Minutes 1974-11-07MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
November 7, 1974
The regular meeting of the Cypress Planning Commission was
called to order at 7:35 p.m. on Thursday, November 7, 1974
in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Chairman Dennis Hart presiding.
PRESENT: Commissioners Greenwood, Mullen, Van Allen,
Walsh and Hart
ABSENT: None
Also present were Planning Director Brian Hawley, Public Works
Director Art Schatzeder, Associate Planner Ron Hovland,
Building Superintendent Oliver Grant, and Deputy City Attorney
Roger Grable.
PLEDGE OF ALLEGIANCE: Commissioner Van Allen led the pledge
to the flag.
PRESENTATION OF RESOLUTION - COMMENDATION OF HILLIARD WARREN:
Chairman Hart read and presented to former Planning Commissioner
Hilliard Warren a resolution of commendation praising his six
years of dedication and accomplishments on the Commission
towards the betterment of the community.
At the Planning Director's request, Chairman Hart placed
Item No. 3 on the agenda under Other Matters regarding a request
for a time extension for the S & S College Park tract.
MINUTES: October 17, 1974
It was moved by Commissioner Greenwood, seconded by Commissioner
Van Allen and unanimously carried to approve the October 17,
1974 minutes.
ORAL COMMUNICATIONS: Chairman Hart inquired if anyone wished
to address the Commission regarding any matter not on the agenda.
There was no one wishing to speak.
With the consent of the Commission, Chairman Hart announced that
the second public hearing on the agenda would be considered out
of order since the applicant was present.
PUBLIC HEARING RE: VARIANCE #74 -8 - MR. & MRS. BERT SEIDENBERG:
Chairman Hart 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 ten feet
of the rear property line on a parcel of land situated in the
RU- Single - Family Residential Zone at 6652 Chamois Circle in
the City of Cypress. He asked that the staff present its report.
The Associate Planner presented Staff Report PC #74 -45
dated October 24, 1974 and outlined the design character-
istics and dimensions of the proposed room addition, the
encroachment, and recommended conditions of approval.
Chairman Hart declared the hearing open and asked if the
applicant wished to speak.
Mr. Bert Seidenberg, 6652 Chamois Circle, Cypress, described
the room addition and felt it would increase the marketability
Planning Commission Minutes November 7, 1974
of his home. He stated he contacted about 38 of the property
owners within 300 feet of his property and obtained their
signatures as agreeing to the elevations and plot plan. He
indicated that the property owner to the rear was opposed
to creating a second story dwelling anywhere in the tract.
Chairman Hart inquired if anyone else wished to speak.
Mr. Paul Mouer, 6651 Reefton, Cypress, stated he objected
to a second story addition and he indicated that the fact
that all homes in the tract were single story was a desirable
feature. He stated that his family frequently used the back-
yard pool and the addition would create an invasion of pri-
vacy. He also indicated he did not feel the blank wall
of the addition would be attractive.
The Planning Director suggested the use of louvered windows
for the addition or landscape treatment to restrict vision.
Commissioner Mullen suggested that additional landscaping
might be installed to screen the addition and the applicant
pointed out the location and type of existing trees on the lot.
Chairman Hart closed the public hearing. The hearing was
reopened for further questions from Commissioner Van Allen
who inquired if the existing dwelling was a non - conforming
structure.
Chairman Hart closed the public hearing.
It was moved by Commissioner Mullen, seconded by Commissioner
Walsh and unanimously carried to add condition #4 of approval
to require that a landscaping plan be submitted to the
Planning Commission for approval.
In response to the homeowner's and Commission's concern
relating to the invasion of privacy, the Planning Director
recommended that the applicant submit a plan showing some
type of screening device for the windows or landscaping of
the rear yard area to effectuate the same purpose.
It was moved by Commissioner Mullen and seconded by Commis-
sioner Walsh to approve Variance #74 -8 with the findings
contained in the staff report that: (1) there are exceptional
circumstances in the request applicable only to the property
involved (the configuration and location of the dwelling unit
on the parcel, and the size and location of rear /side yard)
that do not apply generally to other properties in the same
zone classification in other sections of the City; (2) the
granting of the variance will not constitute the granting
of a special privilege inconsistent with the limitations on
other properties in the same zone classification; and (3)
the granting of the variance will not be detrimental to
the public health or welfare nor injurious to adjacent
properties. The variance was approved 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.
2. Complete construction drawings shall be sub-
mitted to the Building Department for plan
checking and permits.
3. The proposed addition shall be constructed in
substantial compliance with the submitted plot
plan.
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Planning Commission Minutes November 7, 1974
4. A plan designed to screen the proposed addition
from adjacent residential properties shall be
submitted for review and approval by the
Planning Commission prior to the first inspection
by the Building Department. This screening
may consist of landscape materials and /or
devices which would inhibit the direct view
of adjacent properties from windows in the new
addition.
The motion carried by the following roll call vote:
AYES: 4 COMMISSIONERS: Greenwood, Mullen, Walsh
and Hart
NOES: 1 COMMISSIONERS: Van Allen
ABSENT: 0 COMMISSIONERS: None
1. Design Review, R J Pool Supplies, 9212 Walker Street -
Sign Plan, Landscaping and Irrigation.
The staff transmitted to the Commission the signing and land-
scaping plans for a swimming pool supply store located at
9212 Walker Street.
Mr. Reino Kosonen, 3662 Pierce, Riverside, California, the
applicant, described the sign location and design.
Considerable discussion was held regarding appropriate screening
in front of the garage door and Commissioner Mullen indicated
the plans were not acceptable since they were not in confor-
mance with the Planning Commission's conditions of approval
attached at the time of design review. He indicated it was
his understanding that the screening of the garage door,
in lieu of a stucco covering, would consist of some type
of physical, visible barrier in addition to dense landscaping.
Commissioner Van Allen inquired if another type of sign compo-
sition other than plastic could be utilized to achieve a
pleasant aesthetic effect and Commissioner Mullen recommended
the use of a rustic -type freestanding wood sign which would
conceal the garage door.
It was moved by Commissioner Mullen, seconded by Commissioner
Greenwood and unanimously carried to continue consideration
of the signing and landscaping and irrigation plans for R J
Pool Supplies, 9212 Walker Street to the November 21 meeting
for the purpose of allowing the applicant to redraw the plans
in strict conformance with the conditions of approval estab-
lished at the time of design review.
2. Design Review - Pole Sign, Belmont Preschool, 3417 Bishop
Street.
The Associate Planner presented and described the plot plan
and sign plan for a freestanding pole sign for the Belmont
Preschool located at 3417 Bishop Street.
Mrs. Humphries, representing the applicant, stated the sign
would be red, white and blue in color and located on the
Walker Street frontage and was necessary to provide direction
to the school. Mrs. Humphries stated the sign colors were
compatible with the colors of the play equipment which was
visible from the street. She expressed agreement with the
conditions of approval.
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Planning Commission Minutes November 7, 1974
It was moved by Commissioner Mullen, seconded by Commissioner
Walsh and unanimously carried to approve the design review
for the pole sign for Belmont Preschool, 3417 Bishop Street,
subject to the following conditions:
1. The sign be constructed and located in sub-
stantial conformance to the approved plans.
2. All required permits be secured from the
Building Department of the City of Cypress.
3. The roof - mounted sign with exposure to Lincoln
Avenue (mounted on the building nearest the
alley between Lincoln Avenue and Bishop Street)
shall be removed.
3. Consideration of Request for Extension of Conditional
Use Permit #C -263, S & S Construction Company.
The Planning Director reviewed a memorandum to the Commission
concerning the request for a one year time extension on
Conditional Use Permit #C -263, which expired November 3, 1974,
for a model home and sales complex developed in conjunction
with a single - family project located northeasterly of the
intersection of Valley View and Orangewood. The applicant
requested the extension since the total development is not
fully constructed and units are still available for sale.
The Planning Director recommended that the extension be
granted only to March 15, 1975 to ensure the completion of
the median island on Valley View which was a recommendation
of the Public Works Director. He stated the request could be
extended if the applicant complies with the conditions.
It was moved by Commissioner Van Allen, seconded by Commissioner
Walsh and unanimously carried to grant the extension of Condi-
tional Use Permit #C -263 to March 15, 1975 subject to the
following conditions:
1. The median island opening on Valley View
Street at the entrance to the model site
shall be completely closed with concrete
curb and backfilled to the satisfaction
of the City Engineer by March 15, 1975.
2. If the median island opening on Valley View
Street at the entrance to the model site is
not closed by March 15, 1975, S & S
Construction Company shall be required to
landscape the median island from the model
home entrance to the Stanton Channel.
RECESS:
Chairman Hart called for a recess at 9:15 p.m. The meeting
was called back to order at 9:25 p.m. with all Commissioners
present.
CONTINUATION OF A PUBLIC HEARING RE: AMENDMENTS TO THE ZONING
ORDINANCE: Chairman Hart announced that this was the time and
place for the continuation of the public hearing to consider
proposed amendments to the Zoning Ordinance and a complete
review of the Zoning Ordinance text by the Planning Commission.
Chairman Hart requested that the staff present its report.
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Planning Commission Minutes November 7, 1974
The Planning Director presented Staff Report PC #74 -46 dated
November 1, 1974 and summarized recommended amendments to
Sections 8, 13, 15, 16, 17 and 18 of the Zoning Ordinance.
Chairman Hart declared the public hearing open.
The Planning Director briefly reviewed each of the following
recommendations and, following the Commission's consideration
of the items, it was the consensus to approve the recommen-
dations as presented.
SECTION 8 - DEFINITIONS
1. Recommendation: Add the definition "Commercial and /or
trade school, to wit: "Commercial and /or trade school
shall mean a private institution conducting regular
instruction in business, commercial, or trade skills."
2. Recommendation: Amend "coverage" to read: "Shall mean
the percentage of total building site area covered by
enclosed structures and /or carports, but excluding un-
covered steps, driveways, and walks, covered patios and
lanais, terraces and swimming pools."
3. Recommendation: Amend "Dwelling, Single Family ", to wit:
"Dwelling, Single Family, shall mean a detached building
designed for the use of one family."
Mr. Donald Hudson, 6153 Lawrence, Cypress, asked if this
amendment would preclude one adult, for example, a grandparent,
from living with a family. The staff responded that it would not.
4. Recommendation: Staff recommends no change in the defini-
tion of commercial and non - commercial kennels.
SECTION 13 - SPECIAL USES & CONDITIONS
1. Recommendation: Amend Section 13.2, subsection "A ",
Item #17, to wit: "No in- person sales shall be conducted
on the premises."
2. Recommendation: Add Section 13.2, subsection "C ", to wit:
"The Planning Commission shall review newly- issued home
occupation permits on a quarterly basis."
SECTION 15 - SIGNS
1. Recommendation: Amend Section 15.1, Item "E ", to wit:
"Canopy signs shall not project above the canopy and signs
attached to a building shall not project above the eave
line except as approved by the Commission under Design
Review."
2. Recommendation: Amend Section 15.3, subsection "C ",
Item 1, to include the following: "All sale and rental
signs shall be removed within 30 days of the date of sale."
3. Recommendation: Amend Section 15.3, subsection "C ",
Item 6, to wit: "For the purpose of administering this
section, apartment or group housing complexes of thirty
(30) units or more shall be considered within the def-
inition of a "subdivision." Apartment complexes may
display directional signs for a period of two years
following final construction inspection or until one
hundred percent (100 %) of the units have been rented
or whichever occurs first."
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Planning Commission Minutes November 7, 1974
SECTION 16 - NON - CONFORMING USES, STRUCTURES, SCREENING,
PERFORMANCE STANDARDS, AND SIGNS
1. Recommendation: Amend Section 16.8, subsection "D ",
to wit: "(1) In any R zone, removal of a non - conforming
advertising or identification sign or structures....
1 year; (2) In any zone, removal of a non - conforming
sign painted on a wall or board....6 months; (3) In any
zone, elimination of non - conforming lighting or move -
ment....6 months; (4) In any zone, elimination of all
other non - conforming signs and roof signs....1 year;
(5) In any zone, removal of billboards....2 years.
SECTION 17 - ADMINISTRATION
1. Recommendation: Amend Section 17.2 -8 to read: "The
decision of the Planning Commission shall be final
within fifteen (15) days from the date of the decision
and upon receipt by the Planning Department of a signed
agreement to the conditions of approval unless an appeal
has been filed to the City Council."
2. Recommendation: Amend Section 17.3 -12 to read: "A
decision of the Planning Commission on a variance
shall be effective fifteen (15) days after the date
of the decision and upon receipt by the Planning Depart-
ment of a signed agreement to the conditions of approval
unless an appeal has been filed. A variance shall
become effective immediately after it is granted by the
City Council."
3. Recommendation: Amend Section 17.6 -3 to include the
following statement: "Failure of the City Council to
act within the time period prescribed by this section
shall be deemed approval of the Planning Commission action."
Mr. Donald Hudson, 6153 Lawrence, Cypress, inquired if the
City Council could delay acting on an appeal, which would
result in no appeal by an applicant.
4. Recommendation: Amend Section 17.7 -1, Item "A ", by
deleting the word "decision" and inserting the word
"decrease." (Correction of typographical error.)
5. Recommendation: Amend Section 17.7 -1, Item "D ", to
read: "An increase of not more than 20 percent in the
permitted height of a fence or wall subject to the
review and conditions of the Public Works Director."
6. Recommendation: Amend Section 17.7 -1 to include Item
"G ", to wit: "A decrease in the required rear yard
setback to a minimum of 10 feet on subdivided lots in
the RU Zone with pre- existing substandard lot depth or
lot area, or both, providing that a minimum of 1200
square feet of open usable rear yard area is maintained.
Said open area shall not include the prolongation of
the side yard setback on the building addition side."
7. Recommendation: Amend Section 17.7 -1 to include Item
"H ", to wit: "A decrease in the number of required
parking spaces of not more than ten percent."
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Planning Commission Minutes November 7, 1974
8. Recommendation: Amend Section 17.7 -1 to include Item
"I ", to wit: "An increase of not more than 10 percent
in the permitted maximum allowable lot coverage."
9. Recommendation: Amend Section 17.7 -1 to include Item
"J ", to wit: "An increase of not more than 10 percent
in the permitted height of buildings."
SECTION 18 - DESIGN REVIEW
1. Recommendation: Amend Section 18.4 to read: "A decision
of the Planning Commission shall be effective immediately
upon receipt by the Planning Department of a signed
agreement to the conditions of approval unless an appeal
has been filed by the applicant."
Chairman Hart declared the hearing closed.
Commissioner Van Allen inquired about the Commission's auth-
ority in cases where conditions of approval and development
requirements are not being maintained and he cited the com-
mercial center on Lincoln Avenue across from Forest Lawn and
the shopping center at Moody and Orange as examples where
the landscaping is not being maintained.
The Planning Director advised that the Commission retains
control over any conditional use permit development and may
review the original development with the possibility of re-
vocation of the permit if the conditions are not being met.
He reported that the landscaping at the shopping center on
Lincoln Avenue was torn up to provide for construction of
the necessary sewer line and the staff would probably request
the applicant to replace the landscaping when the motel phase
of the development is constructed. Commissioner Mullen rec-
ommended that the new landscaping conform with the scheme
in that area along Lincoln Avenue and consist of turf, trees,
and shrubs along the entire length of Forest Lawn on the south
side of Lincoln Avenue. The Planning Director indicated
he would meet with the owner of the Orange /Moody shopping
center and request compliance with the landscaping require-
ments.
ADJOURNMENT:
Chairman Hart adjourned the meeting at 10:30 p.m. to Monday,
November 18, 1974 at 7:30 p.m. in the Cypress City Council
Chambers for the purpose of conducting a joint meeting with
the City Council for presentation of Phase 2 of the Lincoln
Avenue Study.
ATTEST:
-12itAqA-L, 6 6J&A.
CHAIRMAN OF THE PLANNING COMMISSION
SEC' TARP OF THE PLANNING COMMISSION