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Minutes 1975-04-03MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD April 3, 1975 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, April 3, 1975 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, and Deputy City Attorney Roger Grable. PLEDGE OF ALLEGIANCE: Commissioner Walsh led the pledge to the flag. MINUTES: February 20, 1975 and March 6, 1975 It was moved by Commissioner Greenwood, seconded by Com- missioner Walsh and unanimously carried to approve the February 20 minutes as corrected. It was moved by Commissioner Mullen, seconded by Commis- sioner Walsh and unanimously carried to approve the March 6, 1975 minutes as corrected. ORAL COMMUNICATIONS: Chairman Hart inquired if anyone in the audience wished to speak in regard to any matter not on the agenda. The Planning Director requested that the Commission add Item #5 under Administrative Matters to the agenda regarding review of plot plans for commercial buildings to be located at the southwest corner of Valley View and Ball Road. Chairman Hart added this to the agenda. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE GENERAL PLAN - NOISE ELEMENT: Chairman Hart announced that this was the time and place for the continuation of the public hearing to consider a proposed amendment to the General Plan of the City of Cypress for the adoption of a Noise Element. This Element, prepared by Olson Laboratories, Inc., contains a quantitative analysis of the existing and projected noise levels throughout the community. Chairman Hart asked the staff to present its report. The Planning Director reported that he had made changes and amendments to the Noise Element document to reflect the comments and concerns expressed by the Commission at the March 6 hearing. He stated the preface was expanded and appendices were retained to comply with State law which suggests the inclusion of materials used in the prep- aration of the Element. He stated changes made in the Goals and Objectives section attempted to make the document more applicable to the City of Cypress. Planning Commission Minutes April 3, 1975 Commissioner Mullen stated the rewritten document was much more satisfactory and answered all his concerns expressed at the last meeting. He stated he appreciated the reference in the preface to the Katella /Valley View test site and fact that aircraft noise was not represented in the test. Commissioner Greenwood supported Goal #4 which included the prohibition of off -road vehicles in urban areas. The Planning Director stated he felt the original recommendation was too stringent and it was rewritten to allow off road vehicles in areas which might be specifically designed for their use. Chairman Hart stated the hearing was open and he asked if anyone wished to speak in regard to the Noise Element. Mr. Frank Butler, 9668 Oakmount, Cypress, asked why noise readings from aircraft at Los Alamitos Air Station were not included in the document. The Planning Director stated that on the two days tests were made at Katella and Valley View there were no instances of over - flying aircraft but that this did not indicate that all types of development would be permitted in that area. He stated that when specific development plans are presented more comprehensive sound studies will be required in the environmental impact report. Mr. Butler asked if the Element included a report on a noise analysis made in 1963 and the staff stated this analysis was included in the bibliography. Mr. Howard Rowan, 5831 Shirl Street, Cypress, stated that the capacity and capability of the air station should be considered when planning around the air station as well as the fact that operations could change at any time. He stated the 8,000 foot runway at Los Alamitos could handle any type of jet aircraft. He felt that planning should not be guided by the least amount of development or least amount of aircraft operations which might occur in the area. There was no one else wishing to speak and Chairman Hart closed the public hearing. It was moved by Commissioner Van Allen and seconded by Commissioner Greenwood to adopt a resolution recommending that the City Council adopt the Noise Element of the General Plan. Commissioner Van Allen stated he approved of the change regarding the prohibition of off road vehicles and felt the original recommendation was discriminatory against this type of vehicle. He approved of the goal recommending the adoption of a community noise ordinance and he felt additional work would be needed to prepare a sensible ordinance to regulate noise within the city. -2- Planning Commission Minutes April 3, 1975 Chairman Hart stated that the Planning Commission had held long discussion on the Element at the last meeting and had reviewed the document and asked that it be rewritten by the staff. The motion was unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: Greenwood, Mullen, Van Allen, Walsh and Hart NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None At the Planning Director's request, Chairman Hart added Item #6 to the agenda under Administrative Matters regarding access to public facilities by the handicapped. PUBLIC HEARING RE: ZONE CHANGE #75 -1 - DAVID RECUPERO: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed amendment to the Zoning Ordinance on eight parcels of land situated on the westerly side of Knott Street adjacent to the southerly side of the Southern Pacific Railroad right of way from the County A -1 Agricultural Zone to the City RU Residential Urban Zone. The Chairman asked for the staff's report. The Planning Director summarized Staff Report PC #75 -5 dated March 27, 1975 which described the property charac- teristics and surrounding land uses and the history of planning and zoning activities. He reported that the latest action was the City Council approval of General Plan Amend- ment #74 -2 which changed the land use designation from ind- ustrial to low - density residential. The Planning Director advised the Commission of a possible referendum election on the property if the referendum petition is certified. He stated that the applicant could pursue the zoning and subdivision actions at his own expense and risk and if the referendum is unsuccessful, the applicant would lose no time with the applications. If the referendum is successful all previous zoning or planning approvals would be invalid. Chairman Hart opened the hearing and asked if the applicant wished to speak. Mr. David Recupero, 6182 Softwind, Huntington Beach, California, representing Continental Multi - Homes, Inc. stated he had nothing to add but concurred with the staff report. Chairman Hart asked if anyone wished to speak in favor of Zone Change #75 -1. No one wished to speak in favor. He asked if anyone wished to speak in opposition. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, did not feel the hearing should be held since he felt the will of the people of Cypress was clearly expressed by one -third of the residents signing the referendum petition. He felt citizens are overburdened by taxes and residential develop- ment and that residential development should not be jammed between the railroad and industrial development. Mr. Hardcastle stated he did not feel the hardship to the property owners or matter of peoples' rights should be involved in planning considerations since they were not considered in the past. He felt the subject property had as high a value as any property in the state and was always potentially developable. He felt the will of the people of Cypress was being ignored by the elected officials whose duty is to represent the citizens. -3- Planning Commission Minutes April 3, 1975 Mr. Howard Rowan, 5831 Shirl Street, Cypress, president of the Cypress Citizens' Association, felt the promise to residents that the property would be included in the ordin- ance requiring a vote on a zone change from industrial to residential was violated. He felt that if the City Council conducts a special election on the property they would be prejudging the issue. He felt it was presumptuous for the City to conduct the hearing when 2,000 voters, or 15 %, have expressed their opinion against the zone change. Mr. Rowan stated the residents felt the property was the wrong location for residential development and he felt the Council's decision to override the Airport Land Use Commission, which is a body appointed under State law, was based on their opposition to the authority of another governmental body. Lieutenant Commander Brown, Public Works Officer at Los Alamitos Naval Air Station, stated the Navy's position was that it opposed residential development on the 575 acres adjacent to the Air Station because of the safety factor and complaints received from homeowners about heli- copters and planes flying over existing homes. He stated that during the last six months the station has flown only 30% of its scheduled flights because of budget restraints and that when more funding is received helicopter flights will resume. He stated the flight approach paths crossed over both the west and south portions of the property and the station felt it had a responsibility to protect residents who live under the flight paths. He did not feel the Defence Department would keep the base without putting planes on it. Mr. David Recupero responded to the comments. He felt the 2,000 signatures on the initiative petition was not repre- sentative of the entire City since there was a possibility the petition drive was conducted by only the executive committee of the Cypress Citizens' Association. Regarding Mr. Rowan's comment that the City Council took no testimony when it overrode the Airport Land Use Commission, Mr. Recupero stated the Commission had no hearing during which to question the information presented regarding noise rating zones. Mr. Recupero stated that the Army /Navy /Air Force Tri- Services Manual regarding aircraft noise from the Defence Department which provides three noise rating zones around airfields listed the property in the CNR 1 zone which is a compatible zone with residential development and which has the least frequent and intense noise impact on other land uses. Mr. Recupero felt the applicant presented significant testimony to demonstrate that the property represented good planning for the intended use. Chairman Hart asked for the Attorney's opinion on the propriety of conducting the hearing. Mr. Grable stated that there is no requirement that the General Plan amend- ment be in effect in order for the Planning Commission to consider the zone change and that the only limitation on the Commission's action regarding zoning is that it not be closer than two weeks after their recommendation to the Council to amend the General Plan. Mr. Grable also stated that the effective zone change is conditioned upon annexation of the property to the City and a hearing before the Council on the zone change is proper. He stated that since the application was made to the City, the Commission has no alternative but to consider it at this time. Chairman Hart closed the public hearing. -4- Planning Commission Minutes April 3, 1975 Chairman Hart stated that the Commission previously deter- mined that the General Plan amendment was necessary and the zone change was the next logical step. He felt the Commission is aware that the matter may be decided by the residents of Cypress in the future, however, the Commission must make a decision based on the information available at this time. Commissioner Mullen felt the Commission had an obligation to make its decision based on testimony and planning con - sideritions and not on political implications which were presented at this meeting. He felt the political decisions were the Council's and not the Commission's responsibility. Commissioner Mullen stated he had never seen any petitions regarding this property and therefore could give no weight or make a decision based on the petitions. He felt the will of the people would be expressed in an election and he did not feel the will of the people had been expressed at this time. He stated he heard nothing to demonstrate that the development proposal is not in the best interests of the City. Commissioner Mullen felt the impact of aircraft on housing on the subject property would be less detrimental than it already is on the area to the north which is less compatible with aircraft flights. He felt the development proposal had merit based on the fact that eight ownerships would be brought together in a comprehensive development and the present dilapidated condition of the property would be changed to an attractive addition to the City. It was moved by Commissioner Mullen and seconded by Com- missioner Greenwood to adopt a resolution recommending that the City Council approve Zone Change #75 -1. Commissioner Van Allen stated he felt greater emphasis had been placed on the specific development plan rather than on what is the proper and appropriate use of the property. He felt there was a strong analogy between this property and County property on the north side of Lincoln which was proposed for a mini - storage warehouse development. In con- sidering that application he felt more concern was given to the architectural treatment, safety factors and circulation rather than whether the zone classification was proper if the property were annexed to the City. He stated he realized the implications of the future Navy use of the air base and that his previous action was not a vote specifically against single- family homes. Commissioner Van Allen stated that the wrong points were addressed in considering the application and that the Commission's decision was based on the legal complications and hardship to the property owners. He stated he was not adverse to a change of classification but felt the applicant had to sufficiently demonstrate what is the appropriate zoning for the property and had not done so at this time. Commissioner Mullen stated he felt much of the opposition to the proposal was based on a fear that this decision would be a foot in the door for residential development of the Harvey property. He felt this property owner should not be unfairly burdened with the implication of any rezoning of the Harvey property and that the future land use of the Harvey property should be considered separately. Planning Commission Minutes April 3, 1975 Commissioner Van Allen stated his comments did not carry any implications about the Harvey property. He felt the Planning Commission and City Council did not have to defend the existing zoning classification on the property and that it was the applicant's responsibility to prove that the classification is improper and should be changed. Chairman Hart felt the applicant demonstrated the appro- priateness of the zone change with the density and type of development he proposed. He did not feel a better plan could be developed that would be saleable for commercial or industrial uses based on the configuration of the property and isolated frontage. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COMMISSIONERS: 1 COMMISSIONERS: 0 COMMISSIONERS: Greenwood, Mullen, Walsh and Hart Van Allen None The Planning Director stated this matter would probably be scheduled for a hearing before the Council on April 28. ADMINISTRATIVE MATTERS: The Planning Director asked that Items #3, 5 and 6 be taken out of order since there were persons present to hear these matters. 1. Review of modification of plot plans approved under Conditional Use Permit #73 -3 - Peter Giovannoni - 4320 Lincoln Avenue. The Planning Director reviewed the plot plans and modifica- tions proposed for the shopping center, motel, and apartment development on the south side of Lincoln, west of Denni. He stated the circulation problems necessitated a division of the motel units on the west to allow for a driveway to connect the shopping center with the private road along the westerly property line. Traffic could then exit from the westerly driveway and travel west on Lincoln through the median opening. He indicated that at present, motorists had to exit from the easterly driveway and make a U -turn at Denni to travel west on Lincoln. He stated the applicant would submit revised plans for the motel development since he proposed to flip the motel units over on the south property line to allow for better access to the private road on the west boundary. The Planning Director indicated there would be no reduction in the number of motel parking spaces. He pointed out that motel units #2 through 8 included kitchenettes and were larger than the other units and had a 10 foot setback. It was moved by Commissioner Mullen, seconded by Commis- sioner Walsh and unanimously carried to approve the modifi- cation of the plot plans approved under Conditional Use Permit #73 -3, Peter Giovannoni. -6- Planning Commission Minutes April 3, 1975 2. Review of plot plans for commercial buildings - southwest corner of, Valley View and Ball Road. The Planning Director reviewed the plot plans and described the building materials and design for the satellite stores in the shopping center at the southwest corner of Valley View and Ball Road. He also presented the plot plan and elevations for the bank building to be located in the southeast corner of the center. He stated the building materials for the satellite stores would follow a similar treat- ment as the Albertson's store and the bank would follow the architectural treatment for the Plankhouse restaurant. It was moved by Commissioner Mullen, seconded by Commissioner Van Allen and unanimously carried to approve the plot plans for the commercial buildings at the southwest corner of Ball Road and Valley View. 3. Periodic review of new home occupation permits, September 1974 through December 1974. 4. Report on the review of all home occupation permits. The Planning Director presented a memorandum dated February 26, which listed the applicant, address, zone, proposed occupation and conditions attached to home occupation permits issued between September and December, 1974. The Planning Director also presented a memorandum dated February 28 which indicated that, in the past, home occupa- tion permits were reviewed at the time of renewal of the business license issued for each occupation. To save staff time, the Planning Director proposed that the home occupation permits be reviewed in October, at the end of the business license renewal period which extends from July to September. It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to receive and file the reports regarding the review process and review of new home occupation permits issued from September through December, 1974. 5. Consideration of access to public facilities by the handicapped. The Public Works Director presented a status report on accommodations for the handicapped in response to inquiries from Commissioner Greenwood. He reported that in February, 1963 a report was prepared which proposed the construction of a ramp on the north side of the administrative offices from Grindlay Street to the Civic Center and an elevator at the northwest corner of the Council Chambers. He stated these were deleted from the 1973/74 and 1974/75 budgets because of insufficient funds. He stated the staff proposed the ramp in the 1975/76 capital improvements program which would cost approximately $2,000. Regarding the City's compliance with the new State law requiring accommodations for the handicapped, he reported that, starting in August, 1972, all new subdivisions were required to provide curb ramps at street corners. The Public Works Director reported that the City had received a request from Cypress College to provide curb ramps at the intersections of arterial streets around the college and that the staff had prepared an estimate for a cooperative project with the City of Buena -7- Planning Commission Minutes April 3, 1975 Park. He stated the College had since withdrawn their request and would provide on campus parking for the handi- capped and access ramps to the buildings on campus. The Public Works Director stated he was not aware of any retro- active provisions of the new law. 6. Discussion of Planning Commission recognition award. The Planning Director submitted his recommendations for the Commission recognition award of outstanding businesses in the City. They were System Reefer Service, Inc. and Hyatt Die Cast and Engineering Corp. on Lincoln and the Enco service station at the northwest corner of Ball Road and Valley View. He recommended System Reefer for the attractive landscaping treatment, the Enco station for their well maintained landscaping and control of signs, and Hyatt Die Cast for their landscaping treatment of grass, trees and shrubs which provided an attractive appearance along Lincoln Avenue. The Planning Director asked that the Commissioners contact him with their recommendations for the award. Commissioner Greenwood asked if the Attorney could investi- gate the possibility of the Council adopting an ordinance to require developers to post a bond to maintain landscaping. He felt this was the only method to get developers to main- tain landscaping without taking punitive action and stated this policy worked in other cities. The Deputy City Attorney stated in discussing this matter with the staff they felt a one year landscaping bond could be required as a condition of approval for developments under a conditional use permit, variance or lot split. The Planning Director recommended that the Commission try this method and see how it works out. Commissioner Van Allen asked if a joint meeting with the City Council had been arranged. The Planning Director stated April 14 was originally suggested and that he would be absent at that meeting. He requested that the City Manager recommend to the Council the afternoon of April 28 for the joint meeting. The Planning Director stated he would confirm this date at the next Commission meeting. The Planning Director reported that he had scheduled a public hearing on the Lincoln Avenue Study -Phase II report for April 10 which will be a special Commission meeting. ORAL COMMUNICATIONS: Mr. Howard Rowan, 5831 Shirl Street, Cypress, asked if zoning must comply with the General Plan and the Attorney advised that it must. Mr. Rowan questioned if it was proper to conduct the hearing on the zone change if the General Plan amendment was not yet made. The Deputy City Attorney stated the only constraint on the Planning Commission holding the zoning hearing is that the hearing not be held within two weeks of their recommendation to the Council to amend the General Plan. Mr. Rowan criticized the procedure for presenting testimony at hearings and felt that in a proponent /opponent situation points made in rebuttal need rebuttal which can't be made with the present procedure. He also felt that pertinent information could be presented after a hearing is closed -8- Planning Commission Minutes April 3, 1975 in which case a body would be carrying on uninformed dis- cussion. Mr. Rowan stated he was considering another ini- tiative to modify the testimony procedures. ADJOURNMENT: Chairman Hart adjourned the meeting at 9:45 p.m. to Thursday, April 10, 1975 at 7:30 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANNIN COMMISSION