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Minutes 1978-02-02MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD February 2, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6.37 p m on Thursday, February 2, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Robert Van Allen presiding PRESENT. ABSENT. Commissioners Adler, Mullen, Partin and Van Allen Commissioner Friedmann Also present were Brian Hawley, Planning Director, Frank Dalesandro, Office Engineer, Don Lamm, Assistant Planner, Sandy Spain, Zoning Inspector, and Elizabeth Strauss, City Attorney PLEDGE OF ALLEGIANCE• Commissioner Partin led the pledge to the flag MINUTES• It was moved by Commissioner Mullen, seconded by Commis- sioner Partin and unanimously carried to approve the January 19 minutes as corrected Hearing no objections, Chairman Van Allen added Item #6 under Administrative Matters regarding a zoning determination for a health club/massage parlor The Planning Director transmitted modified conditions for Tentative Parcel Map #78-1, Item #4 on the agenda The City Attorney introduced Mr Rob Bower who will represent the Planning Commission as Deputy City Attorney. ADMINISTRATIVE MATTERS• 1 Zoning Violation, Moody and Ball Shopping Center (continued). The Zoning Inspector transmitted a report dated January 13 and the Assistant Planner presented slides describing the zoning violations at the Moody/Ball shopping center which related to signing and the trash enclosures Staff recommended action by the City Attorney's office The violations involved unauthorized placement of signs in the planter areas and failure to keep the trash bins in the building recess The Zoning Inspector reported a building permit was taken out in May 1976 but the trash enclosure was not constructed Mr Ralph Nielsen, property manager, reported that about two weeks ago two tenants removed their trash bins and agreed to use one bin placed in the building recess He reported trash is picked up daily now He stated they were concerned about the trash problem and feel it is solved He felt the installation of a directory sign would meet the tenants' demands for better exposure and resolve the sign problem Chairman Van Allen noted that on the original signing approval the facia signs were approved larger than normally allowed based on the fact that no pole sign was requested Planning Commission Minutes February 2, 1978 Mr Nielsen stated he felt a small neighborhood center which has no anchor tenant, needed a directory sign He felt a center iden- tification sign would be appropriate for a larger center He reported the sign they propose will be modest and attractive, earth tone colors, with a 1 by 8 foot panel for each tenant sign. He reported that the left turn from Ball has helped a great deal and a pole sign will eliminate the need for paper signs Mr Bill Murray, representing the sign contractor discussed the original sign approval and stated there was no intent at that time for a pole sign He stated their signs will contain 8 inch high capital letters and the copy on each sign may be reduced to be more legible He stated the panel size can be changed The Planning Director indicated a monument sign was suggested but the property manager stated the tenants requested the reader sign in- stead Mr Murray reported the facia signs were about 2 1/2 feet longer than normal The Planning Director stated the pole sign is proposed to be located at the driveway opposite the median break Commissioner Mullen suggested that the individual directory signs be correlated with the style and color of lettering on the facia signs subject to staff approval Mr Murray stated the background will be standard and they will match the letter style Mr Nielsen asked that the applicant work with staff on the signs and he stated the background will be ivory and the color of lettering will match the facia signs. Chairman Van Allen asked if anyone wished to speak on this item No one wished to speak It was moved by Commissioner Mullen, seconded by Commissioner Adler and unanimously carried to approve the freestanding sign subject to the following conditions. 1 Building and electrical permits for the proposed sign shall be issued after compliance with all conditions of approval required by Conditional Use Permit 474-15, and all Zoning Ordinance violations are abated 2 The location and design of the sign shall be as indicated on the plans submitted with this request and as reviewed and approved by the Planning Commission 3 The applicant shall obtain necessary signing and electrical permits in accordance with the City Code 4 The coloration and letter style of the freestanding sign shall be compatible with the signs for the corresponding stores subject to review and approval by the Planning Department Chairman Van Allen opened the following public hearings and con- tinued them until after Item #4• PUBLIC HEARING RE. ZONE CHANGE NO 78-1 - WALKER STREET AREA PUBLIC HEARING RE• ZONE CHANGE NO 78-2 - NEW HORIZONS BUILDING CORPORATION 2 Tentative Parcel Map No 78-1 Northeasterly Corner of Valley View Street and Katella Avenue. The Planning Director presented Staff Report #78-5 dated January 26 and transmitted the tentative parcel map which proposes the division of about 50 acres of industrially zoned land located at the northeasterly corner of Valley View and Katella into 20 parcels -2- Planning Commission Minutes February 2 1978 Lot sizes will range from a minimum of .8 acres to a maximum of 10 acres and the largest lot is proposed at the street intersection The Planning Director also transmitted a modified set of conditions and described the modifications to Conditions #1, 5 and 8 Commissioner Mullen asked why utilities were not proposed to be undergrounded on Katella The staff responded that the City has committed its funds for undergrounding utilities for the next three years for Lincoln Avenue The Planning Director reported that when funds are again accumulated, Katella Avenue will be staff's recommenaed priority area He stated the City is retaining an easement for the future undergrounding of utilities on prop- erties along Katella and the on-site lines on the subject property will be underground Staff estimated the cost for undergrounding at $50 to $60 per foot Chairman Van Allen suggested that the Commission indicate to the City council that they expect the Council to act on this matter, since the developer cannot be required and the City cannot commit to undergrounding, and that the Commis- sion prefers to see the lines underground and their approval of the map is not support for overhead lines Commissioner Adler asked why Parcels #20 and 9 were split by a street The Planning Director indicated this was to provide flexibility with the development pattern and it also provides a secondary access to Parcel #20 He stated that when a development pattern is proposed, the street can be reduced or combined with Parcels #10 - 12 Chairman Van Allen asked if the applicant wished to speak. Mr Peter Van Riper, representing Somas and Associates, the con- sulting engineers, stated Lot #9 may be the site of an office complex which could support the remainder of the industrial park and commercial use on Lot #20 He stated the parcels vary in size to provide a good mix for industrial users He stated they plan possible rail service and the property owner desires a high quality project and will lease and operate the park He indi- cated they wish to coincide their development with the Lusk project He stated they reviewed the staff report and modified conditions and are in agreement. Chairman Van Allen asked if anyone wished to speak on this matter No one wished to speak The City Attorney recommended an addition to Condition #4 to state that any additional costs should be included in the bond required for off-site improvements Mr Van Riper agreed with the change It was moved by Commissioner Mullen, seconded by Commissioner Adler and unanimously carried to approve Tentative Parcel Map 478-1 subject to the following conditions, and to transmit the Commission's comments to the City Council regarding undergrounding of utilities 1 Developer shall conform to all applicable provisions of the City Code All requirements of the State Subdivision Ordinance shall be satisfied Final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution No 1713. Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No 1713 Advance street light energy charges shall be paid Drainage fees shall be paid in accordance with the Master Plan of Drainage The developer shall post a cash bond for the cost of constructing one-half of the Valley View Street median from the F A U Project termination to the railroad crossing, and a cash bond for the cost of landscaping and irrigating one-half of the Katella Avenue median adjacent to the property or install landscaping and irrigation for an equivalent portion of the full median. -3- Planning Commission Minutes February 2 1978 2 Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval. 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 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") 3 Street lights street name signs, and traffic signs shall be installed per City standards Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards On Katella Avenue, street lights and fire hydrants shall be installed behind the sidewalk All secondary and primary utility services shall be underground A master plan of sewers shall be submitted for approval by the City Engineer, with plan check and inspection by the City's Engineering Division If the developer elects to use the Katella Avenue sewer, he shall conduct a capacity study, subject to the approval of the City Engineer, and he shall pay an assessment based on the gross acreage of proposed development tributary to the sewer 4 The developer shall submit a traffic study for his proposed development to the satisfaction of the City Engineer in- cluding a circulation plan devised to provide off-street pedestrian access to bus stops The developer shall be responsible for a proportionate share of the costs of any traffic control device deemed to be necessary as a result of development of the subject property A cash bond may be posted to cover the costs of any such device 5. In lieu of widening and constructing improvements at the Valley View Street railroad crossing, the developer shall widen Valley View Street and construct paving improvements only, according to alignment and width specified by the City Engineer, between the railroad crossing and Cerritos Avenue east of centerline The City shall fund widening and construction of improvements at the aforementioned crossing, as determined by the State Public Utilities Commission 6 Katella Avenue, Valley View Street, and all interior streets shall be dedicated and fully improved with curb, gutter, sidewalk, driveway, paving, etc , in accordance with the Master Plan of Streets and Highways A six and a half foot wide sidewalk shall be constructed along the curb face of Katella Avenue A six -foot -wide combined sidewalk and bikeway shall be constructed along Valley View Street, meandering and maintaining at least two and a half feet clear distance between the curb face and the edge of the walk/bikeway Interior streets shall be a minimum 45 feet wide with a five foot public utility easement on each side A five foot public utility ease- ment shall also be granted along Katella Avenue Corner cutoffs on Katella Avenue and on Valley View Street shall be dedicated to the City of Cypress for roadway purposes Curb returns shall be. 35 feet minimum at the intersection of proposed Street "B" and Katella Avenue, and at the intersection of proposed Street "A" and Valley View Street• 25 feet minimum at interior street intersections The developer shall construct a median opening, subject to the approval of the City Engineer, on Katella Avenue at proposed Street B -4- Planning Commission Minutes February 2 1978 7 The developer shall enter into an agreement with the City to construct and maintain landscaping and an irrigation system within the Valley View Street 14 foot parkway (along the meandering combined sidewalk and bikeway) and within the eight -foot -wide planter area between sidewalk and property line along Katella Avenue. Construction may be postponed to coincide with on-site landscaping con- struction for building along Valley View Street and Katella Avenue 8 The minimum flowline grade in streets shall be 0 20% Interior street structural sections shall be based on the recommendation and soils report prepared by an engineering firm acceptable to the City Engineer, with street structural sections to be determined by using an applicable T I (Traffic Index) Street structural sections for Katella Avenue and Valley View Street will be furnished to the developer's engineer by the City Engineer based on soils tests by the County of Orange Materials Lab All existing public improve- ments at the development site which are damaged cracked or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer 9 The quantity location width and the type of driveway shall be subject to the approval of the City Engineer An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with street No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be maintained within the development at all driveway inter- sections to the satisfaction of the City Engineer. 10 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. 11 These conditions shall apply to all parcels created, altered, or otherwise affected by this parcel map At the time buildings are to be constructed the following addi- tional conditions shall be satisfied prior to issuance of a Building Permit 12 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3, Resolution No 303 13 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 lab- oratory shall be furnished to the Public Works Department for approval at least thirty days prior to planting date A bond shall be posted by the applicant to guarantee maintenance of the irrigation system so that it operates in a manner for which it was designed, 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 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 -5- Planning Commission Minutes February 2 1978 14 Finish grading plans shall be submitted for approval by the City Engineer All on-site drainage shall be conveyed to the street by means of an undersidewalk drain, per City of Cypress standards ORAL COMMUNICATIONS. Chairman Van Allen asked if anyone wished to speak in regard to any matter which was not on the agenda There was no one who wished to speak Chairman Van Allen announced that Items #3, 5 and 6 will be con- tinued until after the public hearings PUBLIC HEARING RE. ZONE CHANGE NO 78-1 - WALKER STREET AREA: Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposed amenament to the Zoning Ordinance to provide for a change in zoning classification for the area generally located easterly of Walker Street, southerly of Lincoln Avenue and generally identified as the Walker Street Area from its current zone classification of RM -20/A Residential Multi- ple Family to an RS -6000 (DI) Residential Single -Family (Density Incentive) Zone He opened the hearing and asked for the staff report The Planning Director presented Statf Report #78-4 dated January 26 which described the proposal to rezone the Walker Street area The density incentive overlay zone would allow, through the combining of lots, multiple -family residential development on minimum lot sizes of 13,000 square feet at a maximum density of 11 dwelling units per acre Staff transmitted a modification to Section 12 to be added to the Zoning Ordinance which provides for the DI Zone and outlines permitted uses and development and performance standards. Staff responded to questions from the Commission regarding provi- sions and application of the DI zoning The Planning Director felt parcels of 13 000 square feet or more which would not be combined, such as several located on the south side of Karen Avenue, would not be discriminated against by the zoning since a conditional use permit and variance can be applied for in order to construct additional units on those existing parcels having in excess of the minimum required area The Planning Director stated that staff is not recommending application of the DI zoning to other areas of the City however such a zone change can be requested for other areas Commissioner Adler indicated he was concerned about the public and semi-public permitted uses in the DI zone as applied to the Walker Street area. The Planning Director stated the inclusion of public and semi-public uses in the DI zone is unnecessary since these uses are already permitted in the underlying RS -6000 zone but they were included far clarification and to make the ordinance as complete as possible Commissioner Mullen felt there were redundancies in Section 12 7 3 A (1-5) Staff suggested the elimination of #3 and 4 and changing #2 to read• dwelling groups on a site of not less than two acres. Chairman Van Allen asked if anyone wished to speak in favor No one wished to speak in favor He asked for those in opposition Mr Jack Fiskin, 2038 Tweed, Placentia, property owner at 5541 Nelson Street, stated he did not understand the purpose of the DI zone and felt the only difference from multiple -family zoning would be it requires a conditional use permit and building fees He stated he prefers all single-family residential zoning He stated most of the property owners are counting on income from multiple -family development He stated he cannot afford to build a single-family dwelling and there is not much chance for most property owners to buy an adjoining lot He stated the traffic density will be higher with R-1 zoning -6- Planning Commission Minutes February 2, 1978 The Planning Director reported on Planning Commission and Council actions in determining zoning for the Walker area Mrs Woolridge, 5561 Camp Street, reported that the new homes, dead-end street and Straight Talk Clinic create a lot of traffic and she felt the problem would become worse if multiple dwelling units are constructed on a lot. Mr James Carr, 5562 Bishop Street, stated he did not recall the DI zoning being discussed at the public hearings The Planning Director reported on the discussion at the Council's hearing Mr. Carr stated he disagreed with the DI zone and that he sup- ported RS -6000 zoning with no overlay zone He stated it was his understanding the zoning was to be changed from multiple - residential to single-family residential The City Attorney recommended adding to the end of Section 12 7 4 A. "and shall apply to development of dwelling groups and multiple dwellings" The Planning Director recommenaed changing Section 12 7 5 C to read "All performance standards not in conflict with those stated herein as required by the underlying zone with which the DI overlay zone is combined". Commissioner Mullen felt the minimum 1300 square feet was too high for a rental unit and that there would not be a market for such an apartment size because building costs would make construc- tion uneconomical He felt this could lead to problems such as having several families occupy one unit The Planning Director indicated this was an attempt to discourage the traditional type of apartment development which was one of the concerns leading to the Walker Street study and rezoning proposal. He stated the Com- mission can recommend a different minimum dwelling unit size Commissioner Mullen recommended that for a group of multiple -family dwellings one of the units meet the minimum 1300 square foot re- quirement and the remaining units meet the minimum area require- ments for the multiple -residential zone He felt this would maximize the likelihood of an owner/occupant in the main dwelling with rental units on the same property Commissioner Adler stated he favored the 1300 square foot minimum and felt it would result in other than traditional apartment devel- opment which he favored for cul-de-sac streets since it would not generate as much traffic as R-1. He again questioned the public and semi-public permitted uses The Planning Director stated the uses were included in Section 12 to eliminate the need to check other sections of the Zoning Ordinance for all uses permitted in an overlay or dual zoned parcel of land Chairman Van Allen suggested that, since the Council wished to maintain a single-family, low density character for the area, the zoning designation should be RM 11/A instead of the DI zone. RECESS: Chairman Van Allen called a recess at 9 00 p m The meeting was called back to order at 9 15 with Commissioner Friedmann absent Commissioner Partin stated he favored the DI zone but was concerned over the 1300 foot minimum size and telt this size unit would be uneconomical to build and could discourage further development He stated ne preferred maintaining the RM/20A dwelling unit sizes without the minimum 1300 foot requirement Commissioner Mullen agreed ana stated the zoning was providing an incentive for redev- elopment and then removing it by requiring a dwelling unit size that would be unmarketable He stated he agreed with the dwelling size standards for the RM zone Chairman Van Allen indicated he was concerned about the inconsistencies of the Council's intent since they objected to RM 20/A and RM 10/A and they wanted to retain the single-family character of the area yet they provided for exceptions that would permit multiple -residential and, further, the 1300 square feet eliminates apartments He felt if the Council's intent is to restrict the area to RS -6000 with no overlay zone or provision for multiple -family then they should state so -7- Planning Commission Minutes February 2 1978 Commissioner Partin stated he was at the Council's hearing and he felt it was not their intent to restrict the area to single- or multiple -family residential He felt the DI zoning was a good compromise for property owners in the area and that the develop- ment and performance standards offered protection against wall to wall units. Commissioners Adler and Mullen both felt bachelor size units should not be permitted Commissioner Mullen felt if an incen- tive is to be provided then the unit sizes should be those permitted in the RM zone with the provision that in a grouping of units, the owner/occupant unit should be larger Chairman Van Allen felt that designating it as a single-family zone but providing for multiple -family is misleading and he felt the zone should be designated as RM 11/A so that persons are aware of the potential for multiple -family development. Mr. Fiskin stated the new single-family homes on Nelson were built under R-3 zoning and he did not sympathize with those residents who objected to higher density It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve the amendment to the text of the Zoning Ordinance subject to the changes recommended by staff to. Section 12 7 3 A, 12 7 4 A, and 12.7 5 C with the provisions that Section 12.7.4 A #11 regarding the minimum dwelling unit size be changed from 1300 to 800 square feet, and that dwelling unit sizes for multiple - family units be based on current RM zone requirements with the exception that bachelor units not be permitted The motion carried by the following roll call vote* AYES. NOES: ABSENT: 3 COMMISSIONERS. 1 COMMISSIONERS: 1 COMMISSIONERS: Adler, Mullen & Partin Van Allen Friedmann It was moved by Commissioner Mullen and seconded by Commissioner Partin to apply the RS -6000 DI Zone classification to the Walker Street area The motion carried by the following roll call vote' AYES NOES ABSENT: 3 COMMISSIONERS 1 COMMISSIONERS. 1 COMMISSIONERS• Adler, Mullen & Partin Van Allen Friedmann Chairman Van Allen closed the hearing PUBLIC HEARING RE: ZONE CHANGE NO. 78-2 - NEW HORIZONS BUILDING CORPORATION* Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to rezone a .69 -acre parcel of land located at the southwesterly corner of Orange Avenue and Walker Street from its current classi- fication of OP -10,000 (CC) Office Professional (Civic Center Overlay) to CG -10,000 (CC) Commercial General (Civic Center Over- lay) He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-3 dated January 25 describing the zone change application Staff recommended approval of the zone change and that the Civic Center Overlay zone be retained Chairman Van Allen asked for the applicant. Mr. Dan Brose, the applicant, reported they propose to construct three buildings and two of the buildings are leased to an escrow company and real estate shop and the third may be a gourmet deli- catessen or bicycle dealership He stated about 75% of the project will be office professional use. Chairman Van Allen asked if anyone wished to speak in favor No one wished to speak in favor. He asked for those in opposition -8- Planning Commission Minutes February 2 1978 Mr Alfonse Troncone, 5427 Oxford Drive, stated he represented four other property owners on Oxtord adjacent to the subject property who oppose the zone change and feel the long-range planning for the corner is office -professional and not commercial They felt commercial will detract from the identity of the Civic Center Mr Brose stated they felt three 2,000 foot buildings were archi- tecturally more desirable than a bulky, two-story 6,000 square foot building. He indicated the buildings will surround a patio Commissioner Mullen stated he must consider Mr Troncone's state- ments as his own and that it is the responsibility of the other property owners to be present or transmit their feelings in a letter to the Commission He felt the location on the corner made the property different from those to the west and he stated he supported the proposal and felt the overlay zone provides adequate protection to ensure compatible development The Planning Director stated all the property between Grindlay and Walker with the exception of the subject property, is com- mitted to OP use He noted that the escrow and real estate uses are permitted in the Office -Professional Zone It was moved by Commissioner Mullen and seconded by Commissioner Adler to approve Zone Change #78-2 witn the provision that the Civic Center Overlay Zone be maintained for the property Commissioner Partin asked why a zone change was necessary for the entire property since 2/3 of the tenants proposed are already permitted uses in the OP Zone. Mr. Brose stated they prefer a more versatile zoning and he felt their type of architecture would not lend itself to a total OP concept He felt a change of tenants in the future would be easier to accommodate with commercial zoning. Chairman Van Allen stated he was concerned about the possible uses which could be developed on the property under CG zoning, even with a conditional use permit, in relation to the adjacent uses The motion carried by the following roll call vote: AYES: NOES ABSENT. 3 COMMISSIONERS• 1 COMMISSIONERS. 1 COMMISSIONERS: Adler, Mullen & Partin Van Allen Friedmann Chairman Van Alien closed the public hearing ADMINISTKATIVE MATTERS: (Continued) Hearing no objections, Chairman Van Allen continued Item ##3, Suggested Conditions for Trailer Repair at 4572 Lincoln Avenue, to the next meeting because of the applicant's absence. 3. Landscape Plan Review, Racquetball Club, 6269 Ball Road The Planning Director presented the landscaping plans and a report dated January 25 which described the landscape treatment. He reported building permits were issued for the project It was moved by Commissioner Mullen, secondea by Commissioner Adler and unanimously carried to approve the landscape plans subject to the condition that an automatic irrigation system be provided with design specifications subject to staff approval -9- Planning Commission Minutes February 2, 1978 4 Zoning Determination Re. Health Club/Massage Parlor The Planning Director presented a report dated February 2 indicating the staff received a request to locate a massage parlor and possibly a health club in the City Staff requested a determination by the Commission on whether these uses are to be permitted within any zone. The Planning Director stated the City Code contains a regulatory section pertaining to massage parlors which requires a Police Department investigation and that operators be certi- fied and accredited He reported he had no background on the requests The staff recommended that health clubs including figure salons and massage parlors be permitted in the CG 10,000 and CH -10,000 zones subject to a conditional use permit Chairman Van Allen recommended that the two requests be separated It was moved by Commissioner Mullen that health clubs and figure salons be permitted uses The motion was not seconded Commis- sioner Mullen then moved that figure salons and health clubs be authorized uses subject to a conditional use permit and that the determination regarding massage parlors be referred to the City Council for action The motion was not seconded The City Attorney stated it is the Commission's responsibility to act on proposed revisions to the Zoning Ordinance and the City Council will have an opportunity later Commissioner Mullen suggested that the matter be referred to staff and that staff provide a definition of health club, figure salon and massage parlor to ensure that there will be sufficient pro- tection so the uses are not detrimental to the public health, safety and welfare. Hearing no objections, Chairman Van Allen requested that staff return at the next meeting with the information requested The Planning Director asked for a clarification of the Commission's action regarding Item 4#1 It was moved by Chairman Van Allen, seconded by Commissioner Mullen and unanimously carried to receive and file Item #1 The Planning Director reported staff received a letter of appeal of the Commission's approval of the restaurant in the Lincoln Plaza Shopping Center and a hearing will be scheduled before the City Council for February 27 Commissioner Mullen asked if the Moody/Ball shopping center will be observed by staff for possible future violations The Planning Director stated any future violations will be referred to the City Attorney's office ADJOURNMENT: Chairman Van Allen adjourned the meeting at 10.37 p m AIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANNINI COMMISSION -10-