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HomeMy WebLinkAboutMinutes 1974-11-21MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD November 21, 1974 The regular meeting of the Cypress Planning Commission was called to order at 4 :05 p.m. on Thursday, November 21, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Dennis Hart presiding. PRESENT: ABSENT: Commissioners Greenwood, Mullen, Van Allen, Walsh and Hart None Also present was Brian Hawley, Planning Director. Chairman Hart announced that the following items would be considered in the Conference Room. ADMINISTRATIVE MATTERS: 1. Design Review, RJ Pool Supplies, 9212 Walker Street - Sign Plan, Landscaping and Irrigation. The applicant presented the landscaping and sign plans for a swimming pool supply store at 9212 Walker Street and the Planning Director described the sign construction which would consist of wood paneling attached to the building, entirely covering the garage door, with seven inch wood block lettering. He suggested that the amount of landscaping in front of the garage door could be reduced. It was moved by Commissioner Mullen, seconded by Commissioner Greenwood and unanimously carried to approve the sign plans, landscaping and irrigation for RJ Pool Supplies, 9212 Walker. 2. Tentative Parcel Map, Leal Dairy, corner of Valley View and Ball. The Planning Director presented the tentative parcel map for the shopping center development at the southwest corner of Valley View and Ball. Road and stated the map was in conformance with the State Subdivision Map Act. He rec- ommended that two conditions be attached: (1) that the Commission reaffirm that all conditions relating to Condi- tional Use Permit #74 -8 are applicable to the development, and (2) that curb and gutter be installed along the 134 feet of frontage on Ball Road to facilitate drainage of the property. It was moved by Commissioner Greenwood, seconded by Com- missioner Walsh and unanimously carried to approve the tentative parcel map for the Leal Dairy property at the southwest corner of Valley View and Ball Road subject to the two conditions recommended by the staff. 3. Review of plot plans for Variance #74 -8. Mr. Bert Seidenberg, the applicant, presented diagrams which showed that visibility of his rear neighbor's yard would be increased by only six feet with the proposed addition as compared to the visibility from an addition on the existing home which could be constructed without a variance. He did not feel additional screening was necessary because it would be provided by the existing trees if they are allowed to grow. Planning Commission Minutes November 21, 1974 The Commissioners felt that the rear neighbor's main objection, as expressed at the November 7 meeting, was to a two -story dwelling being located in the tract and they felt the use of the room addition as a bed- room and screening by the existing trees would not have an undesirable affect on the neighbor's privacy. Commissioner Van Allen stated he opposed approving the plans since the neighbor was assured at the last Commission meeting that screening provisions would be required and he did not have an opportunity to voice any objections at this time. Following further discussion, it was moved by Commis- sioner Greenwood, seconded by Commissioner Mullen and unanimously carried to approve the plot plans for Variance #74 -8 as presented. The Commission directed the staff to transmit a letter to the neighbor to the rear, Mr. Paul Mouer, 6651 Reefton, Cypress, advising him of the reasons for the Commission's approval. 4. Conditional Use Permit #73 -9, Eugene Vaughn pre- school, requested waiver of conditions. The Planning Director transmitted to the Commission a letter from Mr. Eugene Vaughn which requested a waiver of the re- quirement to install a fire hydrant to serve the proposed pre - school at 8582 Acacia Drive. Mr. Vaughn stated that the $9,000 cost of the installation would be prohibitive to the development. He stated that he did not feel the absence of a hydrant would affect the safety of the children since they would have ample time to leave the building in case of a fire and that the building conformed to the City's Building Code and State Fire Marshal requirements. Captain Jim Farrell, of the Orange County Fire Protection District, stated a water main would have to be installed in Acacia Drive from Crescent Avenue to the subject property. He stated the building met State requirements for school construction but the State Code did not address the question of fire hydrant installation. The Commission felt the applicant should not be required to install the water line which would benefit all adjacent properties and felt the pre - school was a high quality development which fit in well with the surrounding neigh- borhood and should not be jeopardized. Commissioner Van Allen stated he was opposed to waiving the requirement since the safety of children was involved. It was moved by Commissioner Mullen, seconded by Commissioner Greenwood and carried, with a no vote by Commissioner Van Allen, to waive the requirement for installation of the water line and fire hydrant for Conditional Use Permit #73 -9, Yankee Doodle Pre - School, 8582 Acacia Drive. RECESS: Chairman Hart recessed the meeting at 6:00 p.m. until 7:30 p.m. CALL TO ORDER: Chairman Hart called the regular meeting of the Cypress Planning Commission back to order at 7 :35 p.m. in the Cypress City Council Chambers with the following Com- missioners in attendance: PRESENT: Commissioners Greenwood, Mullen, Van Allen Walsh and Hart ABSENT: None -2- 2 Planning Commission Minutes November 21, 1974 Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, and Roger Grable, Deputy City Attorney. PLEDGE OF ALLEGIANCE: Commissioner Mullen led the pledge to the flag. ORAL COMMUNICATIONS: Chairman Hart inquired if anyone in the audience wished to speak in regard to any matter not on the agenda. There was no one who wished to speak. The Planning Director recommended that public hearings two and three on the agenda be taken out of order. PUBLIC HEARING RE: VARIANCE #74 -9 - MELVEN GENSER OUTDOOR SIGNS: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed variance to maintain an off -site subdivision sign identifying types of housing developments currently under construction by S & S Development Company on the northerly side of Orange- wood Avenue between Valley View Street and Knott Street. Said subdivision sign is located at the southwesterly corner of Knott Street and Katella Avenue in the MP- Planned Research and Development Park Zone. Chairman Hart opened the public hearing and asked for the staff's report. The Planning Director read a letter from the applicant requesting that the hearing be continued to the Commission's next meeting because the applicant was attempting to remove one of the existing on- site /off -site signs located in the development. The Planning Director recommended the con- tinuance and stated that, if the sign is removed, it would negate the need for a variance. It was moved by Commissioner Van Allen, seconded by Com- missioner Walsh and unanimously carried to continue the public hearing regarding Variance #74 -9, Melven Genser Signs, to the December 5, 1974 Commission meeting. PUBLIC HEARING RE: VARIANCE #74 -10, PATRICK & JUDITH DUFFY: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed variance to construct an addition to an existing single- family dwelling, portions of which will encroach into the re- quired rear yard setback without providing the minimum amount of open rear yard area on property located at 6563 Teakwood Street in the RU- Residential Urban Zone. He requested that the staff present its report. The Planning Director presented Staff Report PC #74 -47 dated November 12, 1974 which described the variance and proposed room addition. Chairman Hart inquired if the applicant wished to speak. Mr. Patrick Duffy, 6563 Teakwood, Cypress, stated the room addition would help meet the needs of his growing family and that they could not afford a larger home. Chairman Hart inquired if anyone wished to speak in favor of Variance #74 -10 or in opposition. No one else wished to speak in favor or opposition and the Chairman closed the public hearing. In their consideration of the variance request, the Com- mission felt the variance was similar to others previously approved. -3- Planning Commission Minutes November 21, 1974 It was moved by Commissioner Greenwood and seconded by Commissioner Van Allen to approve Variance #74 -10 with the findings contained in the staff report that: (1) there are exceptional circumstances or conditions applicable to the property involved (the parcel being substandard in width (50'), depth (96'), and area (4800 square feet) to minimum requirements in the RU Zone) that do not apply generally to other properties in the same zone classifi- cation 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 prop- erties in the same zone as all of the parcels in this tract are equally substandard in size and shape. Similar requests have been justified in the past and granted by either the Planning Commission or City Council. In this case, the applicant is faced with the same hardships and unusual circumstances and is merely requesting equal consideration; and (3) the granting of the variance will not be detri- mental to the public health or welfare nor injurious to adjacent properties because all of the surrounding parcels and dwellings are of similar size and because architec- tural style and building materials will match existing architecture on the dwelling in question and all of the surrounding dwellings in Tract #6705. Variance #74 -10 was approved subject to the following conditions: 1. Approval of this request shall not excuse com- pliance with all other rules and ordinances in effect at the time the variance is exercised. 2. The proposed addition shall be constructed in substantial compliance with the submitted plot plan. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Mullen, Van Allen, Walsh and Hart 0 COMMISSIONERS: None 0 COMMISSIONERS: None CONTINUATION OF 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. The Chairman asked the staff to present its report. The Planning Director presented Staff Report PC #74 -50 dated November 14, 1974 which recommended amendments to Sections 10, 15, 17, and Section II - Industrial Zones of the Zoning Ordinance. The Planning Director summarized each of the amendments. The Planning Director recommended the deletion of Recom- mendation #13 under Section 10, relating to front yard setbacks in the CH Zone, at this time and stated a rec- ommendation would be presented at a later date. He also recommended that the Commission delete No. 2 of Recommenda- tion #11 under Section 10, regarding lot depth in the CH Zone and that the Commission rescind its previous action at the last meeting regarding the amortization of non- conforming signs since both affected properties along Lincoln Avenue. He stated the staff would make recommenda- tions regarding these items at the time it presents the Lincoln Avenue implementation program. -4- Planning Commission Minutes November 21, 1974 It was the consensus of the Commission to rescind its action taken at the November 7, 1974 meeting regarding the amendment to the Zoning Ordinance pertaining to sign amortization. The Deputy City Attorney recommended the following amendments which were not included in the staff report: 1. Section 17.3 -7, Item B, delete the phrase "or to the intended use of the property ". The purpose is to eliminate confusion and bring this into conformance with recent changes in State law. 2. Section 17.3 -7, Item D, change to read: "That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other prop- erties in the vicinity classified in the same zone." The original finding was more restrictive than the State law and this change would make it consistent with the law. Chairman Hart inquired if anyone wished to speak in favor or in opposition to the amendments to the Zoning Ordinance. There was no one wishing to speak in favor or in opposition. Commissioner Van Allen recommended a change in Recommendation #11, under Section 10 to substitute the word "more" in place of "less" before the word "detrimental." He pointed out a typographical error in Recommendation #1 under Section 15 - Signs, which should read Section 15.3 rather than 15.2. Commissioner Van Allen questioned whether dairy products stores and drug stores and pharmacies should be condi- tional as permitted uses, whether nurseries and garden supply stores in the CN Zone should be subject to a conditional use permit, and he requested a description of the types of variety stores listed as a permitted use in certain commercial zones. The Planning Director clarified why these were listed as permitted uses in the various zones. Regarding Section 10 - Commercial Zones, Commissioner Mullen questioned whether steam compressor equipment is used in tailor shops and men's clothing stores, dressmaker and millinery shops, and decorating and drapery shops. He felt that the exhaust from this machinery could cause annoyance to adjacent residential uses. The Planning Director recommended that the tailor shops could be subject to a conditional use permit in the CN Zone which would be consistent with similar uses in the CN Zone, like laundary service uses, which are subject to a conditional use permit. He indicated that the intention of the decorating and drapery shop use was to permit sales activities and he recommended that the use be listed as "Decorating and Drapery Sales Shops." There being no further discussion, Chairman Hart declared the public hearing closed. It was moved by Commissioner Greenwood and seconded by Commissioner Walsh to approve the amendments with the exceptions recommended by the staff and including all changes recommended by the attorney and Commission. The -5- Planning Commission Minutes November 21, 1974 motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Mullen, Van Allen, Walsh and Hart 0 COMMISSIONERS: None 0 COMMISSIONERS: None Commissioner Mullen inquired about the possibility of establishing special restrictions in the Zoning Ordinance for landscape treatment on the south side of Lincoln Avenue directly across from Forest Lawn. He felt that the City has few outstanding visual assets and a grassy type setback a minimum of 20 feet wide could create a distinctive and attractive approach to the City. The Planning Director advised that the Commission could set a landscaping scheme for this section of Lincoln Avenue and could require its enforcement at the time development applications are presented for design review. Chairman Hart suggested that any action be deferred until the Lincoln Avenue improvement program is presented for implementation. ADJOURNMENT: Chairman Hart declared the meeting adjourned at 8:20 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: RETA THE PLANN G COMMISSION