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Minutes 1977-10-06MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HEL D October 6, 1977 The regular meeting of the Cypress Planning Commission was called to order at 6:36 p m on Thursday October 6 1977 in the Cypress City Council Chambers 5275 Orange Avenue Cypress California, Chairman Robert Van Allen presiding PRESENT. ABSENT• Commissioners Adler, Friedmann Van Allen Commissioner Mullen Partin and Also present were Planning Director Brian Hawley, Public Works Director Art Schatzeder Assistant Planner Don Lamm Adminis- trative Assistant David Barrett, and Deputy City Attorney Elizabeth Strauss PLEDGE OF ALLEGIANCE: Commissioner Friedmann led the pledge to the flag. Chairman Van Allen added the minutes of August 18 and September 1 to the agenda The Planning Director requested that Item #2, the landscape slide presentation be continued to the next meeting and that a presentation regarding the 208 Planning Program be added to the agenda MINUTES: It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and unanimously carried to approve the August 18 minutes as corrected. COMMISSIONER MULLEN ARRIVED AT 6 42 P M It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to approve the September 1 minutes ADMINISTRATIVE MATTERS 1 Report on Home Occupation Permits The Planning Director presented a report dated September 30 which provided additional information on six home occupation permits which were questioned at the last meeting. In regard to permit #77-45, Commissioner Mullen reported he witnessed the applicant on one occasion unloading steel from a truck and throwing it on the ground The Planning Director stated the Zoning Inspector will inspect this permit It was moved by Commissioner Friedmann, seconded by Commis- sioner Adler and unanimously carried to receive and file the report 2. Presentation on 208 Planning Program Administrative Assistant David Barrett made a slide presenta- tion on the 208 Planning Program which is designed to control water pollution and achieve clean water goals set by the Fed- eral government for 1983, the plan also includes air quality One of the goals is to ensure that water entering the ocean must be safe for water recreation and allow fish to live and repro- duce The presentation outlined goals of the program and identified water pollution sources in Orange County. The Planning Commission Minutes October 6, 1977 Planning Director indicated this was an informational item at this time and the Commission's involvement in the future would be to provide input on programs the City can undertake to insure water and air quality RECESS• Chairman Van Allen recessed the meeting at 7:05 p.m The meeting was called back to order at 7:35 p m with all Commissioners present. ORAL COMMUNICATIONS There were no oral communications pre- sented at this time PUBLIC HEARING RE: VARIANCE NO. 77-4 - RUSSELL BROWN Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to construct a one-story addition onto the rear of an existing single—family dwelling portions of which will encroach to within six feet of the rear property line on property located at 9221 Julie Beth Street, Cypress, in the RS -6000 Residential Single Family Zone He opened the hearing and asked for the staff report The Planning Director stated the notice of public hearing was given in accordance with the legal requirements and no written or oral communications were received regarding this matter. The Assistant Planner presented Staff Report #77-34 dated September 27 describing the application The subject property is a pie -shaped lot, 6000 square feet in area, and has 51 feet of frontage on Julie Beth Street, 98 feet in depth and a 91 foot wide rear yard which adjoins the Hyatt Die Cast industrial property With the proposed 374 square foot addition, approx- imately 2000 square feet of open useable rear yard space would remain Staff felt a variance was justifiable because of the atypical lot configuration and building arrangement Commissioner Friedmann stated for the record that she and the applicant, Mrs Brown, are friends and they have occasional contact through mutual interests and if necessary she will abstain on this matter but that she felt her relationship with the applicant would not make her less objective The Deputy City Attorney stated there is no legal conflict or need for Commissioner Friedmann to abstain if the Commission feels she can act in an objective manner Chairman Van Allen asked if the applicant wished to speak Mrs Marge Brown, 9221 Julie Beth Street, stated their family would like the room addition and there are no complaints from the neighbors She stated the addition will be level with their fence which is extra high and they are not making special provisions to guard against noise from Hyatt Die Cast Chairman Van Allen asked if anyone wished to speak in favor Mr William Schaper, 9173 Ethel Street, Cypress, stated his only concern was that the variance may be setting a precedent He stated there have been no adverse comments from the neigh- borhood Chairman Van Allen asked if anyone wished to speak in opposi- tion. No one wished to speak in opposition It was moved by Commissioner Partin and seconded by Commis- sioner Adler to approve Variance No 77-4 subject to the fol- lowing conditions and Zoning Ordinance findings B, D, and E as stated in the staff report: 1. Construction of the proposed addition shall be substan- tially in accordance with the plans and elevations sub- mitted with this request and as reviewed and approved by the Planning Commission -2- Planning Commission Minutes October 6 1977 2. The applicant shall obtain all necessary building, plan- ning, electrical and other permits as required by 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 77-22 - ANTHONY INDUSTRIES. Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to establish, operate and maintain a fast-food, drive-thru restaurant to be located on the southeast corner of Lincoln Avenue and Valley View Street at 6002 Lincoln Avenue Cypress in the CH -10 000 Commercial Heavy Zone He opened the hearing and asked for the staff report The Planning Director stated the notice of public hearing was given in accordance with the legal requirements and no written or oral communications were received regarding this matter The Assistant Planner presented Staff Report ##77-36 dated September 30 describing the application. Four buildings are proposed including the drive-thru restaurant, an ice cream store, and a donut shop Staff recommended approval of the application subject to 32 conditions In response to Commissioner Partin, staff reported that no left turns would be permitted from the property onto the two arterial streets because of the median construction Chairman Van Allen asked if the applicant wished to speak Mr Duane Walters, real estate manager for Anthony Industries, Inc , reported the restaurant to be located adjacent to Lincoln Avenue will provide drive-thru and sit down service and a dinner and breakfast menu He reported a Baskin-Robbins store is proposed on the east property line with parking adjacent to the building, and a Winchell's Donut Shop and Licorice Pizza record store are proposed in one building on the south side of the property He reported there will be two phases to the project. the first including construction of the restaurant and ice cream store by January 15, 1978 The remaining portion will be con- structed after January 15 because of lease commitments on the existing car wash facility He transmitted projected sales figures for the four businesses which were estimated at a total of $1,690,000 annually The Planning Director stated this projection would provide the City with about $16 000 in annual sales tax revenues The Planning Director recommended another condition, since the applicant proposed to combine the southerly buildings, to require that final building plans and elevations for the buildings on the south end of the property be submitted for review and approval by the Commission prior to the issuance of building permits Commissioner Mullen asked if the applicant felt the trash area was too remote to serve the restaurant Mr Walters stated they prefer to have the trash area as far away as possible but he agreed to work with staff to consider the possibility of placing a trash area at the end of the building and another trash area to serve the remaining buildings. -3- Planning Commission Minutes October 6 1977 Chairman Van Allen asked if anyone wished to speak in favor Mr. William Schaper, 9173 Ethel Street, Cypress, stated there is a Winchell's Donut Shop located across the street in the City of Buena Park and he asked if two are allowed in such close proximity Mr Walters reported that the Winchell's store at the northeast corner of Lincoln and Valley View will lose its lease in 1978. Chairman Van Allen asked if anyone wished to speak in opposi- tion No one wished to speak in opposition Commissioner Friedmann pointed out that Condition #21 requires review of the elevation plans for the satellite stores Com- missioner Mullen suggested an additional condition that final location of the trash facility or facilities be subject to approval by the Planning Director Chairman Van Allen recom- mended that the location be subject to approval by the Commis- sion and Commissioner Mullen agreed Chairman Van Allen added this as Condition #33 Mr Walters reported that the applicant discussed with staff the cost of fulfilling Condition #8 which requires the reloca- tion of the curb and gutter on the east side of Valley View, relocation of telephone and electric power poles, and reloca- tion of the traffic signal and controllers He presented an estimate from a civil engineer for $30,000 He stated the applicant felt this cost was too high and it could not be absorbed by the developer or passed on to the tenants The applicant requested that the City share in the $10,000 cost for relocation of the traffic signal and controllers The Public Works Director stated the staff agreed with the appli- cant that he should not be responsible for moving the signal which staff estimated would cost about $13 or $14,000 He reported he discussed this matter with the City Manager and staff proposed to request the Council to have the City pay this cost. It was moved by Commissioner Mullen and seconded by Commis- sioner Partin to approve Conditional Use Permit #77-22 subject to the following conditions. 1 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 All lots shall have a slope of 1% from the rear lot line to the street 2 Drainage fees shall be paid in accordance with the Master Plan of Drainage and a grading plan shall be submitted and approved to the satisfaction of the City Engineer 3 A maximum lot depth of 100 feet shall be allowed to drain onto Lincoln Avenue All on-site drainage shall be con- veyed to the street by means of an undersidewalk drain per City of Cypress standards 4 Sewer laterals connecting existing buildings on this property shall be blocked at the property line Sanitary sewer connections to existing buildings on this property shall be blocked at the property line Sanitary sewer connection fees shall be paid by the developer in accor- dance with Orange County Sanitation District No 3, Resolution No 303 5 All secondary and primary utility services shall be underground -4- Planning Commission Minutes October 6, 1977 6 Street lights shall be installed per City standards with advance energy charges paid by the developer 7 The quantity location, width and type of driveway shall be subject to the approval of the City Engineer 8 The existing curb and gutter on the east side of Valley View Street south of Lincoln Avenue shall be relocated five feet (5 ) east, including reconstruction of the curb return to a new BCR which shall join the existing curb and gutter on the south side of Lincoln Avenue relocation of a traffic signal controllers and street lighting all subject to the approval of the City Engineer No open cuts shall be permitted on Lincoln Avenue or Valley View Street 9 All existing public improvements at the development site which are damaged, cracked or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer 10 An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue and Valley View Street No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be maintained within the develop- ment at all driveway intersections to the satisfaction of the City Engineer The corner cutoff area shall be dedi- cated to the City of Cypress for roadway purposes 11 Curb returns at the intersection of Valley View Street and Lincoln Avenue shall have a radius of thirty-five feet (35 ) 12 A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue 13 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 14 Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution No 1713 15 Developer shall conform to all applicable provisions of the City Code 16 Street trees (15 gallon) forty feet (40') on center shall be installed along Valley View Street in conformance with the street tree policy of the Public Works Department The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan 17 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 concen- tration 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 Depart- ment for approval at least 30 days prior to planting date 18 A specific landscape and irrigation plan shall be submitted for review and approval by the Planning Commission prior to landscape installation and a Certificate of Occupancy being issued for any building on this property -5- Planning Commission Minutes October 6 1977 19 A bond shall be posted by the applicant to guarantee maintenance of the irrigation system so that it operates in a manner for which it was designed and to guarantee 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 20 A comprehensive signing program shall be submitted for review and approval by the Planning Commission prior to installation of any signing 21 Elevation plans for the three satellite structures shall be reviewed and approved by the Planning Commission prior to any building permits being issued for those buildings 22 A Certificate of Occupancy shall not be issued for any proposed building until demolition of the existing service station, car wash and real estate office is completed 23 The open area between the southerly buildings and the southerly property line shall be included within the landscaped areas 24 A continuous physical barrier (i e , 6" high concrete curb) shall be constructed at a minimum distance of three feet (3') from the base of all block walls exposed to vehicular traffic to the satisfaction of the City Engineer Planting may be installed in the area between the block wall and the curb 25 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic on Valley View Street and Lincoln Avenue A lighting plan shall be reviewed and approved by staff prior to any installation 26 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") 27 All roof -mounted equipment such as heating and air condi- tioning units, shall be adequately screened from public view subject to the approval of the City staff 28 A bicycle rack having a minimum storage of five (5) stalls shall be installed The location of all bicycle racks shall be subject to approval of the City staff 29 The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer 30 Parking lot circulation shall be subject to the approval of the City Engineer 31 Because of College parking appropriate signing (i e CVC 22658) is recommended 32 Wheelchair and handicap access facilities shall be in- stalled on-site and off-site in accordance with State of California and City of Cypress Building Department standards A wheelchair ramp for the handicapped shall be installed at the intersection of Valley View Street and Lincoln Avenue in accordance with City standards 33 The final design and location of trash receptacles to serve this project shall be submitted for review and approval by the Planning Commission prior to the issuance of a Certificate of Occupancy -6- Planning Commission Minutes October 6 1977 Commissioner Partin asked if additional buildings could be accommodated on the property in the future The Planning Director stated there could either by a modification to the use permit or administrative action by the Commission depending upon the proposed use Commissioner Adler asked if a smooth transition on the east side of Valley View southerly from Lincoln could be provided which would not necessitate removal of existing utility poles Staff indi- cated considerable study would be required, the cost was unknown, and this may involve drainage problems. Chairman Van Allen stated for the record that Condition #20 relating to the signing program does not include approval for the 28 foot sign or location shown in the plans The Commission held further discussion regarding the traffic circulation pattern around the restaurant and location of the menu board and parking The Planning Director stated the loca- tion and number of menu boards can be discussed during review of the signing program 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 Commissioner Mullen stated he felt this development was well suited to a monument sign and that he would prefer one sign instead of two and a monument sign instead of a freestanding sign. Chairman Van Allen closed the public hearing. PUBLIC HEARING RE. GENERAL PLAN AMENDMENT NO. 77-4 Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposed amendment to the Land Use Element of the General Plan to change the existing designa- tion of a 5 -acre parcel of land located at the northeast corner of Bloomfield Avenue and Orange Avenue from a retail and general commercial designation to low-density residential. He opened the hearing and asked for the staff report The Planning Director stated the notice of public hearing was given in accordance with the legal requirements which for a General Plan amendment, require that the property be posted and that the notice be published in the newspaper He stated notices were not mailed to property owners within 300 feet Staff transmitted Staff Report #77-35 dated September 29 regarding the application Commissioner Mullen was in favor of continuing the hearing and notifying the property owners since many persons were interested in this matter Commissioner Adler felt the Com- mission received sufficient input at the last hearing and would probably receive the same input and he favored considering the matter at this time Commissioner Partin agreed and stated the legal requirements for posting were met and the matter could be appealed to the City Council. Chairman Van Allen pointed out that the testimony at the last hearing pertained to a conditional use permit and liquor store use and no one spoke regarding a General Plan amendment or zone change Commis- sioner Friedmann favored continuing the hearing and notifying all property owners -7- Planning Commission Minutes October 6, 1977 The Planning Director stated a continuance would not result in any delay for the applicant since this matter would not reach the City Council until after the Commission's second October meeting. The Deputy City Attorney stated the Commission should not consider comments made at the hearing on the conditional use permit at this hearing It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and carried with Commissioners Adler and Partin voting no to continue the public hearing to the October 20 meeting and direct staff to notify property owners within 300 feet of the hearing Mr. Philip Chapirson 3670 Aster Seal Beach, reported he was contacted two weeks ago by a person who was interested in buying the property and developing a restaurant which would include the on-site sale of liquor or beer and wine. He stated he advised the caller that the chances for a liquor use on the property were nil, and the caller asked that he bring this matter before the Commission Chairman Van Allen stated this was an inappropriate matter for the Commission to consider at this time and that if the person wished he could present a proposal He stated the Commission only expressed its opinion on Mr. Chapirson's specific proposal ADJOURNMENT. Chairman Van Allen adjourned the meeting at 9.05 p.m. ATTEST • CHAIRMAN OF THE PLANNING COMMISSION SECR TARY OF THE PLANNING COMMISSION -8- 3 7