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Minutes 1978-01-05L MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD January 5, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6:40 p.m on Thursday, January 5, 1978 in the Cypress City Council Chambers 5275 Orange Avenue Cypress, California, Vice Chairman Richard Partin presiding PRESENT: ABSENT: Commissioners Adler, Friedmann, Mullen and Partin Chairman Van Allen Also present were Planning Director Brian Hawley, Assistant Planner Don Lamm, Public Works Director Art Schatzeder, Zoning Inspector Sandy Spain and Deputy City Attorney Roger Grable PLEDGE OF ALLEGIANCE Commissioner Adler led the pledge to the flag Commissioner Partin reported that Chairman Van Allen was in the hospital and was doing well after being stricken with severe chest pains over the weekend MINUTES. It was moved by Commissioner Friedmann seconded by Commissioner Adler and unanimously carried to approve the December 15 minutes ADMINISTRATIVE MATTERS: 1 Continued Consideration of Tentative Tract No 10087 - Casa Grande Condominium Conversion.. The Planning Director reported that the applicant submitted a request for withdrawal of the application in order to more fully evaluate the application of the City's conversion ordinance on his development Staff recommended approval of the request It was moved by Commissioner Partin seconded by Commissioner Mullen and unanimously carried to approve the request for with- drawal of the application for the Casa Grande Condominium Conversion 2. Design Review - Tract 9964 - Robert Warmington Company The Planning Director presented the plot plans, elevations and a report dated December 28 describing a ten -unit single-family subdivision located at the southwest corner of Cerritos Avenue and Holder Street. He described the minor front setback encroachments on Lots #3 and 8 and the minor side yard setback encroachments on Lots #4 and 7 The side yard encroachments involve only a corner of the dwellings and the front yard encroachments can be provided through the adjustment provisions of the Zoning Ordinance Staff recommended approval of the plot plans and elevations. It was moved by Commissioner Adler, seconded by Commissioner Fried- mann and unanimously carried to approve Design Review for Tract #9964 Planning Commission Minutes January 5 1978 3 Sign Review - Cypress Village Shopping Center. The Planning Director presented a memorandum dated December 28 and transmitted sign criteria which was prepared by the developer of the commercial center located at the southwest corner of Orange Avenue and Valley View The criteria indicated the signing will be similar to that at the Albertson's/Mervyn's shopping center and it set forth the style design and placement for the individual tenant signs The criteria indicated the signs will be attached to the wood facade of the building and that freestanding signs will not be permitted The Planning Director indicated requests for freestanding signs could be considered by the Commission if they are submitted at a future date The Planning Director stated that approval of the criteria by the Commission will enable the staff to approve individual sign requests when submitted to the Building Department if the signing conforms with the criteria Mr Jerome Reynolds, 2507 Lighthouse Lane, Corona del Mar, the applicant presented a rendering of the proposed signing and reported the signing will consist of individual letters attached to the facia of the building which will be cedar wood The Assis- tant Planner presented slides showing the building under construction and the parapet to which signs will be affixed and slides of the Albertson's center signing for comparison Commissioner Friedmann recommended that A -frame signs be included in the list of those not permitted Mr Reynolds stated they would not allow A -frame signs Commissioner Adler inquired about the recommendation in the criteria that a certain sign company be used Mr. Reynolds indicated the company was selected based on the quality, promptness and competitive prices of their signs but it is not mandatory that tenants use this sign company Commissioner Partin asked if anyone in the audience wished to speak on this matter No one wished to speak It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to approve the sign criteria as presented and include the provision that A -frame signs shall not be permitted Commissioner Partin advised Mr Jim Christensen that Administrative Item #2 had been approved by the Commission Mr Christensen apologized for being late and thanked the Commission for their consideration 4 Report on Alleged Sign Violation - PaPa Joe's Delicatessen, 5940 Cerritos Avenue. The Assistant Planner presented slides of the signing at Papa Joe's Delicatessen at the southwest corner of Cerritos and Valley View Street and reported the words Papa Joe's and Delicatessen are wood letters attached to the building and the remainder of the sign is painted on the building He presented slides showing the signing in March 1977 which was the same as the existing signing The Zoning Inspector reported that only the freestanding sign copy has been changed since March. She reported the store is permitted a painted sign by the Zoning Ordinance which does not exceed 10% of the building wall and is subject to Commission approval She reported the sign is oversized and did not receive Commission approval under Design Review The Planning Director reported that since the signing at Papa Joe's was installed after the adoption of the new Zoning Ordinance their signing is actually in violation He recommended that staff direct a letter to the business advising them of the illegality of the signing and re- -2- Planning Commission Minutes January 5 1978 questing removal. The Planning Director reported that staff recently completed the inventory of non -conforming signs which will be presented to the City Council He indicated that no action has been taken regarding amortization of non -conforming signs throughout the City since staff recommended a uniform enforce- ment program. He felt the program will begin in late February or early March Hearing no objections, Commissioner Partin ordered the item re- ceived and filed Mr James Duncan, 9787 Rome Street, Cypress, stated the Papa Joe's sign appears to be in good condition and he felt the business must rely on this signing to attract business from the traffic flow. He felt the painted on sign was preferable to the pole sign or a blank wall He suggested that the Commission consider signs that bring in business and do not drive business out of the City ORAL COMMUNICATIONS Commissioner Partin asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak RECESS: Commissioner Partin called a recess at 7 45 p m The meeting was called back to order at 7.53 p m with Chairman Van Allen absent PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-26 - ROBERT WALL Commissioner Partin announced that this was the time and place for the public hearing to consider a request to establish a professional office and medical building at 5252 Orange Avenue, Cypress, in the OP -10,000 Office and Professional Zone He opened the hearing and asked for the staff report The Assistant Planner summarized Staff Report #77-46 dated December 29 describing the application and he presented slides of the prop- erty Staff recommended approval subject to 18 conditions The Public Works Director described the slope and grade of the property Commissioner Adler noted that Condition #9 contained a duplication in Condition #4 and he suggested the elimination of one He inquired about the parking stall size. The Assistant Planner reported that a concrete bumper stop will not be used and vehicles will overhang the curb and setback area which will make sweeping easier and allow for more landscaping Mr Robert Wall, 20930 South Alameda Long Beach the applicant presented a rendering of the project and reported they spent considerable time in designing a plan that would be complementary to the Civic Center He stated extensive landscaping will be provided between each of the buildings and not only in the center of the project. Mr Wall reported there is a retaining wall between their property and the adjacent property which would preclude the free flow of traffic between the parking lots The Planning Director expressed concern over the narrowness of the walkway adjacent to the parking stalls along the south side of the building Mr Wall reported this is a planter area and not a walkway The Planning Director stated he had no objections Mr Wall reported that entrances to the building will be from the interior of the project Commissioner Friedmann inquired about the discrepancy in driveway widths for Orange and Grindlay The Public Works Director stated the driveway widths will be 30 feet -3- Planning Commission Minutes January 5, 1978 Commissioner Partin asked if anyone wished to speak in support or in opposition to the application No one wished to speak in favor or opposition Commissioners Mullen and Partin expressed support for the attractive plans and building arrangement and the fact that the applicant con- sidered the neighbors in placement of the buildings It was moved by Commissioner Mullen and seconded by Commissioner Adler to approve Conditional Use Permit #77-26 subject to the following conditions, including the change to Condition #9 1 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 2 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 3 Development of the property shall conform to the requirements of all existing building codes and shall conform to the provisions of Fire Zone II, Class B roofing material 4 All requirements of the Orange County Fire Marshal shall be satisfied with respect to the type and location of fire hydrants and fire extinguishers A fire hydrant will be required along Grindlay Street adjacent to the southerly property line with a flow rating of 2,500 GPM at 20 PSI 5 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 Commission 6 The California Energy Conservation Standards for non- residential buildings which become effective January, 1978 shall be applicable to the development of the subject property 7 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 Dis- trict No 3 Resolution No 303 Drainage fees shall be paid in accordance with the Master Plan of Drainage Ad- vance street light energy charges shall be paid 8 Drainage shall be solved to hhe satisfaction of the City Engineer A grading plan shall be submitted for approval The minimum flowline grade of 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 stand- ards 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 con- structed at the property line where the grade difference is greater than twelve inches (12") 9 Street lights shall be installed per City standards All secondary and primary utility services shall be underground -4- Planning Commission Minutes January 5 1978 10 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, in- cluding 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 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 11 Orange Avenue and Grindlay Street shall be dedicated and fully improved with curb, gutter, sidewalk, driveway, paving, etc , in accordance with the Master Plan of Streets and Highways The curb return at the intersection of Orange Avenue and Grindlay Street shall have a radius of thirty-five (35) feet 12 The quantity, 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 and Grindlay Street No landscaping will be allowed in the area of the curb returns, and the corner cut-off shall be dedicated to the City of Cypress for roadway purposes Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer 13. 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 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 No Parking zones exist and shall be maintained on Orange Avenue and Grindlay Street 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 subject to the approval of the City staff 15 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 or Grindlay Street 16 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 -5- Planning Commission Minutes January 5 1978 17 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 noise bafflers and/or deflectors on all mechanical equipment shall be constructed to the satisfaction of the City staff 18 Trash areas shall be designed to the satisfaction of the City staff and located in accordance with the approved plot plan The motion unanimously carried by the following roll call vote• AYES NOES: ABSENT• 4 COMMISSIONERS. Adler, Friedmann, Mullen & Partin 0 COMMISSIONERS• None 1 COMMISSIONERS Van Allen The Planning Director stated there is a 15 day appeal period. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 77-27 - WALTER SMITH Commissioner Partin announced that this was the time and place for the public hearing to consider a request to establish a self-service gasoline station at 5001 Cerritos Avenue, Cypress, in the CG -10,000 Commercial General Zone He opened the hearing and asked for the staff report The Assistant Planner summarized Staff Report #77-45 dated December 28 describing the application and he presented slides of the prop- erty which is located at the northeast corner of Cerritos Avenue and Moody Street Commissioner Mullen requested that Condition #17 be changed to require that all, and not only new, utility services shall be underground The Public Works Director stated he had no objection Mr Walter Smith, 1725 South Brookhurst Anaheim the applicant inquired about Conditions #2 regarding hours of operation Condi- tion #8 regarding street trees, and Condition #14 regarding the corner cut-off area Mr Smith indicated he would like hours of operation of 6 a m to 11 p m Commissioner Partin felt 11 p m was a late closing hour because of the residences on both sides of the property and light traffic The Planning Director stated the 11 p m closing would allow the station to take advantage of traffic leaving the race track Commissioner Mullen favored the 11 p m closing time With regard to Conditions #8 and 14 Mr Smith indicated he was concerned that the placement of street trees may block his price sign which he proposed to place between the driveways He stated the price sign is the only means of adver- tising He stated he was also concerned about his liability because of trees blocking the view for vehicles The Planning Director advised that street trees are in the public right-of-way and the applicant would not be liable He suggested that the applicant work with staff to select a type of tree that will not detract from the business Commissioner Partin asked if anyone wished to speak in support or in opposition to the application No one wished to speak Commissioner Partin asked if the applicant intended to use the existing pump islands under the canopy Mr Smith indicated he would use the existing facilities Commissioner Partin asked if the applicant was aware that a median island is proposed to be installed in the future in Cerritos Avenue which would limit access to the subject property The Public Works Director recommended that a condition be added to indicate that the City is not committed to maintain a left -turn access to the property from Cerritos Avenue Mr Smith stated such a condition would be acceptable and he stated his business should be established by the time the median is in- -6- Planning Commission Minutes January 5, 1978 stalled The Planning Director recommended that the condition state: future street improvements will require the installation of a median island in Cerritos Avenue and the City is under no obligation to provide a break in the proposed median in order to facilitate access to the subject property from Cerritos Avenue It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #77-27 subject to the following conditions, which include changes to Conditions #2 and #17 and the addition of Condition #21. 1 All parking spaces shall be nine feet by twenty feet (9' by 20') in size 2 The hours of operation shall be from 6.00 a m to 11:00 p m and are subject to modification, at any future time, by the Planning Commission to insure compatibility with existing developments in the immediate vicinity 3 A landscape and irrigation plan shall be reviewed and approved by the Planning Commission 4 A certificate of occupancy shall not be issued for this develop- ment until all landscaping and irrigation is completed in accordance with plans and specifications as approved by the Planning Commission 5 Electrical and plumbing equipment shall be certified by a qualified contractor as to conformance with City codes prior to a certificate of occupancy being issued 6 Gasoline pumps and storage tanks must be approved by the Orange County Fire Marshal's office 7 The existing structure shall be refurbished to meet Building Electrical and Plumbing Codes where applicable 8 Street trees (15 gallon) and treewells spaced forty feet (40') on center shall be installed along Moody Street and Cerritos Avenue 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 9 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 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 10 A continuous concrete curb, six inches (6") in height, shall be constructed at a minimum distance of five feet (5') from the base of the existing block wall along the north and east property lines Planting shall be installed in the area between the block wall and the curb, subject to approval of the Planning Commission 11 Any on-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 12 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 13 A handicap wheelchair ramp shall be installed at the northeast corner of Cerritos Avenue and Moody Street, per City of Cypress Standard No 109 -7- Planning Commission Minutes January 5 1978 14 The corner cutoff at the northeast corner of Cerritos Avenue and Moody Street shall be dedicated to the City of Cypress for sight distance purposes No landscaping shall be in- stalled in the cutoff area which has a mature height greater than two feet (2') No structures shall be allowed in the cutoff area Developer shall maintain all landscaping and irrigation within the cutoff area 15 The driveway at the northwest corner of the development shall be redesigned to the satisfaction of the Traffic Engineer to provide adequate sight distance between vehicles exiting this parcel and pedestrians southbound on the side- walk 16 Drainage shall be solved to the satisfaction of the City Engineer 17 Utility services shall be underground 18 The developer shall conform to all applicable provisions of the City Code 19 Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution No 1713 20 All freestanding and wall signing for this project shall be reviewed and approved by the Planning Commission prior to its installation 21 Future street improvements will require the installation of a median island in Cerritos Avenue and the City is under, no obligation to provide a break in the proposed median in order to facilitate access to the subject prop- erty from Cerritos Avenue The motion unanimously carried by the following roll call vote: AYES. NOES• ABSENT 4 COMMISSIONERS. Adler, Friedmann, Mullen & Partin 0 COMMISSIONERS• None 1 COMMISSIONERS• Van Allen PUBLIC HEARING RE: ZONE CHANGE NO. 77-5 - GENE NOLLE: Commissioner Partin announced that this was the time and place for the public hearing to consider a proposed amendment to the Zoning Ordinance to change the designation on a 62 acre parcel of land from the County designated 100-C1-10,000 Local Business Zone to the City CH -10 000 Commercial Heavy Zone This application is a pre- annexation zoning request for property located at the northwest corner of Lincoln Avenue and Sumner Place in the County Unincor- porated area He opened the hearing and asked for the staff report The Planning Director presented Staff Report #77-44 dated December 27 which described the application and slides of the subject prop- erty He reported that the applicant has installed slats in the chain link fence which provides better screening and is a vast improvement to the property He reported that if the applicant proposes any improvements to the property in the future a condi- tional use permit would be required and the Commission may impose whatever conditions it deems necessary to ensure the compatibility of the use with surrounding properties. He stated the proposed annexation of the property will be considered by the Local Agency Formation Commission on January 11. Commissioner Partin asked if the applicant wished to speak -8- Planning Commission Minutes Mr Gene Holle 8192 Redford plans in about two years are the property and establish a small office use He stated the neighbors January 5 1978 Lane, La Palma, reported his future to remove the existing facilities on commercial development such as a he has not experienced problems with Commissioner Partin asked if anyone one wished to speak in support He in opposition wished to speak in support No asked if anyone wished to speak Mrs LeGesse 8931 Sumner Place, Cypress, stated she lives imme- diately adjacent to the property and has contacted staff regarding her concerns about the use on the property She objected to the invasion of privacy caused by men working on the trucks and reported she is awakened early in the morning, the noise and vibration from the trucks, and the speed of trucks on Sumner which is dangerous for children on the street She presented a statement with 22 signatures of residents in the area who object to the operations and indicated she submitted the petition to City staff before Christmas The Planning Director indicated he was unaware that the petition was submitted He reported that if the property is annexed and placed in the CH -10,000 zone, the contractor's yard would be per- mitted to remain as a non -conforming use since it is not subject to a conditional use permit He advised Mrs LeGesse that LAFCO would consider the annexation on January 11 at 2 00 p m in the Santa Ana office The Planning Director reported that a contractor's yard is not permitted in the County C-1 zone but is permitted in the CH -10,000 Zone of the City He stated that in the event of future develop- ment of the property it would be more advantageous to annex to the City since the City can process plans quicker than the County and provides better police protection Mrs. LeGesse felt the reason the applicant requested annexation is because he is in violation of the County zoning ordinance She complained about the noise and dirt on the street and stated trucks arrive at 9 or 10 p m. and often she is unable to sleep The Planning Director stated the question before the Commission is to determine the appropriate zone classification for the property if it is annexed to the City He stated staff recommended the CH - 10,000 Zone which is applied to all other properties along Lincoln Avenue He suggested that Mrs. Legesse's objections be transmitted to LAFCO He stated if annexation is approved, her comments can then be transmitted to the City Council which makes the ultimate decision on annexation Commissioner Partin asked if anyone else wished to speak Mr James Duncan, 9787 Rome, Cypress, felt the neighborhood concerns should not be addressed until the property is annexed to the City Mr Holle stated he did not know the use presented problems for the neighbors He reported he owns three trucks and they leave about 6 a m and return about 5 p m He felt he was entitled to the same zoning as other properties fronting on Lincoln and he stated the property value will increase with that zoning -9- Planning Commission Minutes January 5 1978 It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to adopt a resolution recommending that the City Council adopt an ordinance approving the classification of the subject property in the CH -10,000 Commercial Heavy Zone The motion unani- mously carried by the following roll call vote AYES NOES: ABSENT• 4 COMMISSIONERS. Adler, Friedmann Mullen & Partin 0 COMMISSIONERS• None 1 COMMISSIONERS. Van Allen The Planning Director advised Mrs. LeGesse of the meeting date, time and place for LAFCO to consider the proposed annexation ORAL COMMUNICATIONS Commissioner Partin asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak ADJOURNMENT: Commissioner Partin adjourned the meeting at 9 25 p m ATTEST. CHAIRMAN OF THE PLANNING COMMISSION SECR ARY 0 THE PLANNING OMMISSION -10-