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Minutes 1976-08-19MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD August 19, 1976 The regular meeting of the Cypress Planning Commission was called to order at 6:15 p.m. on Thursday, August 19, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Vice Chairman Robert Van Allen presiding. PRESENT: ABSENT: Commissioners Greenwood, Van Allen & Walsh Commissioners Hart and Mullen Also present were Planning Director Brian Hawley, Assistant City Attorney Elizabeth Strauss, Public Works Director Art Schatzeder, Planning Aide Millie Kandler, and Business License/ Zoning Inspector Sandy Pegueros. PLEDGE OF ALLEGIANCE: Commissioner Greenwood led the pledge of allegiance to the flag. MINUTES: It was moved by Commissioner Walsh, seconded by Commissioner Greenwood and unanimously carried to approve the minutes of August 5, 1976. The Planning Director announced that Millie Kandler, Planning Aide, was leaving the City to accept a position as Planner II for the City of Costa Mesa. At Commissioner Van Allen's request, Item #6 was added under Administrative Matters regarding the American Pool Nursery on Lincoln Avenue, east of Denni Street. ADMINISTRATIVE MATTERS: 1. Consideration of County Zone Change ZC 76 -23, Southwest Corner of Crescent & Moody. The Planning Director transmitted a communication from the Orange County Environmental Management Agency regarding Zone Change ZC 76 -23. The application proposes a zone change from the M1 (Light Industrial) and R4 (Suburban Residential) Zones to the Cl (Local Business) and R4(5000) (Suburban Residential) Zones and covers the area located at the south- west corner of Crescent and Moody bounded by Crescent, Moody, LaSalle, Merton and Sumner Place, and the M1 zoned area north of Crescent opposite Sumner Place. The Planning Director stated the minimum lot size under the proposed zoning would be 5,000 square feet and this zoning would restrict new development to tri- or four- plexes. Following a review of the proposed zone change, the Planning Commissioners had no comments or recommendations and it was moved by Commissioner Greenwood, seconded by Commissioner Walsh and unanimously carried to receive and file the notice regarding Zone Change ZC 76 -23. Planning Commission Minutes August 19, 1976 2. Report on flashing lights, Zip'z, 10033 Valley View Street. The Business License /Zoning Inspector presented a status report dated August 16 regarding the lighting at Zip'z Ice Cream in response to the Commission's August 5 request. Following a complaint at the July 1 meeting that the lighting was facing the traffic lane, staff sent the owner a letter requesting that the flashing lights be directed downward and away from the traffic lane. Inspections on July 12, 13 and August 12 and 13 found that the flashing lights were positioned away from the traffic lane as requested by the staff and Commission. It was moved by Commissioner Walsh, seconded by Commissioner Greenwood and unanimously carried to receive and file the report. 3. Consideration of request for time extension, C.U.P. #75 -6, 5601 Lincoln. The Planning Director transmitted a request from Mr. Ken Beideman dated August 10 who requested a one year extension of Conditional Use Permit #75 -6 which was approved for the construction of a 104 -unit motel complex at 5601 Lincoln Avenue. The applicant indicated that financial problems were the reason for the delay in construction. It was moved by Commissioner Walsh, seconded by Commissioner Greenwood and unanimously carried to approve a one -year extension of time for Conditional Use Permit #75 -6. 4. Report on City Council actions re: Mervyn's. The Planning Director reported on recent problems considered by the City Council relating to complaints about inadequate landscaping and screening adjacent to the Mervyn's store at the southwest corner of Valley View and Ball Road. As part of its consideration of this matter the City Council requested that the Planning Commission undertake a study of zoning requirements for commercial development and consider the possibility of tightening restrictions in order to prevent problems such as those experienced with the Mervyn's store. The Council suggested that more specific standards be con- sidered for landscaping, setbacks and screening between residential and commercial developments. The Planning Director reported that staff contacted other commercial developers who are currently developing projects in the City and notified them of the potential problems so that they might take precautionary measures. Commissioner Walsh stated she was strongly in favor of making the automatic extension of a wall a condition of any commercial development. Commissioner Van Allen felt it would be difficult to establish wall height and landscaping requirements which would be applicable to every situation in the City and that a hard and fast rule would be difficult to enforce. He recom- mended that during design review of development applications the landscape, wall height and setback requirements be deter- mined in accordance with the minimum requirements contained in the Zoning Ordinance. Commissioner Walsh stated she agreed with this suggestion. The Commission requested that the Planning Director place this matter on the agenda for the September 16 meeting. 2. Planning Commission Minutes August 19, 1976 5. Consideration of American Pool Nursery, Lincoln Avenue east of Denni Street. Commissioner Van Allen reported he noticed construction under- way at the American Pool Nursery and he asked if further plans were submitted by the owner as requested by the Planning Commission. The Zoning Inspector reported that staff noticed the construction during field inspections and after determining that no building permits were issued staff sent a letter to the nursery requesting that they stop construction and contact the Building Department. Staff reported they did not contact the City but that as of August 18 it appeared construction had ceased. The Commission directed the staff to contact the applicant and request that he comply with the zoning and building code requirements or the City will notify the City Attorney's office and request appropriate action. 6. Review of landscape plans, Tract 8888. The Planning Director reviewed the landscape and irrigation plans for Tract #8888 situated on the west side of Holder Street north of the Pacific Electric Railroad right -of -way. In June, 1976 the Planning Commission approved revised plot plans for 43 condominium units in Tract 8888 and also approved the subdivision map. The Planning Director reported that 24" and 36" box specimen trees were proposed. He indicated staff's concern related to the proposal to include Coastal Redwood trees in the landscaping program since staff had reser- vations about the soil quality and its ability to maintain this species. Staff recommended that Aleppo Pine or Canary Island Pine trees be substituted or that the applicant demon- strate that the Coastal Redwood trees will be able to survive in this area. It was moved by Commissioner Walsh, seconded by Commissioner Greenwood and unanimously carried to approve the landscape and irrigation plans for Tract #8888, (Conditional Use Permit #75 -1), and request that the Planning Director negotiate with the applicant regarding the planting of the Coastal Redwood trees. RECESS: Commissioner Van Allen called a recess at 7:15 p.m. The meeting was called back to order at 7:30 p.m. with Commis- sioners Hart and Mullen absent. ORAL COMMUNICATIONS: Commissioner Van Allen asked if anyone wished to speak in regard to any matter which was not on the agenda. There was no one wishing to speak. PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76 -3: Commis- sioner Van Allen announced that this was the time and place for the public hearing to consider a proposal to amend the General Plan of the City of Cypress by: A. Changing the General Plan designation on a parcel of land located at 6101 Orange Avenue situated on the northerly side of Orange Avenue approximately 400' easterly of Valley View Street from a commercial class- ification to a high- density residential category. 3. Planning Commission Minutes August 19, 1976 B. Changing the land use designation on an 8.8 acre parcel of land located at 4782 Lincoln Avenue situated on the southerly side of Lincoln Avenue opposite Sumner Place from a highway commercial classification to a combination of highway commercial and high- density residential categories. Commissioner Van Allen opened the public hearing and asked for the staff's report. The Planning Director indicated the General Plan amendment was designated as No. 76 -3A for 6101 Orange Avenue and No. 76 -3B for 4782 Lincoln Avenue. He presented Staff Report PC #76 -29 dated August 13 regarding Amendment #76 -3A. The amendment application was initiated by the City Council on June 14, 1976 in conjunction with their approval of Zone Change #76 -3 which reclassifies the subject property from the CG 10,000 Zone to the RM -20 /A Multiple Family Residential Zone. Mr. Hawley outlined the subject property and surrounding land uses. Commissioner Van Allen asked if anyone wished to speak in support or in opposition to General Plan Amendment #76 -3A. There was no one wishing to speak in favor or opposition. Commissioner Greenwood stated he supported the amendment and felt commercial use is not viable at this location and that the proposed use is appropriate for the property. It was moved by Commissioner Greenwood and seconded by Com- missioner Walsh to approve General Plan Amendment #76 -3A for 6101 Orange Avenue. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COMMISSIONERS: Greenwood, Van Allen & Walsh 0 COMMISSIONERS: None 2 COMMISSIONERS: Hart & Mullen The Planning Director summarized Staff Report PC #76 -30 dated August 13 regarding Amendment #76 -3B. The amendment applica- tion was initiated by the City Council on July 12, 1976 in conjunction with their approval of Zone Change #76 -2 which reclassifies the subject property from the CH- Commercial Highway Zone to the CH and RM -20 /A Multiple Family Residential Zone. The Planning Director outlined the subject property and surrounding land uses. Commissioner Van Allen asked if anyone wished to speak in favor of General Plan Amendment #76 -3B. Mr. William Shaeffer, 9173 Ethel Street, Cypress, stated he did not support or oppose the amendment but he wished to include in the record that the applicant in the zone change proposal stipulated to a density of 12.9 units per acre. The applicant also stipulated that Julie Beth Street and Ethel Street would be cul -de -sac streets. Mr. Shaeffer reported that the adjacent single - family property owners objected to the high density of the original proposal but they supported the revised proposal after seeing the plans and after the developer stipulated to a density of 12.9 units per acre. 4. Planning Commission Minutes August 19, 1976 Mrs. Cheryl DeLoge, 9144 Ethel Street, Cypress, stated she opposed the original proposal for high- density development because she thought apartments were proposed. She stated she supported the zone change after she saw the plans and the applicant stipulated to a lower density project. She objected to the dumping and motorcycle noise on the property and stated she did not wish to wait longer for the property to develop. Commissioner Van Allen asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Commissioner Walsh to approve General Plan Amendment #76 -3B. The motion died for lack of a second. Commissioner Greenwood stated he could not support the proposal as the proper use of the property and he supported the CH and light manufacturing zoning because of the need for this zoning in the City. Commissioner Van Allen indicated he neither supported nor objected to the proposed use but felt it should be considered in terms of the overall planning concepts for Lincoln Avenue. He indicated he was opposed to piecemeal development along Lincoln. Commissioner Walsh stated she supported the amendment because the property is boxed in, it has been undevelopable for a long time and there is a wide range of uses in the immediate area. She did not feel the high- density residential designation would set a precedent for all of Lincoln and she felt the amendment was a viable solution to the particular problem that exists with Lincoln Avenue. Mr. William Shaeffer, 9173 Ethel, Cypress, asked if the several businesses between Denni and Moody would be removed with the approval of the Lincoln Avenue plan. He stated past proposals for the property have not materialized and he stated he would oppose light manufacturing which covers a wide range of uses which could be noisy. He stated he would like five commissioners to act on this matter. Mrs. Cheryl DeLoge, 9144 Ethel, Cypress, asked if there was a possibility of the property being annexed to the City and felt if the property was annexed then the entire southwest corner of Lincoln and Moody could be used for a larger development. She felt there were enough shopping centers in this area and pointed out that light industrial parks in Los Alamitos have vacancies. Mrs. Daryle Ellwart, manager of the Chamber of Commerce, reported the Industrial /Commercial Development Commission had studied the problem of deep lots on Lincoln and had felt it was impossible to develop them with 600 feet of depth of commercial use. As the highest and best use of such parcels they recommended a combination of uses such as the one proposed. Mrs. Ellwart reported that for five years she has been un- successful in bringing in a tenant for the property. She stated a light industrial designation would allow a wide variety of uses which may not be compatible to the adjacent residents and she felt there was not enough buying power near Lincoln to support commercial development. Commissioner Walsh stated she agreed with these comments and stated other cities handle the problem by splitting deep lots. She felt the amendment is a viable solution to this problem and stated she was in favor of continuing the hearing. Commissioner Van Allen agreed that splitting deep lots could be a solution to the problems on Lincoln but he felt it should be done as an overall plan which is applicable to all the deep lots on Lincoln. He also suggested that this matter be continued. 5. Planning Commission Minutes August 19, 1976 It was moved by Commissioner Walsh, seconded by Commissioner Greenwood and unanimously carried to continue the public hearing regarding General Plan Amendment #76 -3B to September 16. PUBLIC HEARING RE: ZONE CHANGE NO. 76 -6: Commissioner Van Allen announced that this was the time and place for the public hearing to consider a pre- annexation zoning request to change the zoning on a parcel of land located at 9071 Walker Street situated on the southwesterly corner of Walker Street and Bishop Street from a County commercial zone class- ification to the City's CG- 10,000 Commercial General Zone. He opened the hearing and asked for the staff's report. The Planning Director presented Staff Report PC #76 -31 dated August 13 regarding the pre- annexation zone change proposal. He reported the subject property has 100 feet of frontage on the west side of Walker and 132 feet of frontage on the south side of Bishop Street and is the site of the former Cypress Station Post Office. The building was recently converted to a retail clothing store. Adjacent uses are single - family dwellings to the west, south and across Walker to the east; to the north between Bishop and Lincoln are various commercial businesses. Commissioner Van Allen asked if anyone wished to speak in favor. There was no one wishing to speak in favor. He asked if anyone wished to speak in opposition. Ms. Bertha Rosen, a real estate broker at 9081 Walker Street, directly south of the subject property, reported that the County permit issued for the business was for a warehouse and wholesale operation and because of insufficient parking on the site there was to be no retail business. She reported the County asked the business to close because of their violation of the permit. Mrs. Rosen felt there was insufficient parking available for a retail business and objected to the fact that customers were parking in her driveway. She indicated that she was in favor of the commercial designation for the property. The Planning Director stated that retail commercial facilities are permitted in the CG zone and that if this use is annexed into the City the lack of adequate parking would make it a non - confrming use which would be allowed to remain. Mrs. Daryle Ellwart, Manager of the Chamber of Commerce, supported bringing a good revenue producing business into the City. She felt just as many customers visited the post office as the store and stated she was surprised there was a parking problem. Commissioner Van Allen closed the public hearing. It was moved by Commissioner Greenwood and seconded by Commis- sioner Walsh to approve Zone Change No. 76 -6. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COMMISSIONERS: Greenwood, Van Allen & Walsh 0 COMMISSIONERS: None 2 COMMISSIONERS: Hart & Mullen 6. Planning Commission Minutes August 19, 1976 ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: Commissioner Van Allen adjourned the meeting at 8:55 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY F THE PLANNI COMMISSION 7.