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Minutes 1977-11-03MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD November 3, 1977 The regular meeting of the Cypress Planning Commission was called to order at 6.40 p m on Thursday November 3 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 Planning Director Brian Hawley, Public Works Director Art Schatzeder, Assistant Planner Don Lamm, and Deputy City Attorney Elizabeth Strauss. PLEDGE OF ALLEGIANCE Commissioner Mullen led the pledge to the flag The Planning Director requested that Item #2 under Administra- tive Matters be continued indefinitely until the applicant sub- mits landscaping and signing plans Hearing no objections Chairman Van Allen continued Item #2, Landscape Review for Anthony Industries At the Planning Director's request, and hearing no objections, Chairman Van Allen added Item #3 to the agenda regarding signing for the Blue Shopper business located at the northwest corner of Orange and Moody and Item #4 regarding review of elevation plans for the car repair facility on Lincoln Avenue approved under C.U.P #77-23 Chairman Van Allen also added Item #lb to the agenda regarding the proposed vacation of guest parking areas in the courts of Tract #8126 The Planning Director re- quested that Administrative Matter #1 be considered in conjunction with public hearing #2 on the agenda MINUTES. It was moved by Commissioner Friedmann seconded by Commis- sioner Partin and carried, with Commissioner Mullen abstaining to approve the October 20 minutes ADMINISTRATIVE MATTERS• 1 Consideration of Blue Shopper Sign - 4951 Orange Avenue The Assistant Planner reported that staff became aware in June that The Blue Shopper, an advertising agency at the northwest corner of Orange Avenue and Moody Street, had installed a new sign facing contrary to the uniform signing program for the center Staff transmitted correspondence from the Blue Shopper vice president and from the property owner, Merco Manufacturing relating to this matter. The latest communication from the Blue Shopper dated September 16, indicated that, because of the sign problem, the Blue Shopper intended to terminate the lease and the owner would place the property back on the market Planning Commission Minutes November 3, 1977 Commissioner Mullen was in favor of continuing the matter and having the business explain their signing program before the Commission Chairman Van Alien felt if an exception is made for the Blue Shopper then other tenants may request deviations from the uniform sign program He noted that the Blue Shopper has not contacted staff about their signing program Commissioner Mullen moved to continue the matter to the next meeting and that the Blue Shopper be invited to the meeting to explain their signing program The motion was not seconded The Planning Director stated the normal procedure in handling violations of the Zoning Ordinance is to have the City Attorney's office direct a communication to the business to solicit com- pliance Commissioner Partin felt the problem could reoccur with other tenants in the center and that the Blue Shopper must comply with the C U P conditions or move It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and carried, with Commissioner Mullen abstaining receive and file the report to 2 Review of Elevation Plans for Automotive Repair Facility at 4572 Lincoln Avenue - C.U.P. #77-23. The Planning Director presented the elevation plans and reported the applicant proposed to construct a beige slumpstone veneer four feet in height from the base of the building along the frontage of the building and do stucco repair and repainting wherever necessary on the buiilding He stated the air condi- tioning and other roof appurtenances should be removed He reported the applicant proposes to insert redwood slats in the six foot high chain link fence Mr. Bob Gilbert, 4692 Sharon, La Palma, the applicant, stated he will remove the roof equipment on the building He stated they intend to submit landscaping plans at a later date and they are not requesting approval of signing unless the Commis- sion wishes to grant approval Chairman Van Allen asked if the Building Department made a report regarding the structural soundness of the building. The Planning Director stated he had not received an official report and that he received no indication from the Building Superin- tendent that the building was structurally incapable of being renovated The Assistant Planner reported an inspection was made six months ago and there have been additional inspections since then and the building records indicate the building is structurally sound. He stated the applicant has a list of 12 items of work necessary to bring the building up to code and if the building cannot be brought up to code then it must be demolished Mr Gilbert stated the Building Department officials have made regular inspections of the property and appear to have no concern regarding the structural adequacy Chairman Van Allen asked if anyone else wished to speak in regard to this matter There was no one wishing to speak Commissioner Mullen stated he would abstain on this item since he did not hear the discussion at the previous hearing on the conditional use permit Commissioner Adler stated he felt the elevations were plain and did not take advantage of several of staff's recommendations especially in view of the fact that the City was trying to improve and attract businesses on Lincoln Avenue -2- Planning Commission Minutes November 3, 1977 It was moved by Commissioner Adler and seconded by Chairman Van Allen to not accept the elevations as presented for Lloyd's Auto Repair Commissioner Adler was in favor of extending the parapet wall around the building and expressed concern that the repatching and repainting may not be adequate and may look unattractive Mr Gilbert stated the parapet was only one way to modify the building and was not critical He stated the holes will be repaired to give a uniform surface texture and the chain link fence will be upgraded and slats added Commissioner Partin favored approval of the plans and felt any work will improve the property and eliminate the eyesore He favored the applicant proceeding and later when the business prospers he felt the applicant may improve the property further The motion failed to carry with Commissioners Adler and Van Allen voting aye, Commissioners Friedmann and Partin voting no, and Commissioner Mullen abstaining Mr Gilbert stated he does not intend to reconstruct the building and that it is to his advantage to use the existing structure The Planning Director suggested that the matter be continued and that he meet with the applicant to work out plans for im- provement of the building He stated he will request a written report from the Building Department regarding the structural condition of the building, request recommendations for treatment of the exterior, and get that department's input regarding the patching and repainting work proposed by the applicant Commissioner Partin stated building the parapet is a consider- able undertaking and would require reconstruction of the roof. He stated that since the building is set back 20 or 30 feet from the street and the rear is not visible to traffic that the parapet is unnecessary He stated the building in its present state is being vandalised and is a hazard and if the building cannot be brought up to code the applicant intends to demolish it Commissioner Partin moved to approve the elevation plans The motion was not seconded Hearing no objections, Chairman Van Allen stated the matter would be continued to the next meeting in order for the appli- cant to meet with the Planning Director pursuant to his recom- mendations Chairman Van Allen requested that Commissioner Mullen listen to the tape recording of the previous hearing on this matter 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 RECESS Chairman Van Allen called a recess at 7.20 p m The meeting was called back to order at 7:40 p m with all Commis- sioners present PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO 77-24 - SHORT STOP FAST FOODS• Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to establish, operate and maintain a fast food, drive-thru restaurant and ice cream store to be located at the southwest corner of Cerritos Avenue and Knott Street in the CS -N -2A Commercial Shopping Center Zone He opened the hearing and asked for the staff report -3- Planning Commission Minutes November 3, 1977 The Assistant Planner presented Staff Report #77-40 dated October 27 describing the application He reported one letter of protest was received from the property owner immediately adjacent to the south who indicated one of his concerns was the possibility of trash being thrown over the wall into his yard Mr Lamm stated staff suggested that a two -foot -high redwood wall extension be constructed on the south and west property lines to guard against vandalism and debris The Commissioners addressed several questions to staff regarding the development plans. Chairman Van Allen inquired about the possibility of eliminating a few parking spaces, such as those designated as #17 and 18, to provide for a straight traffic lane to Knott from the southwesterly parking area Mr Bruce Hughes, representing the applicant, 1444 N Glassell, Orange, stated they proposed that the rear parking area serve as employee parking He felt eliminating the two parking spaces may cause confusion in the circulation pattern Commissioner Mullen inquired about a solar heating system in the plans Mr. Bert Turio, architect, 3111 Second Street, Corona del Mar, stated they are investigating the use of solar collectors to heat the buildings The Planning Director inquired if the applicant read the condi- tions Mr Hughes stated they would prefer to construct a block extension on the wall instead of wood to create a nicer appearance. Staff indicated an investigation would be necessary to determine if the wall could sustain the added weight of a block extension and the Planning Director recommended that condition #1 be changed to read a maximum two -foot -high extension shall be constructed along the block wall dividing the subject property from adjoining residences to the specifications of the Building Superintendent Chairman Van Allen asked if anyone wished to speak in support Mrs. Sharon Borden 7044 Cerritos Stanton stated she had no objections to the drive-thru restaurant She stated the property has become a hazard the past two or three years with neighborhood children riding motorcycles and creating noise and dust problems She indicated she favored development and upgrading of the property Chairman Van Allen asked if anyone wished to speak in opposition No one wished to speak in opposition The staff provided the applicant with a copy of the letter of protest Mr Alan Hollingshead, 4132 E Larkstone, Orange, felt there would not be a vandalism problem with the help of City ordinances, the posting of no loitering signs and the business' discouragement of loitering He reported the menu of the restaurant will con- sist of Mexican and American food and a breakfast menu is included He stated the seating capacity will be about 35 or 40 He stated they would like to open at 6 30 a m and have a closing time of 10 p m during the winter and 12. midnight during the summer Chairman Van Allen recommended adding a condition setting the hours of operation as 7 a m to 12 midnight Hearing no objec- tions, he added this as Condition #37. Mr Hollingshead stated this is the first free-standing rest- aurant and is not part of a chain Mrs Borden stated a car wash exists across the street from the proposed restaurant, that people wash cars at odd hours, and there have been no problems. -4- Planning Commission Minutes November 3, 1977 It was moved by Commissioner Adler and seconded by Commissioner Mullen to approve Conditional Use Permit #77-24 subject to the following conditions 1 A maximum two -foot -high extension shall be constructed along the block wall dividing the subject property from the adjoining residences located at 10541 Knott Street and 6962 Cerritos Avenue subject to the approval and acceptance of the property owners and also subject to the specifica- tions of the Building Superintendent 2 A comprehensive signing program shall be reviewed and approved by the Planning Commission prior to installation of any permanent signing 3 Elevations of the proposed satellite building (ice cream store) shall be reviewed and approved by the Planning Commission prior to issuance of building permits for this structure 4 Drainage fees shall be paid in accordance with the Master Plan of Drainage 5 Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval 6 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 7 All on-site drainage shall be conveyed to the street by means of an undersidewalk drain, per City of Cypress standards 8 All on-site A C paving shall have a minimum slope gradient of 1% and concrete gutters or swales shall have a minimum slope of 0 25% 9 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") 10 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3 Resolution No 303 11 Cerritos Avenue and Knott Street shall be fully improved with curb, gutter, sidewalk, driveway, paving, etc , in accordance with the Master Plan of Streets and Highways 12 The corner cutoff shall be dedicated to the City of Cypress for roadway purposes 13 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 and shall be subject to the approval of the City Engineer 14 Developer shall conform to all applicable provisions of the City Code 15 Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No 1713 -5- Planning Commission Minutes November 3 1977 16 All existing public improvements at the development site which are damaged, cracked or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer 17 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 18 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 concen- tration of nitrogen, phosphorus, potassium, pH, salinity, sodium status and boron saturation extract Results of these tests with recommendations of the agricultural labora- tory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date 19 A landscape and irrigation plan shall be reviewed and approved by the Planning Commission prior to any installation of landscaping 20 A certificate of occupancy shall not be issued for this development until all landscaping and irrigation is completed in accordance with plans and specifications as approved by the Planning Commission 21 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 maintenance of all plant materials in a healthy growing condition, free of weeds and litter, for a period of not less than twelve (12) months, to the specifications of the City staff 22 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 23 All secondary and primary utility services shall be under- ground 24 Street lights shall be installed per City standards 25 Advance street light energy charges shall be paid 26 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 27. The quantity, location, width and the type of driveway shall be subject to the approval of the City Engineer 28 The double exit drive south of the drive-thru window shall be a minimum of 22 feet wide on-site The entrance drive off Knott Street shall be a minimum of 14 feet wide Drives shall have radii returns The building overhang shall not extend over the entrance or exit drive but may cover the drive-thru window lane 29 A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be maintained or modified as necessary along the south and west property lines 30 The wall along the south property line shall run east to the Knott Street building setback The wall along the west property line shall run north to the last adjacent parking stall -6- Planning Commission Minutes November 3, 1977 31 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 32 Parking lot circulation shall be subject to the approval of the City Engineer • 33 A bicycle rack, having a minimum storage of five (5) stalls, shall be installed The location of all bicycle racks shall be subject to the approval of the City staff 34 Wheelchair and handicap access facilities shall be installed on-site and off-site in accordance with State of California and City of Cypress Building Department standards 35 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 36 Commercial or industrial developments which adjoin resi- dentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the City staff 37 The hours of operation of this facility shall be restricted to the hours between 7 a m and 12 midnight Commissioner Friedmann stated she supported the motion and the well thought out development plans but she was concerned about the number of fast-food restaurants being developed and felt it might discourage development of a sit down restaurant in the City 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 Chairman Van Allen closed the public hearing The Planning Director stated there was a 15 day appeal period. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO C-267, MODIFICA- TION NO 2 Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposed modification to Conditional Use Permit #C-267 which sets forth standards of development for the Cypress Village project Speci- fically, the modification is a proposal to eliminate a condition of approval which required the provision of an area along Capers Way and Breton Way for the parking/storage of recrea- tional vehicles Chairman Van Allen opened the hearing and stated Administrative Item #1a, consideration of vacation of a portion of public right-of-way (Capers Way and Breton Way), would also be considered at this time He asked for the staff report The Planning Director reported the notice of the public hearing was mailed in accordance with legal requirements and the notice was mailed to all property owners within the Cypress Village project He presented an aerial photograph of the development and slides of the areas in Breton Way and Capers Way proposed for RV parking under C U P #C-267 Breton Way is 1020 feet long, Capers Way is 450 feet long He stated the area desig- -7- Planning Commission Minutes November 3 1977 nated in the alleys for RV parking is 11 feet in width which includes 8 feet of paving separated by a curb from a three foot wide landscaping strip He also presented slides showing the parking areas in the cul-de-sac courts of Tract #8126 which were requested to be vacated by the Cypress Village Homeowners' Association The Planning Director read Staff Report #77-41 dated October 28 discussing the proposal to modify Condition #46 of the use permit Staff's recommendation was that, since the alleys lacked the normal facilities incidental to RV parking and storage, Condition #46 should be eliminated The Planning Director reported that the living areas of the units are oriented away from the alleys He transmitted a letter from Mr and Mrs Guthrie, owners of Lot 71 in Tract #8124, who requested that Breton and Capers Way remain dedi- cated City streets and subject to the 72 hour parking restriction The Public Works Director transmitted a report dated November 1 which outlined the pros and cons of the alleys being dedicated to the Homeowners' Association Mr M K Thompson 6653 Brewster Court reported that a letter was sent to S & S Construction Company from the Board of Direc- tors of the Homeowners' Association indicating that the Board adopted a resolution on December 15, 1976 requesting that "S & S Construction Company acquire for the Association the guest stalls in the courts in Tract 8126 and the property on Capers Way in Tract 8125 and on Breton Way in Tract 8124 as provided for by Conditional Use Permit #C-267 of the City of Cypress and by Article VIII, Item (e) as amended in the declaration of cove- nants, conditions and restrictions" Mr. Russ Mycorn 6820 Breton Way, stated at present the Board is the governing body but they do not require a quorum or a majority of residents to take action such as that just mentioned and he felt the Board is not representative of what the entire area wants Mrs Marie Wek, 6630 Capers Way, stated she, was present at the Board meeting when the letter was signed and the background of the action is that the Board was concerned the RV owners might sue the Association and felt they must make an attempt to gain the property back from S & S S & S declined to give the prop- erty back She reported the Association's attorney advised the Board to not get involved and let the individual property owners settle the matter on their own Chairman Van Allen asked if anyone wished to speak in favor of the proposed modification Mr Herb Rockoff, 6629 Fichot Way, opposed RV parking because of potential noise and excessive exhaust problems and possibility of motorcycle riding in the area, vandalism, buying and selling of RVs dirt accumulation, obstruction. of traffic in the alleys and lack of facilities to clean or repair RVs The following speakers opposed RV parking because they felt with the dimension of the alleys RVs would be unable to turn around, RV parking would eliminate space for other vehicles, and RV parking in the alley might cause difficulty for cars pulling in and out of the garage Mr David Clement, property owner at 6580 Capers Way Mr Frank Orlando, Amelia Way Mrs Denise Clement, 6580 Capers Way -8- Planning Commission Minutes November 3 1977 Mr Russ Mycorn, 6820 Breton Way, stated there was no place to discharge RV holding tanks no fire fighting facilities or other facilities to induce RV storage He stated only 8'2" of paved area is available for parking because of the three feet of landscaping and 10" wide curb He stated he objects to long storage but not to RV parking Mr Kim Turett, 6898 Breton Way urged retention of the alleys as City streets as being in the best interest of the majority He felt RVs would cause waste, noise and safety problems, attract vandalism and restrict emergency vehicles. He stated when he purchased his home he was not informed of any proposed RV storage facility He presented a petition signed by 2/3 of the residents requesting that the City retain the alleys Mr Richard Steele, 11256 Fichot Way stated the matter has been misrepresented by S & S since some homeowners were told that RV parking was proposed and others were told the alleys would be used for guest parking and there is nothing in the CC&R's to the contrary The Deputy City Attorney stated the petition submitted by Mr Turett complies with the City's petition ordinance Mr Brett Couchera 11258 Fichot Way, stated he collected many of the signatures on the petition and many were RV owners who stated they would not park in the alleys because of the lack of fencing, protection, and other necessary facilities. Mr. Ken Johnson, 11259 Knott Avenue, felt RV parking would decrease available parking space for automobiles and stated he supported the staff recommendation. He stated when he purchased his home the salesman indicated there was no plan for permanent RV parking and the alleys would be subject to the 72 hour restriction Mrs Marie Wek, 6630 Capers Way, reported that previously the Association membership voted against accepting the alleys and it was a hand vote and not recorded She felt the majority of homeowners favored retaining the alleys as City streets with the 72 hour parking restriction She offered to provide the Commission with correspondence from S & S and the Association regarding this matter Chairman Van Allen asked if anyone wished to speak in opposition to the modification Mr M K Thompson, 6653 Brewster Court, supported no modifica- tion and vacation of the alleys He felt the alleys were the least objectionable location for RV parking since on Capers and Breton Way only 35 homes face the alleys while on Orangewood 60 homes face the street He felt the proper way to settle the matter was through a method provided for in the CC&Rs, under Article 6 Section 3 whereby 75% of the residents may amend the CC&Rs He urged that the use permit not be amended that the alleys be vacated and that the Homeowners' Association decide the matter He reported that a suggestion was made to charge a fee for RV storage and hire a security guard He felt there was sufficient room in the alleys for RV parking Mr Thompson reported the vote to eliminate the RV areas was taken after adjournment of a meeting and was not a legal vote. Mr Albert Hirota, 6882 Breton Way, spoke in support of the modification and felt persons from other areas could park their RVs in the Cypress Village project He stated there are RV storage facilities available in the community -9- Planning Commission Minutes November 3 1977 Mr David Daniels, 11371 Harkers Court reported for two years he was chairman of the Parking and Safety Committee and they were working towards improving the alleys by providing fencing and lighting and security and charging a fee for RV storage He felt S & S should be responsible for these improvements. He supported the Association acquiring the alleys and estab- lishing rules for their use The following persons supported RV parking, vacating the alleys to the Homeowners' Association and allowing the Association to resolve the problem. Mrs Claire Honer, 6608 Southampton Drive Mrs Susan Benning, 6651 Brewster Court Mr Ernie Hague, 6533 Orangewood The Planning Director stated that RV parking and storage stand- ards were established after this project was constructed He stated if it was a new project, a design providing for a 1 000 foot long 8 foot wide RV storage area would not be allowed as adequate. He stated staff still recommends that the use permit be modified to eliminate the RV parking requirement, that the alleys be retained in the public right-of-way which would allow RV parking subject to the 72 hour restriction RECESS Chairman Van Allen called a recess at 10 05 p m The meeting was called back to order at 10.15 p m with all Commis- sioners present Chairman Van Allen stated those in support and then those in opposition would be given an opportunity to speak Mr Ralph Bredding, 11260 Fichot Way, urged the Commission to accept the Planning Department's report and stated he agreed with the 72 hour limitation. He stated they are concerned about vandalism and property values throughout the project Mr Joe Boily, 6822 Breton Way, stated he circulated the peti- tion and 95% of the residents agreed with it He stated there was a possibility of prostitution being conducted out of the RVs if they are allowed to park in the alleys Mr Couchera asked that the Commission act in favor of the majority. He felt RV owners would not want to store their vehicles in the alleys and stated they are making other accom- modations now Mr Charles Philips 11251 Morgan Way, felt storage in the alleys would present a fire hazard Mr M K Thompson felt if the alleys remain dedicated streets this would prohibit RV parking since Article 8(b) of the CC&Rs prohibits RV parking anywhere within the project except in garages He stated the Association's attorney advised that this would be enforceable on City streets Mr Thompson stated he would use the alley to park his RV although he felt it was an unacceptable location for storage He stated this is a community problem and he recommended that it be resolved through the CC&Rs The Deputy City Attorney stated Article 8(b) cannot be enforced on City streets since the City cannot prohibit RV parking on City streets Mr David Daniels stated the fact that RV owners have found a way to deal with the problem does not mean the RV area is not needed and he asked that the Association be allowed to solve the problem -10- Planning Commission Minutes November 3, 1977 Mr Ernie Hague stated the petition was circulated under false circumstances Mr Herb Rockoff stated the S & S salesmen told buyers what they wanted to hear and the CC&Rs can be interpreted differently Mrs Marie Wek stated the alleys will become an RV storage area if the 72 hour restriction is not retained Mr Joe Boily stated the CC&Rs provide for amendments to protect the value of homes and for the betterment of the entire community Commissioner Mullen stated RV storage would be inappropriate in the alleys and a detriment to the community He felt the design of the project with respect to RV storage was poor and that the accumulation of dirt under stored vehicles would be a problem Commissioner Adler stated he favored the City re- taining the entire alleys and felt if the alleys were split it would be difficult for both the City and Association to sweep the public and private portions Commissioner Partin was concerned that the elimination of Article VIII (e), requiring the RV storage area, may cause this problem to reoccur at the time properties are sold The Deputy City Attorney stated the motivation for modifying this condition would be to allow the Homeowners' Association to deal with the matter and she noted they have the mechanism to amend the CC&Rs Mr Tom Singer, 6518 McNutt, stated that amending the CC&Rs would only be a formality It was moved by Commissioner Mullen and seconded by Commissioner Adler to adopt a resolution urging the City Council to approve a modification to Conditional Use Permit #C-267 to eliminate Condition #46 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 It was moved by Commissioner Mullen and seconded by Commissioner Friedmann that the alleys be retained in the public right-of-way The motion unanimously carried by the following roll call vote. AYES: 5 COMMISSIONERS• Adler Friedmann Mullen Partin & Van Allen NOES. 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS• None The Planning Director stated these items will be on the City Council's November 28 agenda In regard to Administrative Matter #1, Consideration of Vacation of a Portion of Public Right-of-way (Capers Way and Breton Way), the Public Works Director recommended that the Commission make a determination that the vacation is not in conflict with the General Plan and the alleys are not required for street purposes 11, It was moved by Commissioner Mullen and seconded by Commissioner .J Friedmann to find that, if the City Council decides in favor of vacation, the vacation does not conflict with the General Plan and the property is not required for street purposes as part of the public right-of-way The Deputy City Attorney stated there was no requirement to make the finding since the Commission denied the vacation and she suggested that the motion be withdrawn -11- Planning Commission Minutes November 3 1977 Mr. Ken Johnson suggested that the Commission find that to not vacate the property does not conflict with the General Plan. Chairman Van Allen felt the Commission should not make the finding and anticipate that the Council's action will be dif- ferent from theirs. Commissioner Mullen withdrew the motion and Commissioner Friedman withdrew the second. Chairman Van Allen closed the public hearing ADMINISTRATIVE MATTERS: (Continued) lb Consideration of proposed vacation of guest parking areas in Cypress Village, Tract #8126. The Public Works Director presented a report dated November 1 and slides showing the court areas in Tract #8126 which were requested to be vacated by the Cypress Village Homeowners' Association The homeowners reported there have been parking problems in these areas involving long-term parking other than guest parking, and boat storage has occurred The Association felt vacation of the areas will allow them to impose stricter parking controls The staff report outlined pros and cons of vacation of the areas and the maintenance costs which would be borne by the Association Chairman Van Allen asked if anyone wished to speak in support or opposition to vacation of the court areas Mr M K Thompson, 6653 Brewster Court asked how many parking stalls were involved and why the maintenance costs were higher than those for the RV areas Staff reported about 100 stalls were affected and these comprised more paved area than the alleys Mr Thompson stated he supported vacation and the Association's control over these areas to restrict them to guest parking Mr Frank Ross, 11343 Orrs Court, asked who would pay for police patrol and how violations would be handled The Deputy City Attorney stated the Homeowners' Association would be responsible for enforcing conditions if the areas are vacated and for pro- viding police patrol She advised that the Association could request the City to enforce the Vehicle Code on its property The Public Works Director stated there would be no extra cost to the Association for police patrol provided by the City as long as the courts are properly posted Commissioner Mullen asked if the Association must accept the courts if they are vacated The Public Works Director stated he discussed this matter with the City Attorney who indicated that if the City vacates the areas it would also file a quit claim action in favor of the new title holder Mr Tom Singer, 6518 McNutt, reported this matter was previously discussed by the Homeowners' Association and they voted to deny accepting the courts in past action It was moved by Commissioner Friedmann, seconded by Commissioner Mullen and unanimously carried to approve the vacation of the guest parking areas in the courts in Tract #8126 with the finding that the vacation does not conflict with the General Plan and the areas are not required for street purposes ADJOURNMENT. Chairman Van Allen adjourned the meeting at 11 30 p m ATTEST• CIAIR.MAN OF THE PLANNING COMMISSION ti( SECRETA Y OF THE PLANNING COMMISSION -12-