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Minutes 1976-11-18MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD November 18, 1976 The regular meeting of the Cypress Planning Commission was called to order at 6:10 p.m. on Thursday, November 18, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Friedmann, Greenwood, Partin, Van Allen & Mullen None Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, Roger Grable, Deputy City Attorney, and Sandy Pegueros, Business License /Zoning Inspector. PLEDGE OF ALLEGIANCE: Commissioner Friedmann led the pledge of allegiance to the flag. Chairman Mullen added the following items to the agenda: Item #7 regarding the Boys' Club signing, and Item #8 regarding a request for interpretation by the Planning Commission of uses permitted in the ML Zone. MINUTES: November 4 It was moved by Commissioner Partin, seconded by Commissioner Friedmann and unanimously carried to approve the November 4 minutes. ADMINISTRATIVE MATTERS: 1. Report on Signs at Moody /Ball Shopping Center. The Zoning Inspector reported that staff contacted the owner of Cypress Floor Coverings in the Moody /Ball Shopping Center regarding his non - conforming banner sign. Staff also sent letters to four other businesses and the shopping center owner requesting their cooperation in bringing their signing programs into conformance with the original approval. Mr. Ross of Cypress Floor Coverings made a request for additional signing. Mr. Jack Ross, 5003 Ball Road, stated the marquis sign facing Ball Road is not visible to traffic because it is obstructed by the Union 76 building, sign and trees. A sign was mounted on the side of the building to be visible to Ball Road traffic from either direction. The Planning Director stated that the Zoning Ordinance would permit an additional 50 square feet of signing on the marquis or on the side of the building facing Ball Road, or temporary banner signing could be approved for a period of 30 days. Mr. Ross inquired about the types of signing which he could use. He agreed to submit plans for his proposed permanent signing. It was moved by Chairman Mullen, seconded by Commissioner Friedmann and unanimously carried to approve the existing banner sign for a 30 day period to extend to December 16 and request that the business owner submit plans for permanent signing for Commission review and approval at the December 2 or 16 meeting. Staff indicated that the letter to the other four businesses in the center was sent out today. Planning Commission Minutes November 18, 1976 2. Review of Signing Program - Conditional Use Permit #76 -1. The Planning Director presented the sign plans for the 7- Eleven and satellite stores in the shopping center at the corner of Denni and Lincoln. He requested that the applicant explain the modifications to the signing program. Mr. Lewis Morgen, Planned Development Corporation, 1180 S. Beverly, Los Angeles, reported he received a letter from the Southland Corporation national headquarters on November 17 which indicated they would not accept a combination pole sign in accordance with their lease agreement. Mr. Don Fink, representing General Maintenance Sign Company, reported the facia signs for the three satellite stores would be 2 1/2 by 10 feet, illuminated, and placed above the store entrances and the facia sign for the 7- Eleven store would be 4 by 12 feet. He presented the plot plans and a photograph of the proposed 7- Eleven pole sign. He reported the pole sign was reduced in height to 21 feet and a minimum 8 foot ground clearance will be provided. The sign will contain the standard 7- Eleven and "open 24 hours" logo and will be located near the corner of Lincoln and Denni. Commissioner Van Allen referred to the photograph of the pole sign and asked if the applicant proposed a light at the top of the sign as shown. He was concerned that the light was not shown on the sign plans and asked if it was included in the approval of the conditional use permit. The applicants indicated that illumination of the driveway area was necessary and that placing the light at the top of the pole would eliminate the need for a separate lighting pole. The Planning Director reviewed the plot plans for the conditional use permit and reported that three area lights were shown, including one at the location where the applicant proposes the freestanding sign. It was moved by Chairman Mullen and seconded by Commissioner Partin to approve the plans for the facia signs as presented, subject to the following conditions and the condition that there be no representation of the satellite stores on the free- standing sign: 1. The signs established for this project shall be in conformance with the plans, elevations and color schemes as submitted and reviewed and approved by the Planning Commission and the freestanding sign shall contain an area of approximately 100 square feet and shall not exceed 21 feet in height. 2. No banners or other signs attached to the exterior of the building or displayed on the premises shall be permitted. 3. All required building and electrical permits shall be obtained in accordance with City ordinances and require- ments. 4. A single area light may be constructed on top of the freestanding sign in lieu of a second pole area light as indicated on the original plot plan of development. Commissioner Van Allen stated he was sorry that the conditional use permit did not address the hours of operation of the 7- Eleven store and he felt that the height of the freestanding sign overpowered the corner. 2. Planning Commission Minutes November 18, 1976 The motion carried by the following vote: AYES: NOES: ABSENT: 4 COMMISSIONERS: 1 COMMISSIONERS: 1 COMMISSIONERS: Friedmann, Greenwood, Partin & Mullen Van Allen None It was moved by Chairman Mullen, seconded by Commissioner Greenwood and unanimously carried to permit the area light to be mounted on top of the 7- Eleven freestanding sign and that this light be a replacement of the area pole light which was approved under the conditional use permit and that details of the design be subject to staff approval. 3. Consideration of Arterial Highway Financing Programs. The Public Works Director read a report dated November 12 describing the two projects the staff proposes to include in the 1977/78 Orange County Arterial Highway Financing Program. The Orange Avenue project includes improvements of Orange Avenue from 640 feet west of Grindlay Street to Graham Street as well as the Orange /Grindlay intersection. The Knott Street project includes street improvements on Knott from the Stanton Channel to 450 feet north of Katella Avenue. Staff requested that the Commission determine whether the projects are in conformance with the General Plan. It was moved by Commissioner Greenwood, seconded by Commissioner Partin and unanimously carried to determine that the proposed projects to be included in the 1977/78 Arterial Highway Financing Program are in conformance with the General Plan and to authorize the Planning Director to sign the negative declaration. 4. Request for Commission Interpretation of Permitted Uses in ML Zone. The Planning Director transmitted a letter from Mr. Michael Ruplinger of A -1 Land Clearing which requested that the Commission make a determination as to whether the storage and refurbishing of gasoline tanks may be a permitted use in the ML (light manufacturing) Zone. He reported that Mr. Ruplinger proposes to move a portion of his business from Long Beach to 8851 Watson Street, which is at the north end of Watson street adjacent to the Pacific Electric Railroad right of way and north of the City Corporation Yard. The Planning Director reported that the operation consists of the storage of relocated service station gasoline tanks, refurbishing of the tanks and resale to oil companies or individuals. He reported that the County Fire Marshal's office reviewed the proposal and expressed concern over the potential hazard. They requested an opportunity to research the proposal since the County requires that such tanks be moved out of the cities or county. Mr. Hawley reported that the applicant proposed to store a maximum of six tanks at any one time on the subject property. Mr. Michael Ruplinger, 9112 Hyde Park Drive, Huntington Beach, reported he spoke with an assistant from the Fire Marshal's office who indicated there would be no problem with the operation if it is allowed by the City. Mr. Ruplinger reported they conducted this business for 22 years in Long Beach and exper- ienced no safety problems. He stated the tanks are degassed, treated with carbon dioxide and plugged and they are inert. He stated the Fire Department has stringent requirements to which they will adhere. The Planning Director stated he was contacted by the Fire Marshal's office today and they indicated they wished to investigate this proposal. 3. Planning Commission Minutes November 18, 1976 Commissioner Van Allen asked how long the tanks would be stored and Mr. Ruplinger stated they would be stored until they are sold. He stated many tanks are sold directly after they are removed but that others may be stored for years. It was moved by Commissioner Van Allen and seconded by Commis- sioner Friedmann to determine that the storage of gasoline tanks is subject to a conditional use permit. The Planning Director suggested a continuance of the matter to allow the Fire Marshal's office to respond with their findings. He stated the Fire Department may find that such a use is highly dangerous and the Commission may not approve of allowing it in the City with or without a permit. A substitute motion was moved by Commissioner Greenwood and seconded by Commissioner Partin to continue the matter to the December 2 meeting. The motion carried by the following vote: AYES: NOES: ABSENT: 4 COMMISSIONERS: 1 COMMISSIONERS: 0 COMMISSIONERS: Friedmann, Greenwood, Partin & Mullen Van Allen None PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 76 -18 - THE WARMINGTON COMPANY: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to establish an 80 -unit condominium project to the rear of a proposed commercial development. The condominium portion of this project will consist of 80 two and three- bedroom units situated on approximately 6.2 acres and will include areas for off - street parking, recreational uses and landscaped, open areas. The commercial portion of the project will be established on approximately 2.6 acres and will include a restaurant with provision for the on -site sale of beer and wine, other retail commercial stores, off - street parking areas and open, landscaped areas. He declared the hearing open. RECESS: Chairman Mullen called a recess at 7:40 p.m. The meeting was called back to order at 7:50 p.rn. with all Commis- sioners present. ORAL COMMUNICATIONS: Chairman Mullen asked if anyone wished to speak in regard to any matter not on the agenda. There was no one wishing to speak. The Planning Director requested that the public hearing regarding C.U.P. #76 -18 be continued to December 2 to allow the applicant to complete modifications to the plot plans. He reported that he transmitted a notice to all property owners within 300 feet of the subject property suggesting the continuance. It was moved by Chairman Mullen, seconded by Commissioner Greenwood and unanimously carried to continue the hearing regarding Conditional Use Permit #76 -18 to December 2. PUBLIC HEARING RE: VARIANCE NO. 76 -3 - CHARLES BELL: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to construct a two -story addition onto the rear of an existing single - family dwelling, portions of which addition will encroach to within six feet of the rear property line on property situated at 5984 Fiji Street, Cypress. He opened the public hearing and asked for staff's report. The Planning Director read Staff Report No. 41 dated November 12 describing the proposed variance and he presented the plot plans. 4. Planning Commission Minutes November 18, 1976 Chairman Mullen asked if the applicant wished to speak. Mr. Charles Bell, 5984 Fiji Street, reported he has seven children and the proposed addition would be used as a bedroom for four of them. He stated he did not wish to convert the bonus room into a bedroom since it is used as the family room while the downstairs living room is maintained for entertaining. He reported that the large new bedroom may be partitioned off to provide more privacy when the children get older. He stated the addition would follow the contours of the house and be of similar material. Chairman Mullen asked if anyone wished to speak in favor. Mr. Raul Mora, 5963 Fiji Street, felt the variance should be granted since the substandard lot constitutes exceptional circumstances in this case. He felt the addition could be constructed without a variance if it was a standard size lot. He stated the architectural design of the dwelling will not change, the addition will only be apparent from the rear, and the addition will not depreciate the value of neighbors' property. Mr. Gerald Krieger, 5994 Fiji Street, property owner to the east, stated the Bells are a very nice family and maintain their prop- erty well. He did not feel he would be hampered by the addition or that there was any reason to deny the variance. Chairman Mullen asked if anyone wished to speak in opposition. Mr. Joe Hardcastle, 4588 Blanca Drive, stated this situation exists in his neighborhood where an addition on a two story house overlooks an adjacent one story house and encroaches on the neighbor's privacy. In this case, he felt if the neighbor desired a pool, the addition would encroach on his privacy. He felt building up to a lot line detracts from a neighborhood and that the City will face a problem if it starts approving similar variances. Mr. Dale Niezgocki, 5995 Suva, reported he lives in a single story house to the rear and one over from the Bells and that his family room is at the rear and faces the Bell's house. He reported that the developer planted a row of trees along the rear of the Bell's property which they removed and this creates an even greater invasion of his privacy. He felt the addition would contribute to the lack of privacy and he asked what would happen in case of a fire. Mrs. Martha Sudweeks, 5965 Suva, stated she lives two houses to the west behind the Bells and that she strongly opposes the variance. She felt the addition would create an invasion of privacy, would increase wind draft, eliminate sunshine and decrease her property value. Mrs. Doris Nobles, 5973 Fiji, stated she lives across the street from the Bells and would not be directly affected but she felt the Commission would set a bad precedent by allowing the variance. She stated there is a problem with many children on the street and the addition would allow for more children. She felt the addition would discourage prospective buyers and would be an unattractive sight to the homeowner who faces it. Mr. Thomas Easterday, 5946 Suva, stated he opposed setting a precedent on such a small lot. He felt the applicant should consider converting his bonus room since he has a large living room to use. Mr. Bell stated he could not afford to move into a new home and stated in most new tracts the homes are very close to each other. He stated he could not construct the addition on the first floor because this would necessitate tearing out his kitchen wall. Mr. Bell discussed with the Commission and staff 5. Planning Commission Minutes November 18, 1976 other alternatives for the addition. The Planning Director reported the addition could be constructed on the side of the dwelling and a 6 foot setback would be maintained. The Zoning Ordinance requires a 5 foot side yard setback. He also noted that, if the proper criteria is met, the Zoning Ordinance would allow an adjustment whereby the dwelling could encroach to within 10 feet of the rear lot line. Mr. Bell stated he would be willing to compromise and decrease the width to 12 feet, leaving a setback of eight feet. However, this would hamper his future plans to partition the room. Mr. Niezgocki, 5995 Suva, stated his objection was to a loss of privacy. He stated he would not object to the addition if the Bells planted shrubs or trees and his privacy was maintained. Mr. Raul Mora, 5963 Fiji, stated that two story houses already overlook one story houses so this addition would not set a precedent. He did not feel the encroachment into the rear set- back would create any more of an invasion of privacy. Commissioner Greenwood stated he sympathized with the applicant however he was concerned that setting such a precedent would create an embarassing situation. He did not feel denial of the variance would create a hardship and that there were other alternatives available to the applicant. Commissioner Van Allen felt the proposal provided protection of the applicant's privacy at the expense of his neighbors. He felt the proposal benefits the applicant to the detriment of others and stated the applicant has alternatives available to him. Chairman Mullen stated he sympathized with the applicant but that he was concerned over setting a precedent. He stated he cannot support the findings required for approval of the variance and cannot approve the elimination of open space and privacy of the neighbors. He felt the applicant should consider the alternatives which were discussed: a side yard addition, first floor addition, or a smaller size addition, which would be more compatible with the neighbors. It was moved by Commissioner Greenwood and seconded by Chairman Mullen to deny Variance #76 -3. Commissioner Partin suggested that the applicant might consider a smaller addition by expanding the existing bedrooms and main- taining a 10 foot setback. The Planning Director agreed this was an alternative. He reported that if the variance is denied, the applicant would have to wait 12 months before reapplying for a permit for a similar proposal. He suggested that the matter be continued to allow the applicant to investigate other alternatives. A substitute motion was moved by Commissioner Van Allen, sec- onded by Commissioner Partin and unanimously carried to continue the public hearing regarding Variance #76 -3 to December 2. ADMINISTRATIVE MATTERS: (CONTINUED) 5. Annual Report on the Status of the General Plan and City's Overall Planning Program. The Planning Director read a memorandum dated November 12 which transmitted the annual report on the status of the General Plan elements and the City's planning operations between September, 1975 and September, 1976, which is required by the State Planning Act to be submitted to the State Office of Planning and Research. Staff felt the City complies with the requirements of the State Planning Act since all mandated elements of the General Plan have been completed. However, staff felt the Land Use Element and Housing Element need to be updated and reviewed in order to reflect the current status and policies of the City. Planning Commission Minutes November 18, 1976 Commissioner Van Allen recommended that the City's actions in regard to the overall Lincoln Avenue improvement plan and deep lot development program be included in the report as one of the main planning issues. The Commission agreed to transmit the report to the City Council and include in the report the City's actions concerning the Lincoln Avenue improvement plan and overlay zone proposal. 6. Tentative Tract Map #9624, 4782 Lincoln Avenue, Warmington Company. It was moved by Chairman Mullen, seconded by Commissioner Green- wood and unanimously carried to continue this item to the December 2 meeting. 7. Resolution of Commendation for Deanna Walsh. The Planning Director transmitted a resolution of commendation for former Commissioner Deanna Walsh. He reported that she would be in town and attending the City Council meeting on November 22 to receive a community service plaque and he suggested that a member of the Planning Commission attend the meeting to present the resolution. It was moved by Commissioner Van Allen, seconded by Commissioner Friedmann and unanimously carried to adopt the resolution of commendation for Deanna Walsh. 8. Consideration of Boys' Club Signing. The Planning Director reported that he inspected the sign at the Boys' Club new facility at 10161 Moody Street and it was the same sign which had existed at the Moody /Cerritos building. Chairman Mullen stated he did not object to the signing program but felt the Boys' Club should have received approval for the signing. The Planning Director stated he would send a letter to the Boys' Club indicating their signing is acceptable and in conformance with the Sign Ordinance. Commissioner Van Allen inquired if the Happiness Foundation had submitted plans for a signing program. The Planning Director stated he would have a report for the next meeting. Commissioner Van Allen also requested a report for the next meeting on the court action involving American Pool, Patio & Nursery on Lincoln Avenue. Commissioner Partin inquired why the median island improvement project in Lincoln Avenue extended only between Moody and Los Altos. The staff stated that improvements were proposed for this section because it is one section which is entirely within the City limits, improvement of this section would have the greatest immediate impact in the way of stimulating new develop- ment, and other sections of the street require more extensive improvement in the right -of -way, such as major storm drain facilities, in addition to median improvements. Budgetary constraints also limited the scope of the median improvements. ADJOURNMENT: Chairman Mullen adjourned the meeting at 9:40 p.m. ATTEST: CHAIRMAN OF THE PLANNING COMMISSION SECRETARY OF THE PLANNI G COMMISSION 7.