Loading...
Minutes 1977-12-01MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD December 1 1977 The regular meeting of the Cypress Planning Commission was called to order at 7 04 p m on Thursday, December 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 Brian Hawley, Planning Director, Don Lamm, Assistant Planner, Frank Dalesandro, Office Engineer, and Elizabeth Strauss Deputy City Attorney PLEDGE OF ALLEGIANCE The pledge to the flag was led by Commis- sioner Mullen MINUTES: It was moved by Commissioner Friedmann, seconded by Commissioner Adler and carried, with Commissioner Mullen abstaining, to approve the November 17 minutes as corrected At Commissioner Partin's request, Chairman Van Allen added Item #2 under Administrative Matters regarding signing at the Van Ruiten Dairy on Valley View Street ADMINISTRATIVE MATTERS: 1 Design Review Conditional Use Permit ##77-23 Mr Bob Gilbert (continued). The Assistant Planner reported this matter was continued from the last meeting at which time the Commission reviewed the ele- vations and plot plan and held discussion regarding the Building Department's recommended conditions and specifically the require- ment for a parapet on the east wall Mr Lamm stated the appli- cant agreed with this requirement The applicant requested a continuance because of the Commission's split vote on the matter Commissioner Mullen stated he listened to the tapes of the last meeting on this item Chairman Van Allen asked if the applicant wished to speak Mr Bob Gilbert, 4692 Sharon La Palma stated he had no further comments and would respond to questions The Assistant Planner reviewed the Commission's actions to date on the application for the benefit of Commissioner Mullen He reported the elevations are the same as originally submitted He reported the applicant agreed to construct a parapet on the east wall bring the building up to Code requirements and repair and replaster the building exterior, but he has not offered further exterior improvements Mr Lamm stated the use permit conditions require that roof mounted equipment be screened Mr Gilbert stated he has agreed to remove the roof equipment He stated he has agreed to all recommended public improvements and will restucco and color coat the building on three exposed Planning Commission Minutes December 1, 1977 sides and repair the rear side He stated he agrees to construct the parapet on the east wall although he did not feel it was a Code requirement or part of the original Building Department recommendations Mr Gilbert stated he intended to use the shed on the east side of the property and it would have minor repairs and possibly be stuccoed Chairman Van Allen stated he and Commissioner Adler favored the parapet all around the building He asked if anyone wished to speak in regard to this matter No one in the audience wished to speak Commissioner Mullen suggested adding a condition to require the parapet on the west side of the building to correspond in length with the parapet on the east side Commissioner Mullen moved to add the condition to require the parapet on the entire west side of the building Mr Gilbert offered to construct the parapet all around the building It was moved by Commissioner Partin seconded by Commissioner Friedmann and carried, with Chairman Van Allen voting no to approve design review for C U P #77-23 subject to the following conditions, which includes the original conditions and the condi- tion recommended by Commissioner Mullen. 1 All requirements as previously outlined shall be satisfied prior to the issuance of a Certificate of Occupancy for this building 2 A parapet wall shall be constructed along the westerly building wall designed in a manner comparable to that which is required along the easterly wall of the subject building 3 Final design of this project shall be in accordance with the latest plans submitted for Commission review dated October 31, 1977 Chairman Van Allen stated he was not concerned with the parapet or resurfacing of the building but that the plan does not conform with what his responsibilities are regarding development on Lincoln Avenue Chairman Van Allen continued Item #2 until after the hearings ORAL COMMUNICATIONS. Mr James Duncan 9787 Rome Street, Cypress, stated it was diffi- cult to hear the Commissioners speak He felt a recommendation should be made to the Council to move the podium closer to the audience and he requested that developmentplans be displayed for the audience Chairman Van Allen added this matter to the agenda as Item #3 CONTINUATION OF PUBLIC HEARING RE GENERAL PLAN AMENDMENT NO. 77-5 - MEB INVESTMENTS Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a request to change the designation of the north- westerly corner of Ball Road and Juanita Street from its current commercial designation to a classification which would provide for high-density residential and commercial uses He opened the hearing and asked for the staff report -2- Planning Commission Minutes December 1 1977 The Assistant Planner reported the hearing was continued from the November 7 meeting at the applicant's request so that the full Commission could be present He stated the proposal is to change 2 3 acres of the 3 7 acre parcel to high-density residential and retain 1 4 acres as commercial for a proposed shopping center on Ball Road He stated the proposed residen- tial density is 11 3 units per acre He presented slides of the property and surrounding land uses Chairman Van Allen asked if the applicant wished to speak Mr Doug Powery, representing MEB Investments reported that they have purchased the property He presented arguments to support their request for rezoning which were based on the extreme property depth and existence of specimen trees and Cypress Skateway which would limit exposure for commercial tenants weak traffic count on Juanita and Ball Road, lack of commercial demand because of lack of residential support in the area, the possible adverse impact of total commercial directly across from an apartment project on Juanita, the vacancies available in the Alpha Beta center and Albertson's center and the lack of response from commercial tenants to MEB's letter and from restaurant interests to the Mission Viejo Company's letter Mr Powery presented slides to illustrate his comments He read a letter from the owner of the Alpha Beta shopping center which outlined a brief history of the commercial rental demand in the center Mr Powery submitted to the Commission a list of commercial tenants which MEB contacted and letters which expressed no interest in the property He stated the applicant was willing to share half the cost of a signal at Ball and Juanita He reported MEB hired an architect specializing in restaurant development and he presented a rendering of his proposal for a restaurant and shops with an old West theme Chairman Van Allen asked if anyone wished to speak in support or in opposition No one wished to speak Commissioner Mullen stated he listened to the tapes on this item from the last hearing RECESS• Chairman Van Allen called a recess at 8 14 p m The meeting was called back to order at 8.24 p m with all Commis- sioners present Chairman Van Allen asked if anyone wished to speak Mr James Duncan, 9787 Rome, stated the property has been an eyesore with weeds or as a dumping ground He stated the amount of commercial space appears adequate there is a need for a family restaurant in the City, and he felt the applicant has constructed attractive developments elsewhere in Cypress Mr Alfonso Troncone, 5427 Oxford Drive Cypress stated it was a worthwhile project which he favors and he wished the developer luck Mr Powery stated that MEB has not had time to solicit tenants for the proposal for a Western theme center A representative of Linscott, Law and Greenspan, traffic consul- tant for MEB, responded to questions and clarified figures from his report relating to traffic generation and distribution -3- Planning Commission Minutes December 1 1977 Commissioner Mullen felt discussion of the traffic generation was unproductive since it would be based on the type of commercial uses Commissioner Partin asked if the bridge on Juanita across the channel would be widened The staff indicated there are no plans to widen the bridge but several funding alternatives are available and this determination can be made when precise develop- ment plans are submitted It was moved by Commissioner Friedmann and seconded by Commissioner Partin to approve General Plan Amendment #77-5 Commissioner Partin stated he supported the development and liked the location of the property on the City's border and felt devel- opment may bring in revenue from the City of Buena Park Commis- sioner Mullen stated it appeared to be a good plan and he felt denial posed the risk of no development for a long time Commis- sioner Adler felt the applicant had sufficiently convinced the Commission regarding their difficulty in getting tenants He stated the plan is reasonable and has a chance to work and he would support it 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 The Planning Director stated the matter probably will be on the Council's January 9 agenda Mr Powery asked that the matter be delayed two more weeks RECESS Chairman Van Allen called a recess at 9 15 p m The meeting was called back to order at 9.20 p m with all Commis- sioners present PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-25 - EASTERN PACIFIC INVESTMENTS. Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to establish and maintain a professional office building located in the 5400 block of Orange Avenue situated on the south side of Orange Avenue between Grindlay Street and Walker Street in the OP -10,000 Office Professional Zone He opened the hearing and asked for the staff report The Planning Director summarized Staff Report #77-42 dated Novem- ber 28 which described the application and he presented the plot plan and a rendering of the building The Assistant Planner pre- sented slides of the property and surrounding land uses The Planning Director reported that the tandem parking spaces would be assigned to tenants He reported that the trash enclosure areas are set back 55 feet from the southerly property line He suggested that the trash area at the southwest portion of the property be designed for use by this development and the existing office complex to the west, and further, that the trash area at the southeast portion of the adjacent property (the existing office complex) be abandoned The Planning Director stated the front setback for the proposed building is 18 feet (the front setback for the existing adjacent building is 10 feet) He stated the building cannot exceed a maximum height of 35 feet above final grade and a six foot high block wall must be maintained along the south prop- erty line He stated the plans indicate a continuance of the basic landscaping theme as for the project to the west which in- cludes a minimum five foot wide landscaping strip along the southerly property line He reported staff received no written or oral communications regarding the application Chairman Van Allen asked if the applicant wished to speak -4- Planning Commission Minutes December 1 1977 Mr John Yznaga, Vice President of Eastern Pacific, agreed to eliminate one parking space at the southeast corner of the existing office project to provide a trash area at this location to serve both developments He estimated that the floor of the proposed building will be close to the existing grade of the property He stated staff's recommendations are acceptable to the applicant He reported the parking spaces will be assigned to tenants and the parking lot will be integrated with the one next door to provide a free flow for traffic between the two developments Chairman Van Allen asked if anyone wished to speak in support Mr Alfonso Troncone, 5427 Oxford Drive, thanked the staff for considering the neighbors ' concerns regarding the trash areas and landscaping along the south wall He requested that Condi- tion #15 be changed to state that planting must be installed, rather than shall be installed He asked about the design of the building, and asked that the developer give special consid- eration to grading Mr Troncone asked that the developer keep the dirt watered to prevent a dust problem which was experienced with the adjacent project He stated he would prefer not to have a second wall along the south property line He asked if retail business like a drugstore would be permitted in the building The Planning Director advised that the Zoning Ordinance would allow a small prescription pharmacy to serve the medical offices but does not permit a general retail outlet Chairman Van Allen asked if anyone wished to speak in opposition Mrs Harity, 5323 Oxford Drive Cypress inquired about windows on the rear of the building and lighting in the parking lot She stated lighting at the existing project to the west is satisfactory Mr Yznaga stated lighting will be similar and the windows on the rear side are at the same elevation as windows on the front of the building Mrs Harity indicated she was concerned about the grade of the property and the lofts in the existing office building The Planning Director stated the window elevations of the proposed building will be lower than the existing building He reported that the rear setback for the proposed building is the same as for the existing building Chairman Van Allen recommended a change to Condition #19 to state that the trash area shall be designed subject to Commission approval and the plans shall be submitted with the landscaping and irrigation plans Mr Yznaga stated this was acceptable The Planning Director further recommended that Condition #19 be changed to state that disposition and use of the existing trash receptacle adjacent to the southwest corner of the subject prop- erty shall be subject to review and approval by the Commission at such time as plans for the trash area are submitted for Com- mission approval Mr Yznaga briefly described the design of the building It was moved by Commissioner Friedmann and seconded by Commis- sioner Mullen to approve Conditional Use Permit #77-25 subject to the following conditions, including the changes to Conditions #15 and 19 and subject to the findings in Sections 17 2-7 and 17 3-7 of the Zoning Ordinance 1 Development of the subject property shall be in conformance with the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Com- mission Since the property is located in the CC Overlay Zone, final building and elevation plans shall be submitted for Commission review prior to the issuance of a Building Permit -5- Planning Commission Minutes December 1, 1977 2 Plans for the proposed landscaping and irrigation system shall be submitted for review and approval by the Planning Commission Required landscaping and irrigation systems shall be installed prior to the issuance of a Certificate of Occupancy for this project 3 At the time landscaping plans are reviewed by the Commission plans for the proposed signing program shall be submitted for review and approval by the Planning Commission 4 A bond shall be posted by the applicant to guarantee upkeep of the landscape program and maintenance of the irrigation system so that the landscaping remains complementary and the irrigation system continues to operate in the 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 12 months to the specifications of City staff 5 Development of the property shall conform to the requirements of all existing building codes and shall conform to the pro- visions of Fire Zone II 6 All requirements of the Orange County Fire Marshal shall be satisfied with respect to the type and location of fire hydrants and fire extinguishers 7 Handicap ramps, parking and restroom facilities, etc , shall be installed in accordancd with State of California specifi- cations providing for facilities for the handicapped on all new construction 8 The California Energy Conservation Standards for non-residen- tial buildings which become effective January 1978 shall be applicable to the development of the subject property 9 A revised compaction report and certification of grades for the subject property shall be submitted for review and approval by the City staff prior to inspection of the building trenching 10 Developer shall conform to all applicable provisions of the City Code Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No 1713 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3, Resolution No 303 Drainage fees shall be paid in accor- dance with the Master Plan of Drainage 11 Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval The minimum flowline grade in on-site gutters shall be 0 20% All on-site drainage shall be conveyed to the street by means of an undersidewalk drain, per City of Cypress standards 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 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") 12 All secondary and primary utility services shall be underground -6- Planning Commission Minutes December 1, 1977 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 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 14 The number, location, width and type of driveway shall be subject to the approval of the City Engineer An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Orange Avenue No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be main- tained within the development at all driveway intersections to the satisfaction of the City Engineer 15 A minimum six-foot (6') high block wall, measured from the highest adjacent grade, shall be maintained along the south property line A continuous physical barrier (i e 6' high concrete curb) shall be constructed at a minimum dis- tance of five feet (5') from the base of all block walls exposed to vehicular traffic to the satisfaction of the City Engineer Planting shall be installed in the area between the block wall and the curb 16 Parking lot circulation shall be subject to the approval of the City Engineer The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer A bicycle rack having a minimum storage of five (5) stalls shall be installed The location of all bicycle racks shall be sub- ject to the approval of the City staff Tandem parking stalls shall have restricted designations as specified by City staff 17 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 No open cuts will be allowed in Orange Avenue 18 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic All roof -mounted equipment, such as heating and air conditioning units shall be adequately screened from public view, subject to the approval of the City staff Commercial or industrial developments which adjoin residentially zoned areas shall be screened and shall be constructed with noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satis- faction of the City staff 19 Trash areas shall be designed and located to the satisfaction of the Planning Commission Also the existing trash en- closure in the southeast corner of the adjacent developed parcel to the west shall be relocated to the satisfaction of the Planning Commission Plans for the design and loca- tion of trash receptacle areas shall be submitted for Com- mission review in conjunction with the required landscape and irrigation plans The disposition and use of the existing trash receptacle situated adjacent to the southwesterly corner of the subject property shall be subject to the review and approval of the Planning Commission -7- Planning Commission Minutes December 1 1977 20 Orange Avenue shall be fully improved adjacent to the subject property in accordance with City development standards 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 ADMINISTRATIVE MATTERS (Continued) 2 Consideration of Signing at Van Ruiten Dairy Commissioner Partin reported that it has been brought to his atten- tion and he has noticed a sight distance problem for traffic exiting the dairy which is created by signs which are placed in the parkway and attached to telephone poles He recommended that the Commission take action to remedy the problem The Planning Director stated he would direct a letter to the owner advising him of the Commission'§ concerns and request removal of the signs in the public right-of-way and relocation so that they will not cause visibility problems He stated this dairy's signing will be included in staff's inventory of non -conforming signs which will be presented for Commission consideration in the future 3 Consideration of Audio System in Council Chambers The Commission held discussion regarding sound problems in the Council Chambers Mr James Duncan, 9787 Rome, felt the Commissioners should be audible and plans should be made available for the audience to review in order for the audience to give input He stated the Council authorized changes in the microphones and he felt changes should be made to the speakers since he felt they were too high The Planning Director suggested that Mr Duncan bring this matter before the Council since changes to the podium involve a capital expenditure He stated applicants can be requested to provide a copy of plans for the audience Chairman Van Allen asked staff to investigate changing the microphones so that they provide more pick-up and stated the Commission can request additional plans for the audience He suggested that the podium changes be referred to the City Council The Planning Director reported that the City Council held a hearing regarding modification to the use permit for the Cypress Village development and concurred with the Commission's action by approving the modification to eliminate the requirement for an RV storage area The Council also agreed not to vacate those portions of Breton Way and Capers Way The Council continued the public hearing regarding the vacation of the cul-de-sac court parking areas for a further staff report The Planning Director also reported that plans were submitted for property at the southeast corner of Orange Avenue and Grindlay Street which propose an office complex and the matter probably will be scheduled for the January 5 meeting ADJOURNMENT ATTEST Chairman Van Allen adjourned the meeting at 10:43 p m AIRMAN OF THE PLANNING COMMISSION SECRETARY OF THE LANNING COMMISSION -8-