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Minutes 1975-10-02MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD October 2, 1975 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, October 2, 1975 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 were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, Ryan O'Brien, Planning Aide, and Roger Grable, Deputy City Attorney. PLEDGE OF ALLEGIANCE: Commissioner Van Allen led the pledge of allegiance. MINUTES: September 18, 1975 It was moved by Commissioner Greenwood, seconded by Commissioner Walsh and unanimously carried to approve the minutes of September 18, 1975. ORAL COMMUNICATIONS: Chairman Hart inquired if anyone in the audience wished to speak in regard to any matter which was not on the agenda. No one wished to speak. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -10 - GARY D. BOBERG: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed conditional use permit to provide for the keeping and raising of one Prairie Falcon at a single- family residence located at 9451 Alderbury Street, Cypress. Chairman Hart asked for the staff's report. The Planning Director summarized Staff Report PC #75 -19 dated September 29, 1975 describing the proposed appli- cation. Also transmitted was a memorandum from the Business License /Zoning Inspector outlining the procedure for obtaining a falconry license and habits of the Prairie Falcon. He presented slides showing the Prairie Falcon and place of residence and presented a sound recording of the bird. The Planning Director reported that the staff had made four unsolicited visits to the property and on all occasions the falcon was either indoors or tied to its perch in the backyard. He reported the staff found no valid reasons to deny the permit and recommended its approval. Chairman Hart declared the hearing open and asked if the applicant wished to speak. Mr. Gary Boberg, the applicant, and attorney James E. Delaney representing the applicant, 1212 North Broadway, Suite 115, Santa Ana, California, stated that he had a petition signed by homeowners living within 300 feet of the applicant's residence which expressed a favorable attitude towards granting of the permit (petition was not submitted at the hearing.) Mr. Boberg stated the prairie 2. Planning Commission Minutes October 2, 1975 falcon is always tethered when it is in the yard or house and is only let loose in a remote area near Brea when he takes it out to hunt and train. Chairman Hart asked if anyone wished to speak in favor of C.U.P. #75 -10. Mr. James Zechmeister, 9452 Alderbury, Cypress, indi- cated he has been a friend of the applicant for 11 years and spoke in regard to his fine character, honesty and interest in raising birds as a hobby. He stated the applicant does not allow the bird to be loose, he gives it personal supervision and training and the bird does not make alarming noises or harass children in the neighborhood. He felt denial of the permit would be unjustified. Chairman Hart asked if anyone wished to speak in oppo- sition to C.U.P. #75 -10. Mrs. Violet Price, 9461 Alderbury, Cypress, presented a prepared statement to the Commission which outlined her objections to the granting of the permit. Trans- mitted with the statement was a petition signed by 20 individuals requesting denial of the permit because of the health hazard and noise caused by the bird. Mrs. Price charged that birds of prey have been loose on the property and make excessive screeching noises. Chairman Hart asked if anyone else wished to speak. Mrs. James Zechmeister, 9452 Alderbury, Cypress, spoke in favor of granting the permit. She stated she is home all day and the falcon makes very little noise. She indicated neighborhood dogs make more noise. Mr. Chris Young, 4742 Petaluma, Lakewood, California, spoke in favor of granting the permit. He stated the applicant takes excellent care of the falcon and regu- larly checks it for diseases. He indicated the bird makes very little noise. In response to questioning by the Commission, the appli- cant stated he owns only one bird of prey. He stated he hand feeds the falcon beef heart, pigeons and quail but no live food. He stated he purchases live chicks but kills them for the falcon. Mr. Boberg stated that he takes the falcon out near Brea every opportunity he can which is usually every day for the bird to hunt live prey. He indicated he is raising the falcon and training it as a hobby and for hunting and that the bird would not be used for competition. He stated the only other animals on the property are a dog and two cats and the falcon does not bother these pets. Mr. Boberg described how he obtained the falcon and became licensed and stated he agreed with all conditions of approval. Chairman Hart closed the public hearing. Commissioner Mullen felt many of the objections raised by Mrs. Price in her report were unrelated to the permit application and he stated he could find few reasons to justify denial. Commissioner Van Allen felt the Commission should have an opportunity to review the permit and that the condi- 3. Planning Commission Minutes October 2, 1975 tional use permit should apply only to the existing bird. He felt if the applicant acquires another bird it should be subject to another conditional use permit. The Planning Director reported that the prairie falcon is registered and licensed and wears an identification tag. He stated the staff would be notified by the State Fish and Game Department if the applicant applies for another license. It was moved by Commissioner Greenwood and seconded by Commissioner Walsh to approve Conditional Use Permit #75 -10 subject to the following conditions and the finding that approval is consistent with Section 17.2 -7 of the Cypress Zoning Ordinance: 1. That the bird be maintained at all times in accordance with the rules and regulations and subject to the licensing of the California Department of Fish and Game. 2. This application shall be valid for the maint- enance of only one Prairie Falcon on the subject property. Any additional falcons or any other wild, exotic or non - domesticated animals shall be subject to the granting of a new conditional use permit by the Planning Commission. Commissioner Mullen moved to amend the motion to add a condition that approval of Conditional Use Permit #75 -10 shall apply only to the existing bird and a replacement bird shall be subject to a new conditional use permit. Chairman Hart reopened the public hearing. Mr. Delaney asked that the Commission consider the cost of reapplying for a conditional use permit. He stated the applicant could lose the bird by accident or the bird might die. Chairman Hart closed the public hearing. Chairman Hart felt the Commission's decision should be based on the qualifications of the applicant in keeping the bird and not on the merits of the bird itself and he felt the applicant had demonstrated his ability. Commissioner Van Allen felt the Commission should have an opportunity to review the application in terms of how the property is being maintained and whether the bird is being cared for properly. Commissioner Mullen felt the adjacent property owners should be protected against noise problems occurring in the future. Commis- sioner Walsh stated she did not see the necessity of having the applicant reapply and she felt the difficult and costly procedure of obtaining this type of bird assured that it would not be mistreated by the owner. Following further discussion, the Deputy City Attorney recommended that the following condition be added: "the initial approval of conditional use permit #75 -10 shall be for the existing bird and in the event a different bird is to be maintained on the property the Planning Commission shall have the right to review and revoke the permit at that time." 4. Planning Commission Minutes October 2, 1975 Commissioner Mullen withdrew his amendment to the motion. It was moved by Commissioner Mullen, seconded by Com- missioner Walsh and unanimously carried to approve the following condition as recommended by the attorney: 3. Approval of this conditional use permit shall apply only to the existing falcon; the maintenance of any other falcon shall require the review and approval of the Planning Commission. 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 ADMINISTRATIVE MATTERS: 1. Review of landscaping and maintenance program, commercial center, northwesterly corner of Moody and Orange Streets, Conditional Use Permit #C -280. Mr. Doug Rossman, 1620 Missile Way, Anaheim, California, owner of the shopping center, reported that after he purchased the center he spent about $800 to repair the sprinkler system and replant landscaping which died afterwards. He stated the soil was very poor and lacked nutrients and could not sustain any type of landscaping. He felt the litter problem was attri- butable to the great amount of traffic visiting the center and stated a gardener comes out twice a week and cleans the apron and trash areas. He felt a good landscaping program would minimize the litter problem. Mr. Rossman stated he planned to replace the topsoil and add nutrients to a depth of 10 inches, install an automatic sprinkler system and install ground cover as originally approved and full grown plants. He pointed out a problem with the landscaped area in the parking lot which is in front of the ice cream parlor and reported that the two original trees had been knocked down or removed and the area is a trash collector. He requested authorization to pave this area and provide an additional parking stall. The Planning Director agreed that there was a problem with the soil. He reported that up until now the staff has not required that soil tests be made for develop- ments on private property. Soil tests have been required for the public right -of -way areas, such as street tree areas. He stated the staff would recommend in the future that soil tests be made for all landscaped areas of a proposed development. The entire Commission expressed concern over the lack of maintenance of the shopping center especially since the development is in the close vicinity of the Civic Center and is seen by many people. Commissioner Mullen inquired about the real estate school being conducted by Viren Realty. 5. Planning Commission Minutes October 2, 1975 The Planning Director reported that he had sent a com- munication to Viren Realty advising them that the school use is not permitted in that zone without a separate conditional use permit and that the building was designed for a different occupancy other than one which attracts a great number of people. He reported that conducting a school constituted building and fire code violations and that he has received no response from the realty firm. He stated there was a bad parking problem because of the number of persons attending the realty school. He recommended that the City Attorney's office contact Viren Realty and demand discontinuance of the school. Mr. Rossman reported that he had sent two letters to Viren Realty requesting that they restrict their parking to their own parking lot. It was moved by Commissioner Mullen, seconded by Commis- sioner Walsh and unanimously carried to continue this matter for 90 days to give the applicant an opportunity to implement his proposed landscaping program. Mr. Rossman indicated that he would like to make changes in the signing program. The Planning Director recommended that plans for any changes may be submitted for Commission review any time during the 90 day period. The Commission discussed the applicant's proposal to blacktop the landscaped area opposite the ice cream parlor. The Planning Director stated he would have to investigate whether there was sufficient space to add another parking stall. Commissioner Mullen suggested that this area might be striped as a pedestrian walkway. It was moved by Commissioner Mullen, seconded by Com- missioner Walsh and unanimously carried to approve the elimination of the landscaped area in the parking lot opposite the ice cream parlor and approve its replace- ment with a parking stall or pedestrian walkway subject to the discretion of the Planning Director. 2. Review of signing program, Augie's Body Shop, 8900 Walker Street, conditional use permit #74 -17. The Planning Director presented the sign plans for Augie's Body Shop located at the southeast corner of Danny Street and Walker Street. The applicant proposed one 30 foot freestanding, double -faced sign 54 square feet in area to be oriented towards Walker Street and two 24- square- foot signs to be attached to the northeast and south sides of the building. Mr. Hawley stated the signing is within the limits of the Zoning Ordinance which allows 150 square feet. He indicated that since the freestanding sign would be oriented towards Walker Street traffic its reader -panel would provide the major attrac- tion and identification. Staff felt, therefore, that the sign on the south side of the building was unnecessary and they recommended its deletion. Mr. Greg Ramirez, 7450 Mohawk Circle, Buena Park, Calif- ornia, reported that the reader -panel was proposed as part of the total signing program but that the applicant was financially unable to install it at this time. 6. Planning Commission Minutes October 2, 1975 Commissioner Mullen felt the freestanding sign's reader - panel would be obscured by the building and he recom- mended that the freestanding sign be moved closer towards the railroad right -of -way. He felt the signing should attract attention from Walker. The applicant agreed to work with the Planning Director to determine the sign location. It was moved by Commissioner Mullen, seconded by Com- missioner Walsh and unanimously carried to approve the sign plans for Augie's Body Shop, 8900 Walker Street, with the provision that the location of the freestanding sign be determined by the Planning Director and applicant and with the deletion of the sign on the south side of the building. RECESS: Chairman Hart called a recess at 9:20 p.m. The meeting was called back to order at 9:30 p.m. with all Commis- sioners present. 3. Review of plans for bicycle trail along Valley View Street. The Planning Director presented slides describing the bicycle trail project on Valley View Street, between Ball Road and Orangewood Avenue. He reported that between Ball and Cerritos the bike lane would be identified by striping eight feet from the curb and no parking signs and would be reserved for bicyclists only. South of Cerritos the trail would continue along the flood control channel right -of -way and would be a ten - foot -wide asphalt strip to be used as a multi- purpose trail. He reported that landscaping would be installed between the curb and trail and would consist of Eucalyptus trees and oleander shrubs. He reported that the east side of Valley View between Ball and Cerritos was within the City of Buena Park and that the staff was attempting to get their cooperation to participate in this program by striping and signing a bike lane on the east side of Valley View. The Planning Director also presented plans of the project. It was moved by Commissioner Van Allen, seconded by Commissioner Greenwood and unanimously carried to approve the plans for the bicycle trail project on Valley View between Ball Road and Cerritos Avenue with the finding that the project is in conformance with the City of Cypress' Master Plan of Trails and the City's capital improvements program. 4. Discussion of joint meeting with City Council, October 27, 1975. The Planning Director reported that a progress report on the Housing and Community Development Act project would be presented by Mr. Reed Flory, the County coor- dinator, at the October 27 joint Planning Commission/ City Council meeting. He suggested that the Commis- sioners consider items for discussion at the meeting. 7. Planning Commission Minutes October 2, 1975 The Planning Director gave a verbal status report on the following properties and developments: the mini - warehouse storage yards on the north side of Lincoln east of Sumner and on the south side of Lincoln opposite Sumner; the service station at the northeast corner of Ball Road and Walker; a condominium project on the west side of Holder south of Orange; a Presley single - family tract north of Nelson and east of Walker; the market proposed at the southeasterly corner of Lincoln and Denni; and the Mervyn's department store south of the Albertson's shopping center. The Commission asked that the Planning Director present status reports on a regular basis on all developments approved by the Commission. Commissioner Van Allen asked for clarification of Com- missioners' actions in regard to public hearings and inspections of project sites. He questioned whether Commissioners were prejudicing their hearings when they visit a site and engage in discussion with an applicant concerning a development proposal. He felt that if an on -site inspection is necessary then the entire Commission should participate so that they may all receive the same information. The Deputy City Attorney advised that the Commission's action should be based on information which they receive during a public hearing which information is available to all Commissioners. He stated the Commissioners may visit a development site but should refrain from conver- sation with the applicant since such discussion would be prejudicial. ADJOURNMENT: Chairman Hart adjourned the meeting at 10:00 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANNING COMMISSION