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Minutes 1977-03-03MINUTES OF A REGULAR MEETING OF TIIE CYPRESS PLANNING COMMISSION HELD March 3 1977 The regular meeting of the Cypress Planning Commission was called to order at 6 35 p m on Thursday March 3 1977 in the Cypress City Council Chambers 5275 Orange Avenue Cypress California Chairman Gerald Mulien presiding PRESENT ABSENT Commis Toners Friedmann Van Allen and Mullen None Greenwood Partin Also present were Brian Hawley Planning Director Art Schat eder Public Works Director Roger Grahle Deputy City Attorney Don Lamm Assistant Planner and Sandy Pegueros Business Licen_e/Zoning Inspector PLEDGE OF ALLEGIANCE Commissioner Van Allen led the pledge of allegiance to the flag MINUTES February 17 It was moved by Commissioner Greenwood seconded by Commis sioner Friedmann and unanimously carried to approve the February 17 minutes Hearing no objections Chairman Mulien added Item #7 under Administrative Matters regarding a revision to C U P #76-3 for a mini warehouse storage facility at 632 Lincoln Avenue an item regarding the landscaping and signing for the 7 - Eleven tore at Lincoln and Denni an item regarding solar heating and an item retarding the Stop and Go Market at Moody and Ball ADMINISTRATIVE MATTERS 1 Tentative Tract #9,36 D. H. Brose The Planning Director presented Staff Report #77 6 dated February 24 and the tentative tract map which propose the division of about two acres of land into ten single-family lots The property is located in the RS 6000 Residential Single Family Zone on the west side of Grindlay Street north of Orange Avenue opposite the Civic Center Mr Mark Ferguson representing New Horizons the developer inquired about Condition #12 and to what extent Grindlay Street had to be capped if it is open -cut The staff ex- plained that the one -inch asphalt paving would be required only along the frontage of the tract Mr Ferguson stated this was acceptable and that they agreed with the other conditions Ile reported that the developer proposed to connect with the storm drain constructed by the Latter Day Saints Church to the west rather than use the permanent easement on the Church's property and extend the City's storm drain It was moved by Commissioner Van Allen seconded by Chairman Mullen and unanimously carried to approve Tentative Tract Map #9736 subject to the following conditions Planning Commission Minutes March 3 197' 1 Drainage fees shall be paid on all parcels in accor- dance with the Master Plan of Drainage Drainage shall he solved to the satisfaction of the City Engineer In addition a grading plan shall be submitted for approval The proposed ten foot (10 1 wide storm drain easement across the Latter Day Saint s Church property shall be dedicated to the City of Cypress and recorded with the County of Orange prior to the issuance of a grading permit A temporary construction easement shall also be obtained from the Church 4 The existing permanent storm drain easement along the easterly Church property line shall be abandoned by the developer of this tract 5 A grading plan together with topography and street improvement plans shall be submitted and approved by the Building and Engineering Departments This will also require a preliminary soils report 6 All lots shall have a slope gradient of between one percent (1 ) and three percent (3 ) from rear lot line to the street 7 Grindlay Street and Street A shall be dedicated and fully improved with curb gutter sidewalk paving sewer and public utilities in accordance with the Master Plan of Streets and Highways and applicable City codes 8 The minimum flowline grade in streets shall be 0 20 9 Curb returns at the intersection of Grindlay Street and Street A shall have a radius of twenty five feet (25 ) 10 Street A cul-de-sac shall have a property line radius of forty-four feet (44 ) with an additional six foot (6 ) wide walkway tree planting and public utility easement The cul-de-sac shall be constructed per County of Orange Standard No 10' 11 Street A shall have a total dedicated right-of-way width of forty eight feet (48 ) with an additional six-foot (6') wide walkway tree planting and public utility easement on each side of the street 1 Grindlay Street in front of this development shall be resurfaced with one inch (1 ) minimum thickness asphalt concrete from curb to curb if it is necessary to open cut the street in more than one place Any open cut shall be backfilled per City of Cypress Standard No 110 13 Construction standards will he applicable to the most recent Uniform Codes established by the Building Department 14 All secondary and primary utility services shall be underground 15 Curbs shall be marked for location of ewer laterals Planning Commission Minutes March 3 1977 16 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sani tation District No 3 Resolution No 303 17 Sewer laterals connecting existing houses at this property shall be plugged at the property line to the satisfaction of the Public Works Director and Building Superintendent 18 The developer shall provide mailbox mounting facilities for each residence to the satisfaction of the Public Works Director Planning Director and Postmaster 19 Prior to recordation of the map water improvement plans shall be approved by the Fire Warden for fire protection and financial security posted for the installation The adequacy and reliability of water ystem design location of valves and distribution of fire hydrants will be evaluated in accordance with Puhlic Utilities Commission General Order *103 '0 Necessary fire hydrants shall be installed in accor- dance with Fire Department requirements and City Standards 21 Plan checking inspection fees final subdivision map filing fees and Recreation and Park fees shall be paid in accordance with City of Cypress Resolution No 1713 and the City Zoning Ordinance A developer s license fee of $50 00 per unit is re- quired at the time building permits are issued 3 Street lights shall he installed on Street A per City of Cypress Standards 24 Advance street light energy charges shall be paid 25 Street trees (15 gallon) shall be installed along Grindlay Street and Street A in conformance with the street tree policy of the Puhlic Works Department The type of trees shall be as required under the Town scape and Urban Design Element of the City s General Plan 26 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 plant specified The test results shall include concentration of nitrogen phosphorus potas ium pH salinity sodium status and boron saturation extract Results of these tests with recommendations of the agricultural laboratory shall he furnished to the Public Works Department for approval at lea_t 30 days prior to planting date 27 A minimum six foot (6 1 high Klock wall measured from the highest adiacent grade shall he constructed along Grindlay Street 28 A retaining wall per City of Cypress Standards shall be constructed at the property line where the grade difference is greater than twelve inches (12") 9 All existing block walls shall be maintained at a six- foot (6 1 height above highest adiacent grade Property owners' approval must be obtained prior to extension of any existing walls Planning Commission Minutes March 3 1977 30 Installation of cable TV shall be subiect to any City ordinance or regulations which are in effect at the time of recording of the final map 31 All requirements of the State Subdivision Map Act and the City s Subdivision Ordinance shall be satisfied 32 Developer shall conform to all applicable provisions of the City Code 33 Prior to the issuance of building permits plot plans and elevations shall be submitted for all proposed units for review and approval by the Planning Commis- sion in accordance with the design review provisions of the Zoning Ordinance 2 Discussion of Midwood Manor The Planning Director transmitted a memorandum dated February 25 and a letter from Mr Michael Park representing the property manager for Midwood Manor Mr Park's letter indicated that the Board of Governors of the Homeowners' Association did prohibit parking in the corner area and reassigned parking spaces to those residents who had been using that area for parking Mr Park indicated that the Association is unable to meet all of its capital improve- ment obligations including removal of the blacktop and he requested that the Commission consent to allow the blacktop to remain Ms Barbara Channell attorney representing the Midwood Manor Homeowners' Association apologi ed that the Association has been less than cooperative and for their non-compliance with the Commission's requests She stated they are exper- iencing internal problems and the Board is not well organi ed Ms Channell requested the Commission s permission to continue this matter to the next meeting She stated she will request that the Board convene an interim meeting within the next week to make a determination regarding the barricade and removal of blacktop and to investigate an alternative to continue to use the parking area which would be satisfactory to the Commission and adjacent neighbors of Midwood Manor Chairman Mullen asked if anyone wished to speak on this matter Mr Powell 10401 Santa Elise Cypress stated he would support a two week continuance as long as Midwood Manor acts in good faith to resolve the matter in that time Mr Powell indicated the problems are not as bad now but the problems he objected to previously were the repair of cars in that area, roar of engines fumes and noise Mr Powell gave a brief history of the problem which he stated has continued for over a year Commissioner Partin was in favor of immediately barricading the corner area to prohibit parking and felt if the Association is not forced to act they will not make concessions to the neighbors Iie noted that the Association has already prohibited parking in the area and reassigned parking spaces He felt if the Association finds a viable solution to the problem they can present a proposal to the Commission Commissioner Van Allen felt that to allow them to barricade the lot now may give the impression that they are exempt from removing the blacktop which the Commission required at least twice before Ms Channell stated she preferred Commissioner Partin's sug gestion and felt it would place a burden on the Association to take action Chairman Mullen was in favor of continuing the matter to the next meeting based on the good faith of the attorney for Midwood Manor He felt demands should not be Planning Commission Minutes March 3 1977 made now and stated if the City s demands are legal and not complied with then he would like to pursue non-compliance as a misdemeanor Commissioner Friedmann supported contin uing the matter and Commissioner Greenwood felt it would be ineffective for the City to make demands which it cannot enforce It was moved by Chairman Mullen seconded by Commissioner Greenwood and carried with Commissioners Van Allen and Partin voting no to continue the matter to the next meeting Commissioner Van Allen stated he supported the continuance but opposed the motion because he was in favor of barricading the lot now The Planning Director urged the Association s attorney to transmit the concerns of the adiacent homeowners and Commission attempt to arrive at a plan for ultimate use of the corner area and review the plan with adiacent homeowners and to notify him of their proposed action before the next meeting 3 Consideration of Revi ion to C U P #76 3 Mini Warehouse Storage Facility at 6322 Lincoln Avenue The Planning Director reported that the applicant Mr David Christian was requesting a modification to the plans for the mini warehouse storage facility located on the south side of Lincoln east of Valley View Street which involved the proposed resident -manager's dwelling The applicant proposed to relocate the dwelling further east immediately adjacent to Lincoln and to construct a two story rather than one story dwelling Six warehouse units would be relocated to where the dwelling was originally proposed The applicant would retain the same elevation construct a mansard tile roof and no windows would overlook Lincoln Avenue The building would serve a dual purpose as a dwelling and office Mr David Christian the applicant 12241 Glen Avenue Downey stated the two-story dwelling would provide better livability and security He stated he agreed with staff s suggestions for the front elevation It was moved by Chairman Mullen seconded by Commissioner Greenwood and unanimously carried to approve the modification to the plans for C U P #76 3 with the understanding that the structure will he a combination office/residence for the resident manager Chairman Mullen announced that it was time to conduct the public hearings He opened the following hearings and con- tinued them until later PUBLIC HEARING RE CONDITIONAL USE PERMIT #77-1 - J A REYNOLDS PUBLIC HEARING RE ZONE CHANGE #77-1 J A REYNOLDS PUBLIC HEARING RE ZONE CHANGE #77 2 - LINCOLN AVENUE COMBINING ZONE ZONE CHANGE #77 3 MEB INVESTMENTS 4 Design Review Office Building at the Northeast Corner of Denni and Cerritos. The Planning Director presented a memorandum dated February 23 decribin the application for a 5 8 square foot office building to be located at the northeast corner of Denni and Cerritos Avenue He presented the plot plans and elevations Planning Commission Minutes March 3 1977 He reported that the Public Works Department recommended two additional conditions (1) no drive approach shall he allowed on Cerritos Avenue within fifty feet (50 ) of the beginning of the Cerritos Avenue curb return (2) the sewer lateral from this development may be connected to the private sewer line existing along the north property line only if connection rights are recorded with the county If connection rights are not or cannot be recorded the developer shall connect directly into the existing public sewer in Denni Street subject to City of Cypress excavation and backfill requirements Mr Jared Sloan architect representing the property owner 10311 Los Alamitos Boulevard Los Alamitos felt closing the westerly driveway on Cerrito would be an inconvenience Commissioner Partin pointed out that a traffic signal is proposed within the next two years for this intersection and the westerly driveway so close to a signal would present a safety problem Commissioner Van Allen felt the location of the trash area would make maneuvering by trash trucks difficult He asked if the building could be moved closer to the southwest corner of the property The Cerritos driveway could then be moved further east and this would improve through circulation in the parking lot and the parking area would not be in front of the building which he felt was unattractive Mr Sloan stated this alternate design was considered and would have resulted in insufficient parking The staff pointed out that relocating the building to the southwest corner would necessitate a variance from the parking require- ments or from the 25 foot front setback requirement Mr Sloan stated he would like to restudy the plans giving con- sideration to relocating the building The Planning Director stated he would prefer considering the setback variance since the parking situation was tight and it would be beneficial to provide the second access for a commercial development It was moved by Commis ioner Van Allen seconded by Commis- sioner Greenwood and unanimously carried to continue the matter to the next meeting to give the applicant a chance to review the plans ORAL COMMUNICATIONS Chairman Mullen asked if anyone wished to speak in regard to any matter not on the agenda There was no one wishing to speak The Planning Director recommended that the first two public hearings be considered together PUBLIC HEARING RE. CONDITIONAL USE PERMIT #77 1 - J. A. REYNOLDS Chairman Mullen announced that this was the time and place for the public hearing to consider a proposed conditional use permit to provide for the establishment of a '0 -lot residential subdivision project to the rear of a proposed commercial development The residential portion of this project will consist of 20 single family residences situated on approximately 3 75 acres served by a cul-de sac street from Orange Avenue The commercial portion of the project will be established on approximately 2 25 acres which will consist of three separate buildings housing various retail commercial stores offices restaurant facilities and surrounded by off-street parking and land- scaped areas Tentative Tract No 9743 will be considered in conjunction with this project which will provide for the division of the total area into 23 lots Planning Commi.sion Minutes March 3 1977 PUBLIC HEARING RE. ZONE CHANGE #77-1 J. A. REYNOLDS Chairman Mullen also opened the hearing regarding Zone Change #77-1 consisting of a proposal to re one a portion of the approximately six acre parcel of land situated at the south westerly corner of Valley View Street and Orange Avenue from its current one of CG -10000 Commercial General to RS -6000 Residential Single Family The proposal calls for the retention of approximately 2 25 acres as commercial land along Valley View Street with the westerly 3 75 acres of land being proposed for single family residential devel opment The Assistant Planner summari ed Staff Report #77 4 dated February 25 describing the conditional use permit and zone change proposals Staff recommended approval of the zone change and approval of the conditional use permit subject to 44 conditions of approval The staff presented a plot plan for the residential portion and colored rendering/ plot plan for the commercial portion Chairman Mullen asked if the applicant wished to speak Mr Jerome A Reynolds the applicant 50 Newport Center Drive Newport Beach stated that Condition #1 as written would be a hardship and requested that it be changed to read prior to the first inspection on the residential portion that the first inspection be done for the commercial portion He interpreted first inspection as the foundations are poured and in place He reported they have separate lenders for the commercial portion and residential portion and both loans are necessary to purchase the property along with their own capital He reported that building permits for the entire project are necessary in order to fund the loans He stated their intent is to coordinate the loan funding and groundbreaking simultaneously The Public Works Director stated he would not be in favor of changing the condition and his interpretation of first inspec tion is inspection of the footings which would not be a guarantee that the foundations will be poured He stated there is a risk with Condition #1 even as it is written since the construe tion of commercial foundations does not guarantee that commer cial will be built Mr Edward Moore representing Larmor Development Company 1101 S Grand Santa Ana stated there is one property owner and a high sale price of the land and they have arranged separate financing for the commercial and residential portions which will partly pay for the land He stated they mu,t fund both loans at the same time He stated their original plan was to take out concurrent building permits and from prelim inary discussions with the City they thought this was accep- table He stated if they take out both permits and proceed with the commercial foundations then they are committed to the commercial and residential since the building permits entail high residential fees Mr Reynolds asked what the applicant could do to assure the City that they intend to pursue commercial development He asked if the permits could be conditioned on them providing evidence that the loans have been funded He felt if this evidence (loan documents) is not presented to the City within a certain specified period of time then the City could stop work on them The City Attorney stated that the building permits could not be conditioned He also stated the developer could sue the City if they are issued building permits and the City refuses inspection Mr Reynolds suggested that Planning Commission Minutes March 3 1977 the applicant could sign an agreement stating they will not proceed with development beyond the residential foundations until they complete the commercial foundations He felt if the applicant did not meet the condition it would be a breech of contract and the City could refuse inspection and occupancy permits and the applicant would not have grounds for a suit Mr Reynolds stated they considered funding the commercial foundations and grading of the entire property out of their pocket but they are unable to do so without the loans and furthermore grading would require the owner's permission The Planning Director stated he was satisfied with the appli- cant s suggestion that prior to first inspection of the footings for the residential portion the foundations shall be poured for the commercial project He felt a lawsuit would be costly to the developer and would not he pursued He suggested the change to Condition #1 as the applicant requested and that in addition to the letter accepting the conditions of approval the applicant could sign a letter committing him to the com- mercial development Commissioner Greenwood supported this recommendation since the applicant needed both loans to purchase the property and since staff admitted Condition #1 as written was not much more of a guarantee Mr Reynolds added that the loans cannot be funded until the property is cleared of any indebtedness and until the permits are issued to build the proposed development He explained that it is a construction loan to build per plans and specifi- cations not a loan to purchase the land He stated permits are the ultimate indication to the lender that the plans are acceptable to the City Chairman Mullen asked if anyone wished to speak in favor Mr Ken Hulse 5158 Cumberland Drive Cypress felt all the discussion was not worthwhile since on the proposal to develop the 479 acres in the City the Commission did not require such assurances in detail from that developer He recommended coming to an agreement and allowing the applicant to proceed Chairman Mullen asked if anyone wished to speak in opposition Mr James Duncan 9787 Rome Street Cypress stated he was not opposed to the project but that he wanted commercial development He felt if residential is constructed then later they could tear out the commercial foundations and build more residential He stated this has happened before where commercial lots kept decreasing Mr Reynolds stated it has always been their intent to simul- taneously build commercial and residential and they will do whatever they can to assure the City they will commence con struction simultaneously and pursue both diligently until completion Mr Reynolds stated they have a lease out to McDonald in Chicago and would like the center to he open for Christmas which is important from a merchandising standpoint He recommended getting beyond step one the building permits and placing guarantees at step two since the condition as it is makes it impossible to proceed Mr Reynolds stated they have precise plans for the commercial and they will proceed on the working drawings for the residential after City Council approval He stated the target date to submit plans and obtain permits is June 1 He stated the success of a project is 500 timing 50° concept and they would not like a continuance He suggested that the Commission discuss other items and come back to this issue Planning Commission Minutes March 3 1977 In regard to Condition if 2 Mr Reynolds stated there are rear doors on Building A since they wanted to encourage employee parking and deliveries at the rear and the condition calls for no rear doors He asked if they could have recessed doors with plans subject to approval of the Fire Marshal The Planning Director stated this could be worked out at the staff level and rear doors could be allowed subject to staff approval On the tentative tract map conditions #4 and ' Mr Reynolds stated the conditions call for a six foot wide walkway tree planting and public utility easement on each side of Street 'A He stated the walkway is included in the street width Staff agreed that walkway could be deleted from the conditions The City Attorney recommended that Condition #44 for the C U P be changed to state that the effective date of the conditional use permit is contingent upon the effective date of Zone Change #77 1 Mr Reynolds stated the remaining conditions are acceptable Mr Alex Bell 9461 Grindlay Street Cypress supported the project and stated that as a developer he could verify the statements of the applicant He stated that before lenders will record a loan the real estate must be free and clear of encumbrances and building permits must be issued He stated that a loan is recorded on the basis of a certain project being built and the project is specifically detailed in the loan docu- ment Mr Bell stated that a construction loan in most cases is backed up by a take-out loan which is activated after a certain period of time If the project is not completed before that time expires then the builder would be in default and the lender would foreclose therefore the developer would be inter- ested in completing the prosect on time Mr Bell stated that many good projects are lost because of government delays and he urged having reasonable commitments and not delaying Mr Joe Hardcastle 4588 Blanca Drive Cypress speaking as president of the Cypress Citi_ens' Association stated the organi-ation is opposed to more residential development without developing a tax base and building residential without commer cial will raise taxes The Planning Director stated the Commission could act on the conditional use permit on the ba is of it being a recommendation to the City Council and the Commission could recommend a stip- ulation/guarantee for commercial development He felt this would be a positive action by not causing delay to the appli- cant and since the ultimate decision rests with the Council for the tentative tract approval the Council could also then decide on an acceptable guarantee for commercial Mr Reynolds stated he would like a Commission determination regarding one and two-story dwellings so they can prepare the tentative tract map plans The Planning Director noted that the EIR suggested a restriction of single story homes on certain lots as a mitigating measure Mr Reynolds reported they propose only about seven two story homes with two or three adjacent to the commercial On the west side of the property he stated they would place a one story next to a two story in the tract to the west to avoid the problem of having a two-story adjacent to a two-story dwelling Mr Reynolds stated the two story homes would probably go on Lots #18 and 19 which are adjacent to the service station property Planning Commission Minutes March 3 1977 Commissioners Partin and Friedmann felt there may he future problems with placing two-story dwellings adjacent to the com mercial and Commissioner Friedmann recommended that the lots adjacent to the tennis courts be single story She felt only two or three two story homes next to the commercial would not be a problem Commissioner Van Allen felt existing residents to the west may object to the residential since they may have expected commercial development The Planning Commission agreed with the Planning Director s suggestion that staff will notify the adjacent property owners of the time for design review of the project Commissioner Van Allen asked if there was a sequence for devel- opment Mr Reynolds stated that Buildings A and C will be started immediately and developed concurrently He stated they are entering a ground lease with McDonalds for Building B and they will make full improvements of the property for Building B when they do Building A but McDonalds will construct their own building Ile reported that Building B is designed to McDonalds specifications however there may he slight variations to Buildings B and C depending upon the ultimate tenant He stated that locally McDonalds accepted the pro- hibition for a drive through restaurant but they are awaiting to hear from the Chicago offices At the Planning Director s suggestion Chairman Mullen included in Condition #' that any deviation from the plot plans and ele- vations as submitted and reviewed by the Commission shall be subiect to additional review and approval by the Commission prior to the issuance of a building permit Mr Reynolds indicated that the sidewalk landscaping, parking configuration of building and trash area meet McDonalds require ments He stated the applicant has signed the lease and told McDonalds they want the building materials consistent with the rest of the development which includes heavy shake roof and wood siding He felt McDonalds deserves some architectural leeway since they will he a boon to the City Mr Reynolds stated they impressed on them that their building must be consistent with the overall design or they won t receive approval from the City Mr Reynolds described the trash areas for McDonalds and the other commercial buildings and they felt the locations would best promote use by the merchants and a well maintained center Commissioner Van Allen inquired if pedestrian walkways were planned between Valley View Orange and Building A since none were shown on the plans The Planning Director recommended an additional condition that striped pedestrian walkways be designed within the parking lot subiect to specifications and approval of staff Commis- sioner Van Allen also recommended that walkways be provided between Building A and C and B to the specifications of staff Chairman Mullen added this as Condition #45 The Planning Director reported that the developer is providing more than the required number of parking spaces but staff did not recommend decreasing the parking because of the possibility of McDonalds going in which is a high traffic generator Mr Reynolds also reported that the shopping center sign will probably be located in the planter area along Valley View between the two driveways The Planning Director recommended an additional condition (#46) that the conditional use permit be subject to review and approval by the City Council 10 Planning Commission Minutes March 3 1977 It was moved by Commissioner Greenwood and seconded by Commis- sioner Friedmann to approve Zone Change #77-1 The motion unanimously carried by the following roll call vote AYES 5 COMMISSIONERS Friedmann Greenwood Partin Van Allen g Mullen NOES 0 COMMISSIONERS None ABSENT 0 COMMISSIONERS None It was moved by Chairman Mullen seconded by Commissioner Greenwood and unanimously carried to approve Tentative Tract Map 9743 subject to the following conditions as modified by the Commission 1 Approval of this Tentative Tract Map is conditioned upon effective date of Conditional Use Permit #77-1 by the City of Cypress and acceptance by the applicant of all conditions of approval attached thereto 2 Drainage shall he solved to the satisfaction of the City Engineer through an underground drainage system capable of handling a ten (101 year storm constructed to serve the existing tract to the west of this development A secondary drainage outlet shall be provided to protect all existing house pads from inundation in the event of a pipeline stoppage 3 The existing thirty-foot (30') wide drainage easement along the southerly boundary may he reduced to a mini- mum width of ten feet (10') The developer shall pay abandonment fees 4 Street A" shall be dedicated and fully improved with curb gutter sidewalk sewers and public utilities to a total dedicated right -of way width of forty-eight feet (48') with an additional six foot (6 ) wide tree planting and public utility easement on each side of the street 5 Orange Avenue in front of this development shall be resurfaced with one inch (1") minimum thickness asphalt concrete from curb to curb if it is necessary to open cut the street in more than one place Anv open cut shall be backfilled per City of Cypress Standard #110 6 Curb returns at the intersection of Orange Avenue and Street A" shall have a radius of twenty-five feet ( 5') Street A cul-de-sac shall have a property line radius of forty-four feet (44') with an additional six-foot (6 ) wide tree planting and public utility easement on each side of the street Cul-de-sac shall be constructed per County of Orange Standard #107 8 The minimum flowline grade in streets shall be 0 0 9 Street structural sections shall be based on the recommendation and soils report prepared by an engineering firm acceptable to the City Engineer with street structural sections to he determined by using an applicable T I (Traffic Index) 10 Street lights shall he installed per City Standards 11 Advance street light energy charges shall be paid 11 Planning Commission Minutes March 3 197' 12 All lots shall have a slope gradient of between one percent (1 ) and three percent (3°) from rear lot line to the street 13 Installation of cable TV shall be subject to any City ordinances or regulations which are in effect at the time of recording of the final map 14 Street trees (15 gallon) shall he installed along Street A 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 Element of the General Plan 15 The developer shall provide mailbox mounting facili- ties for each residence to the satisfaction of the Public Works Director Planning Director and Postmaster 16 Final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution No 1'13 17 Recreation and Park fees shall be paid in accordance with the City of Cypress Loning Ordinance 18 All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied It was moved by Chairman Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #77-1 subject to the following conditions 1 Prior to first inspection (footings) on the residential portion of this project foundations shall be poured and completed for the commercial portion with respect to Building A as designated on the plot plans submitted with the request and as reviewed and approved by the Planning Commission Development of the subject property shall be in general conformance with the plot plans and elevations sub- mitted with this request and as reviewed and approved by the Planning Commission Any deviations from the plot plans and elevations submitted with this request shall be subject to review and approval by the Planning Com mission 3 Prior to the issuance of a Building Permit precise plans and elevations of the residential portion of this project shall be submitted for review and approval by the Planning Commission and a final subdivision map shall be approved by the City and recorded at the County Recorder's Office legally establishing the lots necessary for implementation of this project 4 A preliminary soils report and complete grading plan including topographic and street improvement plans shall be submitted for review and approval by the Building and Engineering Departments 5 All on site drainage shall be conveyed to the street by means of an undersidewalk drain per City of Cypress standards and solved to the satisfaction of the City Engineer 6 All secondary and primary utility services shall be underground 7 Advance street light energy charges shall be paid 12 Planning Commission Minutes March 1977 8 All construction shall conform to the requirements of the Building Code and the requirements of Fire Zone 9 Handicapped parking stalls and building access ramps for wheelchairs shall be installed in accordance with State of California specifications 10 No open cuts shall he allowed on Orange Avenue or Valley View Street All utility connections on these streets shall be accomplished by boring underneath the pavement 11 The existing sidewalk on Valley View Street shall he widened to eight feet (8') except adjacent to proposed Building "C where the width shall be six feet (6') 12 Street signs shall he posted at or near the southwest corner of Building A stating 'One Way" and 'Do Not Enter 13 Necessary on-site commercial and residential fire hydrants with required flow shall be installed in accordance with the Orange County Fire Marshal and City standards 14 A master plan of sewers shall be submitted for approval by the City Engineer with plan check and inspection by the City's Engineering Division subject to plan checking and inspection fees 15 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sani- tation District No 3 Resolution No 303 16 Curbs shall be marked for location of sewer laterals 17 Plan check and inspection fees shall he paid in accor dance with City of Cypress Resolution No 1713 18 A developer's license fee of $50 00 per unit shall be paid at the time building permits are issued 19 The preci_e landscape plan for the commercial develop- ment shall be reviewed and approved by the Planning Commission prior to installation Landscape and irri- gation systems shall be completed prior to any occu- pancy permits being issued 20 Street trees (15 gallon) forty feet (40') on center shall be installed along Valley View Street and Orange Avenue 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 Element of the General Plan 21 Soil in planting areas including trees shall be tested by a qualified agricultural laboratory to deter- mine 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 and boron saturation extract Results of these tests with rec- ommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date 13 Planning Commission Minutes March 3 1977 A continuous physical barrier (i e 6 high concrete curb) shall be constructed at a minimum distance of five feet (5') from the base of the block wall separating the residential from the commercial devel- opment and two feet (2') from the base of the fence to the south of this development Planting shall be installed in the area between the block wall and the curb subject to approval of the landscape plans by the Planning Commission 23 A bond shall be posted by the applicant to guarantee maintenance of the irrigation system so that it operates in the manner for which it was designed and to guaran- tee maintenance of all plant materials in a healthy growing condition free of weeds and litter for a period of not less than twelve (12) months to the specifications of the City staff 24 An effective sight distance for vehicular traffic shall be maintained at the intersection of the drive- way entrances with Valley View Street and Orange Avenue No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer 25 The quantity location and type of driveway openings shall he subject to the approval of the City Engineer All driveway widths shall be thirty five feet (35 ) 26 Parking lot circulation shall he subiect to the approval of the City Engineer 7 Wheelchair and handicap access facilities shall be installed on site and off site in accordance with State of California and City of Cypress Building Department standards 28 In accordance with the suggestions within the Envir- onmental Impact Report the Planning Commission shall determine the extent of the buffer between the com- mercial and residential developments including the restriction of single story construction on the ten easterly residential lots building insulation or extensive landscaping as the Commission deems necessary to mitigate any possible adverse environmental effects 29 A minimum six-foot (6') high block wall measured from the highest adiacent grade shall be constructed along the northerly easterly and southerly tract boundary The wall shall be constructed per City of Cypress standards 30 The existing block wall along the westerly boundary shall be maintained at a six foot (6 ) height above the highest adiacent grade Property owners approval must be obtained prior to extension of the existing wall 31 A retaining wall will he required where the grade differential is greater than twelve inches (12') 3 There shall be no storage of any kind between the rear of the commercial building and the westerly lot line It is suggested that rear doors be eliminated on Building A subject to the approval of the Fire Marshal 14 Planning Commission Minutes March 3 1977 33 In the event that this development is constructed prior to the issuance of a Building Permit for the residential area directly to the west the developer of this project shall construct a minimum six-foot (6') high block wall along the property line separating the residential area from the commercial development 34 On-site security lighting shall be located adjacent to the wall separating the residential and commercial developments so that direct rays will not shine on adjacent residential properties or produce glare for street traffic 35 All roof -mounted equipment such as heating and air conditioning units shall be adequately screened from public view subject to the approval of the City staff 36 Commercial buildings which adjoin residentially- oned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoor to the satisfaction of the City staff 37 Plans for all commercial establishments wherein food or beverages are to he served shall be submitted for approval by the Orange County Health Department 38 Conditions Covenants and Restrictions (CCBR s) are required to insure reciprocal parking and access agree- ments between Lots 1 22 and 23 A copy of the CC&R s covering the development shall be submitted to the City staff and City Attorney for their review recommendations and approval to assure the continuance maintenance applicability and enforceability of the CC$R's so that the development will not become a liability to the City at a later date 39 All existing public improvements at the development site which are damaged cracked or otherwise below standard shall be removed and replaced to the satis- faction of the City Engineer 40 Bicycle racks shall be installed at the rate of one (1) space per each one thousand (1000) square feet of floor space The location of all bicycle racks shall be subject to the approval of the City staff 41 A maximum of four (4) parking spaces may have to be eliminated from the parking lot as a result of studies made by the City staff based on routes within the development The following parking talls may have to be eliminated to provide adequate maneuvering distances for trash trucks Stalls #22 7 98 and 99 42 Tentative Tract Map 79743 shall he accepted by the Cypress City Council and recorded with the County of Orange prior to issuance of a building permit for this development 43 Construction standards will be applicable to the most recent Uniform Codes established by the Building Department Developer shall conform to all other applicable provisions of the City Code 44 The effective date of Conditional Use Permit #77-1 shall be contingent upon the effective date of Tone Change #77 1 45 Pedestrian walkways shall be designated and provided between Buildings A and 'B and between Buildings A and C to the specifications of City staff 46 This conditional use permit shall be subiect to the review and approval of the City Council of the City of Cypress 15 Planning Commission Minutes March 3 1977 The motion unanimously carried bv the following roll call vote AYES NOES ABSENT 5 COMMISSIONERS Friedmann Greenwood Partin Van Allen g Mullen 0 COMMISSIONERS None 0 COMMISSIONERS None Chairman Mullen closed the hearing RECESS Chairman Mullen called a recess at 10 05 p m The meeting was called back to order at 10 15 p m with all Com missioners present PUBLIC HEARING RE. ZONE CHANGE #77 - LINCOLN AVENUE COMBINING ZONE Chairman Mullen announced that this was the time and place for the public hearing to consider a proposed amendment to the Zoning Ordinance of the City of Cypress which amendment would establish an 'Overlay Zone' for various parcels of land along Lincoln Avenue Although all properties along Lincoln Avenue will retain their basic Commercial Zone classification the purpose of this Overlay Zone is to provide for the estab lishment of any urban use subject to the granting of a Condi tional Use Permit in conjunction with a commercial proiect on parcels of land along Lincoln Avenue having depths in excess of 200 feet Chairman Mullen opened the hearing and asked for the staff report The Planning Director presented Staff Report #77-5 dated February 25 describing Zone Change #77 which is intended to provide an appropriate zone classification and requirements to implement the obiectives of General Plan Amendment #77 1 as approved by the City Council on February 14 1977 The one change will affect various parcels having frontage on Lincoln Avenue between Bloomfield and Holder which are currently oned CH 10000 and generally have depths in excess of 200 feet The CH designation will be changed to one which would provide for the establishment of a variety of urban uses subject to the granting of a conditional use permit when established in conjunction with commercial development The staff report outlined the proposed amendments to the Purposes Requirements Property Development Standards and Performance Standards Sections of the Zoning Ordinance for the Lincoln Avenue Combining Zone The Planning Director presented a map showing the parcels designated within the combining zone Ile stated these parcels were identified by the Lincoln Avenue Action Committee as having unique problems and warranting the overlay zone Chairman Mullen asked if anyone wished to speak in favor of Zone Change #77-2 No one wished to speak in favor He asked if anyone wished to speak in opposition Mr Joe Hardcastle 4588 Blanca Drive Cypress president of the Cypress Citi ens Association felt the amendment encourages more rezoning of commercial land on Lincoln to a mixture of uses narrows the commercial strip to a 200 foot deep strip and discourages large scale commercial development while encouraging small commercial development with multiple -family re idential use to the rear Ile stated he opposes the rezoning He felt the Lincoln Committee was overloaded with members interested in residential development He stated the City should develop its tax base before allowing more residential development He felt commercial lots can develop over a period of time He stated the CCA s position is opposition to the re..oning of commercial lots to residential The Planning Director responded that the reason for the ..one change was that the Committee felt lots which have a depth way out of proportion to width present unique problems and deserve special attention He stated the six member Committee was appointed bv the City Council and 500 were businessmen repre- sentatives Mr Hawley stated the purpose of the zone change 16 Planning Commission Minutes March 3 1977 is to establish uniform standards for the lots and that the change does not preclude or discourage large scale commercial development He stated the commercial designation will remain on all the parcels and the urban uses will be subject to a C U P and developed in conjunction with commercial uses He stated this is not wholesale rezoning of commercial to resi- dential He pointed out that many of the properties are not conducive to having multiple -family residential to the rear of commercial Mr Alex Bell 9461 Grindlav Cypress stated the Committee members were not sympathetic towards residential development and the three initial members Councilman Harvey Mr Hawley and himself realize the importance of commerce to the City and need for a tax base He stated he and Councilman Harvey are experienced in commercial development and property owners were included so the Committee would not be biased Ile stated the entire Committee agreed on trying to maximi e the amount of commercial use on Lincoln He stated the fact there has not been a substantial change in 50 years as Commissioner Greenwood stated indicates there are problems and that a compromise is necessary to give more flexible -oning The corner lots on arterials and secondary streets have been main tained in an all commercial one He stated a lot of consid eration was given as to which parcels to include in the LC Zone Commissioner Van Alien felt an advantage i that the zone change will establish strict guidelines and development standards and all developers will he treated with the same fairness Chairman Mullen stated the „one change will permit development of properties with conditional use permit control rather than requiring a „one change and General Plan amendment for indi- vidual properties which is a more time consuming and risky procedure for a developer and discourages good development He stated this will permit redevelopment of Lincoln through the free market system rather than by government redevelopment He noted the proposal was discussed in depth at the time of the General Plan Amendment hearing It was moved by Commissioner Van Allen and seconded by Commis- sioner Greenwood to approve Zone Change #77-2 for the Lincoln Avenue Combining Zone The motion unanimously carried by the following roll call vote AYES 5 COMMISSIONERS Friedmann Greenwood Van Allen B Mullen NOES 0 COMMISSIONERS None ABSENT 0 COMMISSIONERS None Partin Mr Bell thanked the Planning Director for his help and stated he was most responsible for the preparation of documents in providing guidance, soliciting assistance from the other staff members and for what was accomplished It was moved by Commissioner Van Allen seconded by Commis sioner Greenwood and unanimously carried to approve the revi- sions to the sections of the Zoning Ordinance text as outlined in the staff report and incorporate the map designating the parcels in the LC .one Mr Joe Hardcastle 4588 Blanca Drive Cypress president of the CCA stated they circulated a petition which received over 4000 signatures to try to adopt a requirement which would make it more difficult to change commercial property by requiring an election He felt the citi ens expressed their opinion Ile stated they want a commercial tax base developed and no more property re_oned to residential Chairman Mullen closed the hearing 17 Planning Commission Minutes March 3 1977 PUBLIC HEARING RE. ZONE CHANGE #77-3 - MER INVESTMENTS Chair- man Mullen announced that this was the time and place for the public hearing to consider a proposal to change the zoning of a 1 2 -acre parcel of land located immediately to the west and south of the Lincoln Pla a Shopping Center situated on the southerly side of Lincoln Avenue westerly of Denni Street The proposal is to change the one from its current classifica- tion of CH -Commercial Heavy to a dual classification providing for the establishment of an RM- 0/A Residential Multiple -Family and CH -Commercial Heavy Zone He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #'7 4 dated February 23 1977 describing the proposed zone change for property consisting of a vacant irregularly shaped parcel of land having 83 feet of frontage on the south side of Lincoln and a maximum depth of 323 feet The property wraps around the shopping center in an L-shaped fashion and separates the center from recently approved condominiums to the south The City Council on February 14 19'' approved General Plan Amend- ment #76-5 which allows the subject multiple -family residential zoning together with existing commercial oning on the parcel The rezoning was initiated by the Council to bring the property into conformance with the General Plan land use designation Staff recommended approval of the request as submitted Chairman Mullen asked if anyone wished to speak in favor or in opposition There was no one who wished to speak in support or opposition It was moved bv Commissioner Friedmann and seconded by Commis- sioner Partin to approve Zone Change #7'-3 The motion unani mously carried by the following roll call vote AYES 5 COMMISSIONERS Friedmann Greenwood Van Allen & Mullen NOES 0 COMMISSIONERS None ABSENT 0 COMMISSIONERS None Chairman Mullen closed the hearing Partin At the Planning Director s request and hearing no objections Chairman Mullen continued Item #4 Consideration of Coyote Creek Bike Path Proposal to the March 17 meeting ADMINISTRATIVE MATTERS (Continued) 5 Proposed vacation of public right-of-way southeast corner of Lincoln Avenue and Denni Street. The Public Works Director read a memorandum dated February 24 and presented a plot map outlining the proposed vacation The Commission was requested to determine whether the vacation is in conformance with the goals and objectives of the General Plan He reported that staff was unaware when the easement was acquired by the City and it may have been granted before the City s incorporation He reported the underlying fee title remained with the property owner who will now gain use of the easement as part of his property The property will go on the tax rolls and the City will not be reimbursed for the vacation It was moved by Chairman Mullen, seconded bv Commissioner Friedmann and unanimously carried to adopt a resolution finding that the proposed vacation of the public right -of way at the southeast corner of Lincoln Avenue and Denni Street is in conformance with the General Plan 18 Planning Commission Minutes March 3 1977 In regard to the item concerning solar heating the Planning Director stated he would place this on the agenda for the first April meeting The Commission agreed to continue the item until then In regard to the signing and landscaping for the 7 Eleven store at Lincoln and Denni Chairman Mullen stated he received a call from Commissioner Van Allen who indicated it appeared they were granted an occupancy permit before the landscaping was completed Commissioner Van Allen stated it appeared that prior to the grand opening someone planted sod in the planter area but that no further landscaping has been installed He stated he was concerned they opened the business without completing the requirements including completion of landscaping The Planning Director reported there was a communication problem among the staff regarding the business and the occupancy permit was granted without written approval from the appropriate depart ment heads The department heads did not sign off the green sheet for the occupancy Staff felt this was not a problem with the procedure but was a communication problem resulting from human error He stated he and the Public Works Director discus ed the error and felt the procedure should be changed From now on final clearance and the occupancy permit will not be issued until the Planning Director and Public Works Director sign the plans Mr Lamm reported that the 7 Eleven store did open on the date of the last Commission meeting without a business license They assured the staff that the landscaping contractor would be out working this week and that landscaping would he completed by this meeting He stated they have heard nothing more from the developer The Public Works Director explained how the error occurred and stated this was the first time for such an occurrence Commissioner Van Allen suggested that a requirement should be included in the conditions of approval for any development stating that landscaping and irrigation should be submitted for Commi sion review and approval and that landscaping should be installed prior to the issuance of the occupancy permit Staff stated they have been including this condition on all recent developments Commissioner Van Allen asked that the staff investigate the parking lot light attached to the top of the sign pole He stated it i a high powered light and shines into the lane of traffic heading north on Denni In regard to the signing Commissioner Van Allen stated that when the sign plans were reviewed by the Commission it was recommended that the applicant consider eliminating the second free tanding ign by having one combination sign for the 7 Eleven store and other tenants and also that they consider a ground level sign He stated he felt and still feels that the sign overpowers the corner He reported that at the November 18 1976 meeting the applicant produced a letter from the Texas corporation headquarters office which stated there could he no other sign in coniunction with the 7 Eleven sign on the freestanding pole and the Commission approved their signing on that basis Commissioner Van Allen reported that since then he has seen '-Eleven signs in other cities which deviate from that policy and he presented a photo of such a sign The sign at Carson and Paramount is a low level sign and combines the 7 -Eleven sign with a sign from the restaurant next door He felt the Commission was given misleading information by the applicant 19 Planning Commission Minutes March 3 1977 It was moved by Commissioner Van Allen and seconded by Commis- sioner Greenwood that the Planning Commission reconsider the signing program for the 7 -Eleven store at Lincoln and Denni and that staff request the applicant to he present at the next meeting to explain why the applicant should not have to remove the sign and replace it with a different signing program since the Commission s action was based on false and misleading information The Planning Director stated staff will investigate whether a sign permit was issued for the store Chairman Mullen stated he agreed with Commissioner Van Allen's objectives but he did not agree on reconsidering the matter since the sign was already granted approval and was erected The motion carried with Chairman Mullen voting no Regarding the signing at the Stop and Go Market at Moody and Ball the Planning Director reported he checked with the City Attorney who indicated the liquor sign is appropriate since the store has a liquor license and sells alcoholic beverages even though the type of liquor sold is beer and wine only Chairman Mullen asked that the staff send a letter to the corporation advising them of the appearance (uncleanliness) of the property that the Commission feels the signing is inappropriate and requesting their voluntary compliance to upgrade the property ADJOURNMENT P m ATTEST ailaAA SECREOF THE PLANNING COMMISSION Chairman Mullen adjourned the meeting at 11 50 CHAIRMAN OF THE PLANNING COMMISSION 20