Allen felt it would be unfair to future Commissions and City Councils to determine a ratio at this time and stated if conditions change in the future the ordinance can be amended In response to Commissioner Adler, the Planning Director stated the ordinance proposes a minimum of 400 square feet of open space per unit, which can include patio areas and common recrea- tion areas which is a more specific requirement than 35% as in the current ordinance Commissioner Adler felt the requirements for independent utilities and two one-hour firewalls should remain in the ordinance and he stated he agreed with the ordinance as written. Mr. Mike Park, 9416 Cambridge Street, Cypress, stated he is in the property management business and has been involved with several apartment conversion projects He stated an existing building cannot be rebuilt but to protect homeowners and the integrity of plans certain requirements such as for open space and parking can be imposed He felt certain requirements of the ordinance which would require a developer to remove existing plumbing or add the two one-hour firewalls and reduce the size of the unit were an undue restraint on the private sector to develop property to the highest and best use He stated a program is available to developers where they can offer a one year guarantee on the electrical and plumbing systems at a nominal cost. -11- Planning Commission Minutes August 18, 1977 Commissioner Mullen moved that the Planning Commission go on record in favor of an ordinance which encourages the upgrading of the housing stock through the conversion of apartments to condominiums only where it is determined that the total stock of apartments will not be lessened to the extent where it will deprive any economic level from reasonable housing opportunities or jeopardize the public health, safety and welfare. Commissioner Mullen indicated that older apartment projects may require special consideration in getting relief from certain ordinance requirements such as guest parking or for the attached garages The Deputy City Attorney advised the Commission that it cannot prohibit conversions but it can place conditions for approval of conversions She also cautioned them not to discuss variances which may or may not he granted Commissioner Mullen's motion was not seconded Commissioner Partin moved a substitute motion to continue the hearing to August 25 so that the Commission has sufficient time to discuss the matter as the only agenda item The motion was not seconded Commissioner Friedmann felt the Commission was in general support of the ordinance and that it should be referred back to the City Council as is She felt since a majority of apartments in the City would be unable to meet the ordinance requirements for con- version it would not upset the housing balance Chairman Van Allen supported referring the ordinance to the Council as it is with the comments that the Commission is still satisfied with it and that by including standards this would permit conversions He stated he has heard no evidence to change the recommended requirements and he stated deviations from the ordinance could be handled through the variance procedure It was moved by Commissioner Friedmann and seconded by Chairman Van Allen to refer the condominium conversion ordinance to the City Council as written with the statement that the Commission agrees with allowing conversions if they comply with the ord- inance provisions and that the Commission has reconsidered the proposed standards and still recommends them Commissioner Mullen felt the ordinance should have a provision to provide relief especially for problems which may arise with older apartments. The Planning Director stated the conversion ordinance would be included in the Zoning Ordinance which provides for relief through a variance The motion unanimously carried by the following roll call vote• AYES NOES. ABSENT: 5 COMMISSIONERS• Adler, Friedmann, Mullen, Partin & Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Mr Recupero thanked the Commission for its consideration ADMINISTRATIVE MATTERS: (Continued) 5 Review of proposed locations for additional bus benches The staff presented a memorandum dated August 12 which outlined locations where the Bench -Ad Company requested additional bus benches Chairman Van Allen recommended that the request for additional benches be denied He felt that allowing bench advertising which is not always maintained and does not enhance a neighborhood is contrary to the strict signing requirements which the Commission places on businesses -12- 1 1 1 Planning Commission Minutes August 18 1977 It was moved by Chairman Van Allen seconded by Commissioner Partin and unanimously carried to deny the request for additional bus bench locations Commissioner Adler requested that the staff provide a map showing property locations with the staff reports ADJOURNMENT. Chairman Van Allen adjourned the meeting at 2:15 a.m. ATTEST: CHAIRMAN OF THE PLANNING COMMISSION SECRE RY OF THE •LANNING OMMISSION -13-