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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. -2- 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. -3- 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. -4- 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." -5- 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." -6- 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