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Minutes 1977-09-01MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD September 1 1977 The regular meeting of the Cypress Planning Commission was called to order at 6.33 p m on Thursday September 1 1977 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress California Chairman Robert Van Allen presiding PRESENT. ABSENT• Commissioners Adler, Friedmann, Mullen, Partin and Van Allen None Also present were Planning Director Brian Hawley, Assistant Planner Don Lamm, Public Works Director Art Schatzeder, and City Attorney John Murphy. PLEDGE OF ALLEGIANCE. Commissioner Mullen led the pledge to the flag At the Planning Director's request, the Chairman added Item #8 under Administrative Matters regarding bus bench locations The Chairman also continued consideration of the minutes of August 18 to the next meeting ADMINISTRATIVE MATTERS 1 Tentative Parcel Maps No. 77-3 & 77-4 - Arlan Company The Planning Director presented a report dated August 25 and transmitted the parcel maps which propose minor lot divisions of portions of the Arlan property Map ##77-3 proposes the division of approximately 74 3 acres located on the south side of Katella Avenue between Knott and the proposed Holder Street extension into two parcels; Map #77-4 proposes the division of approximately 75 6 acres located on the north side of Katella between Valley View and the proposed Holder Street extension into two parcels Staff stated that public improvements are not being required at this time since the parcels are subject to future subdivision and development The report outlined public improvements that ultimately will be required Staff recommended that Condition X61 be revised into two separate conditions The Planning Director stated the applicant/property owner agrees with the revised conditions The staff responded to questions from the Commission regarding the conditions and proposed development of the property No one in the audience wished to speak in regard to this matter It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve Tentative Parcel Maps #77-3 and 77-4 subject to the following conditions: 1 (a) Street right-of-way on Valley View Street, Katella Avenue and Holder Street contiguous to Parcels 1 and 2, Tentative Parcel Map #77-4, shall be dedicated by separate document prior to recording of Final Parcel Map An additional six -foot -wide easement for bike trail shall be dedicated on Valley View Street. Setbacks will be determined from the street right-of-way instead of the bike trail easement Planning Commission Minutes September 1, 1977 (b) Street right-of-way on Holder Street, Katella Avenue and Knott Avenue shall be dedicated by separate instru- ment prior to recordation of the Final Parcel Map for Tentative Map #77-3 An additional eight -foot -wide easement for bike trail shall be dedicated on Knott Street Setbacks will be measured from the street right- of-way line instead of the bike trail easement 2 All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied 3 Map filing fees shall be paid in accordance with Resolu- tion No 1713. 2 Tentative Parcel Map No. 77-5 - Mr Paul Crane The Planning Director requested that this item be considered with Public Hearing #1 on the agenda and the Chairman continued the item 3 Sign and Landscape Plan Review - Cypress Foreign Car Repair The Assistant Planner presented a report dated August 23 and transmitted the landscape and signing plans The applicant proposed red plastic lettering 18" high mounted on the west and south elevations to identify the business and four makes of cars serviced and a double-faced, non -illuminated plexiglas freestanding sign 18 square feet in area and 12 feet in height He described the landscaping plan. Staff recommended that the ice plant proposed for Electric Street be replaced with turf and that the two pine trees proposed for Lincoln be changed to California Sycamore Chairman Van Allen felt the 18" letters on the Lincoln side of the building were too large and out of proportion with the side of the building Following further discussion regarding the use of 18" letters it was moved by Chairman Van Allen and seconded by Commissioner Mullen to approve the landscaping plans subject to staff's recom- mended changes and signing plans subject to the condition that the plastic letters on the building will be 12 inches in height Commissioner Partin suggested that the letters on the Electric Street side of the building should be 18" in order to take advan- tage of the corner's good exposure and Chairman Van Allen agreed with this change. Chairman Van Allen revised the motion to state that the letters on the Lincoln side of the building shall be 12" and the letters on the Electric side of the building shall be 18" in height The motion was seconded by Commissioner Mullen and unanimously carried. 4 Consideration of L.N.G. Tank at Hyatt Die Cast The Planning Director presented a report dated August 25 indi- cating Hyatt Die Cast requested permits to install an 18,000 gallon L N G tank to be located near the center of their prop- erty which would provide a fuel reserve to allow their continued operation in the event of cutbacks in the regular supply of fuel. He stated the Building and Fire Departments have reviewed and approved the construction specifications He reported the tank would be about 200 feet from the nearest residences to the west and about 400 feet away from the nearest residences to the south -2- Planning Commission Minutes September 1, 1977 In response to Chairman Van Allen the Planning Director sug- gested adding a condition that Hyatt submit proof of liability insurance to the City staff for review Chairman Van Allen indicated he would like more information regarding the tank and would like to question Hyatt representatives regarding their insurance Mr William Shaper, 9173 Ethel, Cypress, stated the staff des- cribed the proposal only in general terms and more detailed information should be submitted indicating the type of structure, exact location, impact on future buildings to the east, and whether the Fire Department did a preliminary study He sug- gested continuing the item to get feedback from the Fire Depart- ment and stated the matter is critical. The Public Works Director pointed out that it is not liquified natural gas but propane or butane which is proposed to be stored It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and unanimously carried to continue the item to the next meeting and request staff to invite representatives of Hyatt Die Cast and the Fire Department to be present 5 Consideration of Additional Bus Bench Locations The Public Works Director presented a verbal report regarding the City's agreement with Bench -Ad Company regarding the pro- vision of bus benches at various locations Hearing no objections, Chairman Van Allen continued the matter to the next meeting and requested that staff provide background information on the agreement with Bench -Ad and a list of the original and proposed new bus bench locations Chairman Van Allen announced that it was time to conduct the public hearings He opened the following hearings and continued them until later PUBLIC HEARING RE• VARIANCE NO. 77-3 - MR. PAUL CRANE CONTINUATION OF PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO 77-16 - MS MARION CARTER PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 77-18 - TACO BELL PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 77-19 - PIONEER BIBLE CHURCH 6 Sign Program Review - Cypress West Center The Assistant Planner presented a report dated August 25 and transmitted the sign plans for the shopping center on the north side of Ball Road, west of Via Largo The applicant proposes a uniform signing plan standardizing the shape, height and cabinet color for all wall signing which conforms with the signing program in the older west portion of the center. The cabinets are limited to 30" in height and the overall maximum length of any one sign is 24 feet The center has multi -colored sign faces and recommended that a uniform color not be newer portion in order to be consistent ommended that a minimum of five feet be cabinets to prevent visual clutter -3- west portion of the lettering, staff established for the Staff further rec- required between sign Planning Commission Minutes September 1, 1977 Mr. Ray Story the applicant, stated the design of the new center duplicates that of the west portion to give the impression that the entire center was built at once. He stated he proposed to the tenants that their signing go to within 2 1/2 feet of each end of the store, thereby providing five feet between signs It was moved by Commissioner Partin, seconded by Commissioner Friedmann and unanimously carried to approve the sign plans subject to the condition that five feet between sign cabinets be required Chairman Van Allen stated that approval is for the individual store signing and not for signing for the center itself 7 Proposed Vacation - Portion of Public Right -of -Way The Planning Director presented a report dated August 25, which transmitted a report from the Public Works Director dated August 22, indicating that a condition of C U P #76-18 for the establishment of a commercial center and 80 condominium units on the south side of Lincoln opposite Sumner Place required that "the approximately eight -foot -wide strip of land along the southerly boundary of this development dedicated as roadway purpose for the extension of Camp Street, shall be abandoned in favor of the owners of the single-family dwellings to the south" He stated the application has been processed for aban- donment or vacation of this land which will be added onto the adjacent single-family properties Staff transmitted the legal description and a map of the property It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to find that the vacation is not contrary to the objectives of the General Plan and adopt a resolution recommending approval by the City Council 8 Request to Amend the Land Use Element of the General Plan - Northeast Corner of Bloomfield and Orange Avenue The Planning Director presented a report dated August 25 indi- cating that the applicant, who was denied a use permit for a liquor store and other commercial uses on August 18, submitted a request for the Commission to initiate an amendment to the Land Use Element of the General Plan to change the designation of the subject property to low-density residential Staff recommended approval of the request Commissioner Mullen asked if proposals could be considered at the time of the public hearing whereby the subject property could be joined with the adjacent tract in order for the new residents to take advantage of the pool and park The Planning Director stated he would transmit the public hearing notice to the Homeowner Association's Board of Directors of the adja- cent tract and inquire whether they are amenable to incor- porating the subject property into the Homeowners' Association Commjssioner Friedmann stated that Commission denial based on the fact that nearby residents opposed a liquor store does not mean nothing else is suitable for the property except homes and she stated there are other major draws besides a liquor store She felt residents' opposition was to a liquor store and not the commercial center and stated she had to be con- vinced further before supporting the change -4- Planning Commission Minutes September 1 1977 Chairman Van Allen asked if the applicant wished to speak No one wished to speak. It was moved by Chairman Van Allen, seconded by Commissioner Adler and carried, with Commissioner Friedmann voting no, to direct staff to set a public hearing to consider the request to amend the General Plan for the parcel at the northeast corner of Bloomfield and Orange Avenue ORAL COMMUNICATIONS No oral communications were presented at this time RECESS• Chairman Van Allen called a recess at 7:52 p m The meeting was called back to order at 8.05 p m with all Commis- sioners present Chairman Van Allen again asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak PUBLIC HEARING RE. VARIANCE NO 77-3 - MR PAUL CRANE. Chair- man Van Allen announced that this was the time and place for the public hearing to consider a proposed variance to allow establishment of two multiple residential lots with less width area and future sideyard setback than that required by ordinance at 5601 and 5611 Karen Avenue, Cypress He opened the hearing #2, Tentative Parcel Map #77-5 would be considered at this time The Assistant Planner presented Staff Report #77-30 dated August 23 describing the application to divide a 17,000 square foot lot into two 8,500 square foot lots for the future con- struction of two single-family dwellings in the RM -20/A zone The application includes a request for a variance to allow the creation of two lots with less width, area and future sideyard setbacks than what is required by ordinance The tentative tract map would create lots which, although they do not meet ordinance requirements, would be identical in size to neigh- boring lots on Karen Avenue Staff recommended approval of the variance and tentative tract map Commissioner Mullen asked if it was possible for a variance request to be submitted in the future to build duplexes on each of the lots Staff stated it was possible if RM -10/A zoning is approved for this area The City Attorney suggested adding a condition that would limit use of the property to single-family residential Chairman Van Allen asked if the applicant wished to speak. Mr. G. Lohrke, 7441 Puerto Rico, La Palma, the applicant, stated they intend to build two single-family dwellings on the property as there is no room for anything else. He stated they can comply with all conditions including the condition suggested by the City Attorney He stated they tried for a year to develop a fourplex, triplex and duplex and all were denied and he stated they want to build two homes Chairman Van Allen added Condition #24 which was suggested by the City Attorney The Commission held discussion regarding this condition Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application No one wished to speak -5- Planning Commission Minutes September 1 1977 It was moved by Commissioner Friedmann and seconded by Commis- sioner Mullen to approve Variance #77-3 subject to the following conditions and the findings which justify the granting of a variance (#1-3 in the staff report)• 1 Drainage fees shall be paid in accordance with the Master Plan of Drainage 2 Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval 3 All lots shall have a slope gradient of between one percent (1%) and three percent (3%) from rear lot line to the street 4 All on-site drainage shall be conveyed to the street by means of an undersidewalk drain per City of Cypress standards 5 A topograph of the area surrounding this development shall be made to establish existing drainage flow patterns If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer 6 Street lights shall be installed per City Standards 7 Advance street light energy charges shall be paid 8 Plan checking and inspection fees shall be paid in accordance with the City of Cypress Resolution No 1713 9 Map filing fees shall be paid in accordance with City of Cypress Resolution No 1713 10 The sanitary sewer connection fee shall be paid by the devel- oper in accordance with Orange County Sanitation District No 3, Resolution No 303 11 Recreation and Parks fees shall be paid in accordance with the City of Cypress Zoning Ordinance 12 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 13 Street trees (15 gallon) forty feet (40') on center shall be installed along streets 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 14 Soil in planting areas, including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified The test results shall include concentration of nitrogen phosphorus, potassium, pH, salinity, sodium status and boron saturation extract Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date 15 A retaining wall per City of Cypress standards shall be con- structed at the property line where the grade difference is greater than twelve inches (12") 16 A minimum six-foot (6') high block wall measured from the highest adjacent grade shall be constructed along the north and east property lines -6- Planning Commission Minutes September 1, 1977 17 All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied 18 Karen Street shall be fully improved with curb, gutter, side- walk, driveway paving in accordance with the Master Plan of Streets and Highways 19 All existing public improvements which are damaged, cracked, or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer 20 Any necessary open cut on Karen Avenue shall be backfilled per City of Cypress Standard No 110 21 All secondary and primary utility services shall be under- ground 22 Developer shall conform to all applicable provisions of the City Code 23 Since Karen Avenue is proposed for full improvement under the Housing and Community Development Act all such improve- ments required under Conditions 414, 18 and 19 shall not be required unless this Parcel Map is recorded prior to the commencement of the installation of these improvements under the Act The motion unanimously carried by the following roll call vote AYES• NOES ABSENT: 5 COMMISSIONERS• Adler, Friedmann, Mullen, Partin & Van Allen 0 COMMISSIONERS. None 0 COMMISSIONERS: None It was moved by Commissioner Friedmann, seconded by Commis- sioner Mullen and unanimously carried to approve Tentative Parcel Map #77-5 subject to the same conditions applicable to the variance Chairman Van Allen closed the public hearing CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-16 - MS. MARION CARTER• Chairman Van Allen announced that this was the time and place for the continuation of the hearing to consider a proposal to establish a nine -unit student dormitory together with incidental off-street parking and land- scaping on a parcel of land located at 6382 Orange Avenue in the RM -20/A Residential Multiple Family Zone He opened the hearing and asked for the staff report The Planning Director presented a report dated August 25 indi- cating the hearing was continued from the August 18 meeting The applicant submitted revised plans which increase the number of dorm units to 15 and decrease the unit size from 400 to about 200 square feet. The most southerly unit will be 400 square feet for the student manager Off-street parking but no guest parking, is provided The staff recommended that the main dorm building be relocated within five feet of the westerly side lot line to provide for added driveway width and maneuvering area, and that a minimum three foot wide landscaped buffer be provided along the easterly side of the building. Staff recommended a revision to Condition #20 regarding the three foot buffer and fencing and wall on the west property line -7- Planning Commission Minutes September 1, 1977 Ms Marion Carter, 811 S Webster, Anaheim, stated the showers and laundry facilities can be located in one single garage She reported a student manager and house supervisor will reside on the property• the supervisor in the existing dwelling She stated a kitchen and lounge, open 24 hours, will be next to the student manager's unit She felt the student manager could enforce no cooking in the individual units Commissioner Adler expressed objection to the cramped size of the lot and units and inconvenient downstairs location of the kitchen and showers He noted there was no place for students to visit or study together and he suggested building a duplex Chairman Van Allen asked if anyone wished to speak in support or in opposition No one wished to speak Commissioner Mullen stated he realized there is a need for student housing in the community but he felt there could be no legal controls on the occupancy or conduct of the occupants He felt it would be a problem if part-time students occupy the units. He stated the good intentions of the applicant are not sufficient for approval since ownership can change He felt a more viable possibility would be a housing facility that is more multi-purpose in function. Chairman Van Allen stated he was concerned about the size of the units and several features of the project as well as the health, safety and welfare of the occupants and surrounding residents. He did not feel enough consideration was given to developing the most desirable plan He suggested that staff investigate standards for dorm development He felt the student manager would have little control over the occupants. Ms. Carter inquired about construction of a boarding house for students The City Attorney indicated the Code would restrict occupancy in a boarding house to three unrelated individuals Commissioner Friedmann felt the project would be used by students since the small size and lack of individual kitchens would make it unattractive for others She felt the proposal was attractive since there is a need and it would be across from the college and she stated student housing should not be disapproved because of the lack of dormitory building requirements Ms Carter indicated that the Dean of Cypress College offered support and she felt student occupants could be referred through the college She felt the student manager and house supervisor would have control over the occupants and she felt the landlord can restrict who occupies the dorm. Chairman Van Allen asked if anyone else wished to speak No one wished to be heard It was moved by Commissioner Mullen and seconded by Commissioner Adler to deny Conditional Use Permit ##77-16 The motion carried by the following roll call vote. AYES NOES. ABSENT: 3 COMMISSIONERS: Adler Mullen & Van Allen 2 COMMISSIONERS• Friedmann & Partin 0 COMMISSIONERS None Commissioner Partin stated he would prefer to have a shower in each unit. Chairman Van Allen stated he was concerned with the safety aspects and that the number of units, parking and drive- way access on the 50 foot wide lot presented an unsafe condition Commissioner Mullen suggested that staff investigate methods to provide dormitory housing, possibly through an amendment to the Zoning Ordinance and a conditional use permit process. Chairman -8- Planning Commission Minutes September 1, 1977 Van Allen favored a waiver of fees if the applicant wished to reapply for another proposal Chairman Van Allen closed the public hearing PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO 77-18 - TACO BELL. Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to construct an enclosed dining room addition onto the existing Taco Bell fast food restaurant at 5619 Ball Road, Cypress He opened the hearing and asked for the staff report. The Assistant Planner presented Staff Report #77-31 dated August 24 describing the proposed addition which will be on the south elevation of the restaurant, 542 square feet in area, and match the Spanish motif of the building He stated with the addition the restaurant will still have 11 parking spaces in excess of what is required Ms Yolanda Stewart, representing Taco Bell, stated the staff report describes their proposal and it will be an improvement to the restaurant and neighborhood Chairman Van Allen asked if anyone wished to speak in support or in opposition No one wished to speak It was moved by Commissioner Mullen and seconded by Commis- sioner Friedmann to approve Conditional Use Permit #77-18 subject to the following conditions 1 The design and construction of the addition shall be sub- stantially in conformance with the plans and elevations submitted with this request and as reviewed and approved by the Planning Commission 2 All appropriate building, architectural and plumbing per- mits shall be obtained in accordance with the requirements of the City Code The motion unanimously carried by the following roll call vote. AYES. 5 COMMISSIONERS Adler, Friedmann, Mullen, Partin & Van Allen NOES• 0 COMMISSIONERS: None ABSENT 0 COMMISSIONERS• None Chairman Van Allen closed the public hearing PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO. 77-19 - PIONEER BIBLE CHURCH. Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to establish a church in an existing commercial building at 9131 Valley View Street, Cypress He opened the hearing and asked for the staff report Commissioner Adler stated for the record that he visited the site this evening and was approached by a person but they did not discuss any matter relating to the project The Planning Director presented a report dated August 29 des- cribing the proposal to temporarily establish a church for a period not to exceed one year He indicated the property will be used until a more suitable location is found by the church He reported the church membership is about 30 to 35 and adequate parking can be provided at several locations on the property. Staff recommended approval subject to three conditions -9- Planning Commission Minutes September 1, 1977 Commissioner Friedmann inquired about Condition #2 which stated signing would be subject to approval by the Planning Department The Planning Director stated the signing program could be sub- ject to staff approval but he recommended that any plans for a freestanding sign be subject to Commission approval He suggested that the condition be changed Reverend Don Elie 6441 San Marcos Way Buena Park representing Pioneer Bible Church, stated he had nothing to add to the staff report and they agree with all conditions He reported the larger room in the front of the building will be used for worship, the other rooms will be used for Sunday school, and they will. have to provide another restroom Chairman Van Allen asked if anyone wished to speak in support Mr Ralph Sayers, 484 61st Street, Long Beach, Deacon of the Church, reported they met previously in a house which was un- satisfactory to the neighborhood and in a school and they would like to find a permanent location Chairman Van Allen asked if anyone wished to speak in opposition Mr John Mussche, 6301 Rosemary Drive, Cypress, proprietor of the Art Barn, reported he just paid the September rent for the building and the insurance is paid for a year and approval of the permit will force him out of business. He reported he spent over $7 000 renovating the building He expressed concern that he was not notified of the hearing The City Attorney advised that the matter before the Commission was to determine the appropriateness of the church use and not landlord/tenant problems He stated hearing notices are mailed to property owners within 300 feet of the property. The Planning Director stated the applicant felt it would be more desirable if the permit took effect on October 1 rather than on September 15, if it is approved Mrs. Wilhimina Van Hunnick, 9141 Valley View, Cypress, stated Mr Mussche was given an opportunity to extend his lease of the building at a rent increase but stated he could not afford the increase She stated he was aware during the summer that the church was interested in the property She reported that when he paid his rent today he stated he was looking for a place to relocate She stated the family found it necessary to increase the rent because of increased property taxes Mr Mussche reported on dealings with the landlord, expressed concern that he was not notified of the hearing, and felt the landlord/tenant problem should be resolved first Reverend Elie stated Mr Mussche's relationship with the landlord is not within their control and the church would not be unreasonable in asking him to leave the property even if the permit is approved He stated it is not their desire to hurt anyone in any way Commissioner Mullen stated he sympathized with the tenant but the Commission has no jurisdiction over landlord problems He stated he supported the Church use on the property Chairman Van Allen suggested that, since renovation may be necessary to meet code requirements, the expiration of the permit should be one year from the date of issuance of the occupancy permit -10- Planning Commission Minutes September 1, 1977 It was moved by Commissioner Friedmann and seconded by Com- missioner Adler to approve Conditional Use Permit #77-19 subject to the following conditions 1 This permit shall expire one year from the date of occu- pancy of the building and property by the Pioneer Bible Church 2 Plans for proposed signing program shall be in accordance with the restrictions of the Zoning Ordinance and shall be subject to review and approval by the Planning Department If a freestanding sign is to be included in this signing program, plans and specifications for the proposed free- standing sign shall be subject to review and approval of the Planning Commission 3 All necessary permits required for the conversion of the subject property for the use intended shall be obtained from the City Building Department in accordance with the provisions of the Municipal Code Should the parking spaces currently located across the front of the property be rendered not useful as a result of street improvement pro- jects, an alternate location for these parking spaces should be provided to the specifications of the Planning Department The motion unanimously carried by the following roll call vote AYES: NOES ABSENT. 5 COMMISSIONERS• Adler, Friedmann, Mullen Partin & Van Allen 0 COMMISSIONERS. None 0 COMMISSIONERS: None Chairman Van Allen closed the public hearing The Planning Director stated the decision is final unless appealed within 15 days ADJOURNMENT. Chairman Van Allen adjourned the meeting at 10 00 p m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST - SECRETARY OF THE PLAN ING COMISS -11- ION avsi