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Minutes 1978-01-19MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD January 19, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6 34 p m on Thursday,,,January 19, 1978 in the Cypress City Council Chambers 5275 Orange Avenue, Cypress, California, Chairman Robert Van Allen presiding PRESENT ABSENT Commissioners Adler, Friedmann, Mullen, Partin and Van Allen None Also present were Planning Director Brian Hawley Assistant Planner Don Lamm, Public Works Director Art Schatzeder, Zoning Inspector Sandy Spain, and City Attorney Elizabeth Strauss PLEDGE OF ALLEGIANCE Commissioner Mullen led the pledge to the flag. MINUTES It was moved by Commissioner Mullen seconded by Commissioner Adler and unanimously carried to approve the December 1, 1977 minutes It was moved by Commissioner Mullen seconded by Commissioner Partin and carried with Chairman Van Allen abstaining to approve the January 5 minutes as corrected Commissioner Mullen inquired about LAFCO's action at their January 11 hearing regarding Zone Change #77-5 for the northwest corner of Lincoln Avenue and Sumner Place The Planning Director reported that LAFCO unanimously approved annexation of the property to the City of Cypress without discussion and no residents of the imme- diate area were present at the hearing. ADMINISTRATIVE MATTERS 1 Review of Local Government Planning Survey The Planning Director transmitted an annual report outlining the status of the City's General Plan and the planning operations of the City from December 1976 to December 1977 in accordance with requirements of Section 64500 and other sections of the State Planning Act Staff reported that while all mandated elements of the General Plan have been completed they anticipated an update of the Land Use Element and Housing Element during 1978 The Planning Department processed the following items during December 1976 through December 1977 General Plan Amendments 6 Zoning Ordinance Amendments 1 Zone Changes 6 Conditional Use Permits 27 Variances 5 Tentative Tract Maps 7 Tentative Parcel Maps 7 Home Occupation Permits 112 Administrative Actions by Planning Commission 118 Following a review of the report, it was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to receive and file the report. Planning Commission Minutes January 19 1978 2. Request to Allow Trailer Repair Parts Sales and Fabrication at 4572 Lincoln Avenue The Assistant Planner presented a report dated January 11 which indicated Mr Bob Gilbert submitted a request to allow rental of one service bay for a trailer repair, fabrication and parts sales business Staff requested the Commission's determination on whether to allow the fabrication activity Mr Tim Wheeler 7871 Yorkshire, Stanton, reported on the type and location of the work he would be performing and equipment which would be used He reported he has a dealer's license and manu- facturer's license issued by the DMV and all trailer fabrication would be custom work He stated he specializes in boat trailer service and parts, and his primary function would be service and sales He stated he can install trailer hitches and perform gen- eral welding and he does not have the facilities or equipment to fabricate vacation trailers He reported work would be done in a rear bay of the building He reported the entire building meets two hour fire rating requirements He reported all manufacturing will be done indoors The Planning Director identified the surrounding land uses which are a nursery and tree storage area to the west, vacant land to the east, single-family homes to the south, and Forest Lawn across Lincoln to the north He reported the Fire Marshall may require a fire extinguisher for the area where this work will be done He reported that parking can be accommodated in the rear, unpaved area but, if the City determines that the use has become too intensive and requires more parking space the applicant can be required to provide more Commissioner Mullen stated he supported the proposed activities but he suggested that the matter be continued to allow staff to investigate whether additional conditions should be imposed Chairman Van Allen asked if any auto repair work would be con- ducted outside Mr Bob Gilbert, the applicant representing Lloyd's Auto Repair, stated outdoor repair work is not allowed by the use permit and he does not intend to do it He stated the use permit lists exten- sive conditions including a prohibition against repair work in front of the fenced area. He stated the area behind the fence will be paved, building department requirements have been satis- fied with regard to welding, and the building is ready for final inspection He stated plans have not yet been submitted for signing It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to determine that trailer repair, parts sales and fabrication are allowable activities at the subject location and request staff to return at the next meeting with rec- ommendations for any additional conditions which should be imposed for the specific request 3 Design Review, Cypress Plaza Shopping Center Addition The Planning Director presented the plot plans and elevations and a report dated January 12 describing a proposed 8,000 square foot addition to the shopping center at the northwest corner of Walker Street and Ball Road The addition will be attached to the existing building, will be single -story, and will match the design of the -2- 1 Planning Commission Minutes • January 19 1978 existing structures which are composed of stucco and glass with a slumpstone block veneer He indicated parking for the entire shopping center meets Zoning Ordinance requirements Staff re- ported there is only one vacancy in the center which occurred within the last 60 days The Planning Director reported holes in the parking lot were filled, slurry seal was applied on the main access off of Ball Road, and there appear to be no deficiencies in the parking lot, landscaping or caused by graffiti Commissioner Mullen recommended adding a condition to require that the block wall be maintained in good repair, that missing blocks be replaced, and that any graffiti be removed Mr E F Stean, part-owner of the center, stated they are trying to upgrade the center and make it more attractive and they feel the addition will accomplish this He stated there will be six units in the addition Commissioner Mullen inquired about the existence of handicapped wheelchair ramps Staff reported there are two in front of the Fazio's store and if more are required by the Building Code then the developer will be required to install them Staff also sug- gested that the applicant may wish to designate handicapped parking stalls near the new addition Chairman Van Allen asked if anyone wished to speak in regard to this matter No one wished to speak It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to approve Design Review for the Cypress Plaza addition, subject to the following conditions 1 Development shall conform to the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission 2 All provisions of the Uniform Building, Plumbing and Elec- trical Codes shall be complied with and all construction shall conform with the requirements of Fire Zone II as specified by the Building Superintendent 3 Plans for the proposed signing program identifying indi- vidual tenants of the addition shall be submitted for review and approval by the Planning Commission No additional freestanding signs shall be permitted as a result of this addition 4 Handicapped parking spaces and ramps to facilitate access by the handicapped shall be provided near the southeasterly corner of the proposed addition 5. Any repair of existing perimeter walls or the removal of any graffiti on the perimeter walls shall be made prior to the issuance of a Certificate of Occupancy for the proposed addition Chairman Van Allen continued Administrative Items #4 and #5 relating to the Ball/Moody shopping center until later because 161.11 of the absence of the applicant Chairman Van Allen welcomed former Commissioner Bert Greenwood 4 Sign Review, Real Estate Shoppe The Assistant Planner presented a report dated January 12 and the plans for the modification of the existing sign at the Real Estate Shoppe at 9739 Walker Street He presented a slide of the -3- Planning Commission Minutes January 19 1978 existing nine foot high sign and reported•it will be removed and replaced by a 30 square foot internally illuminated sign placed on top of the existing cross bar The sign height will be 12 feet The Commission questioned the need for the cross bar and staff indicated that it may be removed if it is found unnecessary for the structural integrity of the sign It was moved by Commissioner Friedmann, seconded by Commissioner Adler and unanimously carried to approve the sign plans subject to the condition that the four -foot -high cross bar shall be removed unless it is required for the structural integrity of the sign Chairman Van Allen opened the following public hearings and con- tinued them until after Administrative Matters PUBLIC HEARING RE GENERAL PLAN AMENDMENT NO 78-1 CALVIN J MEEKHOF PUBLIC HEARING RE CONDITIONAL USE PERMIT NO 78-1 M E B INVESTMENTS 5 Sign and Landscape Plan Review, Conditional Use Permit No 77-27 The Planning Director presented the signing and landscape and irrigation plans and a report dated January 12 describing the landscaping and signing for the reactivated service station at the northeast corner of Cerritos and Moody The applicant proposed an 18 -foot -high 68 -square -foot sign to be placed in the planter area at the street intersection With regard to the landscaping program staff recommended that the applicant substitute Silver Dollar Eucalyptus for the Italian Cypress in the planter areas adjacent to the residential areas to provide a better screening, and substitute Sideroxylon Rosea for the Arctic Silver Pine Bush as the street tree Staff recommended that the applicant resubmit more detailed irrigation plans showing the size of lines and con- trol mechanism to be used Mr Walter Smith, 1725 S Brookhurst, Anaheim the applicant, asked if the growth of the Eucalyptus trees would cause problems for the neighbors The Planning Director stated staff did not anticipate problems since the tree would conform to constraints of the growing area He stated it is a low -maintenance tree He stated because of the size of the tree, they can be placed at 30 feet on center rather than 15 feet The Public Works Director answered questions regarding the size of the treewells Mr Smith stated staff's recommendations for the trees were acceptable The Planning Director stated the Arctic Silver Pine Bush would be acceptable in the planter areas Chairman Van Allen 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 Partin and unanimously carried to approve the sign plans and the landscape and irrigation plans subject to the following conditions Signing 1 The design, location and construction of the sign shall be in conformance with the plans and elevations submitted with this request 2. All appropriate building and electrical permits shall be obtained and construction shall conform to the specifica- tions of the Building Superintendent -4- Planning Commission Minutes January 19, 1978 Landscaping 1 Eucalyptus polyanthemos (Silver Dollar Eucalyptus) shall be installed in the landscaped areas along the northerly and easterly boundaries of the subject property Such trees shall be minimum 15 gallon in size and shall be planted at a minimum 30 feet on center 2 Minimum 15 gallon size Eucalyptus sideroxylon rosea (pink iron bark) shall be planted in enlarged treewells, one along Cerritos Avenue and one along Moody Street to the specifications of the Public Works Director 3. A plan indicating the size and type of irrigation system shall be submitted for review and approval by the Planning Director RECESS Chairman Van Allen called a recess at 7 40 p m The meeting was called back to order at 7 47 p m with all Commis- sioners present ORAL COMMUNICATIONS Chairman Van Allen asked if anyone wished to speak in regard to any matter not on the agenda. There was no one wishing to speak PUBLIC HEARING RE. GENERAL PLAN AMENDMENT NO 78-1 - CALVIN J MEEKHOF Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposed amendment to the Land Use Element of the General Plan to change the designation of a 1 4 acre parcel of land located at 9731 Walker Street from its current designation of Retail and General Commercial to a classification which would provide for a mixture of Retail and General Commercial and low-density Residential He opened the hearing and asked for the staff report The Planning Director summarized Staff Report #78-1 dated January 12 which described the application The property owner submitted two concepts for subdivision and use of the property Staff presented slides of the property and identified it on a map Chairman Van Allen asked if the applicant wished to speak Mr Calvin Meekhof, 5438 Hanover Drive Cypress, stated they would like to keep the egg store since it is convenient for drive- through business He reported the chiropractor recently improved the interior of the building and hopes to do exterior improvements He stated they value the commercial use on the property and feel their proposal is the most economically viable for them. He stated he hopes to build one of the homes as his own residence Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application No one wished to speak. It was moved by Commissioner Mullen and seconded by Commissioner Partin to adopt a resolution recommending approval by the City Council of General Plan Amendment #78-1 in accordance with Concept "B" as submitted by the applicant The motion unanimously carried by the following roll call vote AYES 5 COMMISSIONERS Adler, Friedmann, Mullen, Partin & Van Allen NOES 0 COMMISSIONERS None ABSENT 0 COMMISSIONERS None Chairman Van Allen closed the public hearing. PUBLIC HEARING RE CONDITIONAL USE PERMIT NO 78-1 - M E B INVEST- MENTS Chairman Van Allen announced that this was the time and place for the public hearing to consider an application for a -5- Planning Commission Minutes January 19 1978 conditional use permit to establish, operate and maintain a restaurant with sales of alcoholic beverages to be located at 4320 Lincoln Avenue in the CH -10,000 Commercial Heavy Zone He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-2 dated January 13 which described the application He presented slides of the property and renderings of the two-story restaurant He reported the Traffic Commission reviewed the plans and recommended that the building be moved northerly to provide more stacking room and a better traffic distribution in the westerly driveway area He stated relocation of the building would require relocation of the easement which was granted to Lincoln Plaza Shopping Center In response to questions from Commissioner Friedmann, staff reported that the total gross square footage of the restaurant is about 6000 square feet and the only solution to the parking problem in the center would be to reduce the size of the building Chairman Van Allen asked if the applicant wished to speak Mr Doug Powery, 3723 Birch, Newport Beach, representing the appli- cant, reported 11 parking spaces will be added to the shopping center parking lot by closing one of the accessways on Lincoln He noted that out of the 5400 square foot restaurant, 1260 square feet is kitchen space He questioned Condition #9 and felt CC&R's were redundant since they have recorded easements and reciprocal agreements for use and maintenance of the driveway. Mr Powery agreed to provide verification of the reciprocal agreements that were recorded between MEB and the shopping center owner, Mr Rossman The Planning Director suggested that six parking spaces could be gained by making the parking stalls 90 degrees and either closing the southerly driveway or making it one lane in the parking lot south of the restaurant Mr Mike Brown representing MEB, stated they have a restaurant operator with ten years experience who will be under contract for them He stated they would like the restaurant open seven days a week until about 11 p m. during the week and until 1 or 2 a m on weekends He stated they will have a brunch menu for weekends He stated if it is uneconomical, they will change the hours Chairman Van Allen asked if anyone wished to speak in support No one wished to speak in support He asked for those in opposition Mr Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the appli- cation is a radical change to what was originally proposed when the property was rezoned He opposed the bar and favored beer and wine sales only and he felt the second floor bar would create noise disturbance to the mobile home residents Mr Bob Polido, operator of the Hide Away, 5201 Lincoln Avenue, stated the Hide Away is a bona fide eating establishment and they are required to have a food license as well as a bar license. He felt another restaurant so close would put them out of business He reported several tenants of the center held a meeting regarding the parking problem which is especially severe at certain times such as when the Hide Away has special parties or when Victor's Flowers remains open after 8 p m on holidays and special occasions He reported the Hide Away, liquore store, pizza parlor and Victor's often operate after 8 p.m. and the lot becomes jammed Mr Joe Hardcastle stated that parking along Lincoln Avenue is dangerous Mr Mike Brown stated Lincoln Avenue is a valid parking area He stated they are not trying to compete with the Hide Away and feel the only comparable restaurant in the City is the Plankhouse He -6- Planning Commission Minutes January 19 1978 stated they spoke with most of the tenants in the center regarding their plans and they support the project and feel the restaurant will compliment their business He stated they discussed with Mr Rossman their plans to add eleven parking stalls The Planning Director responded to several comments made by the speakers He stated the Hide Away could apply for elimination of the food license requirement as a modification to the use permit He stated the original development plans called for a 52 unit motel and they were modified in 1973 to provide for a 4,000 square foot restaurant He stated the plans appear to indicate there will be no windows or openings on the second floor on the south or west sides of the building He reported the restaurant will be set back about 40 feet from the west property line and the mobile homes are set back 10 feet from the property line making the separation 50 feet Commissioner Mullen did not support the recommendation of the Traffic Commission to relocate the building northerly and felt this would hamper access to the shopping center and block tenants' visibility He felt parking concerns for the entire center should have been addressed with the original plans and the problems re- sulted from the changed plans and phasing of development He stated he supported the use and felt the restaurant would create competition and increase trade in the center He felt a restric- tion on hours was undesirable but the Commission should have continual jurisdiction over the hours of operation Mr. Powery stated they would agree to have no windows or openings on the second floor on the south and west sides of the building He stated the family atmosphere of the restaurant is the dominant aspect not the bar. He stated they do not plan entertainment at this time Commissioner Friedmann stated her husband performs work for Mr Polido and she requested counsel from the City Attorney. The City Attorney indicated she could abstain if she felt uncomfort- able or prejudiced The Commission discussed the parking situation and the Planning Director reported the parking requirement for the center and restaurant is 106 stalls and 78 can be provided Commissioner Partin inquired how many spaces are needed by the restaurant and the Planning Director stated that, based on usable floor space and excluding the second floor open areas and kitchen, 35 or 40 spaces would be required The Planning Director noted that parking requirements were previously based on useable floor area Mr Powery stated there were 3600 square feet excluding the areas mentioned Commissioner Partin felt the restaurant with revisions to the parking lot satisfies the parking requirement and should not be burdened by the deficient parking in the shopping center The Planning Director stated parking for the entire center was lessened as a result of the elimination of the motel Mr Mike Brown stated Mr Rossman signed the agreement since he felt their project would benefit his. He stated the beauty shop, safe company and real estate office are day -time uses, the liquor store and pizza parlor have carry -out business, Victor's typical hours are not competitive with theirs, and the only other demand on parking is the Hide Away He stated they will provide the parking spaces needed and remove the center access which is un- desirable to the State and City traffic officials Mr Brown reported they plan a Mexican restaurant and construction will consist of rough stucco with exposed brick and tile inlay a Mexican tile entry and cocktail seating in the bar which will act as the holding area for the restaurant He stated the plans show a removable stage but they will not open with entertainment and they are uncertain about entertainment in the future He -7- Planning Commission Minutes January 19 1978 indicated the emphasis is on a family style restaurant. He agreed to 90 degree parking in the southerly lot and stated most cities base the parking requirement on net area Mr Joe Hardcastle stated persons do not like to use rear parking lots because of the possibility of vandalism He felt the rest- aurant patrons will park in front and reduce parking for the center He stated liquor is not necessary for a business' success He suggested moving the restaurant southerly to provide parking in front and better visibility to the other tenants Mr Polido stated no one in the center he spoke with favors the restaurant because of the parking problem and none were notified of this hearing. He stated four of the tenants are open past 6 00 or 8 00 p m which is dinner time It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #78-1 subject to the 15 conditions recommended by staff with the change to Condition #15 that the hours of operation shall be continually subject to Commission review the addition of Condition #16 to require sound attenuation measures to the building, the deletion of Condition #9 and addition of a requirement for evidence of reciprocal parking and access agreements and the addition to Condition #12 to state the parking arrangement as depicted on the plot plan shall be revised to maximize the provision of off-street parking spaces for the entire project The Planning Director stated two more parking stalls can be gained on the east side of the restaurant by providing 90 degree stalls Commissioner Friedmann she was concerned about the parking and felt it was bad business for patrons to be unable to find parking because they usually will not return She stated she would vote in opposition The conditions were as follows 1 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 A cash bond shall be posted for future street trees and treewells shall be installed according to City standards 2 Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval 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 maximum lot depth of 100 feet shall be allowed to drain onto Lincoln Avenue If drainage is directed to Lincoln Avenue, drainage culverts shall be con- structed underneath sidewalks to convey all on-site runoff water to the street Drainage easements shall be granted if drainage schemes of adjacent lots are modified 3 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 fur- nished 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 -8 - Planning Commission Minutes January 19, 1978 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 A landscape and irrigation plan shall be submitted for review and approval by the Planning Commission prior to its installation 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 4 All secondary and primary utility services shall be underground 5 The existing sewer line running north to south on the lot shall be relocated or reconstructed to the satisfaction of the City Engineer 6 A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue, including proposed driveway closure All existing public improvements at the development site which are damaged cracked or otherwise below stan and shall be removed and replaced to the satisfaction of the City Engineer 7 An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer 8 The trash area proposed on Lot No 12 shall contain an adequate number of trash bins to service the proposed restaurant and the existing businesses located within the Lincoln Plaza Shopping Center 9 Copies of recorded easements and other documentation guaranteeing reciprocal access rights between the Lincoln Plaza Shopping Center and the subject property and insuring maintenance of the access ways between the two properties shall be presented to the City for review and approval by the City staff 10 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 construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the City staff All on-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 11 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 12 Parking lot circulation shall be subject to the approval of the City Engineer The parking layout for the entire center shall be redesigned subject to the approval of City staff in order to maximize the provision of off-street parking spaces for the entire development 13 All future wall and freestanding signing is subject to Planning Commission review and approval prior to their installation 14 The applicants shall comply with all regulations established by the State of California Alcoholic Beverage Control 15 The restaurant shall be operated in a manner not to disturb adjoining residential development The hours of operation shall be continually subject to Planning Commission review and approval 16 Sound attenuation shall be provided to the specifications of a certified acoustical engineer in order to insure compliance of the operation of the restaurant with the requirements of the City's Noise Ordinance A copy of the report and recommendations of the acoustical engineer shall be transmitted to the City Building Official -9- Planning Commission Minutes January 19, 1978 The motion carried by the following roll call vote AYES 4 CObMMISSIONERS Adler, Mullen Partin & Van Allen NOES 1 COI1MISSIONERS Friedmann ABSENT 0 COMMI SS I ONERS None The Planning Director stated there was a 15 clay appeal period Chairman Van Allen closed the public hearing Hearing no objections Chairman Van Allen continued Administrative Items #4 Zoning Violation Moody and Ball Shopping Center, and Item #5, Sign Review, Moody and Ball Shopping Center, to the next meeting The Planning Director reported a hearing will be scheduled for the next meeting on the proposed zoning for the Walker Street Study Area and for the following meeting staff will present the proposed Zoning Ordinance text revisions He reported that a subdivision map was filed for the 50 acres at the northeast corner of Valley View and Katella and will be considered at the next meeting He also reported that the developer of the industrial project at Walker and Cerritos is planning a groundbreaking ceremony in the near future ADJOURNMENT Chairman Van Allen adjourned the meeting at 9 40 p m CHAIRMAN OF THE PLANNING COMMISSION ATTEST -10-