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Minutes 1978-05-04MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD May 4, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6:40 p.m on Thursday, May 4, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chair- man Robert Van Allen presiding PRESENT• ABSENT. Commissioners Adler, Friedmann, Mullen, Partin and Van Allen None Also present were Brian Hawley Planning Director, Art Schatzeder, Public Works Director, Don Lamm, Assistant Planner, and John Murphy City Attorney PLEDGE OF ALLEGIANCE Commissioner Friedmann led the pledge to the flag PLANNING COMMISSION REORGANIZATION: Chairman Van Allen announced that legal requirements of the City call for Planning Commission reorganization at the first meeting in May He declared the offices of Chairman and Vice -Chairman vacant and turned the meeting over to the Planning Director The Planning Director advised that election will be by majority vote which will be a voice vote, and nominations do not have to be seconded He asked for nominations for Chairman Commissioner Friedmann nominated Commissioner Van Allen Commissioner Mullen nominated Commissioner Partin Commissioner Van Allen was elected Chairman by a majority vote The Planning Director turned the meeting back to Chairman Van Allen Chairman Van Allen asked for nominations for Vice Chairman Commissioner Mullen nominated Commissioner Partin Chairman Van Allen nominated Commissioner Friedmann There being no further nominations, Chairman Van Allen closed nominations Commissioner Friedmann was elected Vice Chairman by a majority vote Hearing no objections, Chairman Van Allen added Item #5 under Admin- istrative Matters regarding a report on the Citizens' Committee on Proposition 13 MINUTES It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve the minutes of April 20 ADMINISTRATIVE MATTERS 1. Consideration of Possible Amendments to the County Land Use Element. The Planning Director presented a report dated April 28 which described three proposals under consideration by the County for amendments to the County General Plan involving unincorporated islands in the north part of Cypress The Planning Director Planning Commission Minutes May 4 1978 identified differences in the proposals He indicated the staff supported Alternative #3 since it showed the residential area west of Moody and south of Crescent as 1 4 (high density residential) which more closely reflected the current trend of development than Alternative #2's 1 3 designation, and because Alternative #3 desig- nated Arnold Park as 5.3 (recreational) while Alternative #2 desig- nated the park as 1 3 (medium density residential) Commissioner Friedmann stated she preferred Alternative #2's desig- nation of commercial for the area west of Moody between Lincoln and Camp She felt the property was valuable enough for a com- mercial designation Chairman Van Allen asked if anyone wished to speak in regard to this matter No one wished to speak It was moved by Commissioner Friedmann, seconded by Commissioner Mullen and unanimously carried to forward the recommendation that the Commission supports Alternative #3 with the change that the 2 2 commercial designation on the west side of Moody Street extend from Lincoln Avenue to Camp Street 2 Tentative Tract Map. No. 10411 - State -Wide Development The Planning Director presented the tentative tract map which was filed in conjunction with C U P. #78-3 for the establishment of a 56 -unit condominium project located at 8875 Walker Street and a memorandum dated April 26 Staff recommended approval of the map subject to four conditions He reported the 30 foot easement to the west of the property was included in the plot plan approved by the Commission on April 6 Mr Fred Cartozian representing the applicant stated the 30 feet was incorporated in the plans. He stated they have no objections to the conditions of approval and will gladly comply It was moved by Commissioner Mullen, seconded by Commissioner Adler and unanimously carried to approve Tentative Tract Map No 10411 subject to the following conditions• 1 All applicable conditions of approval of Conditional Use Permit No. 78-3 shall apply to Tract No 10411 2 A topograph of the area to the north and west of the project site shall be made to establish existing drainage flow patterns 3 Required fire flows shall be in accordance with the County Fire Marshal's requirements 4 The "Final Subdivision Public Report" issued by the Depart- ment of Real Estate of the State of California shall include a statement informing future property owners of the indus- trial development that currently exists to the south This statement shall specifically mention that "intermittent noise may be generated by Superene Feed Milling and Cypress Lumber Company located across the Southern Pacific Rail- road tracks to the south in the ML -10,000 Industrial Light Zone" 3 Sign Review - Constitution Savings and Loan The Planning Director presented the sign plans and a report dated April 28 describing the proposed signing program for Constitution Savings and Loan located on Ball Road at the northwesterly end of the Albertsons/Mervyn's shopping center He presented slides showing the sight visibility problem with regard to the building. -2- Planning Commission Minutes May 4, 1978 The staff felt that the size of the pole sign proposed by the applicant was out of scale with the design characteristics of the building and they recommended a reduction in height from 30 to 28 feet and a reduction in area from 144 to 90 square feet The Traffic Engineer also felt that the height width and place- ment of the entrance and exit signs may interfere with sight visibility for motorists and he recommended that these signs be mounted on a concrete footing six inches above the sidewalk and reduced from 48 to 30 inches in height to improve visibility Mr Don Press, representing the applicant, agreed to reduce the pole sign height to 28 feet and the width from 8 to 6 1/2 feet as recommended by staff He stated they need as much signing as possible to attract attention to the building because of its poor visibility He suggested a compromise to reduce the sign length from 18 to 16 feet and a reduction in letter size from 18 to 16 inches He stated adjustments in the wording of the sign can be made to fit the reductions in size Mr Press agreed with staff's recommendation to lower the height of the entrance and exit signs but he felt they should remain at a 90 degree angle to Ball Road It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve the sign plans for Constitution Savings and Loan with the freestanding sign to be reduced to 28 feet in height, with the dimensions of 6 1/2 feet in width and 16 feet in height for a total sign area of 104 square feet, and that the directional signs be reduced to 36 inches in height subject to staff's recommendation Commissioner Partin expressed concern about the landscaping require- ments of the City where, in certain areas, such as at the Walker/ Ball shopping center, the low hanging and bushy trees obstruct the visibility of buildings and signing The Planning Director stated the street trees adjacent to the Walker/Ball shopping center are Carrotwood trees and the Public Works Director has recommended their discontinuance because of problems they create 4 Design Review - Commercial Center Southwest Corner of Lincoln and Denni - Delta Enterprises The Assistant Planner presented the plot plans and elevations and a report dated April 28 describing the plans for the commercial center He indicated one of the four buildings will be two-story He presented slides of the subject property He reported that the parking area will be connected with the parking area of the Lincoln Plaza Shopping Center to the west Staff recommended approval of the plans subject to 12 conditions Mr Sam Lin, architect representing the applicant stated they have contacted the owner of Lincoln Plaza and he has agreed to a connection between the parking lots He stated the walkways can be extended adjacent to Buildings A and B for the protection of pedestrians coming from the Casa Grande apartments to the south He stated they agree with all conditions of approval. Mr. Lin stated they will contact the property owners to the south regarding the provision of access between their property and the apartments Mr Lin indicated the building design was flexible and unit sizes and entrances can be provided according to the desires of the tenants Chairman Van Allen asked if anyone else wished to speak on this item No one wished to speak It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to approve Design Review for the commercial center at the southwest corner of Lincoln and Denni subject to the following conditions 1 A comprehensive signing program shall be reviewed and approved by the Commission prior to installation of any signing 3- Planning Commission Minutes May 4, 1978 2 Pedestrian access should be provided between the proposed shopping center and the Casa Grande Apartments to the south Said access should be provided adjacent to Buildings A and B 3 Additional refuse receptacles shall be provided subject to City staff approval 4 All buildings shall be constructed in accordance with the 1976 Edition of the Uniform Building Code State energy regulations for non-residential buildings will become effective July 1, 1978 5 Developer shall conform to all applicable provisions of the City Code A permit shall be obtained from the State Depart- ment of Transportation if off-site drainage facilities are required, prior to the start of any work on Lincoln Avenue Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No 1713, and the City of Cypress The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3 Resolution No 303 6 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 maximum lot depth of 100 feet shall be allowed to drain onto Lincoln Avenue If drainage is directed to Lincoln Avenue, drainage culverts shall be constructed underneath sidewalks to convey all on- site runoff water to the street 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") The minimum slope of on-site gutters shall be 0 20% 7 All secondary and primary utility services shall be underground Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 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 The corner cut-off at Lincoln and Denni shall be dedicated to the City of Cypress for roadway purposes 8 A landscape and irrigation plan shall be reviewed and approved by the Planning Commission prior to any installation of land- scaping 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 concentra- tion 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 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 specifica- tions 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 speci- fications as approved by the Planning Commission Street trees 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 -4- Planning Commission Minutes May 4, 1978 Design Element of the General Plan 9 The number, location width and 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 on Lincoln Avenue and Denni 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 intersections 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 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic All roof mounted equipment, such as heating and air conditioning units, shall be screened by the building parapet from public view on all sides subject to the approval of the City staff Commercial developments which adjoin residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff 12 Reciprocal easements between the lots occupied by the project shall be granted for ingress, egress, parking, utilities and drainage ORAL COMMUNICATIONS• The Chairman asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak Chairman Van Allen continued Item #5 until after the hearings RECESS• The Chair called a recess at 7.56 p m The meeting was called back to order at 8.08 p m with all Commissioners present Chairman Van Allen continued Public Hearing #1 to the end of the agenda PUBLIC HEARING RE. GENERAL PLAN AMENDMENT NO. 78-2 - ROBERT WHITE: Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to change the designation of a 28 -acre parcel of land located at the southeast corner of Walker Street and Newman Street from its current designation of low-density residential to retail and general commercial He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-21 dated April 28 describing the application and slides of the property He reported condominiums are located on the west side of Walker oppo- site the subject property and have access on Walker Street He stated there are no commercial uses on the west side of Walker south of Newman Street. The Planning Director stated that the Commission considered extending the commercial zoning south to Karen Street during the Walker Street Area public hearings but the property was left in its current zoning He stated the proposal can be reconsidered when the Commission considers revisions to the Land Use Element. He stated there are five parcels between Newman and Karen having residences which have a potential for commercial use Mr Robert White 9764 Cedar Court, Cypress, the applicant, asked if the Commission had any questions Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application No one wished to speak in favor or in opposition -5- Planning Commission Minutes May 4 1978 It was moved by Commissioner Friedmann and seconded by Commissioner Mullen to approve General Plan Amendment X678-2 The motion unani- mously carried by the following roll call vote AYES: 5 COMMISSIONERS. Adler, Friedmann, Mullen, Partin & Van Allen NOES• 0 COMMISSIONERS• None ABSENT. 0 COMMISSIONERS None Chairman Van Allen closed the public hearing PUBLIC HEARING RE. ZONE CHANGE NO 78-6 - CALVIN J MEEKHOF. Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to change the zone on a parcel of land located at 9731 Walker Street from its current classification of CG -10,000 Commercial General to a dual classi- fication of CG -10,000 Commercial General and RS -6000 Residential Single Family He opened the public hearing and asked for the staff report The Assistant Planner presented Staff Report #78-20 dated April 26 describing the application for rezoning the 1 4 acre parcel of property The report indicated that the City Council on Feb- ruary 27 approved General Plan Amendment 478-1 for the property If rezoning is approved the applicant proposes to retain the retail egg store and develop the westerly 240 feet of propez.ty for five single-family residences Chairman Van Allen asked if anyone wished to speak in favor or in opposition to the zone change No one wished to speak in support or in opposition It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Zone Change #78-6 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 Chairman Van Allen closed the public hearing RECESS. The Chair called a recess at 8.30 p m The meeting was called back to order at 8.36 p m with all Commissioners present CONTINUATION OF PUBLIC HEARING RE. AMENDMENT TO THE ZONING ORD- INANCE NO 78-3: Chairman Van Allen indicated the Commission will continue with a complete review of the Zoning Ordinance text to consider specific amendments to said Ordinance He opened the hearing and asked for the staff report The Planning Director reviewed all of the proposed revisions to the Zoning Ordinance which were contained in a report transmitted to the Commission He asked that the Commission make a determina- tion regarding staff's proposal that certain non -tax revenue producing commercial uses be permitted in the CG and CH Zones sub- ject to the granting of a conditional use permit He stated the purpose of this change would be to encourage revenue producing commercial uses in these zones Commissioner Mullen felt such a restriction was improper, that it involved expense and delays for filing a C U P , and he felt property owners should be able to use their property as they wish as long as the use does not conflict with the public interest or interfere with neighboring uses Commissioner Partin stated he understood the purpose but he felt the proposal would infringe on property owners' rights He stated certain uses may not produce tax revenue but do produce traffic for the shopping centers in which they are located The Commission continued this item until later -6- Planning Commission Minutes May 4 1978 The Planning Director described each of the revisions The Com- mission was in agreement with the proposed revisions to• Section 11 - Industrial Zones provides a broader range of uses permitted, including quasi -commercial uses (Section 11 1 C) Section 11 2 B - modifies development standards in accordance with Commission's approved change to reduce minimum lot size Section 11 3 I - adds requirement for fencing of outdoor storage area = Section 11 5 C - revision provides more flexibility regarding architectural design features Section 12 - Special Purpose Zones, adds F (LC Zone) and G (DI Zone) as approved by Commission and City Council Section 12 4 2 - adds provisions for fairs in PS -1A Zone With regard to Section 12 4 2 Permitted and Conditional Uses in PS -1A Zone the Planning Director reported that the Cypress School District has received a request to use the Damron School site for a church and a church school. Staff felt such a use was similar to uses permitted in Section 12 4 2 "K", that it was an appropriate quasi -public use, and inclusion in the PS Zone would not be detri- mental Staff recommended adding "R" to this section for churches and church related accessory uses and that they be subject to the granting of a conditional use permit The Commission agreed to add "R Section 12.6 - adds LC combining zone Section 12 7 - adds DI density incentive zone Section 13.1 I & J - Temporary uses, recommends provisions for parking lot and other outdoor sales Section 13 1 1 - is rewording of permits and bonds section cleans up language of current Ordinance A -J points out bond require- ments Section 13 2 - regarding home occupations, adds requirements. The Commission discussed #13 - regarding commercial delivery vehi- cles - and it was pointed out that commercial deliveries such as by UPS normally occur in residential zones. The Planning Director suggested deleting #13 and stated that if uses are proposed under home occupations which staff feels would be a significant traffic generator he will submit them for Commission review The Commission agreed to delete #13 under this section Section 13 3 C - adds exemption of rural streets from street improvements pursuant to Commission and Council approval Section 14 1 D - eliminates exception of shopping centers in old CS -N -2A Zone (regarding off-street parking) Section 14 2 A 5 - deletes general parking requirements and sub- stitutes parking requirements to be based on strict applica- tion of schedule of off-street parking Section 14 2 B - adds schedule of off-street parking requirements for warehouse and distribution industry The Planning Director corrected the language of this section Section 14 3 J - changes compact car parking requirements from 35% to 20% and changes stall width from 8' to 9' -7- Planning Commission Minutes May 4, 1978 Commissioner Adler recommended adding a requirement for provision of handicapped parking. The Commission agreed to add "K" under this section (14 3 K) to state that handicapped parking shall be provided in accordance with State requirements Commissioner Adler also recommended that language be included to indicate that the parking stall length may take into account the vehicle over- hang over a curb or planter area The Planning Director suggested including this statement under 'G , and the Commission agreed Mr James Duncan 9787 Rome Street Cypress asked if the Commis- sion proposed to adopt the provisions regarding storage of vehicles and other items in the front and side yards He stated the City is overloaded with campers, shells and trailers parked in the front and side yards and some extend to the sidewalk He favored adoption of the restriction Section 15 1 A - deletes provision for signs animated by illumin- ation. Commissioner Mullen felt there may be cases where animated signing could add character and interest to a building and he gave an example of the Pizza Palace The Planning Director stated the intent of the restriction was to prevent problems such as with Zip'z signing He stated the current provisions allow flexibility by allowing such signs subject to Commission approval The Com- mission agreed to leave 15 1 A as is Section 15 1 B - eliminates provision for rotating signs Commissioner Mullen felt there may be locations, such as at Valley View and Lincoln, where rotating signs may be appropriate The Planning Director suggested that rotating signs be permitted sub- ject to Commission approval under Design Review, if there are requests for appropriate locations The Commission agreed Section 15.1 C - adds prohibition of blinking, flashing signs except in PS -1A Zone to accommodate blinking sign at Race Track The City Attorney stated that 15 1 "C" is inconsis- tent with 15 1 "A" The Planning Director recommended elim- ination of "C" and adding to "A" the CH CG and PS -1A Zones subject to Commission approval Section 15 1 D - adds restriction for signs encroaching or over- hanging adjacent property or public right-of-way or being attached to structures in public right-of-way Chairman Van Allen recommended changing "furniture" to "any other public facility" Section 15 1 J - regarding vehicle signs, the Planning Director stated there would be enforcement problems with this type of signing He stated pressure from shopping center owners has been successful in eliminating vehicle signs The City Attor- ney stated he would review this section for possible changes Section 15 1 N - adds prohibition of signs painted on buildings. The Planning Director stated staff's alternate suggestion was to allow these signs in the CH Zone subject to Com- mission approval The Commission agreed to allow signs painted on the building in the CH Zone subject to Commission approval Section 15 1 0 - is deleted and adopted amendment to Sign Ord- inance regarding billboard signs is substituted. Section 15 3 B - deletes provisions regarding political signs pursuant to City Council action. -8- Planning Commission Minutes May 4, 1978 Section 15 3 Cl - adds restrictions regarding "open house" signs. The Planning Director reported that such signs, if posted in parks are removed by the Park Ranger and normal procedure is that they are stored in the City storage shed and may be retrieved Commissioner Mullen stated he has received a com- plaint about signs not being returned to a real estate office The Planning irector stated he would check the procedure for retrieving signs Section 15 3 C6 - changes provision that apartment complexes may display directional signs for one, not two, years after final construction inspection. Section 15 3 C7 - adds provisions regarding signing for office buildings and shopping centers which may be displayed for one year following final construction inspection. The Planning Director also recommended that "industrial subdivisions and developments" be added under this section Section 15 3 D - changes wording of current section regarding sale signs and adds provisions for signs painted on or attached to inside of windows Section 15.3 E - regarding attraction signs deletes provision for A -frame signs Section 15 5 B1 - changes freestanding sign maximum height in CN Zone except service stations, from 30' to 20' Section 15 5 Cl - regarding commercial uses in CG -10,000 Zone except service stations reduces freestanding sign maximum height from 30' to 25' and area from 150 to 125 square feet Section 15 6 A & B - regarding signs in industrial zones, adds provisions for monument signs in MP Zone subject to Commis- sion approval under Design Review and changes maximum height of freestanding signs from 30' to 25' Chairman Van Allen inquired about the definitions for Section 8A and the Planning Director transmitted these to the Commission The Planning Director advised that the Commission did not resolve the matter of kennels He reported the City has adopted by ref- erence the County's animal control regulations and the County is the enforcing agency He stated staff recommended that kennels be removed from the RS -6000 Zone. He stated his interpretation of the current provisions is that up to four of both dogs and cats may be permitted Commissioner Friedmann felt the new provision was ambiguous and that persons in the RS -6000 Zone having more than four pets would be in violation She stated she preferred the current provisions The Commission agreed to leave Section 9 1 B7 as is which allows kennels in the RS -6000 Zone subject to a conditional use permit Section 9.6 E - changes "sharp" to "similar" Section 10 1 B10 - The Commission agreed to separate bicycle shops from moped shops and to make moped stores a permitted use in the CH -10 000 Zone only and subject to a conditional use permit in the CN and CG Zones Section 10 1 B-64 - The Planning Director asked for a determination regarding travel agencies which falls in the category of non - tax producing commercial uses Commissioner Mullen felt non - tax revenue producing commercial uses should be permitted in the CG and CH Zones without a conditional use permit since -9- 1 1 Planning Commission Minutes May 4 1978 the lack of such uses could jeopardize the success of shopping centers The Planning Commission agreed to include Section 10 1 A - Offices and Related Uses - as permitted uses in the CG and CH Zones and to include travel agencies as a permitted use in these zones The Planning Director stated the staff will retype the Ordinance with the revisions and present it for Commission review at the next meeting Hearing no objections, Chairman Van Allen continued the hearing regarding Amendment to the Zoning Ordinance #78-3 to the May 18 meeting ADMINISTRATIVE MATTERS (Continued) 5 Report on Citizens' Committee on Proposition 13 Chairman Van Allen reported that the Committee met on May 3 and viewed a film comparing Propositions 8 and 13 He reported the Committee transmitted a recommendation to the City Council requesting that their charter be amended to allow the Committee to make rec- ommendations on the budget whether or not Proposition 13 passes The original purpose was to activate the Committee upon the passage of Proposition 13 and have the Committee recommend ways to reduce City expenditures He reported the Committee elected three chair- men and received copies of the City and Park District budgets to review The Planning Director reported that Ms Maria Machado who was granted approval of a conditional use permit for a facility for developmentally handicapped persons, sent a thank you note and plant to the Commission and staff He stated he sent her a card on behalf of the Commission ADJOURNMENT: Chairman Van Allen adjourned the meeting at 10:40 p.m. HAIRMAN OF THE PLANNING COMMISSION ATTEST• SECRETARY OF THE PLANNING COMMISSION -10-