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Minutes 1976-02-05MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD February 5, 1976 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, February 5, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Vice Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Greenwood, Mullen and Van Allen Commissioners Walsh and Hart Also present were Planning Director Brian Hawley, Public Works Director Art Schatzeder, and Attorney Betsy Strauss. PLEDGE OF ALLEGIANCE: Commissioner Van Allen led the pledge to the flag. At the Planning Director's request, Commissioner Mullen placed an item on the agenda regarding a request to initiate a zone change for property located on the east and west sides of Acacia Drive, south of Crescent Avenue. PUBLIC HEARING RE: VARIANCE NO. 76 -1, CLIFFORD GRIMES: Commissioner Mullen announced that this was the time and place for the public hearing to consider a proposed variance to permit the retention of a room addition constructed to the rear of a single- family dwelling located at 10420 Rexford Court, Cypress, portions of which room addition encroach to within 13 feet of the rear lot line. He declared the hearing open and asked for the staff's report. The Planning Director summarized staff report PC #76 -1 dated January 29. He transmitted the plot plan showing the con- figuration and location of the room addition. The applicant also transmitted a petition signed by adjacent property owners indicating they felt the addition has no adverse impact on their properties and they have no objection to the variance. The Planning Director reported no other written or oral communications were received regarding this matter. He reported that the applicant had constructed a patio in 1974 and that the patio had been converted to a room addition prior to December, 1975 without the applicant obtaining the necessary building permit. The conversion of the patio to a room addition was undertaken by the contractor without the knowledge, consent or involvement of the appli- cant and the Planning Director pointed out that it appeared in this case that the applicant, in fact, was an "innocent victim," in that he was now faced with conforming to a requirement which was not met through no fault of his own. The room addition is one storey, 20' wide by 17' deep and encroaches to within 12'10" of the rear property line. He indicated that the rear yard is abnormally large, having 1595 square feet of usable space, including the addition. This exceeds the minimum rear yard area requirement of the Zoning Ordinance of 1200 square feet. Mr. Clifford Grimes, 10420 Rexford Court, Cypress, indicated he read the staff report and was in agreement with the report and all conditions of approval. He reported that the City Building Inspector had recommended a change to the roof materials to conform with the dwelling and that another inspection of the addition would be made. Commissioner Mullen asked if anyone wished to speak in support or in opposition to Variance #76 -1. There was no one who wished to speak in support or opposition. Planning Commission Minutes February 5, 1976 The Planning Director stated that Condition #2 would cover any necessary alterations which are required to the roof and to bring the structure into conformance with the Building Code. Commissioners Greenwood and Mullen both noted that the rear yard appeared to be large. Commissioner Mullen closed the public hearing. It was moved by Commissioner Greenwood and seconded by Commissioner Van Allen to approve Variance #76 -1 subject to the following conditions and with the finding that the variance complies with Section 17.3 -7 of the Zoning Ordinance: 1. Approval of this request shall not excuse compliance with all other rules and ordinances in effect at the time the variance is exercised. 2. Necessary permits shall be obtained in accordance with Building Department regulations. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COMMISSIONERS: 0 COMMISSIONERS: 2 COMMISSIONERS: ADMINISTRATIVE MATTERS: Greenwood, Mullen and Van Allen None Walsh and Hart 1. Request for approval of promotional signing program at 5431 Lincoln Avenue, Parry Tire Company, CH- 10,000 Zone (continued from meeting of January 15, 1976). The Planning Director presented the plot plans and des- cribed the request of Mr. Parry to erect a permanent flag pole and pennant banners and streamers at his tire store on the northeast corner of Lincoln and Electric Street as part of a temporary, promotional signing program. The red, white and blue banners would be in conjunction with the Bicentennial year and the store's grand opening. The Planning Director reported that the Zoning Ordinance does not permit the display of banners or streamers as shown in the plans but the Planning Commission, in the past, has permitted them and the ordinance contains provisions for temporary displays. There is no requirement restricting the temporary displays to only 30 days but this has been the policy of the staff, Commission and City Council. Mr. Richard Parry, 5431 Lincoln, Cypress, reported that the pennant banners would be of durable plastic and would be red, white and blue to be in conjunction with the Bi- centennial and grand opening of the store. To be economi- cally feasible he felt the display period should be not less than 90 nor more than 180 days. The wind and weather conditions would determine how long the banners would last. He reported the flag would be of standard cloth, the pole would be 35 feet in height and the banners would be six by ten feet. He stated a Bicentennial flag would probably be flown and this would then be changed to an American flag. 2. Planning Commission Minutes February 5, 1976 The Planning Director reported that Section 15.3(F) of the Zoning Ordinance exempts the American flag from considera- tion and, therefore, the only question before the Commission involves permitting the banners. Commissioner Mullen stated he opposed using extremely large American flags to promote commercial enterprises, such as are seen at some service stations. He felt the flag should be restricted to a reason- able size out of respect for the country. Commissioner Van Allen felt the reason the ordinance did not contain provisions for banners and streamers was to prevent a carnival -like atmosphere. He stated the appli- cant's plan to have streamers running from a pole on top of the building in a canopy effect resembled a tent. The applicant stated he felt any signing which is in good taste and is maintained would be an improvement of the property. He presented photographs of the signing proposal. The applicant felt a 30 day display period would be too short and uneconomical because of the cost of the banners. Commissioner Mullen felt the red, white and blue colors of the building would overpower the same colored banners and he suggested that the building be painted one color. Mr. Parry stated he would like to withdraw his request and present it in a different manner at a future time for consideration by a full Commission. He stated the expense involved would necessitate having the banners for at least 90 days. He agreed to continue the matter for two weeks. It was moved by Commissioner Van Allen, seconded by Com- missioner Greenwood and unanimously carried to continue consideration of the request for promotional signing for the Parry Tire Company to the next meeting. 2. Review of landscape and irrigation plans, Church of Jesus Christ of Latter Day Saints, 5151 Orange Avenue (continued from meeting of January 15, 1975). The Planning Director transmitted the landscape and irri- gation plans. The irrigation plans indicated an automatic sprinkler system would be installed. He described the type and location of all landscaping. Trees would consist of Live Oak and Evergreen Elm along the perimeter of the property, around the church and in the lawn area and would be complemented by shrubs adjacent to the church. Trees and shrubs would be planted along the single - family homes to the north which are separated from the subject property by a six foot high wall. Trees proposed for Orange Avenue were Evergreen Pear and Washington fan palms. Both the City Engineering Division and the landscape architect felt the landmark elm tree on the property was in very poor condition and not worth saving. The applicant agreed to replace the landmark tree with a specimen tree minimum 24" box in size. It was moved by Commissioner Greenwood, seconded by Com- missioner Van Allen and unanimously carried to approve the landscape and irrigation plans for the Church of Jesus Christ of Latter Day Saints, 5151 Orange Avenue, subject to the following condition: 1. The existing landmark Elm tree located on the Church property may be removed due to its deteriorating condition and replaced with a specimen tree of appli- cant's choice which should be a minimum 24 -inch box tree in size. 3. Planning Commission Minutes February 5, 1976 3. Tentative Parcel Map #76 -1, 9761 Walker Street, Carl and Josephine Trautman. The Planning Director summarized Staff Report PC #76 -2 dated January 29 and presented the tentative parcel map which proposed to divide approximately 1.85 acres into four lots. Three lots would be developed for single - family homes and the fourth lot would retain a commercial desig- nation. The subject property has two zoning designations; the front 390 feet of property being located in the CG- 10,000 zone and is the site of Trautman Iron Works and a real estate office. The Planning Director stated that the residential development of the three lots was anticipated when Tract 5903 was developed since it would result in a continuation of Rome Street improvements. He reported that the lots were slightly substandard in width but this deviation is permitted under Section 17.7.1 of the Zoning Ordinance. The lots contain the minimum required area for their zone. The staff recommended approval subject to 15 conditions. Commissioner Mullen asked if the applicant wished to speak. Mr. Dan Mundy, developer of the property, agreed to all conditions relating to the development of Lots 1, 2 and 3. He requested a waiver of the conditions requiring improve- ments of Lot 4 due to the fact that Lot 4 was not being developed and the costs would be a hardship and would not be absorbed by development of the other three lots. Mr. Carl Trautman, 9761 S. Walker, Cypress, stated he objected to any improvements on Lot 4 relative to Walker Street. The Public Works Director stated requirements for improve- ments under the Subdivision Ordinance relate to an entire parcel even though one lot is not proposed for development. He reported there are deficiencies in the street improve- ments on Walker Street and it was uncertain when they would be installed if they are not done at this time. He felt that only the City Council had authority to waive the requirement. The attorney and Planning Director stated this was correct and that final parcel map approval rests with the City Council. Commissioner Greenwood felt some conditions of proposals such as this are costly and can prohibit development and he supported a waiver of the improvements of Walker Street. It was moved by Commissioner Van Allen and seconded by Commissioner Greenwood to recommend to the City Council approval of Tentative Parcel Map #76 -1 subject to the conditions outlined by the staff. Commissioner Mullen felt this was a unique situation where strict compliance with zoning regulations could discourage development. He did not feel there were many cases where a development extends from one street to another. He felt the cost of improvements on Walker would be an unreasonable burden to the developer and he did not feel it was a fair requirement to demand improvement of Walker since only the small rear portion of the parcel is being developed. It was moved by Commissioner Mullen and seconded by Com- missioner Greenwood to amend the motion and recommend to the City Council the waiver of the requirement for improve- ment of Walker Street in conjunction with the development of Lots 1, 2 and 3. 4. Planning Commission Minutes February 5, 1976 The Planning Director suggested that there be two separate votes on the two motions. Commissioner Mullen withdrew the motion and Commissioner Greenwood withdrew the second. The motion to approve Tentative Parcel Map #76 -1 subject to the following conditions was unanimously carried: 1. A complete topograph of tentative Lot 4 and the surrounding property to the north shall be made in order to establish existing drainage patterns for the area. If the development of Lots 1, 2 and 3 inhibit the drainage of surrounding areas, as shown by the required topograph, an underground drainage system shall be designed and installed to remove storm water from the area. 2. Drainage fees shall be paid on all parcels in accordance with the master plan of drainage. 3. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan showing the proposed development and all surrounding parcels shall be submitted for approval by the City Engineer. 4. Walker Street shall be fully improved in front of this development, including removal of asphalt within the parkway, and installation of additional sidewalk, trees and treewells, in accordance with the Master Plan of Streets and Highways. 5. The existing southerly drive approach on Walker Street shall be removed by sawcutting and replaced with full- height curb, gutter and sidewalk per City standards. 6. All secondary and primary utility services shall be underground. 7. Street lights shall be installed on Rome Street and Walker Street per City of Cypress standards. 8. Advance street light energy charges shall be paid. 9. Rome Street shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways. 10. Street structural sections to be based on recommenda- tion and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using an applicable T.I. 11. Street trees (15 gallon) 40' on center shall be installed along Rome Street and Walker Street in conformance with the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design ele- ment of the General Plan. 12. Soil in planting areas, including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified. The test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status 5. Planning Commission Minutes February 5, 1976 and boron saturation extract. Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date. 13. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. 14. Plan checking and inspection fees amounting to 31% of the street improvements shall be paid. 15. Developer shall conform to all applicable provisions of the City Code. It was moved by Commissioner Mullen, seconded by Commis- sioner Greenwood and unanimously carried to recommend to the City Council the waiver of the conditions requiring improvement of Walker Street. 4. Request from Southern California Edison Company to temporarily maintain an office trailer at the southeasterly corner of Orange Avenue and Moody Street. The Planning Director presented the plot plan and described a request from the Edison Company to place a 10' x 55' trailer at Orange and Moody at the site of their substation for a six month period. The staff did not feel the trailer would create problems at the site and recommended approval of the request subject to three conditions. The Planning Director stated the Edison Company could request an exten- sion by submitting a request to the Planning Commission prior to expiration of the six months. Mr. James Sumrow, Area Representative for the Edison Company, 6692 Beach, Buena Park, California, stated he agreed to the staff conditions and had nothing further to add. He reported the trailer would be used by office personnel who are already working at the substation. The only utilities which would be connected to the trailer would be electricity. It was moved by Commissioner Van Allen, seconded by Commis- sioner Greenwood and unanimously carried to approve the request of the Southern California Edison Company to maintain an office trailer at the southeast corner of Orange and Moody with the term to expire on August 6, 1976, subject to the following conditions: 1. Approval of this request shall be for a six -month period to expire on August 6, 1976, at which time the trailer shall be removed and the site cleared of all evidence of this temporary use. If the applicant finds it necessary to extend the time limit on this approval, a request should be submitted in writing to the Planning Commission prior to the stated expiration date. 2. All necessary permits and inspections required by the City of Cypress shall be obtained prior to occupancy and use of the trailer. 3. The location of the trailer shall be as shown on the plot plan submitted with this request and as reviewed and approved by the Planning Commission. 6. Planning Commission Minutes February 5, 1976 5. Request to initiate Change of Zone - Acacia Drive, south of Crescent Avenue. The Planning Director reported that several property owners residing on the east and west sides of Acacia Drive, south of Crescent Avenue, were requesting the initiation of a zone change from Multiple- Family Resi- dential to the RS- 15,000 (residential estate) zone. He stated the RS- 15,000 zone was established with the intent of it being placed in this area. He reported that not all property owners had signed the application as yet. The staff recommended that the entire area, instead of individual lots, be considered at once and they recommended the initiation of the zone change. Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, described the proposed zone change application. He reported that out of 27 lots, the applicant had 12 signatures in favor and 6 of the lots were owned by Forest Lawn which also supported the zone change. The property owners felt the RM zone was awkward and the property probably would not be developed this way. Mr. Wuebker felt the area was suited to the RS- 15,000 zone and its unique, rural atmos- phere and proximity to several multi - purpose trails would place it in high demand. It was moved by Commissioner Van Allen, seconded by Com- missioner Greenwood and unanimously carried to initiate an amendment to the Zoning Ordinance to change the designation of the property on Acacia Drive, south of Crescent Avenue, from RM to RS- 15,000. MINUTES: The minutes of January 15 were continued to the next meeting. The Planning Director reported that the applicant who was developing the service station at the northwest corner of Cerritos and Walker as a produce store proposed to use rough sawn wood instead of metal siding on the building. He reported that he issued a building permit to start construction. He stated a contractor's office is permitted in the CG Zone but he felt the office shown on the plans would be in conjunction with the produce sales. He stated any outside storage of materials would violate the Zoning Ordinance. Commissioner Greenwood asked the staff to investigate the storage of junk automobiles at the service station at the northwest corner of Walker Street and Ball Road. The Planning Director reported that he felt the starting date for public hearings before the Planning Commission on the Arlan property would be March 4. ADJOURNMENT: Commissioner Mullen adjourned the meeting at 9:15 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: r PLANNING. THE SECRETARY OF COMMISSION