Minutes 1977-04-07MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
April 7, 1977
The regular meeting of the Cypress Planning Commission was
called to order at 6 40 p m on Thursday, April 7, 1977 in
the Cypress City Council Chambers, 5275 Orange Avenue Cypress
California, Chairman Gerald Mullen presiding
PRESENT
ABSENT
Commissioners Friedmann, Partin and Mullen
Commissioners Greenwood and Van Allen
Also present were Don Lamm Assistant Planner, Art Schatzeder,
Public Works Director, and Elizabeth Strauss, Deputy City
Attorney
PLEDGE OF ALLEGIANCE• Commissioner Friedmann led the pledge
to the flag
At the request of staff, Chairman Mullen added Item #5 under
Administrative Matters regarding design review for C U P
#76-18, the Warmington Company and Item #6 regarding design
review for Tiffany Real Estate at Valley View and Ball Road
ADMINISTRATIVE MATTERS
1. Revision of Tentative Tract Map No 9593
The Assistant Planner presented Staff Report #77-11 dated
March 31 and a revised tentative tract map for a nine unit
condominium project located on the west side of Graham Street
Staff reported that because of an error by the developer, the
final tract map submitted to the City was not in substantial
conformance with the approved tentative map with regard to
the lot depth The original tentative map incorrectly showed
the lot depth as 42 feet while this was the length of the
building Further, the original map showed a 28 foot -wide
driveway while the driveway as constructed is 23.5 feet, one
and a half feet less than the requirement for a two directional
driveway The condominiums are nearing completion of construc-
tion Staff stated the alternatives were to approve the map
or deny the map and the project would have to revert to apart-
ments
Chairman Mullen asked if the applicant wished to speak
Mr Doug Powery, representing MEB Investments, 3723 Birch
Newport Beach, reported the driveway is fully paved and in use
He apologized for the error and stated it was made by the
engineer on the grading plan and then transferred by the
surveyor to the lot length He reported all garages have
automatic door openers and there has not been a problem in
maneuvering in the driveway
The Assistant Planner presented slides showing the driveway
location and size
Chairman Mullen stated he visited the site over the weekend
but he did not discuss this matter with the applicant
Mr Powery reported the curb protecting the wall is about
18 inches from the wall which is located on the property line
The space between the curb and wall will be used for land-
scaping He stated the developer researched all possibilities
to expand the driveway but found no solution
Planning Commission Minutes April 7 1977
Commissioner Partin suggested that trees be planted between
the curb and wall which could protect the wall from being hit
He stated he would not like the project to revert to apart-
ments and he felt prospective buyers will have to be made aware
of the driveway limitations
Staff indicated the trees would have to be the type which
would not cause damage to the wall or curb The applicant
stated the installation of treewells would cut into the existing
driveway
Chairman Mullen and Commissioner Friedmann also stated they
preferred the condominium project
The Public Works Director suggested that the applicant and
staff might be able to work out a solution, such as constructing
a guard rail along the wall or constructing a 2 1/2 foot high
reinforced wall next to the existing wall The applicant
indicated he would be willing to investigate a solution
It was moved by Chairman Mullen, seconded by Commissioner
Friedmann and unanimously carried to approve revised tract
map #9593 subject to the condition that the developer submit
a plan for reinforcement of the wall to mitigate the problem
of potential damage, which is satisfactory to the staff
Chairman Mullen and Commissioner Friedmann agreed to add to
the motion that the developer be required to post a bond or
cash deposit to guarantee the construction
Mr Powery agreed with this condition The motion unanimously
carried
2 Design Review - Tiffany Real Estate - Cypress East
Shopping Center
Ms Janet Peterson, representing Diversified Development
Company 1000 Quail Newport Beach, asked for a copy of the
staff report and conditions of approval
Chairman Mullen continued this matter to give the applicant
a chance to read the staff report
3 Design Review - Tract No 9743
The staff transmitted the plot plans and elevations for the
20 single-family dwellings proposed for construction at the
southwest corner of Valley View and Orange Avenue Staff
reported the applicant presented two options for the location
of one-story and two-story dwellings
Mr Greg Combs 1535 Monrovia Newport Beach architect for
the applicant, stated the plans represent two schemes Scheme
#1 shows single -story dwellings on the cul-de-sac lots #10,
11 and 12
Mr. Jerry Reynolds 2507 Lighthouse Lane, Corona del Mar, the
applicant described the two options Plan A would consist
of one and two story homes alternating on the west side of
the street, single -story homes on the cul-de-sac lots, and
single -story homes on the east side of the street except on
Lots #18 and 19 adjacent to the commercial center Plan B
would consist of the same design for the west side of the
street but with two-story homes on the two cul-de-sac lots
and one and two story homes alternating on the east side
Planning Commission Minutes
April 7, 1977
Mr Reynolds stated the applicant felt Plan B was more attrac-
tive from an aesthetic and marketing standpoint He stated
they were uncertain about the extent of the Commission's
concern regarding the placement of two story homes adjacent
to the commercial center He noted that two-story homes on
the cul-de-sac lots would provide for larger rear yards
Chairman Mullen stated he had no objections to two story
dwellings adjacent to the commercial center but he preferred
that the homes adjacent to the tennis courts be single -story
He expressed concern over the two-story homes on the west
side of the street
Mr Reynolds stated that on the west side of the street a
two-story home would be placed across from a two-story home
in the residential development to the west, and a one-story
home opposite a one-story home to avoid a loss of privacy
Regarding two-story dwellings on the cul-de-sac lots he
stated only one upstairs window would face the tennis courts
and this problem could be solved by moving one room He
stated the larger rear yard would be a compensation
Mr Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed
concern over mixing one and two-story homes and stated it
would be better to have two stories on one side and single
stories on the other side of the street He felt the two
story homes would contain more bedrooms which would mean more
people and more parking problems He felt if the entire
property was developed for commercial use then a drive-through
McDonalds could have been accommodated.
Mr Reynolds stated there will be four bedrooms in both the
single story and two-story homes
Chairman Mullen stated he preferred single -story homes on
the lots facing the tennis courts and did not mind two-story
homes adjacent to the commercial center Commissioner Partin
agreed with single -story homes on the cul-de-sac but opposed
two-story homes next to the commercial use He noted there
have been problems in the past with residential next to
commercial and he felt there would be problems with the lights
shining into the homes Commissioner Friedmann stated she
had no objections to either plan but she felt the developer
should have freedom to develop the property as he thinks is
best She felt plan B was aesthetically more attractive
It was moved by Chairman Mullen, seconded by Commissioner
Friedmann and carried with Commissioner Partin voting no,
to approve Plan B with the understanding that the homes on
the west side of the street are in accordance with Plan A
and that Lot #11 contain a single -story dwelling, and that the
developer submit a plot plan in accordance with this action
Mr Reynolds stated they have control over the commercial
development and will do what they can to avoid problems of
lighting interference
2. Design Review - Tiffany Real Estate - Cypress East
Shopping Center
Staff transmitted the floor plans and elevations for a proposed
real estate office to be located at the southeast corner of
the Cypress East Shopping Center The design will be in con-
formance with the architectural style and signing for the
shopping center.
3
Planning Commission Minutes April 7 1977
Ms Janet Peterson, representing Diversified Development
Company, stated they can comply with all conditions of approval
With regard to Condition #6 which calls for a readjustment
of the parking stall at the southwest corner of the building
to be parallel with the south property line, Ms Peterson
stated their intent was to stripe this stall for no parking
since it was immediately adjacent to the trash area
Mr Lamm stated there is adequate parking available and staff
would have no objections to striping this stall for no parking
The Commission agreed to change condition #6
It was moved by Chairman Mullen, seconded by Commissioner
Friedmann and unanimously carried to approve the floor plans
and elevations for Tiffany Real Estate subject to the following
conditions
1 Drainage shall be solved to the satisfaction of the
City Engineer. A grading plan showing existing and
proposed elevations, finish floor elevations, wall
elevations, etc , shall be submitted for approval
2 The existing drainage curb and gutter along the south
side of this parcel shall be removed and replaced with
a concrete retaining wall and gutter prior to issuance
of a building permit for this development Top of
retaining wall shall be a minimum of one inch (1")
higher than top of existing wall footing
3 All secondary and primary utility services shall be
underground
4 Developer shall conform to all applicable provisions
of the City Code
5. The sanitary sewer connection fee shall be paid by the
developer in accordance with Orange County Sanitation
District No 3, Resolution No 303
6 The proposed angular parking stall at the extreme
southwest corner of the building shall be designated
as a "No Parking" zone
7 A certificate of occupancy shall not be issued for this
development until all landscaping and irrigation is
completed in accordance with plans and specifications
as approved by the Planning Commission
8. The developer shall landscape irrigate and maintain the
Valley View parkway in front of this development
9 Street trees (15 gallon) forty feet (40') on center
shall be installed along Valley View Street in front
of this development 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
4. Sign Review - Freestanding Sign - Mr Joe Tochihara
The Assistant Planner presented a report dated April 1 and
transmitted plans for signing and for a liquified petroleum
gas storage tank at Park Cypress R V Storage/Automotive
Repair, 5692 Lincoln Avenue Staff indicated they had no
objections to the location of the proposed gas facility
4
Planning Commission Minutes April 7 1977
They reported the applicant proposed to construct a free-
standing sign 20 feet in height and 72 square feet in area
to be located perpendicular to Lincoln Avenue Staff ex-
pressed concern over the need for a third freestanding sign
on the property since it has only 150 feet of frontage on
Lincoln The two existing freestanding signs are six feet
in height and 24 square feet in area Staff recommended
the removal of one of the existing signs if the proposed new
sign is approved The proposed freestanding sign would be
internally illuminated and have blue letters on a white back-
ground
Mr Joe Tochihara, 4586 Everest Circle, Cypress, the appli-
cant, reported he has ordered wood slats for the front fencing
and this will be installed He stated there was no condition
on the use permit regarding the location of the trash area
and he placed it at the safest location He stated it
will be screened by the landscaping Mr Tochihara stated
he needed the third sign since many persons pass his business
He did not feel it was necessary to remove an existing sign
and felt the signing program will be balanced and attractive
He stated the landscaping will grow and cover the bottom of
the two freestanding signs He stated he will remove the
"Open" sign
The Assistant Planner presented slides showing the business
and existing signing
Mr Joe Hardcastle 4588 Blanca Drive, Cypress, stated the
problem on Lincoln Avenue is not a proliferation of new signs
but the existence of bankrupt and depressed businesses He
felt signing was an important aid in keeping businesses open
Commissioner Partin stated the existing signing was attractive
and sedate and that he was in favor of the third sign. Chair-
man Mullen stated he felt the new freestanding sign was neces-
sary but he recommended the removal of one existing sign
He felt a third sign would be inconsistent with the Commission's
past actions and goal of removing sign clutter along Lincoln
Mr. Tochihara stated the existing signs screen the parked
vehicles He suggested that the easterly sign be allowed
to remain for one year He felt the growth of landscaping
will improve its appearance He stated that after one year
he will remove the sign if required to do so by the Commission
Chairman Mullen indicated he would like the applicant to post
a bond guaranteeing removal of the sign after a year
It was moved by Chairman Mullen seconded by Commissioner
Friedmann and unanimously carried to approve the plans for the
liquified petroleum gas storage tank subject to the following
conditions, and the request for a freestanding sign subject
to the conditions that the existing easterly wood sign be
removed in one year and that the applicant post a bond to
guarantee its removal
1 The location, construction, plumbing and tank size are
subject to the review and approval of the City of Cypress
Building Department and Orange County Fire Marshal's
office.
2 Vehicle inhibiting posts shall be located around the
L P G tank to the specifications of the City of Cypress
Building Department
PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO 77-4 - CARL
KARCHER ENTERPRISES, INC Chairman Mullen announced that
this was the time and place for the public hearing to consider
Planning Commission Minutes April 7, 1977
a proposal to install and operate a drive-thru food service
at the existing Carl's Junior Restaurant located at 5407
Ball Road, Cypress He opened the hearing and asked for the
staff's report
RECESS Chairman Mullen called a recess at 8.40 p m The
meeting was called back to order at 8.50 p.m. with Commissioners
Greenwood and Van Allen absent
Chairman Mullen welcomed Councilman Donald Hudson to the meeting
The Assistant Planner summarized Staff Report #77-12 dated
April 1 describing the proposal for the drive-thru food
service at Carl's Junior Restaurant Staff identified poten-
tial problems with the location of the drive-thru window, which
would be on the passenger's side noise from the intercom
ordering system parking circulation and on-site congestion
The Assistant Planner presented slides of the existing
restaurant and property describing the proposed drive-thru
service and vehicular movement around the building He reported
that large arrows on the pavement would designate the drive-
thru lane and that a large planter north of the building
would separate the drive-thru lane from the circular drive
around the property
Mr David Garrison, representing Carl's Junior Restaurants,
1200 N Harbor, Anaheim, reported the hours of operation would
be Sunday through Thursday open until 10 p m and Friday and
Saturday open until 12 00 midnight He stated they tried to
answer staff's concerns by changing the plan the applicant
agreed to a one directional traffic flow around the building
in a clockwise direction and to maintain 90 degree parking
stalls in front of the building He stated the driveway
locations will remain the same Mr Garrison reported their
passenger pick-up service has been successful for six years
and there has been no hardship to customers or accidents
He stated the conditions of approval are acceptable He stated
they anticipate a 10 to 15% increase in business with the drive-
thru service but they did not expect a greater influx of
vehicles He stated the service will not require additional
employees
Chairman Mullen asked if anyone wished to speak in support
or in opposition to Conditional Use Permit #77-4 There was
no one who wished to speak in support or in opposition.
Chairman Mullen felt the potential traffic circulation
problems on the property would not justify approval of the
request He felt since the menu board would be located only
20 feet from the north property line it would cause noise
interference for the property owner He felt car radios
loud customers or the cars themselves could create noise
problems
Mr Garrison felt the six -foot -high wall and Italian Cypress
trees along the north wall would mitigate the noise problem
He stated the menu board will be located 30 feet from the
nearest residence and will face the opposite direction
He reported that the employees will use a telephone when taking
orders and will be able to see the customer and therefore
they will not have to scream Mr Garrison stated they will
attempt to mitigate any problems which might arise He stated
they requested the delivery truck to change its delivery hours
Planning Commission Minutes
April 7, 1977
Commissioner Partin suggested that the menu board be designed
as a solid wall extending to the ground to serve as a sound
barrier between the restaurant and homes He stated he could
foresee no other problems with the proposal that it will
increase business for the City, and that he was in favor of
the changes
Mr Joe Hardcastle 4588 Blanca Drive Cypress suggested that
wheel barriers be placed around the building to prevent it
from being hit by women drivers Mr Garrison reported a six-
inch curb will be placed around the building
Mr Scott Adler 9760 Graham Street, Cypress asked if the
applicant analyzed ingress and egress on the property from
two directional traffic on Ball Road and if the great number
of children using Ball Road was taken into account Staff
reported that at present left turns are permitted from Ball
Road into both driveways. Under the new proposal, ingress
would be only at the westerly driveway and egress from the
easterly driveway. Vehicles entering the property would also
be further away from the elementary school Staff repeated
that the applicant did not anticipate an increase in traffic
Commissioner Partin moved to approve C U P #77-4 as requested
by the applicant subject to the conditions recommended by the
staff with the additional condition that the reader board be
enlarged to serve as a screen between the cars and adjacent
dwellings and that it be moved further east.
Mr Garrison stated they would prefer moving the reader board
further west since they must maintain a certain distance
between the menu board and pick-up window He stated they
wished to have the turning radius as wide as possible which
is why the planter was a minimum size He felt they could
accommodate Commissioner Partin's concern by deleting one
parking stall and bringing the drive-thru lane closer to the
building.
Chairman Mullen suggested that a sound attenuation plan for
the menu board be submitted for staff's approval Mr Garrison
stated this is covered by Condition #5 The Public Works
Director suggested that an acoustical engineer be employed to
study the noise situation and recommend the best methods for
sound attenuation Mr Garrison stated this would not be a
problem
A substitute motion was moved by Commissioner Partin and sec-
onded by Commissioner Friedmann to approve Conditional Use
Permit #77-4 subject to the following conditions and the
revised plan recommended by staff including the condition
that an acoustical engineer be consulted to determine the
best way to prevent sound encroachment on the neighbors
Chairman Mullen stated the sound attenuation may resolve the
noise problem for the neighbors but his main concern was over
traffic conflicts in the parking lot. He pointed out specific
problems with Stall #19 which is located closest to the drive-
thru window He felt smaller cars might have a visibility
problem and back up into the drive-thru lane Mr Garrison
felt the possibility of a collision would be minimal since
cars pulling out of the drive-thru window would be traveling
at a slow speed and would be aware of other vehicles in the
parking lot.
Planning Commission Minutes April 7 1977
1 The design of the drive-through facility shall be in
accordance with the revised plot plan reviewed by the
Planning Commission which provided for a one-way circu-
lation pattern for this project
2 The applicant shall obtain a report and recommendation
from an acoustical engineer regarding recommendations
for the design and location of the proposed drive-through
menu board/speaker box
3 Adequate signing shall be installed at the driveways to
direct ingress and egress of vehicles A plot plan
showing the proposed signing of driveways shall be
approved by City staff prior to installation by the
developer
4 No deliveries shall be made through the existing door on
the east side of the building during peak business hours
5 Parking stalls No 1 and 2 shall be relocated north of
parking stall No 9
6 A six-inch (6") high concrete curb shall be installed a
distance of two feet (2') from the base of the existing
block wall on the north property line The area between
the curb and wall shall be landscaped or filled with
concrete flush with the top of the curb Additionally,
a six-inch (6") high concrete curb shall be installed a
sufficient distance from the building wall along the drive-
through side to protect the wall from vehicular traffic
The area between the curb and wall shall be landscaped
or filled with concrete flush with the top of the curb
7 The intercom speaker box shall be located and equipped
with a noise attenuation device so that noise shall not
be directed towards the single-family residences to the
satisfaction of City staff
8 Parking area trash receptacles shall be designed and
located subject to City staff approval
The motion carried by the following roll call vote
AYES 2 COMMISSIONERS. Friedmann and Partin
NOES. 1 COMMISSIONERS• Mullen
ABSENT• 2 COMMISSIONERS Greenwood and Van Allen
Chairman Mullen closed the public hearing
Mr Garrison stated they will attempt to solve any problems
that arise
ORAL COMMUNICATIONS Chairman Mullen asked if anyone wished
to speak in regard to any matter not on the agenda There
was no one who wished to speak
ADMINISTRATIVE MATTERS (Continued)
The Assistant Planner recommended that Item #3 Prioritizing
Bike Trails, be continued to the next regular meeting
Hearing no objections Chairman Mullen continued the item to
the April 21 meeting
Planning Commission Minutes April 7, 1977
5 Design Review of Final Plot Plans and Elevations -
Conditional Use Permit #76-18 - The Warmington Company
The Assistant Planner presented the final plot plans and ele-
vations for the commercial portion of the development proposed
under Conditional Use Permit #76-18 to be located on the south
side of Lincoln Avenue opposite Sumner Place Mr Lamm
described the plot plan He stated staff's only concern
related to the rear elevations of Buildings A and B
The rear elevations show bare stucco with access doors on
the two buildings The staff recommended that some architec-
tural treatment be given to the rear elevations to correspond
with the rest of the buildings They suggested wood trim
along the parapet Staff reported that the applicant should
increase the landscaping strip along the south property line
of the commercial area from 3 to 5 feet
Chairman Mullen asked if the applicant wished to speak
Mr Mike Kay, 3535 Farquhar Street, Los Alamitos, agreed to
add some treatment to the rear of the buildings to break up
the stucco He indicated they were concerned over grafitti
and felt stucco would be easier to maintain than wood siding
Mr Kay agreed to paint the rear sides the same as the rest
of the building He reported that the clock tower will be
used for something like a Fotomat store Mr Kay reported
that walkways will surround the restaurant and the landscaping
in front will be bermed and should screen the bottom of cars
parked in the lot.
It was moved by Chairman Mullen, seconded by Commissioner
Friedmann and unanimously carried to approve the final plot
plans and elevations for the commercial development approved
under C U P #76-18 subject to the following conditions.
1 The parapet wall located along the south elevation of
building A and the west elevation of building B
shall be constructed with a wood trim stained and designed
to match as closely as possible with the shake roofs to
be established along all other elevations of these buildings
2 The landscape strip along the southerly lot line of the
commercial development shall be increased in width to a
minimum of five feet since this line is adjacent to
proposed residential development
Chairman Mullen asked that the Planning Director advise the
Commission regarding attendance at the energy seminar to be
held in Palm Springs Chairman Mullen also asked that staff
obtain a copy of the Fountain Valley and Cerritos sign
ordinances Chairman Mullen asked for a staff report for
the next meeting regarding the trash containers in the alley
behind the shopping center at the southeast corner of Moody
and Ball Road He requested that staff investigate and report
back at the next meeting on the window signing in the Radio
Shack store at the southwest corner of Lincoln and Walker
The Assistant Planner reported there was a delay in receiving
the Walker Street Zoning Study from the printer Staff rec-
ommended that the public meeting scheduled for April 14 be
postponed until April 28 or some other date The Commissioners
agreed to continue the meeting until April 28 at 7 30 p m
Planning Commission Minutes April 7, 1977
MINUTES
It was moved by Chairman Mullen, seconded by Commissioner
Partin and unanimously carried to approve the minutes of
March 17 as corrected
ADJOURNMENT• Chairman Mullen adjourned the meeting at 10 OS p m
CHAIRMAN OF THE PLANNING COMMISSION
ATTEST
SECRETARY OF T
E PLANNI
G COMMISSION
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