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HomeMy WebLinkAboutMinutes 1975-11-06MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD November 6, 1975 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, November 6, 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 Planning Director Brian Hawley, Public Works Director Art Schatzeder, Planning Aide Ryan O'Brien, Business License /Zoning Inspector Sandy Pegueros, and Deputy City Attorney Roger Grable. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Commissioner Walsh. MINUTES: October 2, 1975 It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to approve the October 2, 1975 minutes. ORAL COMMUNICATIONS: Chairman Hart inquired if anyone wished to speak in regard to any matter which was not on the agenda. At the Planning Director's request, Chairman Hart added Item #7 to the agenda regarding a request for an extension of time for Conditional Use Permit #74 -15. ADMINISTRATIVE MATTERS: 1. Review of plot plans and elevations, Tentative Tract #8952, Presley of Southern California. The Planning Director presented the plot plans, elevation plans and floor plans for Tract #8952 located east of Walker on Camp Street and the extension of Nelson and Graham Streets. The tract comprises 24 single- family lots and was approved by the Commission on July 17, 1975. The Planning Director reported that all homes would be single- story, that they meet the front, rear and side setback requirements, the building floor areas exceed the requirements of the zoning regulations, and the developer is complying with all condi- tions of approval of the tentative tract map. The Public Works Director reviewed the grading and reported that the developer would construct a retaining wall along the three easternmost lots where the grade difference exceeds one foot. It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to approve the plot plans and elevations for Tentative Tract #8952. 2. Review of signing program, Trio Furniture, 5303 Lincoln. The Planning Director reported that he had approved a temporary signing permit for Trio Furniture and that the applicant agreed to a condition that he would change the signing program if required to do so by the Planning Commission. Planning Commission Minutes November 6, 1975 He reported that the signing program was in strict conformance with the Zoning Ordinance with regard to total sign area and consisted of a freestanding sign and a sign attached to the front of the building. Commissioner Mullen stated he had seen the signing program on Lincoln and felt it was a great improvement over the previous signing program at the same location on Lincoln. He stated he was ready to approve the signing since it met the requirements of the Zoning Ordinance. The Commission objected to the applicant using signing on a parked truck which had been employed at the shopping center at Walker and Ball and requested that a condition be attached to prohibit such signing. It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to approve the signing program for Trio Furniture, 5303 Lincoln Avenue, with the condition that the applicant not use a vehicle for signing in front of the building. It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to amend the motion to approve the signing program for Trio Furniture with the condition that approval is for the freestanding sign and sign attached to the building only and that the applicant shall not use any truck, vehicle or other advertising device to supplement the signing program as approved by the Planning Commission. 3. Annual Planning Agency Report - Section 34217 of the Government Code. The Planning Director transmitted a report to the Commission which is required to be submitted annually to the State Office of Planning and Research and which outlines a city's yearly activities and status of conformance of its General Plan with the State Planning Act. The report indicated for the period between October 1, 1974 and October 1, 1975 the number of meetings, public hearings, administrative matters (tentative tract map, parcel map approvals, etc.,) and other matters (complaint investigations, zoning violations) undertaken by the Planning Commission. It was moved by Commissioner Greenwood, seconded by Chairman Hart and unanimously carried to receive and file the report. At the Planning Director's request, Item #6 was taken out of order. 4. Discussion of County proposal for storm drain, Cerritos Avenue. The Public Works Director described a County project which proposes the construction of an underground concrete conduit along Cerritos Avenue beginning at the Bolsa Chica Channel and ending at Florence Street in the City of Buena Park. He reported that the Cypress storm drain would be connected with the conduit and he estimated the intersection of Valley View and Cerritos would be disrupted for about two weeks. The County requested that the City make a determination as to whether the project is in conformance with the City's General Plan. 2. Planning Commission Minutes November 6, 1975 It was moved by Commissioner Van Allen, seconded by Commis- sioner Greenwood and unanimously carried to adopt a resolu- tion finding that the proposed County storm drain project in Cerritos Avenue is in conformance with the Cypress General Plan. 5. Request for time extension for Conditional Use Permit #74 -15, southeast corner of Moody Street and Ball Road. The Planning Director read a letter from the applicant for a neighborhood shopping center proposed at the southeast corner of Moody Street and Ball Road which requested a one year extension for the conditional use permit. He reported that the applicant had received approval of a modification to the original conditional use permit and was under the impression that the permit was valid for two years. The Planning Director reported that the applicant was attempting to coordinate this development with a similar development proposed at the corner of Ball Road and Via Largo. It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to approve a one year extension for Conditional Use Permit #74 -15 to expire on September 19, 1976. The Planning Director suggested that Items #4 and 5 on the agenda be considered together since they related to similar matters. 6. Zoning - Promotional Advertising, Zoning Enforcement, Home Occupation Permit problems. 7. Discussion of community -wide problems and issues. The Business License /Zoning Inspector reported on problems she was experiencing with the conduct of certain home occu- pations and she requested that the Commission determine an enforcement policy. Mrs. Pegueros reported that there were three permits issued for a mobile -type minor automobile repair service where the applicants perform the service at their customer's residence but use their own homes as an office. She reported that she received several complaints in regard to one of the permits from a neighbor who felt the applicant was violating the permit by performing auto repair work for compensation at his home. The applicant indicated that he performed repair work at home for family members and friends as a hobby and not for compensation. Mrs. Pegueros stated that an inspection of his property found that the repair work was not taking place at odd hours, the property was not messy, there were no zoning violations and there did not appear to be any violations of the condi- tions of the home occupation permit. Mrs. Pegueros reported that of the 350 permits which were issued last year she has received less than five complaints. Following discussion regarding the problem, the Commission determined that if the staff receives a complaint which they feel is legitimate and justifiable the matter should be placed on the Commission's agenda. Chairman Hart suggested that a permit application which is of a controversial nature could be brought before the Commis- sion for consideration prior to approval. 3. Planning Commission Minutes November 6, 1975 Mrs. Pegueros reported on another problem involving home occupations which have outgrown their location. She reported that one such problem involved a tree service which expanded to the point where the operator now parks three large rigs, some loaded with equipment, on a large lot east of Walker on Nelson Street. She stated this was a violation of the permit conditions and that the operator was requested to relocate his business to an appropriate zone. She reported that other truck drivers park their vehicles on their property in this same vicinity but this action does not constitute any violation. She indicated this makes enforce- ment of the home occupation permit difficult. The Planning Director reported that this problem should be alleviated when the truck route ordinance becomes effective after the truck route signs are posted. The Deputy City Attorney indicated that the City may prosecute such violations but that the cost would be high especially in staff time. He did not feel a court would be likely to impose the $500 fine in such cases. The Planning Director indicated that in the past the staff has referred violations directly to the City Attorney's office before coming to the Planning Commission. He recommended that violations could first be reviewed by the Planning Commission which can hold a hearing on possible revocation of a permit and then the matter could be referred to the City Attorney. He felt the City might get quicker compliance with this intermediate step and that the attorney would have a clearer case. The Commission agreed to handle violations of home occupation permits in this manner. The staff also requested that the Planning Commission make a determination as to a code enforcement policy to handle violations of conditional use permits and the Zoning Ordinance. The staff described problems existing with promotional ad- vertising. The Planning Director stated the staff has had a lenient attitude towards signing for promotional sales or special advertising but he indicated such signing was getting out of control. The Zoning Inspector reported that there is a lack of uniformity in that some businesses make a request to the City for promotional signing while others do not. Chairman Hart recommended that some type of notification be developed to be distributed to all businesses doing promo- tional advertising advising them that they are in violation, granting them a certain period of time in which to request a continuation of the signing, and advising them that cases of non - compliance will be brought before the Planning Commis- sion. He felt that notification should be given across the board and that the notification program would be better for community relations than a sudden program of strict enforcement. The Zoning Inspector reported that the City of Anaheim has been successful with its zoning enforcement program whereby citations, similar to parking tickets, are issued for viola- tions. 4. Planning Commission Minutes November 6, 1975 The Commissioners agreed to institute a uniform notification program and Commissioner Van Allen asked that the City Council be notified that the staff is preparing an enforcement program. Commissioner Mullen recommended that the Chamber of Commerce participate in developing the program. The Commission directed the staff to prepare a draft enforce- ment program for zoning violations for consideration at the next meeting and to advise the City Council that it is developing the program. Commissioner Van Allen requested that an item regarding street sweeping be placed on a future agenda. Commissioner Mullen felt it would be helpful if a staff member could meet with the chairman before each meeting to discuss items which would be on the agenda. The Planning Director stated he would provide the Commissioners with a tentative agenda prior to each meeting and the Commissioners would have an opportunity to add items. Commissioner Walsh stated she would like to discuss matters regarding deteriorating dwellings and storage of abandoned vehicles, boats and other materials on front lawns at a future meeting. EXECUTIVE SESSION: Chairman Hart called an Executive Session for matters of personnel at 10:10 p.m. The meeting was called back to order at 10:25 p.m. with all Commissioners present. ADJOURNMENT: Chairman Hart adjourned the meeting at 10:25 p.m. to Thursday, November 20 at 4:30 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANKING COMMISSION