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Minutes 1974-06-06MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD June 6, 1974 The regular meeting of the Cypress Planning Commission was called to order at 4 :08 p.m. on Thursday, June 6, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress California, Chairman Hilliard Warren presiding. PRESENT: Commissioners Greenwood, Mullen and Warren ABSENT: Commissioners Hart and Ricker Also present were Brian Hawley, Planning Director, Ron Hovland, Associate Planner, and Art Schatzeder, Public Works Director. At the Planning Director's request, it was moved by Commissioner Mullen, seconded by Com- missioner Greenwood and unanimously carried to add to the agenda under Administrative Matters Item No. 8, review of signing program for Conditional Use Permit #73 -8. ADMINISTRATIVE MATTERS: 1. Report on the development approved under Conditional Use Permit #73 -5, Showcase Homes. The Planning Director reported on a problem brought to the Planning Commission's attention at the last meeting by Mr. Thomas Flynn, who recently purchased a condominium in the Cypress Monterey Tract at the northwest corner of Valley View and Ball Road. He reported that the swimming pool under consideration was constructed in conformance with the plot plans approved by the Commission and that Mr. Flynn apparently was misled by the advertising brochure which was not to scale. COMMISSIONER RICKER ARRIVED AT 4 :15 P.M. Mr. Randy Anabel, 14482 Beach, Westminster, representing Showcase Homes, stated that, since the time Mr. Flynn had appeared before the Commission, he indicated his willingness to proceed with his original purchase and seemed satisfied with the situation. It was moved by Commissioner Mullen, seconded by Commissioner Greenwood and unanimously carried to receive and file the staff's report. 2. Sign Review for Conditional Use Permit #73 -8, Shopping Center at Southwest Corner of Orangewood and Knott Streets. Mr. Herb Press reviewed the signing program for the shopping center and discussed the signs' coloration and design. The Planning Commissioners recommended that the applicant attempt to maintain uniformity and an attractive appearance by carrying through the three colors shown in the plans for the entire center. It was moved by Commissioner Ricker, seconded by Commissioner Mullen and unanimously carried to approve the signing program for Conditional Use Permit #73 -8 with the condition that the color of all signs be restricted to red, brown, and white as shown in the plans. 3. Request for Zoning Ordinance Interpretation - arcades in the CN Zone. The Associate Planner presented a memorandum dated May 31, 1974 requesting the Com- mission's interpretation regarding the advisability of an arcade use in the CN Zone. Also transmitted was a letter to the Commission from Mr. Chester Tarkin requesting a condi- tional use permit to open an arcade at 4431 Cerritos Avenue. Chairman Warren inquired if the applicant wished to speak. Planning Commission Minutes June 6, 1974 Mrs. Chester Larkin, 4442 Nestle, Cypress, and Mr. John Francis, 12650 Lakewood, Downey, both discussed the type of operation they proposed to establish. Mr. Tarkin stated that there was a need in the City for this type of amusement where children could walk to, that the establishment would be well supervised to prevent rowdiness, and that no liquor would be served. Mr. Francis commented on several similar establishments which the applicants visited to determine if any problems existed with the proposed use. The applicants stated they would like to install four to six billiard tables in addition ``o the various pinball machines. Commissioner Ricker spoke in favor of the proposed use in the CN Zone since he did not feel the unfavorable connotations associated with billiard halls were applicable because the game was widely accepted today as family entertainment. Commissioner Mullen spoke in favor of the billiards hall as a permitted use but expressed concern about the principle use being pinball machines. It was moved by Commissioner Ricker and seconded by Commissioner Greenwood that the Com- mission find that pinball parlours /arcades in conjunction with pool hall establishments is a permitted use in the CN Zone subject to the granting of a conditional use permit. The motion carried by the following roll call vote: AYES: 3 COMMISSIONERS: Greenwood, Mullen and Ricker NOES: 1 COMMISSIONERS: Warren ABSENT: 1 COMMISSIONERS: Hart 4. Review of Building Plans and Elevations, Conditional Use Permit #74 -10, Industrial Dev- elopment at Cerritos and Walker. Mr. Tom Gabric, the applicant, presented and reviewed the building plans and elevations for the first phase of the industrial development at the southeast corner of Walker Street and Cerritos Avenue, which included Buildings C, D, E, F, G, J, K, L, and M. Mr. Gabric discussed the various architectural treatments of the buildings and the landscaping. COMMISSIONER HART ARRIVED AT 5 :20 P.M. It was moved by Commissioner Greenwood, seconded by Commissioner Mullen and unanimously carried to approve the building plans and elevations as presented for Conditional Use Permit #74 -10. MINUTES: It was moved by Commissioner Mullen, seconded by Commissioner Greenwood and unanimously carried to approve the minutes of May 2, 1974, and May 16, 1974 as corrected. 5. Consideration of Rear Yard Encroachment Report for Substandard Lots. The Associate Planner presented Staff Report PC #74 -24 dated May 30, 1974 which requested a determination by the Planning Commission to allow additions to homes developed under Optional Design on substandard lots to encroach into the rear yarn setback without the need for a variance if certain conditions are met. These conditions are: that a minimum 1200 square feet of open, usable rear yard space be provided, that the addition not en- croach closer than 10 feet to the rear property line, and that the applicant obtain the approval of neighbors to the rear and both sides of his property. It was moved by Commissioner Hart, seconded by Commissioner Mullen and unanimously carried to authorize the staff to initiate a public hearing to consider an amendment to the Zoning Ordinance to effectuate the rear yard setback adjustment. -2- Planning Commission Minutes June 6, 1974 6. Review of landscape, irrigation, and signing plans for Boat City. The Planning Director reported that he had met with the concerned homeowners located on Alaska Street to the north of Boat City who were in agreement to construct a fibreglass and wood extension to the existing wall to protect their privacy. The Commission members reviewed the landscaping plan presented in terms of the original landscaping requirements. The Commissioners recommended that the applicant concentrate on completing the landscaping east of the driveway on Lincoln by installing the automatic sprinkler system and Calif- ornia Sycamore tree and that the installation of planters along the rear wall be postponed. It was moved by Commissioner Ricker, seconded by Commissioner Greenwood and unanimously carried to approve the landscape plans submitted with the addition of two California Sycamore trees and automatic sprinkler system to be installed immediately, and that the .landscaping requirement for the northerly property line be continued until September. RECESS: Chairman Warren recessed the meeting at 6:10 p.m, to 7:30 p.m. CALL TO ORDER: Chairman Warren called the meeting of the Cypress Planning Commission back to order at 7:37 p.m. in the Cypress City Council Chambers with the following Commissioners present: PRESENT: Conu,rissioners Greenwood, Hart, Mullen, Ricker and Warren ABSENT: None Also present were Brian Hawley, Planning Director, Associate Planner Ron Hovland, Art Schatzede Public Works Director, and Roger Grable, Deputy City Attorney. PLEDGE Of ALLe GIANCE : Chairman Warren led the pledge to the flag. ORAL COMMUNICATIONS: There were no oral communications presented at this time. Presentation of Planning Commission Resolution to Messrs. Walt and Ed Lukas. Chairman Warren presented to Walt and Ed Lukas a resolution adopted by the Commission complimenting the exemplary appearance and operation of their Shell service station at the northeast corner of Ball Road and Bloamfield Street. PUBLIC HEARING RE: AMENDMENT TO THE GENERAL PLAN - LEAL DAIRY: Chairman Warren announced that this was the time and place for the public hearing to consider a proposal to amend the Land Use Element of the General Plan of the City of Cypress to change the designation of portions of the southwesterly corner of Valley View Street and Ball Road from a com- mercial classification to a residential classification. He declared the public hearing open and asked for the staff's report. The Planning Director read a memorandum to the Commission dated June 6 in which the Planning Staff recarmended denial of the amendment to the General Plan at this time for reasons that it was impossible to predict whether the 6.2 acre commercial development at that corner would attract other commercial uses and development of the condaninium proposal would not necessarily determine the success of the shopping center. The staff recommended a wait and see policy with regard to development of the remaining portion of the corner property. -3- Planning Commission Minutes June 6, 1974 Chairman Warren asked if the applicant wished to speak. Mr. Henry Gillespie, representing the property owner, 1425 S. Citrus, Fullerton, provided a chronology of the attempts by his firm to solicit commercial interests in the subject property over a seven year period. He recommended approval of the condominium project as.'ism the best use of the property. Mr. Russ Penniman, 325 Grand Canal, Newport Beach, representing the applicant, stated he felt the seven years of attempting to plan a feasible commercial development of the property was a sincere effort by the applicant. He felt the area was saturated with development and could not be improved with commercial development. Chairman Warren inquired if anyone wished to speak in opposition to the amendment. Mr. Donald Kennedy, 5843 Holmby Court, Cypress, expressed concern about losing privacy by having two -story condominiums adjacent to his property. He felt there was a sufficient residential market in the area to support a commercial shopping center at the corner. Mr. Howard Rowan, 5831 Shirl, Cypress, vice president of the Cypress Citizens' Association, spoke in favor of the commercial aspects of the development and in opposition to the condo- minium m proposal. Mr. Gray Farley, 5803 Holmby Court, Cypress, commented on the serious financial condition of the City in not having a strong tax base and he urged that the Commission take a strong stand to show the business community that it will postpone development until commercial interest is shown in the property. Mrs. H. Hardesty, 5853 Holmby Court, Cypress, stated she was concerned about her privacy if two-story condominiums should be developed adjacent to her property. Mrs. Fay Lader, 5842 Comstock, Cypress, stated she was anxious for the property to be dev - oped and she was in favor of the condominium development. She did not feel the entire 17 acres could support commercial development. Mr. William Walters, 5852 Comstock, Cypress, stated that he did not feel the condominiums would present a threat to privacy and he spoke in favor of the proposed development plan. Mr. Russ Penniman responded to the comments of the speakers. Discussion was held between members of the audience, staff and applicant regarding studies undertaken to determine the cost revenues per acre from various land uses and what revenue could be anticipated from development of the subject property. Mr. James Warrington, 1752 Langelly, Irvine, representing the applicant, discussed the diffi- culty in developing the property commercially and felt the total 17 acres could not support commercial uses. It was moved by Commissioner Greenwood, seconded by Chairman Warren and unanimously carried to close the public hearing. Commissioner Ricker recommended denial of the amendment at this time and felt the com- mercial development already approved for the property might act as a catalyst for com- mercial development of the remaining portion for such uses as office /professional. He felt commercial development should be strongly encouraged by the City and he felt there was no need for additional condominium projects. -4- Planning Commission Minutes June 6, 1974 Commissioner Hart recarmended that the City study the impact of the already approved carmercial development and request that the applicants bring back further information on their attempts to seek other commercial interests. He felt development of the Harvey property would affect future development of the subject property and that the Commission should consider all factors before making a decision. Commissioner Mullen also recarmended denial of the application at this time and recon- mended reconsideration in about six months. Commissioner Greenwood expressed agreement with the comments of the other Commissioners. Following the Commission's consideration of the proposal, it was moved by Commissioner Mullen and seconded by Commissioner Ricker to deny the application for an amendment to the General Plan for the Leal Dairy. The motion was unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: Greenwood, Hart, Mullen, Ricker and Warren NOES: 0 OOMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None RECESS: Chairman Warren called for a recess at 9:32 p.m. The meeting was called back to order at 9:45 p.m. with all Commissioners present. PUBLIC HEARING RE: VARIANCE #74 -3 - HAROLD W. SWENSON: Chairman Warren announced that this was the time and place for the public hearing to consider a proposed variance to construct, use and maintain an addition to the rear of a single - family dwelling, portions of which will encroach to within six feet of the rear property line on a parcel of land situated in the RU Single- Family Residential Zone at 4851 Newman Avenue in the City of Cypress. The Chairman declared the public hearing open and asked for the staff report. The Associate Planner presented Staff Report PC #74 -22 dated May 28, 1974 which recommended denial of the variance request since all conditions necessary to justify the variance were not present. Chairman Warren invited the applicant to speak at this time. Mr. Harold Swenson, 4851 Newman, Cypress, discussed reasons for the variance request and why the alternatives offered by the staff were unsatisfactory. He indicated that his nearest neighbors supported his request. Chairman Warren asked if anyone else wished to speak in favor of the variance. There was no one wishing to speak in favor or in opposition to the variance and Chairman Warren closed the public hearing. Commissioners Ricker and Hart both spoke in favor of granting the request since the property was adjacent to the flood control channel and the variance would not detract from adjacent properties. Commissioner Ricker stated he was aware of similar circum- stances in the City and that no precedent would be set in this case. Commissioner Mullen stated he did not feel this was a proper situation to require a variance and that if similar requests are received by the City it should require a change in the Zoning Ordinance. It was moved by Commissioner Ricker and seconded by Commissioner Hart to approve Variance #74 -3, Harold W. Swenson subject to the following conditions: 1. Approval of this request shall not excuse compliance with all other rules and ordinances in effect at the time the variance is exercised. -5- Planning Commission Minutes June 6, 1974 2. The proposed addition shall be constructed in substantial compliance with the submitted plot plan. The motion carried by the following roll call vote: AYES: 4 COMMISSIONERS: Greenwood, Hart, Ricker and Warren NOES: 1 COMMISSIONERS: Mullen ABSENT: 0 COMMISSIONERS: None At the Planning Director's recommendation, Chairman Warren announced that the following two public hearings would be conducted concurrently. PUBLIC HEARING RE: ZONE CHANGE #74 -2, D 8 B ASSOCIATES: Chairman Warren stated that this was the time and place for the public hearing to consider a proposed amendment to the Zoning Ord- inance on a parcel of land having approximately 3.4 acres in area from the County designated 100 -C1- 10,000 Local Business Zone to the City CH- Commercial Highway Zone. Said property is situated at the northeasterly corner of Lincoln Avenue and Stunner Street. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -11, D 8 B ASSOCIATES: Chairman Warren announced that this was the time and place for the public hearing to consider a proposed conditional use permit to establish, operate and maintain a mini- warehouse and storage facility on the 3.4 acre parcel of land situated on the northeasterly corner of Lincoln Avenue and Sumner Street. Chairman Warren declared both public hearings open and asked that the staff present its report( The Associate Planner presented Staff Report PC #74 -23 dated May 29, 1974 and Staff Report PC #74 -25 dated May 30, 1974 and he also presented slides of the subject property showing existing characteristics, uses and adjacent land uses. Chairman Warren asked if the applicant wished to speak. Mr. Cary Belshire, representing D 8 B Associates, 5601 Paramount Boulevard, Long Beach, stated he agreed with all of the conditions of approval. Mr. Belshire discussed in detai: various changes which the applicant proposed in the layout of the development which incluaed relocation of the open storage area to the easterly rear of the property, relocation of several buildings on the eastern portion closer to Lincoln Avenue, and rearrangement of the remaining buildings into longer east -west aisles. Mr. Howard Rowan, 5831 Shirl, Cypress, stated that the Cypress Citizens' Association was in support of the proposal. Considerable discussion followed regarding the building layouts and access, circulation, driveway patterns, and the request for a variance from the landscaping setback on Lincoln Avenue. The Planning Director recommended that, because of the numerous revisions to the plot plan, the Planning Commission continue consideration of the plot plan and conditional use permit and take action with regard to the zone change. Chairman Warren declared the public hearing closed regarding Zone Change #74 -2. It was moved by Commissioner Hart and seconded by Commissioner Greenwood to approve Zone Chang( #74 -2, D 8 B Associates. The motion was unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: Greenwood, Hart, Mullen, Ricker and Warren NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None It was moved by Commissioner Hart and seconded by Commissioner Greenwood to continue the )1i■ hearing regarding Conditional Use Permit #74 -11, D 8 B Associates, to the next regular me _ng -6- Planning Commission Minutes June 6, 1974 of June 20, 1974. The motion was unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: Greenwood, Hart, Mullen, Ricker and Warren NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None AATOURNMENT: Chairman Warren adjourned the meeting at 11 :05 p.m. Al'1't,ST: SEC ARY 0 THE PLANNING OMMISSION 1 RMAN OF THE PLANNING COMMISSION