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Minutes 1978-02-16MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD February 16 1978 The regular meeting of the Cypress Planning Commission was called to order at 6 30 p m on Thursday, February 16, 1978 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 Assistant Planner Don Lamm, Public Works Director Art Schatzeder, Zoning Inspector Sandy Spain, and Deputy City Attorney Rob Bower PLEDGE OF ALLEGIANCE• Commissioner Friedmann led the pledge to the flag MINUTES: It was moved by Commissioner Mullen, seconded by Commissioner Partin and carried, with Commissioner Friedmann abstaining, to approve the February 2 minutes. Chairman Van Allen stated Administrative Matter #2, Review of Home Occupation Permit Report, would be presented at the next meeting and he continued the item to the March 2 meeting The Assistant Planner reported that Mr Bob Gilbert submitted plans for a proposed wall sign at 4572 Lincoln Avenue and requested the Commission's consideration Chairman Van Allen requested the staff to place the item on the next agenda The Zoning Inspector reported staff is working on the definitions for massage parlors, figure salons and health clubs and these will be presented along with the other Zoning Ordinance revisions ADMINISTRATIVE MATTERS. 1 Suggested Conditions for Trailer Repair at 4572 Lincoln Avenue (continued). The Assistant Planner presented a memorandum dated January 27 outlining four conditions applicable to the trailer repair and fabrication operation which staff recommended to be added to the conditional use permit Mr. Bob Gilbert 4692 Sharon La Palma reported the interior walls in the welding area are one hour fire walls and there is one wall between the trailer repair and auto repair areas which is a two hour fire wall Mr Gilbert stated the signing plans are simple and he requested the Commission's review It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to add the following conditions to Conditional Use Permit #77-23 to apply to the trailer repair, fabrication and part sales: 1 The parking, storage or repair of any trailer is prohibited outside of the enclosed yard area Planning Commission Minutes February 16, 1978 2 This use is considered an E-1 occupancy which requires all interior walls to be made of one-hour fire resistant construction 3 An inspection of the premises shall be made by the Orange County Fire Marshal's office to determine placement of required fire extinguishers and compliance with Article 31 of the 1973 Uniform Fire Code regarding welding and acetylene 4 The business operator, original Conditional Use Permit applicant, and property owner shall consent to the added conditions of approval and execute an agreement to that effect. Chairman Van Allen stated the Commission will consider the sign plans following the other agenda items 2 Review of Home Occupation Permit #77-84, Wilfred and Charleen Wiersma/Wiersma Cattle Company. The Zoning Inspector presented a memorandum dated February 10 describing staff's investigation of a home occupation permit issued for a cattle company office at 4252 Crescent Avenue The staff reported that, following complaints which were made regarding large amounts of hay stored on the property and staff's investiga- tion, the Wiersmas submitted a request to modify the home occupation permit to include hay sales Staff requested a determination on whether hay sales should be permitted on the property The Zoning Inspector reported that the RS -15,000 zone was not in existence at the time criteria was developed for home occupation permits. She reported the Wiersmas have a State resale permit for the cattle company which allows for the collection of sales tax Mrs Charleen Wiersma stated the staff's report is correct She stated the reason they obtained the resale permit was because persons wanted to buy hay She stated most of the purchasers are neighbors She presented photographs of her property showing the height of stacked hay, a map showing the location of neighbors who supported or objected to hay sales, and a diagram showing the drive- way access on the property She read and presented to the Commis- sion four letters from neighbors who supported the hay sales activity Mrs Wiersma reported they sell about a stack of hay a week, that hay is usually not stacked higher than the house, and they are willing to comply with a height limit She reported the stacked hay is about 35 feet away from the house She stated they would like to be able to store a truck and trailer load of hay at one time She reported the average number of vehicles coming to the property daily is 4 or 5 She reported deliveries of hay are made on Crescent Avenue except on occasions when the driver passes the driveway and must enter on Acacia Drive Chairman Van Allen asked if anyone wished to speak in support of the modification to the home occupation permit to allow hay sales. Ms Karen Collins, 8541 Acacia, property owner directly to the south, reported she has experienced no problems with the hay sales She stated most of the residents in the area own horses, this is an agricultural area which is accommodated by the RS -15,000 zoning Mr Harold Daniels, 8542 Acacia, reported he has noticed no increase in noise or traffic and there appears to be no impact on the neighborhood Ms Sandy Ludington, Acacia Drive, stated the hay sales is con- venient to the residents and presents no trouble -2- Planning Commission Minutes February 16 1978 Mr Bill Sinclair, 8602 Acacia, stated he is taking a neutral position since he does not own horses He reported there are many zoning violations on the street Mrs. Mary Van den Raadt, 8644 Acacia, reported she and horse owners who board at their stables purchase hay from the Wiersmas and it is transported in small amounts which does not affect the street surface She stated if the residents must purchase hay elsewhere there is the possibility of large trucks coming down Acacia and street damage Mr Gene Vaughn, 8582 Acacia, reported he is a customer of the Wiersmas and that they conduct their business in a proper manner Mr Tom Driscoll, 4251 Opal, reported that previously there was a dirty chicken ranch on the property and the Wiersmas have cleaned it up and improved the environment Chairman Van Allen asked if anyone wished to speak in opposition Mr Gary Mordock, 1235 Harbor Fullerton, representing Mr Everett Weerheim at 8551 Acacia, stated they objected to the hay sales activity since it cannot meet several criteria (#1, 2, 5, 6, 12, 16) established for home occupation permits He stated other criteria would be impossible to comply with and he felt the City should maintain consistency in application of the criteria He stated there are more suitable areas where hay may be stored than a resi- dential area and he felt the neighborhood should not be burdened by the Wiersmas' security problem He questioned the demand for hay outside of the neighborhood Mr M Ludington, 8472 Gay Street, spoke in support of the hay sales. He stated it will not change the structure of the street, it is a convenience for neighbors, and that elimination of the sales would not help Mr Weerheim Chairman Van Allen opened the public hearing regarding Zone Change No 78-2 and continued it until after this item Commissioner Mullen asked how the activity caused interference for Mr Weerheim Mr Everett Weerheim, 8551 Acacia, reported his sleep is sometimes disrupted by trucks coming in at night and by barking dogs He indicated he objected to the retail sales since because of the rezoning he was required to quit his chicken business and suffered a financial loss and he has no income from his property He felt the City should live up to the RS -15 000 zoning Mrs Wiersma reported truck deliveries at night occurred a few years ago and the driver parked overnight on the property and they do not occur now. Mr. Wiersma stated the activity generates about 5 or 6 cars daily the Lakewood condominiums generate more traffic and their security problem at the other location relates to theft Ms Collins stated during the past six months hay is usually delivered around 1.30 or 2.00 p m Mr Weerheim stated truck deliveries at night occurred during the first year of their operation and at present he is disturbed by the barking of the guard dogs Commissioner Mullen stated it was obvious the home occupation permit criteria is a problem He stated the RS -15,000 zone was devised to maintain the agricultural and rural characteristics of the neighborhood and is a compatible zone for this type of business He felt a conditional use permit was necessary for the use and he suggested that the Commission initiate one. Chairman -3- Planning Commission Minutes February 16, 1978 Van Allen stated the use is beyond the scope of home occupations and he favored a conditional use permit to provide stricter control and ensure against future violations He felt the use permit should be considered as it applies to the entire city The Deputy City Attorney stated that application of a use permit may require an amendment to the Zoning Ordinance section since in the RS -15,000 zone the retail sale of products raised on the premises is permitted with a use permit and the section does not address products not raised on the premises Commissioner Mullen suggested that the matter be handled as an interpretation of the Zoning Ordinance and then provided for in an update of the ordinance He suggested that the Commission initiate the Zoning Ordinance amendment and conditional use permit application concurrently He felt the Commission should initiate the use permit because of the neighborhood interest in the matter and because it relates to the intent of the zoning Commissioner Mullen moved that the Commission initiate an amend- ment to the Zoning Ordinance Section 9 1 B (1) to add. "the retail sale of hay shall be a permitted use subject to a conditional use permit" and initiate an application for a conditional use permit for the storage and retail sale of hay on the subject property The motion was not seconded Chairman Van Allen objected to the Commission initiating the use permit since there may be other requests from property owners in the RS -15,000 zone for similar uses and the waiver of fees would be unfair He suggested that the motion be separated and that the change to the Zoning Ordinance read• "the retail sale of products incidental to agricultural and horticultural uses of the zone Commissioner Mullen agreed with the change and to separate the motion It was moved by Commissioner Mullen and seconded by Chairman Van Allen to initiate an amendment to Section 9 1 B (1) of the Zoning Ordinance to add. "the retail sale of products incidental to agri- cultural and horticultural uses uses of the zone". Commissioner Friedmann stated she preferred to deal with the home occupation permit first since she felt the Commission was proposing changes to accommodate an activity which does not fit under home occupations Chairman Van Allen indicated he was not in favor of denying the home occupation permit and making the operation illegal Commissioner Mullen suggested that the home occupation matter be continued since he felt there was the possibility of an injustice because of the fact that all possibilities were not included in the RS -15,000 zone The motion carried with four ayes and Commissioner Friedmann voting no Hearing no objections, Chairman Van Allen continued the matter regarding Home Occupation Permit #77-84 to the March 16 meeting and asked that staff schedule a public hearing for March 16 to consider the amendment to the Zoning Ordinance. He requested that the staff prepare the language for the revision for the Commission to consider at the March 2 meeting RECESS Chairman Van Allen called a recess at 8:30 p.m. The meeting was called back to order at 8 40 p m with all Commissioners present -4- Planning Commission Minutes February 16, 1978 PUBLIC HEARING RE: ZONE CHANGE NO 78-3. Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to rezone a 3 7 acre parcel of land located at the northwest corner of Ball Road and Juanita Street from its current classification of CG -10,000 to a dual classification pro- viding for the establishment of an RM -20/A Residential Multiple Family and CG -10,000 Commercial General Zone He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-6 dated February 9 describing the proposed zone change The report indicated the City Council approved General Plan Amendment #77-5 on January 23 which would allow multiple -residential zoning in conjunction with existing commercial zoning on the subject property Staff recom- mended approval of the zone change to bring the zoning into con- formance with the amendment to the Land Use Element of the General Plan Chairman Van Allen asked if the applicant wished to speak Mr Doug Powery, representing MEB Investments, 3723 Birch, Newport Beach, asked if there were any questions He reported they propose to construct the restaurant and commercial shops in the front portion of the property with the condominiums at the rear, and they are filing for a conditional use permit. Chairman Van Allen asked if anyone wished to speak in support or in opposition to the zone change No one wished to speak in favor or opposition It was moved by Commissioner Mullen and seconded by Commissioner Adler to approve Zone Change #78-3 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. 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 ADMINISTRATIVE MATTERS: (Continued) 3 Review of Conditional Use Permit No 77-9 - Cypress Family Billiards and Supply, 6287 Ball Road The Assistant Planner presented a memorandum dated February 9 which indicated staff received a request from the owner of Park Plaza Shopping Center, Mr Ronald Kaufman, and six tenants for the Commission to review the conditional use permit because of nuisance problems related to the billiard parlor Staff also transmitted a memorandum from the Police Department dated February 14 which reported that since December 12, 1977 the Police Department has responded to 8 calls for service at the billiard hall, 6 of which involved juvenile disturbances, that on one occasion the owner of Alphabet Printing was threatened by a billiard hall patron, that a 16 year old youth was arrested on February 13, 1978 in front of the billiard hall for possession of alcohol, and that the parking lot is a gathering place for juvenile drinking The Assistant Planner noted that any modifications to the use permit must be considered during a public hearing -5- Planning Commission Minutes February 16, 1978 Commissioner Partin stated that at the time of original approval the Commission imposed a specific requirement that beer be dispensed in such a way that it cannot be taken out of the building The Assistant Planner stated Condition 410 requires that beer be sold by bottle only and that no draft beer be sold and the intent was not to have a bar in the establishment Mr Ronald Kaufman, 18152 Lincoln, Villa Park, owner of Park Plaza Shopping Center, stated the operation of the billiard parlor is not the problem since it is operated properly and there is proper super- vision inside He reported the problem is occurring because of the certain type of persons which the billiard hall attracts and the shopping center has become a hangout for teens and a loitering area for persons not necessarily using the billiard hall He reported persons are creating a nuisance in the parking lot and alley behind the center and they have harassed the tenants He stated several tenants indicated they would break their leases because they cannot do business under these conditions Mr Kaufman felt alcohol sold in the billiard hall is being consumed there and that persons are buying beer at the dairy and drinking it in their parking lot He reported they have a speeding problem in their parking lot and in the alley and have experienced vandalism to the building at a cost of about $2,000 He reported that the Police Department has responded but on several occasions indicated they are too busy to handle this type of problem Mr Kaufman stated one of his suggestions is that the Commission request the billiard hall to hire security officers to ensure the safety of tenants and patrons of the center. He stated this was discussed with the billiard hall owners and they have not rejected the suggestion He reported Chief Duke has offered to provide better enforcement. He stated if the safety of patrons and tenants cannot be ensured then he would request revocation of the permit Mr Kaufman stated the billiard hall owners are working on a method to control the outdoors and inside to prevent loitering. Mr Jim Seippel, 4063 Via Encinas, Cypress, owner of Alphabet Printing, stated the tenants are not requesting revocation of the billiard hall's permit, only assistance. He reported it appears beer is purchased at the dairy because six-pack containers are found in the parking lot He stated the kids who congregate in the lot are not necessarily patrons of the pool hall He reported there are minors around at night, that he has been threatened, and he felt a loitering ordinance is needed Mr Dick Gormley, 6283 Trinidad, Cypress, owner of RB Realty, reported women in his office will not come in at night because of the condition of the parking lot He reported there has been writing on windows, signs have been stolen and pillars have been run into with cars and he stated it is unsafe at night. Mr Richard Warfield owner of Cypress Family Billiards stated the conditions have been described accurately He reported they have tried their best to comply with conditions of the use permit He reported in dealing with the police the problem has been reduced 75%. He reported they posted no loitering signs but this is un- enforceable since there is no loitering ordinance He stated the problem is loitering and not curfew violations since many of the kids are over 18 years old Mr Warfield reported the billiard hall is just one stop along a route which includes Cypress Skateway, Jack-in-the-Box and Cypress Twin Cinema He felt a loitering ord- inance would solve the problem He reported they have also posted no parking signs on the property since most of the offenders come by car The Commissioners generally agreed that the matter should be re- ferred to the City Council for consideration of a loitering ordinance. -6- 1 Planning Commission Minutes February 16, 1978 Mr Gormley stated he was one of the first tenants and the problem did not occur until the billiard parlor opened Mr Kaufman reported he owns other properties and he cannot afford to spend so much time on this problem He requested, in the absence of Council or Police action a review of the conditional use permit It was moved by Commissioner Mullen and seconded by Commissioner Partin to refer the matter to the City Council Commissioner Mullen suggested that Mr Kaufman pursue with the tenants an amendment to their leases to provide that responsibility for surveillance of the parking lot be shared and that each tenant be responsible for the parking lot area in front of his business Mr. Steve Sogsty, 5722 Richmond, Garden Grove, reported he plans to open a sandwich shop in the center with the on-site sale of alcohol and he asked if there would be problems in getting the necessary permits Staff responded that an alcoholic beverage license would be necessary as well as conditional use permit for the sale of alcohol Chairman Van Alien indicated the application would have to be con- sidered on its own merits Commissioner Mullen stated the intent of his motion is to request the Council's consideration of the matter relating to control of the conduct of persons in the parking lot since the matter is outside the authority of the Commission's responsibility and because there has been no request for revisions of the conditional use permit conditions The motion unanimously carried Commissioners Van Allen and Partin stated they would prefer a stronger motion Commissioner Partin felt it was the City's res- ponsibility to patrol the public parking lot and he favored a loitering ordinance. He felt it was the City's and not only the businessman's problem ADJOURNMENT: There being no further business, Chairman Van Allen adjourned the meeting at 9:55 p m. ATTEST CHAIRMAN OF THE PLANNING COMMISSION SECRETARY OF THE PLANNING COMMISSION -7-