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Minutes 1978-03-02MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD March 2, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6.38 p m on Thursday, March 2 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 Brian Hawley, Planning Director, Don Lamm Assistant Planner, Art Schatzeder, Public Works Director, Sandy Spain, Zoning Inspector, and Rob Bower Deputy City Attorney. PLEDGE OF ALLEGIANCE. Chairman Van Allen led the pledge to the flag MINUTES Chairman Van Allen stated the minutes would be continued until later. At the Planning Director's request, Chairman Van Allen added an item to the agenda regarding a Review of the Home Occupation Permit Report dated February 10 The Zoning Inspector presented a report outlining the name, address and type of business for home occupation permits issued during the period July 1 through December 31, 1977 Following a review of the report it was moved by Commissioner Friedmann, seconded by Commissioner Partin and unanimously carried to receive and file the report, excluding consideration of Home Occupation Permit #77-84 (Wilfred & Charleen Wiersma). The Commission held discussion regarding the language of the proposed Zoning Ordinance revision relating to permitted uses in the RS -15 000 Zone which was approved at the last meeting and is scheduled for a public hearing on March 16 Commissioner Partin felt the change should be written so that the sale of hay or other agricultural products raised on the premises is limited to certain areas where this is necessitated or where it will be a benefit Chairman Van Allen felt the language should be written to provide everyone with a clear understanding and distinction between home occupations and commercial operations in order to prevent submittal of applications in the RS -15,000 Zone for commercial operations under the guise of home occupations ADMINISTRATIVE MATTERS• 1 Revised Tract Map No 9849, 6101 Orange Avenue, Dr Robert Nevin The Planning Director presented Staff Report #78-9 dated February 23 and the revised subdivision map for a 72 -acre parcel of land located at 6101 Orange Avenue Tentative Tract Map #9849 was approved by the Commission on April 21, 1977 for a 14 unit condo- minium project The property owner has determined that the units will be sold as an air -space condominium project and now proposes a one -lot subdivision Staff recommended approval subject to the same conditions applicable to the original subdivision map. Planning Commission Minutes March 2, 1978 It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve Revised Tract Map #9849 subject to the following conditions. 1 All conditions of approval of Conditional Use Permit #77-5 shall be a part of the approval of Revised Tentative Tract Map No 9849 2 All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied 3. Final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution #1713 2 Design Review - Commercial Use at 5242 Lincoln Avenue The Planning Director reported that the property owner was re- modeling the dwelling at 5242 Lincoln Avenue, at the southeast corner of Lincoln and Grindlay, into a contractor's office and the modification will change a non -conforming use into a conforming use and remove an eyesore He reported the owner anticipates acquiring the property to the east which would allow for expansion of the business He reported three parking spaces would be re- quired for the use and there is room for four or five spaces on the property Staff recommended approval of the plans subject to the condition that no outdoor storage of materials or equipment will be allowed. Mr John Foster, representing Pacific Western Builders, 1110 Los Alamitos Boulevard, Los Alamitos, stated the building will be a sales administration office for the construction company He reported there will be no storage area since materials are delivered to the job site He reported they will re -stucco the dwelling and garage, install new doors and windows, place trim around the windows re -roof the structure and fence the front area He reported they plan to pave the rear portion of the property It was moved by Commissioner Partin, seconded by Commissioner Friedmann and unanimously carried to receive and file the matter. 3 Wall Signing for Lloyd's Auto Repair, 4572 Lincoln Avenue The Assistant Planner presented a report dated February 24 des- cribing the signing program for Lloyd's Auto Repair He reported the sign for the north elevation is 45 square feet and the sign on the west elevation is 69 square feet The signs will be unlighted and consist of individual raised letters Mr. Bob Gilbert 4692 Sharon, La Palma, stated the sign for the trailer repair use is at the rear of the building since they have no access in front of the building. He reported they hope to have a freestanding sign when they can afford one It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve the wall signing for Lloyd's Auto Repair The Planning Director stated he would check if an occupancy permit was granted for the operation 4 Annual SB 821 Funding - Bicycle Trails The Planning Director presented a report dated February 23 indi- cating that staff recommended the use of SB 821 funds, amounting to $25 000, for the Cerritos Avenue Bikeway from Knott Street to Bloomfield Avenue with connectors along Bloomfield Denni and Walker Street between Cerritos Avenue and Ball Road on Holder Street from Cerritos south to the Railroad, and on Knott Street from Cerritos to the south City limits This project will link the proposed bikeway to the Ball Road Bikeway -2- Planning Commission Minutes March 2, 1978 Commissioner Mullen pointed out that with the closing of Landell School, elementary age children living south of Orange Avenue will have to walk along Denni Street to Arnold School He felt com- pletion of the trail on the west side of the Texaco tank farm was urgent for pedestrians' safety and he inquired about obtaining the right-of-way The Planning Director reported that the City offered to install public improvements on Orange and Denni in exchange for easements but the property owner would not agree The Public Works Director stated the property owner would probably prefer to sell the right- of-way and he estimated this would cost the City about $100,000 Commissioner Mullen requested that staff direct a letter to the property owner advising him of the closing of Landell School and the need for a safe route for pedestrians along his property, and appeal for his cooperation in permitting a temporary walkway because of the dangerous situation which exists for children It was moved by Chairman Van Allen, seconded by Commissioner Adler and unanimously carried to determine that the proposed bikeway extensions referred to as the Cerritos Avenue Bikeway is in conformance with the adopted Master Plan of Trails and adopt a resolution recommending approval by the City Council for use of SB 821 funding for the establishment of the Cerritos Avenue Bikeway Commissioner Friedmann requested that staff investigate the re - striping of the bike lane on the north side of Orange Avenue between Moody Street and Denni Street She reported that after the excavation work on Orange Avenue the lane was not restriped The Commissioners discussed the legality of riding bicycles on the sidewalk and the Planning Director stated he would obtain the appropriate information from the Police Chief and transmit it to the Commission ORAL COMMUNICATIONS• Chairman Van Allen asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak RECESS: Chairman Van Allen called a recess at 7.43 p m The meeting was called back to order at 7 53 p m with all Commissioners present Chairman Van Allen again asked for Oral Communications No one wished to speak PUBLIC HEARING RE. ZONE CHANGE NO 78-5 - THE JOHN D LUSK COMPANY. Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to change the zone of approximately 70 acres of land situated on the northerly side of Katella Avenue westerly of Knott Street from its current classi- fication of MP -40,000 Industrial Park Zone to a Planned Community Zone for the establishment of industrial and commercial uses He opened the hearing and asked for the staff's report. The Planning Director read Staff Report #78-7 dated February 21 describing the proposed zone change and presented the subdivision map He reported that the proposed zone change incorporates a separate zoning ordinance including standards of development and performance for the zone as it is applied solely to the subject property He reported the ordinance was drafted after discussions with Lusk representatives and follows the same approach used in the Irvine and Garden Grove industrial park ordinances. The Plan- ning Director stated the PC zone designation will apply only to the Lusk property but ultimately the majority of other properties currently zoned MP 40 000 will be placed in a similar PC classifi- cation He stated the PC Zone must be accompanied by a specific -3- Planning Commission Minutes March 2, 1978 ordinance and a 25 acre minimum is required for the zone The Planning Director reviewed significant changes in the proposed ordinance from the current Zoning Ordinance requirements and pro- visions. These included. a greater range of permitted commercial uses in the PC Zone a deviation in setback requirements which would allow, for example, an extension of parking areas into re- quired setback areas providing that there is a minimum landscaped setback, and additional setbacks for exceedingly large buildings, an increase in the current restriction for building height from 35 to 50 feet, a change in the off-street parking schedule for industrial buildings, more restrictive trucking and loading require- ments in the PC Zone a provision for "ground" (monument -type) signs and prohibition of freestanding signs for industrial uses, and a provision to allow wall construction up to eight feet in height. He stated the Performance standards in the PC Zone are identical to the current Zoning Ordinance He reported the PC Zone requires design review of development plans prior to the issuance of building permits Commissioner Mullen felt the 20 foot front setback requirement for buildings on Knott, Katella and Valley View may be inadquate. He stated he would prefer another standard for employee parking He questioned the method of determining the area of a wall sign and felt it may hamper creativity in the design. The Planning Director stated the method for calculating the sign area is the same as in the current Zoning Ordinance which, through the adjust- ment section, would allow for deviations, within certain limits, under design review Commissioner Mullen felt the lighting require- ments for nighttime operations were unrealistic He suggested that the Performance Standards Section 9 I regarding Conformance Testing include a statement that the findings of the Planning Director are subject to appeal without cost, to the Planning Commission Chairman Van Allen recommended that Section 7 J 2 regarding off-street parking requirements include a statement that the re- quirements will be applicable to uses subject to a conditional use permit (Section 3) and will be determined in conjunction with the conditional use permit He also recommended that in Section 7 J 2 (c) after "one (1) space for each 4,000 square feet of floor area of the building' the words "in excess of 40 000 square feet" be added Chairman Van Allen suggested that nighttime operations" in Section 8 B. 1 should be more clearly defined He inquired about certain Performance Standards and the Planning Director stated B, C, F and H are state standards Commissioner Adler stated that several of the permitted uses may be more appropriately located adjacent to residential uses and he asked if this could be practically accomplished The Planning Director indicated there could be potential adverse reactions to any industrial uses being located adjacent to a residential zone and the purpose of performance standards is to achieve compatibility. The Attorney stated the uses will be subject to review of develop- ment plans and such concerns can be addressed at that time Com- missioner Adler stated several uses may involve flammable materials in their operation and he asked how these would be treated The Planning Director indicated the applicant may wish to respond to the Commission's comments Mr John Alstrom, Director of Industrial Properties for the Lusk Company stated they have spent considerable time with staff in working on the PC Zone and the proposed ordinance incorporates provisions of the Irvine, Garden Grove and Huntington Beach ord- inances. He stated the intent of the parking requirements is to discourage on -street parking and they have found the standard to be adequate in the past He gave an example of an assembly opera- -4- Planning Commission Minutes March 2, 1978 tion in a 10,000 square foot building which may employ up to 50 people on one shift and stated more parking would be provided with the 2 spaces per 3 employees requirement than if it was based on the building area He stated the parking requirements for a 20,000 square foot building would be 40 spaces and this would accommodate a change of use in the future He reported that if an industry uses flammable materials they will be required to provide fire rated rooms and the storage of corrosives will be required underground He stated this is designed to prevent parking by a tanker on the property for any period of time Mr Alstrom stated the 50 foot limitation on building height was designed primarily to accommodate the Yamaha building which is proposed to be four stories in height. Mr. Alstrom reported that in conjunction with CC&Rs which will be recorded for the property a community association will be formed which will be responsible for architectural review of plans prior to their submittal to the City He indicated that large companies favor industrial parks with restrictive CC&Rs to ensure quality development He reported Yamaha is interested in serving on the architectural review committee to protect their investment and promote the area He reported Yamaha has approved the regulations of the PC Zone and it was a contingency of their escrow Mr Alstrom indicated the intent of the lighting requirements is to ensure the safety of operations and the employees and security of the buildings Chair- man Van Allen noted the need for adequate lighting during bad weather and felt the requirement should not only apply to night- time operations The Planning Director recommended that "on sites where nighttime operations are anticipated be deleted from Section 8 B. 1 Commissioner Mullen stated the 20 foot front setback requirement for buildings along Knott, Katella and Cerritos appeared inadequate Mr. Alstrom stated this requirement would also apply to Holder Street He felt a greater setback for the half acre parcels on the west side of Holder would limit the buildable square footage and be too restrictive. He stated buildings fronting Katella and Knott will have a minimum setback of 30 to 35 feet He reported Lusk anticipates building the multi -tenant area with the design to include 20 to 25 feet of landscaping adjacent to Katella then the parking area and building for a total setback of about 50 feet from Katella Chairman Van Allen asked if anyone wished to speak in support or in opposition to Zone Change #78-5 No one wished to speak in favor or opposition It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Zone Change #78-5 subject to the changes recommended by the Commission to Section 8 B 1 regarding lighting requirements, Section 9 I regarding conformance testing; Section 7 J 2 regarding application of off-street parking requirements to uses subject to a conditional use permit• and Section 7 J 2(c) regarding parking requirements for warehouse and distribution industries, and subject to the finding that the zone change is in conformance with the General Plan 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. -5- Planning Commission Minutes March 2, 1978 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 78-2 - MR. JAMES R. WENTZ: Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to operate and maintain a multi -tenant industrial building with associated off-street parking and landscaping located at 5300 Cypress Street in the CH -10,000 Commercial Heavy and LC Lincoln Avenue Combining Zones He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-8 dated February 21 describing the application and the plot plans and elevations The applicant proposed a one-story, 10,000 square foot building which will be divided into four units ranging in size from 1173 to 4752 square feet The building will be constructed of concrete and slumpstone block and a 30 -inch parapet is proposed around the entire building. The Planning Director recommended another condition to state that "no concrete cleaning or sandblasting shall be conducted on the subject property". Chairman Van Allen asked if the applicant wished to speak. Mr James Wentz, 31991 Via de Linda San Juan Capistrano, asked that the condition recommended by the Planning Director regarding sandblasting apply to the regular course of business, so that sandblasting or concrete cleaning is not prohibited during con- struction of the building or during graffiti removal Mr Wentz inquired about the requirement for payment of sewer and street improvement fees which he felt were excessive, and whether they would be applied to other property owners. The Public Works Director reported that both sides of Cypress Street were improved at the time of development of the City Corporation Yard since staff felt properties on the south side of the street would benefit and to take advantage of current costs and eliminate future excavation of the street He stated other future development on Cypress Street will be subject to the same fees Chairman Van Allen asked if anyone wished to speak in support or in opposition There was no one wishing to speak in favor or opposition. It was moved by Commissioner Partin and seconded by Commissioner Adler to approve Conditional Use Permit #78-2 subject to the following conditions and the findings of Section 17 2-7 of the Zoning Ordinance' 1. Development of the subject property shall conform to the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission 2. All construction shall meet the requirements of the Uniform Building Code and Fire Zone II. 3 All requirements of the County Fire Marshal shall be satis- fied 4 A trash receptacle shall be provided, designed and located to the specifications of the Planning Director. 5 A plan for the installation of landscaping and irrigation systems shall be submitted for review and approval by the Planning Director Generally, trees and ground cover along the street frontage shall conform to the design of the City's Maintenance Yard consisting of lawn and Evergreen Pear trees having a minimum size of 15 gallons -6- Planning Commission Minutes March 2 1978 6 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 Drainage fees shall be paid in accordance with the Master Plan of Drainage. The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sani- tation District No 3, Resolution No. 303 A fee ($332 00) for one-half (1/2) of the cost of the Cypress Street sewer main based on front foot cost of the sewer plus cost of lateral, and a fee ($856 87) for one-half (1/2) of the cost of the street fronting the subject property shall be paid by the developer. 7. Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval A topograph of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer All on-site drainage shall be conveyed to the street by means of an undersidewalk drain per City of Cypress standards 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") 8. All secondary and primary utility services shall be under- ground Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City stand- ards. 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. 9 The minimum flowline grade in on-site gutters shall be 0 20% All existing public improvements at the development site which are damaged, cracked or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer. 10 Soil in planting areas, including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified The test results shall include concen- tration of nitrogen, phosphorus, potassium, pH salinity, sodium status and boron saturation extract Results of these tests with recommendations of the agricultural lab- oratory 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 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 the City staff 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 11 The quantity, location, width, and the 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 Cypress Street 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 -7- Planning Commission Minutes March 2, 1978 12 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. 13 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. 14 No concrete cleaning or sandblasting shall be conducted on- site as a regular business operation The motion unanimously carried by the following roll call vote AYES: NOES. ABSENT: 5 COMMISSIONERS• Adler, Friedmann Mullen Partin & Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Chairman Van Allen closed the public hearing The Planning Director reported that at their March 13 meeting the City Council overruled the appeal and sustained the Commis- sion's approval of Conditional Use Permit #78-1 for the estab- lishment of a restaurant in the Lincoln Plaza Shopping Center The Council also approved General Plan Amendment #78-1 for Mr Calvin Meekhof's property on Walker Street Chairman Van Allen continued consideration of the minutes of February 16 to the next meeting Commissioner Partin suggested that the staff return development plans to an applicant following action by the Commission ADJOURNMENT Chairman Van Allen adjourned the meeting at 9 40 p m ATTEST: LSH IRMAN OF THE PLANNING COMMISSION SECR ARY OF THE PLANNIN COMMISSION