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Minutes 1975-11-20MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD November 20, 1975 The regular meeting of the Cypress Planning Commission was called to order at 4:30 p.m. on Thursday, November 20, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Vice Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Greenwood, Mullen, Van Allen and Walsh Chairman Hart Also present were Planning Director Brian Hawley, Building Superintendent Ray Warren, and Civil Engineering Assistant Frank Dalesandro. RECESS: Commissioner Mullen recessed the meeting to the Administrative Conference Room. ADMINISTRATIVE MATTERS: At the Planning Director's request, the following item was added to the agenda: 1. Preliminary Proposal for FY 1976/77 A.H.F.P. Projects. The Civil Engineering Assistant presented a report from the Public Works Director dated November 17 and described the three street improvement projects proposed to be submitted for Arterial Highway Financing Program funding in 1976/77 which included Valley View Street from Lincoln to Orange and from Belle Avenue to Cerritos Avenue; Ball Road from 130' east of to 800' west of Juanita Street; and the intersection of Orange Avenue and Grindlay Street. He reported that improvements of Valley View Street from Cerritos to the Stanton Channel and Katella Avenue from 660' west of to 340' east of Valley View would be submitted as an FAU funding project. The Planning Commission was requested to determine whether the projects are in conformance with the General Plan. Following a review of the projects, it was moved by Commis- sioner Van Allen, seconded by Commissioner Walsh and unani- mously carried to approve a resolution finding that the FY 1976/77 Arterial Highway Financing Program projects are in conformance with the Cypress General Plan. Commissioner Mullen called the meeting back to order in the Council Chambers at, 4:55 p.m. 2. Presentation by Orange County Health Department regarding Noise Ordinance. The Planning Director introduced Mr. Ellwyn Brickson of the Orange County Health Department. Mr. Brickson made a visual presentation describing the criteria used to determine noise impact on communities. He discussed the County's procedure under the Noise Ordinance for handling noise complaints. The Commission recessed to the parking lot for a demonstration of noise monitoring equipment. Planning Commission Minutes November 20, 1975 CHAIRMAN HART ARRIVED AT 5:10 P.M. RECESS: The meeting was recessed at 6:00 p.m. CALL TO ORDER: Chairman Hart called the meeting back to order at 7:35 p.m. in the Cypress City Council Chambers with the following Commissioners in attendance: PRESENT: ABSENT: Commissioners Greenwood, Mullen, Van Allen, Walsh and Hart None Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, Sandy Pegueros, Business License /Zoning Inspector, and Roger Grable, Deputy City Attorney. PLEDGE OF ALLEGIANCE: Commissioner Greenwood led the pledge to the flag. MINUTES: It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to approve the November 6, 1975 minutes as corrected. ORAL COMMUNICATIONS: Chairman Hart inquired if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak at this time. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE #75 -2: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed amendment to the Zoning Ordinance and amendment to the Specific Plan for the improvement of Lincoln Avenue. Said amendment is a proposal to consider the establishment of a new building setback regulation for properties along Lincoln Avenue in the CH- Commercial Highway Zone. Chairman Hart opened the public hearing and asked for the staff's report. The Planning Director introduced Mr. Alex Bell, chairman of the Lincoln Avenue Action Committee. Mr. Bell summarized a report from the Committee which outlined their findings regarding the present 25 foot setback requirement for properties along Lincoln Avenue. The original Committee members recommended that the existing 25 foot setback requirement in the CH Zone be amended to provide for a variable setback ranging from a minimum of 6 feet to a maximum of 10 feet; and that the existing street improve- ment program which currently requires the installation of a 12- foot -wide sidewalk as a condition of approval for all new developments be amended to require the installation of only a 6- foot -wide sidewalk with the remaining 6 feet of public right -of -way to be included in the landscape program. The Planning Director also transmitted a letter to the Planning Commission dated November 13 from the group of Lincoln Avenue businessmen and property owners addressing the matter of setbacks. They recommended that the 12 foot sidewalk requirement be reduced to 6 feet, that the vacated 6 feet be used for landscaping, and that there be no further setback requirement. 2. Planning Commission Minutes November 20, 1975 Commissioner Greenwood asked for clarification of the set- back requirement as it applies to existing buildings. Mr. Bell explained that the setback requirement would apply only to newly constructed buildings, or to existing buildings which have been demolished and rebuilt. He said it would not apply to a structure which is remodeled or has additions made. Commissioner Mullen inquired if the City had the authority to abate a non - conforming use which has no front setback area. The Deputy City Attorney advised that the City could require the removal of non - conforming buildings which do not meet the setback requirement by establishing an amortization period. Mr. John Theisins, one of the members of the expanded Committee and representing a business at 4872 Lincoln, Cypress, read the November 13 letter from the Lincoln property owners and businessmen which was signed by 35 individuals. He stated that the new Committee members tried to make all Lincoln businessmen and property owners aware that the setback requirement did not apply to existing buildings. Chairman Hart inquired if anyone wished to speak in favor of Zoning Ordinance Amendment #75 -2. No one wished to speak in favor. He asked if anyone wished to speak in opposition. Dr. Ira Pomeroy, 5651 Lincoln, Cypress, one of the members of the expanded Lincoln Avenue Action Committee, indicated there were problems with the scheduling of the Committee's meetings. He stated his building would not be affected by the 25 foot setback requirement and he stated that at meetings of the Lincoln businessmen and property owners it was pointed out that the setback requirement would not apply to existing buildings. He supported limiting the setback to 12 feet, 6 feet for the sidewalk, and 6 feet for landscaping. He felt a greater setback would not be convenient for lots with a shallow depth. He stated that if a structure is rebuilt it might require a variance which could be denied. Mr. Z. R. Wall, 2427 N. Santiago Avenue, Santa Ana, Calif- ornia, asked who would be responsible for installation of the street improvements and if the Lincoln Avenue regula- tions would apply to properties on Lincoln within County islands. He also inquired about the type of landscaping which would be required. The Planning Director advised him that costs for improvements in the public right of way would be shared by the City, County and State but that improvements on private property would be the responsibility of the property owner or developer. He stated there was no uniform landscaping proposed and he pointed out the different landscaping programs at the Lincoln Plaza shopping center, Systems Reefer, Inc., and the shopping center at the southwest corner of Walker and Lincoln. The Planning Director indicated it was the intent to encourage properties in County islands to conform to the Lincoln Avenue regulations. He reported that after final decisions are made regarding the setbacks, signing, and amendment to the Zoning Ordinance to allow a greater flexibility in uses, the City would attempt to get concurrence from the City of Buena Park and County. He stated the response of both of these agencies so far has been favorable. 3. Planning Commission Minutes November 20, 1975 Mr. C. E. Brabyn, 4515 Fairfield, Corona del Mar, California, co -owner of property at the northwest corner of Moody and Lincoln, asked if a uniform landscaped setback was estab- lished. He stated he supported a variable setback based on lot depth and felt 6 feet would be adequate. The Planning Director advised that the Zoning Ordinance requires a 25 foot landscaped setback and that the subject of this public hearing is whether that setback requirement should be reduced. There were no other persons wishing to speak and Chairman Hart closed the public hearing. Commissioner Greenwood felt whatever action is taken would result in an improvement of the present condition of Lincoln and would increase property values, upgrade the street, and change a blighted area to a viable area more in keeping with the affluence of the rest of the City. He stated the City did not wish to impose hardships on the property owners but wished to establish guidelines for future development. He stated he agreed with the property owners and supported the 6 foot sidewalk and 6 foot setback standard. He felt a property owner could have a greater setback if he desired. Commissioner Mullen felt that shoppers demand an environment which is aesthetically pleasing and one in which they feel safe and comfortable and he felt improvements on Lincoln were necessary in order for Lincoln businesses to compete with attractive shopping centers in the area and to keep Cypress tax dollars in the community. He felt a progres- sive rather than outdated appearance was necessary for the strip to be economically viable. He pointed out Hawaiian Gardens as a city which has expended funds to improve the appearance of its business district in order to impress and attract shoppers. Commissioner Van Allen felt the problem on Lincoln was that the size of lot development was not uniform. He felt businesses should be encouraged to show individualism to avoid a uniform appearance along Lincoln. He stated that it appeared some businessmen felt having no setback would result in a profitable business while imposing a setback requirement would result in bankruptcy. Commissioner Van Allen felt there should not be a maximum set for the setback requirement and that a developer should be able to provide more than 10 feet. The Planning Director stated this would be clarified in the ordinance so that developers are not restricted by a 10 foot maximum requirement. Commissioner Walsh stated she supported the minimum 6 foot, maximum 10 foot or greater setback requirement. She felt improvement of the appearance of Lincoln was necessary to attract shoppers and she felt other shopping areas in the City, like at Valley View and Ball, are successful because they are attractive. She felt the businesses were unattractive and difficult to enter and this contributed to the deteriora- ting condition along Lincoln. Chairman Hart stated he supported the recommendation of the original Lincoln Avenue Action Committee since he felt they were taking a moderate and liberal stand on the issue of improving Lincoln, their recommendations excluded existing 4. Planning Commission Minutes November 20, 1975 properties, they took into consideration the characteristics of adjacent properties, they provided a variance procedure for unusual circumstances, and they provided guidelines for future development and improvement of the City. It was moved by Commissioner Mullen and seconded by Commis- sioner Van Allen to approve the recommendation of the original Lincoln Avenue Action Committee regarding the setback require- ment with the provision that a setback beyond the maximum 10 feet be allowed and to recommend that the City Council approve the amendment to the Zoning Ordinance. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COMMISSIONERS: Mullen, Van Allen, Walsh and Hart 1 COMMISSIONERS: Greenwood 0 COMMISSIONERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -11, TIC TOC SYSTEMS /UTOTEM: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed conditional use permit to install, operate and maintain self - service gasoline dispensing equipment in conjunction with the existing Utotem (formerly Tic Toc) market located at 6021 Orange Avenue, Cypress. He declared the hearing open and asked for the staff's report. The Planning Director summarized Staff Report PC #75 -20 dated November 14, 1975 describing the proposed use. The staff recommended approval subject to 12 conditions. Chairman Hart asked if the applicant wished to speak. Mr. Larry Wasserman, 8647 Navajo, San Diego, California, representing the applicant, discussed the expansion activities of Fairmont Foods Company to acquire Tic Toc markets in the Southern California area. He indicated that there are 39 Utotem stores in the San Diego area, 27 with gas pumps. He stated the stores are all company -owned and are not franchised. He stated the Utotem markets attempted to sell gas at a cost savings but did not provide air, water or other services. Mr. Wasserman stated the applicant was taking a count of traffic visiting the store on Orange and the applicant felt there was a low volume of traffic which would not present any parking problems. He stated the applicant agreed with all conditions of approval. Mr. Donald Hudson, 6153 Lawrence Street, Cypress, asked for a copy of the staff report and conditions of approval for the application. Chairman Hart asked if anyone wished to speak in favor. No one wished to speak in support. He asked if anyone wished to speak in opposition. Mr. Dave Webb, operator of the Union Oil gas station at the corner of Valley View and Orange Avenue, stated he did not feel there was a need for the addition of gas pumps because of the proximity of other stations. He stated his station was the most competitive on Valley View and kept gas prices at a minimum for self- service gas and also provided auto repair service. He did not feel another gas station would attract more business or generate more revenue to the City. He questioned the safety of auto- matic gas pumps and stated the markets usually do not have an attendant watching the pumps and this could cause problems if persons leave their cars running or dispense gas into containers. He stated the parking lot in the center was usually fully occupied and he did not feel there would be sufficient room for the maneuvering of filling trucks. 5. Planning Commission Minutes November 20, 1975 The Deputy City Attorney reminded the Commission that the issue of competition or regulating the number of stations or prices would not be a legitimate concern of the Commission. The Planning Director reported that the Traffic Engineer had reviewed the plans and had expressed concern over the three or four middle parking stalls. The Traffic Engineer felt that, even though the parking met requirements, some caution would be required in the lot. Mr. Mel Roberts, 5894 Apia Drive, Cypress, operator of the Shell Station at the northeast corner of Valley View and Orange, stated he felt there was an existing parking problem at the shopping center lot which was always two - thirds full and often entirely full. He stated patrons of the stores already park on his property. He also felt that if there are problems at the gas pumps, one attendant in the store would be unable to leave the cash register to assist. He stated that although parking would be provided at the rear of the store there is no rear access to the building. He did not feel that the market would be able to sell gas at much more of a discount than his station. Mr. Dave Webb, operator of the Union Oil station, asked if the other businessmen in the satellite stores were notified of the hearing on this application. The Planning Director indicated that the property owners were notified but the businessmen may not have been notified of the hearing. Mr. Don Hudson, 6153 Lawrence, Cypress, asked if the store was located in the Civic Center Overlay Zone. The Planning Director stated it was not. Mr. Hudson stated he lived within three blocks of the store and that he was concerned over the rundown appearance of the store. He stated he had no objections to the addition of gas pumps and that he welcomed the improvements to the appearance and quality of the store front especially since the store faces new homes. Mr. Larry Wasserman, the applicant, felt their log of traffic would substantiate that there is a low traffic volume visit- ing the store and that no traffic problems would be created. He suggested that the pump island and landscaped strip could be moved farther south towards the street to provide more room in the parking lot. Mr. Wasserman stated that the applicant planned to sell regular and unleaded gas. He indicated that the applicant may consider installing a third pump to sell premium as well but they preferred two pumps. Commissioner Van Allen asked if the building improvements and addition of landscaping were tied into approval of the gas pumps. Mr. Wasserman stated that the applicant had attempted to upgrade the image of the store in general and keep it cleaner. He stated it was restocked and the interior was painted. He stated the applicant did not own the property and he did not feel the applicant would be interested in additional landscaping if the pumps were denied but they would maintain the property as part of their general program. Chairman Hart closed the public hearing. Commissioner Walsh stated she opposed installation of the gas pumps because of the lack of adequate parking and turning area. She felt the traffic flow in the area was heavy at all times, with a lot of traffic generated from 6. Planning Commission Minutes November 20, 1975 Cypress College. She stated the only type of improvements she would approve would be a gas dispensing hose similar to air and water hoses which she has seen in operation in Arizona. Commissioner Walsh felt the applicant was threat- ening the Commission by agreeing to install the landscaping only on condition that the pumps are approved. Commissioner Mullen felt there was a growing trend with convenience markets and dairies selling self- service gas and offering no other automotive services and he felt the resi- dents of Cypress were entitled to this option within their own city. He felt that most self - service islands were equipped with automatic shut -off devices in case of rupture of the hose. Commissioner Mullen stated he supported the application. He felt a condition should be added requiring the landscaping and pump island to be located closer to the street. Commissioner Mullen did not feel there would be a parking problem since he felt persons stoppped at convenience markets for only a few minutes. Commissioner Greenwood stated he did not feel there would be a safety problem and that the use was subject to regu- lations of the Fire Marshal. He did not feel the oper- ation would seriously compete with the nearby gas stations since they also provide gas on a no service basis. Commissioner Van Allen expressed concern that the Commission did not have a definite plan of the pump island design or how many pumps were involved and that the operators of the other satellite stores were not notified of the hearing. He suggested that the hearing be reopened and continued. It was moved by Commissioner Van Allen and seconded by Com- missioner Mullen to reopen the public hearing and continue it to the next meeting and request that the staff notify the operators of the satellite stores of the hearing and that the applicant make a determination as to the type of gas pumps he wishes to install. Commissioner Mullen stated he was in favor of the proposal. He did not feel the applicant's remarks should be taken as a threat since he felt the applicant was exercising an option to invest in improvement of the property. He did not feel businessmen were obligated to citizens to invest money to improve their property if their developments complied with development standards. He did not feel that a differently designed gas pump should be imposed as a condition on a specific application or that the Commission should determine what a business may or may not sell. Chairman Hart stated he was not in favor of continuing the hearing since he felt the type of gas and location of pumps and landscaping could be reviewed by the Commission at the time final plans are submitted for design review. Commissioner Greenwood felt the operators of the satellite stores should have been notified of the hearing and he also requested data regarding the traffic volumes on the arterial streets in the area. Chairman Hart reopened the public hearing on C.U.P. #75 -11. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COMMISSIONERS: Greenwood, Mullen, Van Allen and Walsh 1 COMMISSIONERS: Hart 0 COMMISSIONERS: None 7. Planning Commission Minutes November 20, 1975 PUBLIC HEARING RE: VARIANCE #75 -1, MR. & MRS. RAY GUZMAN: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed variance to construct a six - foot -high masonry wall within the front yard setback area at 10488 Santa Clara, Cypress. He opened the public hearing and asked for the staff's report. The Planning Director summarized Staff Report PC #75 -21 dated November 17 which described the applicant's proposal to construct a six - foot -high masonry wall in his front yard to alleviate the excessive noise disturbance. He presented a plot plan and colored rendering of the wall. Chairman Hart asked if the applicant wished to speak. Mr. Ray Guzman, 10488 Santa Clara, Cypress, the applicant, stated the noise condition caused mental stress to members of his family and that the noise level has been increasing. He stated that several neighbors did not have the same noise problems because of high walls on their properties. He stated that he applied for a building permit about 18 months ago but was unable to proceed with the wall because of finan- cial constraints. Mr. Guzman described his plans to construct a hollow, slumpstone sound barrier along the front property line. Chairman Hart inquired if anyone wished to speak in favor of or in opposition to Variance #75 -1. There was no one who wished to speak in support or opposition and Chairman Hart closed the public hearing. It was moved by Commissioner Greenwood and seconded by Commissioner Walsh to approve Variance #75 -1 subject to the following conditions and the finding that the wall construction is in conformance with Section 17.3 -7 of the Zoning Ordinance: 1. The proposed wall shall be constructed in confor- mance with the plot plan and elevation as reviewed and approved by the Planning Commission. 2. Landscaping between the proposed wall and the side- walk shall be installed as indicated on the plans and elevations. 3. All required permits shall be obtained in accordance with the specifications of the Building Department. The motion 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 The Commission agreed to continue Item #2, design review for the proposed conversion of the abandoned ARCO service station at the northwesterly corner of Walker and Cerritos, and Item #3, discussion of City street sweeping policy, to the next meeting. EXECUTIVE SESSION: Chairman Hart called an Executive Session for personnel matters at 10:20 p.m. The meeting was called back to order at 10:30 p.m. with all Commissioners present. 8. Planning Commission Minutes November 20, 1975 ADJOURNMENT: Chairman Hart adjourned the meeting at 10:30 p.m. to Thursday, December 4 at 4:00 p.m. „AAA-IAA., 16 , ad CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANNING COMMISSION