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Minutes 1977-10-20MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD October 20, 1977 The regular meeting of the Cypress Planning Commission was called to order at 6:40 p.m. on Thursday, October 20, 1977 in the Cypress City Council Chambers, 5275 Orange Avenue Cypress California, Chairman Robert Van Allen presiding PRESENT• ABSENT: Commissioners Adler Friedmann and Van Allen Commissioners Mullen and Partin Also present were Brian Hawley, Planning Director, Art Schatzeder Public Works Director, Don Lamm, Assistant Planner, and Elizabeth Strauss Deputy City Attorney PLEDGE OF ALLEGIANCE Chairman Van Allen led the pledge to the flag COMMISSIONER PARTIN ARRIVED AT 6.41 P.M. At the Planning Director's request, and hearing no objections the Chairman continued Item #2 under Administrative Matters, Landscape Review for Anthony Industries to the November 3 meeting ADMINISTRATIVE MATTERS: 1 Proposed Vacation of a Portion of Capers Way and Breton Way - Cypress Village. The Planning Director read a report dated October 14 which indi- cated an error was made in the drafting of the final subdivision map for Cypress Village whereby an 11 -foot -wide strip in Capers Way and Breton Way, which was approved to be included in the common area under an amendment to C U P C-267 approved in Sep- tember 1972 was incorrectly included in the public right-of-way The original intent of the 11 -foot -wide strip was to provide parking area for recreational vehicles He reported that a petition was submitted by eight property owners requesting an amendment to C U P C-267 to eliminate the condition of approval requiring the parking area Staff recommended that the Commission set a public hearing for November 3 to consider the possible modification to the condi- tional use permit conditions Staff also recommended that the extra right-of-way in Capers Way and Breton Way should be vacated and placed in the common area to be governed by the homeowners' association Staff recommended that the Commission adopt a resolution determining that the vacation would conform with the General Plan The following persons spoke in regard to this matter and all expressed opposition to allowing recreational vehicle parking along Breton Way and Capers Way. Mr Russ Mycorn, 6820 Breton Way Mrs Richard Steel, 11256 Fichot Way Mr Richard Steel, 11256 Fichot Way Mr Fred Couchera 11258 Fichot Way Mr Ken Johnson, 11259 Knott Avenue Mrs Marie Wek, 6630 Capers Way Mr M.K Thompson 6653 Brewster Court Planning Commission Minutes October 20 1977 The Planning Director advised that the matter regarding the right-of-way vacation would be on the Council's agenda for October 24 at which time staff would also recommend that the Council set a public hearing for November 28 regarding the street vacation It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and unanimously carried to direct staff to set a public hearing for November 3 to consider an amendment to C U P C-267 and continue the matter regarding the proposed vacation of a portion of Capers Way and Breton Way to the November 3 meeting The Planning Director informed the property owners of the City ordinance regulating the circulation of petitions 2 Landscape Slide Presentation The Planning Director made a slide presentation identifying and describing characteristics of commonly used varieties of trees, shrubs and flowers in the Cypress area Chairman Van Allen requested that staff reschedule the presen- tation for the benefit of Commissioner Mullen as well as the Commission ORAL COMMUNICATIONS. Chairman Van Allen asked if anyone wished to speak in regard to any matter not on the agenda The Planning Director stated he transmitted a letter to the Commission from Mr Michael Brown of MEB Investments which indi- cated that the solar heated swimming pool installed for the 28 unit condominium project south of Lincoln Plaza Shopping Center would save the homeowners' association $100 monthly Mr Hawley commended MEB for the solar heating system of the units and stated it was the first such installation in the City PUBLIC HEARING RE. GENERAL PLAN AMENDMENT NO 77-4 (CONTINUED): Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a proposed amendment to the Land Use Element of the General Plan to change the existing designation of a 5 -acre parcel of land located at the northeast corner of Bloomfield Street 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 reported a notice of the public hearing was transmitted to the president of the homeowners' association of the tract to the north of the subject property He presented Staff Report #77-35 dated September 29 describing the application He reported he received a letter from Mr John Kendall, 4411 Marion Avenue, who supported the change and anticipated improvement of the corner with low-density housing Chairman Van Allen asked if the applicant wished to speak. Mr Philip Chapirson, 3670 Aster, Seal Beach, stated he wishes to cooperate with the Commission and City He stated he would probably have an access road with a driveway serving the three dwellings similar to the arrangement on the parcel at the north- west corner of Ball Road and Denni which is the same size parcel as his own Chairman Van Allen asked if anyone wished to speak in favor Mr Ken Hulse 5158 Cumberland Drive, Cypress, stated he heartily endorses the proposal and hopes it proceeds Mrs Diane Shepherd, 4036 Brighton Circle, Cypress, stated she supports the change to residential since the surrounding area is -2- Planning Commission Minutes October 20, 1977 residential She stated she recognizes the need for industrial and commercial development in Cypress but stated not every vacant property is conducive to commerce or industry. Chairman Van Allen asked if anyone wished to speak in opposition No one spoke in opposition. Mrs Nancy Crowder, 4024 Selkirk Cypress stated she felt the homeowners' association was awaiting the outcome of the hearing before making a determination on whether to add the new residences to the association She felt there was a possibility of the homes being added Commissioner Adler asked if this was the first commercial proposal for the property and stated he was concerned that other commercial uses, not already in the area, have not been explored The Plan- ning Director reported this was the first application for commer- cial use but the property has been vacant for ten years Com- missioner Adler felt the corner was not conducive to residences because of the two heavily traveled streets Chairman Van Allen inquired about the lot sizes of the proposed residential development. The staff reported the width would be about 50 feet and the depth would be in excess of 120 feet which includes the reduction for a street Commissioner Friedmann felt the orientation of the proposed homes may be undesirable since they would be surrounded by rear yards and cut off from the adjacent tract She stated the devel- opment at Denni and Ball has bad parking problems Commissioner Partin stated the property at Denni and Ball may be operating as a church and stated there are many cars at specific times He felt acceptability of the placement of the homes should be up to the purchaser and that commercial use on the property was a dead issue Chairman Van Allen expressed concern about the arrangement at Ball and Denni and felt the Commission and developer could work out a better situation Mr Joe Hardcastle, 4588 Blanca Drive, Cypress, stated rezoning of commercial property to residential not only eliminates poten- tial tax revenue but by adding a population of school age children also increases the taxpayers' burden Mrs Diane Shepherd, 4036 Brighton Circle, felt large lots would be an attractive feature She suggested that the proposed homes could face Orange Avenue It was moved by Chairman Van Allen and seconded by Commissioner Partin to approve General Plan Amendment #77-4 The motion failed to carry by the following roll call vote: AYES• 2 COMMISSIONERS• Partin & Van Allen NOES• 2 COMMISSIONERS• Adler & Friedmann ABSENT 1 COMMISSIONERS Mullen The Planning Director stated the applicant may appeal this deci- sion to the City Council within 15 days Commissioner Partin stated that the Commission often ignores the fact that the property owner should have the last word about what happens to his property and that it is the applicant's money that is involved He felt it was wrong that the Commission's inability to make a decision was causing another delay to the property owner -3- Planning Commission Minutes October 20, 1977 Mrs Nancy Crowder 4024 Selkirk, stated if the Commission was concerned about the island -type development at Ball and Denni, perhaps the wall separating the subject property and the park and pool to the east could be removed and an access road could be constructed off of Orange Avenue. Mrs. Philip Chapirson thanked Commissioner Partin for his under- standing and compassionate statements Mr Chapirson stated he was disappointed with the Commission's action and asked what type of development the Commission wanted since they denied the liquor store and residences Chairman Van Allen closed the public hearing RECESS Chairman Van Allen called a recess at 8:30 p m The meeting was called back to order at 8.45 p m with Commissioner Mullen absent PUBLIC HEARING RE. GENERAL PLAN AMENDMENT NO. 77-5 - M.E.B. INVESTMENTS. Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to change the designation of a 3 7 -acre parcel of land located at the northwest corner of Ball Road and Juanita Street from its current designation of retail and general commercial to a dual designation of retail and general commercial and high-density residential He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #77-37 dated October 12 and slides of the property. The report indicated that staff felt the applicant did not justify the request for the proposed land use designation and staff recommended denial of the appli- cation Chairman Van Allen asked if the applicant wished to speak Mr Michael Brown, M E B Investments, reported they are inter- ested in developing other properties in the City for commercial uses. one for a theater and another on Lincoln for a restaurant, since commercial use is more profitable now because of the resi- dential construction boom He indicated they proposed the mix at Juanita and Ball because it is an unusual property and there is no other comparable commercial property with as great a depth on a corner He stated one side of the lot is over 500 feet deep He reported their plan proposes 11 3 residential units to the acre, where 20 are allowed there are great amounts of open space a 60 foot buffer between the residential and commercial portions, and a solar heated pool which also acts as a buffer He felt the project would not be a burden on the school load and reported the 28 condominium units on Lincoln have only four children He felt a total commercial use would require deliveries off of Juanita Street which could be a safety problem to school children in the area He stated they propose to build the commercial portion first He felt because of competition nearby, such as the Mervyn's center and Alpha Beta center at Valley View and another commercial center on Ball east of the subject property, and the fact that commercial vacancies exist, one in the Mervyn's center and vacant property next to Alpha Beta that more resi- dential development is needed to support further commercial He stated the combination use would create 58% less traffic volume on Juanita than total commercial He stated they do not propose a strip commercial center but this was shown on the plan to indicate the maximum amount of commercial space and maximum parking space that could be obtained He stated a U-shaped center, as suggested by staff, would not provide exposure to stores in the rear and would not incorporate existing trees as their plan does. He reported they propose to finance a restaurant on the property He stated they estimated $15,758 annually to the City in sales tax from the retail space He indicated the dwellings -4- Planning Commission Minutes October 20, 1977 would be priced at about $68,000 or $69,000 He felt the Mission Viejo Company, owner of the property, would not sell it if they felt there was commercial potential Mr Doug Powery, M E B Investments, submitted two letters to the Commission. one from the Mission Viejo Company indicating total commercial development is impractical and that M E B 's plan is more acceptable with the current configuration of the property and another letter from Grubb and Ellis Mr Powery felt the solution development at Valley View and Ball is not applicable to their property since Valley View has a much higher traffic volume than Ball Road and it was an unfair comparison in the staff report Mr. Curt Olson, retail sales agent with Grubb and Ellis, 4299 MacArthur, Newport Beach, reported he spoke with possible major commercial tenants who are not interested in the property because of the low traffic count on Ball Road He stated there was no way to develop the entire property commercially without dupli- cating commercial uses in the area. He stated he presented the property a year ago and more recently to Ed Bach of Diversified Development who was not interested unless the property had the configuration of uses M E B proposes He reported Mission Viejo Company was unsuccessful in marketing the property and if it was possible they would have developed the property He felt a small, one owner operation restaurant, financed by M E B , was probable for the property He stated the commercial market is strong now because of the residential boom Commissioner Adler asked if the applicant considered a home improvement supply store or a recreational commercial use Mr Brown stated there is a home improvement store at Valley View and Lincoln and these are usually found in growing areas He reported they considered a theater and bowling alley but the property provided deficient parking area He stated skateboard parks create insurance problems for a city and they did not want to construct a giant slide or trampolines He stated they propose to build the restaurant with an individual operator employed by M E B as a subsidiary company Chairman Van Allen asked if anyone wished to speak in favor No one wished to speak in support. He asked if anyone wished to speak in opposition Mr Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the residen- tial development could not be restricted to adults and that they would turn into family units He stated residents have complained about Juanita traffic problems previously He stated the property is salable today although it might not be developable today He stated it is normal to have a certain percentage of vacancies with commercial development as exists in the area. Chairman Van Allen questioned the applicant regarding the proposed 58% reduction in traffic volume with the mix of uses and the appli- cant responded that this was based on past experience and studies and based on 40 000 square feet of commercial use without identi- fying commercial tenants Chairman Van Allen stated he could not accept the 58% statement and pointed out that different com- mercial uses have different volumes and peak times and the 58% reduction did not take the characteristics of Juanita Street into account such as the two stop signs make it an unattractive through street and most traffic is just ingress and egress of residents from the adjacent tract Mr Powery stated the applicant is volunteering to pay half the cost for a stop signal at the intersection if it is necessary Mr Brown discussed the possibility of constructing the rest- aurant and stated they expect to finance the restaurant and feel -5- Planning Commission Minutes October 20, 1977 it will draw patrons to the other tenants in the center He stated they cannot get a major restaurant which requires a major corner Mr Olson stated a restaurant will bring in other tenants to the center and stated the tenants will be able to compete with other commercial centers in the area because of lower rents and overhead Commissioner Friedmann felt commercial would not be viable without a major tenant and stated she disliked a strip center on the prop- erty In response to Commissioner Partin, the Planning Director stated the Alcoholic Beverage Control Board reviews applications on individual merit and felt there should be no problems selling liquor on the property unless there are strong objections from residents in the area or from the school district Commissioner Friedmann asked if the property previously was zoned residentially The Planning Director reported that before 1973 the rear portion was zoned R-3 and after adoption of the new Zoning Ordinance the entire property was zoned commercial He stated the feeling was that the parcel should not have dual zoning without a specific development plan and the objective was to encourage commercial use because of the fact the property is on a corner, that Juanita is a local collector street, and the storm drain is a natural buffer between residential to the north and commercial It was moved by Chairman Van Allen and seconded by Commissioner Adler to deny General Plan Amendment 477-5 Commissioner Partin stated the plan conforms with the intent of the Lincoln Avenue overlay zone and because of other commercial uses in the area he felt the proposal was a good plan Commis- sioner Friedmann stated a strip commercial center is unappealing, that the applicant has demonstrated the inappropriateness of the existing zoning, and she felt entire commercial development would be very difficult Commissioner Adler requested further inves- tigation of commercial uses and felt the fact that there has been no action on the property does not justify a change Chair- man Van Allen stated this property is not comparable with Lincoln parcels since they are landlocked and he felt the subject property is viable for commercial use The motion failed to carry by the following roll call vote: AYES• 2 COMMISSIONERS Adler & Van Allen NOES 2 COMMISSIONERS Friedmann & Partin ABSENT. 1 COMMISSIONERS: Mullen The applicants requested that the hearing be continued until the entire Commission is present, and also asked if the Commission could suggest other uses before the next hearing The Planning Director suggested that, if the Commission wishes, the hearing be continued to the second November meeting. Mr Joe Hardcastle, 4588 Blanca Drive, suggested a car dealership or ice skating rink for the property It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and unanimously carried to continue the hearing regarding General Plan Amendment #77-5 to the November 17 meeting Chairman Van Allen requested that the applicant's traffic consultant be present at that meeting RECESS: Chairman Van Allen called a recess at 10:20 p.m The meeting was called back to order at 10.30 p m. with Commissioner Mullen absent PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-23 - ROBERT GILBERT Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to estab- lish, operate and maintain an automotive repair facility to be -6- Planning Commission Minutes October 20 1977 located at 4572 Lincoln Avenue, Cypress, in the CH -10,000 Commercial Heavy Zone He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #77-39 dated October 14 describing the application and presented slides of the property Chairman Van Allen asked if renovation of the building was feasible The Public Works Director stated this was discussed with the Building Superintendent who submitted a list of deficiencies which must be corrected prior to use of the building He stated the applicant was notified that if the building remains open and subject to vandalism, it would be posted as unfit for occupancy or could be demolished He felt the building can be renovated Mr. Bob Gilbert the applicant, stated several items are required to bring the building up to code but that none involve structural work He stated the type of operation they propose does not require much internal improvement and they do not have financing to con- struct a new building He stated they are interested in upgrading the property and having an attractive business and that they propose one driveway The Planning Director stated the only change in the plot plan is provision for one widened driveway rather than two which staff supports Mr Gilbert reviewed several conditions with the Commission He requested approval at this time of the landscaping plan Regarding condition #8 he stated his topograph shows the property drains southerly and he asked if this would be acceptable Regarding condition #26, he stated the applicant would like to use the existing lube pit for servicing recreational vehicles and that it would be covered Regarding condition 427, Mr Gilbert stated the paved area will be completely screened with a chain link fence and redwood slats and is presently covered with old AC and oil which would serve as a dust pallative He stated he would prefer not to repave this area Regarding condition #29, he stated they will lease the entire property and there will be no subdivision The Public Works Director suggested that condition #8 could be changed to require that all AC paving shall have a minimum slope gradient of 1% and concrete gutters a minimum grade of 1/4% He stated condition #8 establishes the minimum slope and condition #14, requiring the topograph, will determine the direction of drainage Mr Gilbert stated this was agreeable In regard to condition #26, the Planning Director stated he would like to check with the Building Superintendent regarding use of the lube pit and review the safeguards proposed by the applicant Commis- sioner Adler suggested changing the condition to read the existing lube pit west of the building shall be filled and capped or repaired to the satisfaction of City codes and the City staff Regarding condition #27, the Public Works Director stated all areas used for parking should be paved Mr Gilbert reported that additional parking can be provided within the fenced area for vehicles which have been repaired. He stated the driveway will be located opposite a proposed median island opening which will permit left turns into the property Commissioner Adler inquired about the disposal of car parts or oil and the Planning Director stated storage or disposition of flammable material like oil is subject to regulations of the Fire Marshal Chairman Van Allen asked if anyone wished to speak in support or in opposition No one wished to speak in favor or opposition Chairman Van Allen asked if the applicant considered the feasi- bility of demolishing the building and constructing a new one Mr Gilbert stated they lack funds to construct a new building and that the existing building is structurally sound and requires -7- Planning Commission Minutes October 20, 1977 some improvements like rewiring and drywall repair Chairman Van Allen expressed concern about the lack of elevation plans and about the adequacy of the landscaping The Planning Director stated he had no concerns regarding the planting materials and that landscaping and irrigation can be worked out by the appli- cant and staff and considered at the time of sign review He requested that the Commission make a determination regarding staff's recommendation that the applicant extend the parapet wall around the building It was moved by Commissioner Adler and seconded by Commissioner Friedmann to approve Conditional Use Permit #77-23 subject to the 33 conditions recommended by staff with changes to conditions #26 #8 and #18 to include the irrigation plan, and the additional condition #34 requiring elevation plans Chairman Van Allen stated he would oppose the motion since he felt this was premature approval and the Commission should review the elevations and landscaping plans and make a determination regarding structural soundness of the building prior to approval of the use permit The Planning Director stated the Building Superintendent would not distribute a list of necessary corrections if the building could not be renovated and the Public Works Director stated con- dition #28 will satisfy the structural requirements Mr Gilbert stated the Building Inspector's inspection was made more recently than a year ago since the property owner was notified when the plate glass window in front of the building was broken The conditions of approval were as follows 1 Drainage fees shall be paid in accordance with the Master Plan of Drainage Drainage shall be solved to the satis- faction of the City Engineer A grading plan shall be submitted for approval 2 All secondary and primary utility services shall be under- ground 3 Advance street light energy charges shall be paid 4 Lincoln Avenue shall be fully improved with curb, gutter, sidewalk, driveway and paving in accordance with the Master Plan of Streets and Highways 5 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards All conditions of the Fire Marshal's office shall be complied with prior to occupancy 6 Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution No 1713 7 Developer shall conform to all applicable provisions of the City Code 1 8 All AC paving shall be a minimum slope gradient of between one percent (1%) and one-quarter percent ( 25%) on concrete gutters 9 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") 10 A bond shall be posted by the applicant to guarantee maint- enance of the irrigation system so that it operates in a manner for which it was designed and to guarantee maint- enance of all plant materials in a healthy, growing condi- tion free of weeds and litter for a period of not less than twelve (12) months to the specifications of City staff -8- Planning Commission Minutes October 20, 1977 11 The quantity, location, width and the type of driveway shall be subject to the approval of the City Engineer 12 A continuous physical barrier (i e 6" high concrete curb) shall be constructed along the easterly and westerly property lines of the parking area to the satisfaction of the City staff 13 All on-site drainage shall be conveyed to the street by means of an undersidewalk drain per City of Cypress standards 14 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 15 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 16 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 17 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 18 A landscape and irrigation plan shall be reviewed and approved by the Planning Commission prior to installation of any land- scaping 19 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 20 The 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 21 An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue 22 All roof -mounted equipment such as heating and air condi- tioning units shall be removed or adequately screened from public view subject to the approval of the City staff 23 A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue 24 A cash bond shall be posted for future street lights on Lincoln Avenue and a 1 1/2" diameter PVC pipe, schedule 40, shall be installed 25 The existing chain-link fence on the property shall be re- paired and improved with redwood slats, subject to approval by City staff 26 The existing lube pit west of the building shall be filled and capped to the satisfaction of City staff, unless adequate safety precautions are provided to the specifications of all applicable agencies -9- Planning Commission Minutes October 20 1977 27 All surface area north of a line continual from the southern building wall shall be capped with asphaltic concrete and sealed, subject to the approval of City staff 28 Requirements of the Building Superintendent shall be met to bring the subject building into conformance with the Building, Electrical and Plumbing Codes 29 A parcel map is required if the developer leases less than the entire lot The conditions of this Conditional Use Permit shall apply to all parcels created, altered or otherwise affected by this parcel map 30 Should the existing specimen trees located on the southerly half of the property ever be removed, a minimum five -foot - wide landscaped planter with screen landscaping shall be installed subject to City staff approval 31 No overnight outdoor storage of partially dismantled auto- mobiles, automotive parts, machinery or related items shall be permitted unless adequate screening is provided to the specifications of City staff 32 All repair and maintenance of automobiles shall be done within the building 33 All plans for wall or freestanding signing shall be re- viewed and approved by the Planning Commission prior to installation 34 Elevation plans clearly indicating the extent of improve- ments/renovations to be made to the building shall be submitted for review and approval by the Planning Commis- sion prior to the issuance of a building permit The motion carried by the following roll call vote• AYES NOES: ABSENT• 3 COMMISSIONERS. 1 COMMISSIONERS: 1 COMMISSIONERS Adler, Friedmann & Partin Van Allen Mullen Chairman Van Allen closed the public hearing PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-24 - SHORT STOP FAST FOOD• Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to estab- lish, operate and maintain a fast food, drive-thru restaurant and ice cream store to be located at the southwest corner of Cerritos Avenue and Knott Street in the CS -N -2A Commercial Shopping Center Zone He opened the hearing and announced that staff requested a continuance of the hearing to allow the staff and applicant to resolve site plan problems. It was moved by Chairman Van Allen, seconded by Commissioner Partin and unanimously carried to continue the hearing regarding Conditional Use Permit #77-24 to the November 3 meeting PUBLIC HEARING RE. VARIANCE NO. 77-5 - JOHN LUSK & SON: Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to allow the establishment of lots with less than one acre in area in the MP -40,000 Indus- trial Park Zone He announced the following hearing would be considered at this time. PUBLIC HEARING RE: TENTATIVE TRACT NO. 10049 - JOHN LUSK & SON. A proposal to divide property located at the northwest corner of Katella and Knott into 79 lots for the establishment of a 70 -acre industrial park The Chairman opened both hearings and asked for the staff report -10- 1 Planning Commission Minutes October 20 1977 The Planning Director presented Staff Report #77-38 dated October 13 describing the application and presented slides of the prop- erty and examples of typical industrial parks developed by the applicant He stated 79 lots are proposed, not 77 as stated in the public hearing notice The staff report indicated the appli- cations propose the division of approximately 70 acres of land into 79 lots designed for industrial and commercial uses He stated of the 79 lots proposed under the subdivision, 60 are proposed to have less area than the minimum required for the MP -40 000 zone and the applicant is requesting a variance. The staff report indicated the applicants propose a substantial number of lots of a minimum area of 20,000 square feet which they feel will provide flexibility to more directly meet market demands. In order to permit broader uses than would be permitted and to facilitate industrial development of the property, the staff recommended a zone change from the current classification to an industrial/commercial planned community zone This zone change will require adoption of a separate zoning ordinance establishing standards of development and performance. The staff recommended that the Planning Commission initiate an amend- ment to the Zoning Ordinance to change the zoning of the subject property from the current classification of MP -40,000 to a PC planned industrial/commercial zone The Planning Director reported a notice of the hearing was transmitted to the City of Stanton and the reply from their Planning Commission outlined concern regarding the reduction in lot size particularly next to the residential tract and felt sufficient buffering was not provided. They also indicated the EIR predates the single-family construction and environmental questions should be addressed to determine if an additional EIR should be prepared. The Planning Director responded that the EIR prepared for the Arlan property fully analyzes the impacts of industrial development He felt that when the residential subdivision was developed in Stanton and if there was concern regarding environmental impacts, then the City of Stanton should have been responsible for preparing an EIR on the impacts of residential development on the adjacent indus- trial property, which has long been zoned industrially Mr Hawley reported that he visited the sales office for the resi- dential tract and the salesman stated he was aware of the indus- trial zoning of the Arlan property and has informed potential buyers that light industrial uses would be permitted In regard to the reduction of lot sizes, the Planning Director stated 1/2 acre minimum lot sizes are proposed in the subdivision while the City of Stanton Zoning Ordinance requires minimum lot sizes for light industrial uses of only 6500 square feet Commissioner Friedmann asked about condition #10 requiring a wall on the north property line. The staff indicated a wall exists up to Lot ##13 and will have to be extended westerly and portions of the property must be graded down where dumping has occurred Chairman Van Allen asked why bicycle racks were required only on Lots #27 and 77 (condition X63) The Planning Director stated at this time these lots were identified for potential multi - tenants with the possibility of retail or commercial uses. Chair- man Van Allen recommended adding to the condition that additional bicycle racks may be required depending upon what is in the plans Commissioner Partin asked if the sewer for the project is the same one in his tract The Public Works Director stated the applicant intends to use the existing sewer in Katella Avenue which is connected to the Miller -Holder trunk which passes through his tract Chairman Van Allen asked if the applicant wished to speak -11- Planning Commission Minutes October 20, 1977 Mr Don Stephenson vice president of Lusk Company, stated they have been involved with commercial and industrial development for many years and are currently developing industrial parks in three other cities. He stated they feel it will be a viable project and they are anxious to start He stated several of the conditions relate to specific building design questions which will be resolved when each building comes in for approval He stated the CC&R's will contain architectural and landscaping design standards He stated they intend to build and own about 7-10% of the buildings as a long-term investment. He stated their initial plans are to construct the area west of Holder and open sales on this portion in April or May, 1978 He stated they will begin grading and site improvements for the area east of Holder about four or five months after the area to the west is started He stated the current schedule is to have the project sold out by February 1980 and the build out of buildings a year later after sales He stated if the project is successful they may purchase more property from the Arlan Company Mr Stephenson stated they propose no railroad spur but one is possible because of the easement He stated their experience has been not to com- pete with railroad companies which can provide large industrial tracts with this service Mr Stephenson stated the design of the project allows flexibility to create larger or smaller sites for individual users and a combination of lots is possible. Chairman Van Allen asked if anyone wished to speak in favor Mr Joe Hardcastle, 4588 Blanca Drive, Cypress president of the Cypress Citizens' Association stated the organization is in favor of the development and has worked hard and long for it and feels it had a lot to do with it occurring. He stated he would like to see the project expedited and no obstacles placed by the City and he hoped the residents to the north are protected with setbacks Chairman Van Allen asked if anyone wished to speak in opposition No one wished to speak in opposition Mr Stephenson stated they can relocate the northerly lots and provide another 15 feet along the rear line to have a typical building setback of about 45 feet He stated they have a similar situation in their park in Huntington Beach It was moved by Commissioner Friedmann and seconded by Commis- sioner Partin to approve Variance #77-5 subject to the findings of Section 17.3-7 of the Zoning Ordinance The motion unani- mously carried by the following roll call vote AYES. NOES• ABSENT 4 COMMISSIONERS: Adler, Friedmann, Partin & Van Allen 0 COMMISSIONERS None 1 COMMISSIONERS Mullen It was moved by Commissioner Friedmann and seconded by Commis- sioner Adler to approve Tentative Tract #10049 subject to the following conditions 1 The developer shall conform to all applicable provisions of the City Code All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance as they apply to this project shall be satisfied Plan checking, inspec- tion and final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution No 1713 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 -12- Planning Commission Minutes October 20 1977 2 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 Drainage fees shall be paid in accordance with the Master Plan of Drainage The developer may construct all or a portion of a Master Plan storm drain in lieu of paying fees, but the cost to the developer shall in no case exceed the total drainage fees Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval All lots shall have a slope gradient of between one-half percent (0 5%) and three percent (3%) from rear lot line to the street All on-site concrete drainage gutters, as a condition of individual lot building permits shall have a slope gradient of one-quarter percent (0 25%) 3 Katella Avenue Knott Street Holder Street and all interior streets shall be dedicated and fully improved with curb gutter, sidewalk, driveway, paving, etc , in accordance with the Master Plan of Streets and Highways, with the exception that sidewalks will not be required on the interior streets A bicycle trail subject to the approval of the City Engineer shall be constructed along both sides of Holder Street The minimum flowline grade in streets shall be 0 20% Curb returns at the intersection of Holder and Katella shall have a radius of 35 feet (35') 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 be determined by using an applicable T I (Traffic Index) Corner cutoffs shall be dedicated to the City of Cypress for roadway purposes Median openings shall be located not less than 440' centerline to centerline If adequate explanation and documentation are submitted a 330 minimum will be permitted The developer shall make a cash deposit equal to the cost of landscaping and irrigating one-half of the Katella Avenue median adjacent to the property or install landscaping and irrigation for an equivalent portion of the full median Bicycle racks shall be installed on lots 27 and 77 The number of racks shall be determined by the City Engineer and developer when building plans are submitted Additional bicycle racks may be required on other lots as precise uses and development plans are submitted for approval Bus bays shall be included on the north side of Katella Avenue, west of Knott Street and west of Holder Street, subject to approval of the City Engineer 4 The developer shall provide adequate speed control and ade- quate "no parking" controls within the development to the satisfaction of the City Engineer 'No parking' controls shall be included in the conditions, covenants and restrictions for this development -13- Planning Commission Minutes October 20, 1977 A traffic signal is required at the intersection of Holder Street and Katella Avenue The City will share in one-third of the cost, the developer on the north side and the devel- oper of the property on the south side of Katella each will share one-third of the cost 5 The number, location, width and the type of driveway shall be subject to the approval of the City Engineer 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 6 The developer shall submit a Master Plan subject to the approval of the Planning Commission for landscaping and irrigating the outer 8' of dedicated public right-of-way as streetscape A certificate of occupancy for each indi- vidual lot shall not be issued until all landscaping and irrigation is completed in accordance with plans and speci- fications as approved by the Planning Commission Street trees shall conform to the street tree policy of the Public Works Department and the Townscape and Urban Design Element of the General Plan 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 7 All secondary and primary utility services shall be under- ground Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 8 Street lights shall be installed per City standards, and advance street light energy charges shall be paid On-site security lighting shall be arranged so that direct rays will not shine on adjacent residential properties or produce glare for street traffic 9 As a condition of individual building permits, sanitary sewer connection fees shall be paid in accordance with Orange County Sanitation District No 3 Resolution #303 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 10 A minimum six-foot (6 ) high block wall measured from the highest adjacent grade shall be constructed or maintained along the northerly property line(s). 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") 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 -14- Planning Commission Minutes October 20, 1977 11 Installation of cable TV shall be subject to any City ord- inances or regulations which are in effect at the time of recording for the final map if included as part of the development 12 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 Commercial or industrial developments which adjoin residen- tially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the City staff 13 A copy of the conditions covenants and restrictions (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 14 The parkway area of all streets not improved with sidewalks shall be landscaped, irrigated and maintained by the property owners in accordance with approved CC&R's 15 A circulation plan devised to provide off-street pedestrian access to bus stops shall be submitted for approval 16 Prior to the issuance of a building permit for any structure the final building plans elevations and plot plans shall be submitted for review and approval by the Planning Commission The motion unanimously carried by the following roll call vote. AYES• 4 COMMISSIONERS Adler, Friedmann, Partin & Van Allen NOES 0 COMMISSIONERS None ABSENT: 1 COMMISSIONERS• Mullen It was moved by Chairman Van Allen and seconded by Commissioner Friedmann to initiate an amendment to the Zoning Ordinance to change the zoning of the subject property from MP -40 000 to a PC Planned Industrial/Commercial Zone The motion unanimously carried by the following roll call vote. AYES: 4 COMMISSIONERS: Adler Friedmann, Partin & Van Allen NOES. 0 COMMISSIONERS: None ABSENT. 1 COMMISSIONERS• Mullen Chairman Van Allen closed the public hearings MINUTES: It was moved by Commissioner Friedmann, seconded by Commissioner Adler and unanimously carried to approve the September 15 minutes as corrected It was moved by Commissioner Friedmann, seconded by Commissioner Adler and unanimously carried to approve the October 6 minutes as corrected ADJOURNMENT. Chairman Van Allen adjourned the meeting at 12.40 a m ATTEST*• C -AIRMAN OF THE PLANNING COMMISSION SE OF THE PLANNING COMMISSION CR TARY -15-