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Minutes 1978-04-20MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD April 20, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6 40 p m on Thursday April 20 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 Art Schatzeder, Public Works Director, Sandy Spain, Zoning Inspector and Rob Bower, Deputy City Attorney PLEDGE OF ALLEGIANCE Commissioner Partin led the pledge to the flag Chairman Van Allen added the minutes of April 6 to the agenda. The Planning Director recommended that Administrative Item #4 be continued to the next meeting since staff did not receive the appropriate maps MINUTES: It was moved by Commissioner Friedmann, seconded by Commissioner Adler and unanimously carried to approve the minutes of April 6 ADMINISTRATIVE MATTERS: 1 Landscape Plan Review - Don Koll Company The Planning Director presented the landscape and irrigation plans and a memorandum dated April 14 which described the proposed land- scaping program Staff recommended two corrections to the plans Mr John D Lottel, project manager for Koll Company 1901 Dove, Newport Beach, reported there was a minor revision to the land- scape plans where they had to extend the walkways from the entry ways of several buildings to the parking area. The Planning Director requested a copy of the revised plans for the office file It was moved by Commissioner Friedmann seconded by Commissioner Partin and unanimously carried to approve the landscape and irri- gation plans for the Koll Industrial Center located at the south- east corner of Walker and Cerritos subject to the following corrections. 1. On Sheet #3, lots D and 0 size of the irrigation lines should be specified on the plan to be retained on file in the Planning Department 2 On Sheet properly retained #5, lots J identified on file in and H, all tree species should be on the final landscape plans to be the Planning Department 2 Revised Parcel Map No. 78-1 - Warland Development Company The Planning Director presented the revised parcel map 50 acre parcel of land located at the northeast corner View and Katella and a memorandum dated April 14 which the revision provided for the extension of a secondary track approximately through the center of the property rail service The same number and size of lots and the for the of Valley indicated drill to provide interior Planning Commission Minutes April 20, 1978 street pattern will remain as originally approved The Public Works Director reported that if a crossing protection is required at the intersection of the track and interior street then the cost will be included in the subdivision improvement bonds Commissioner Mullen stated extension of the track may interfere with Valley View Street traffic because of switching operations but that he would support the revision since the positive aspects of the development outweighed this one negative aspect. Chairman Van Allen asked if anyone in the audience wished to speak on this item There was no one who wished to speak It was moved by Commissioner Mullen, seconded by Commissioner Friedmann and unanimously carried to approve Revised Parcel Map 478-1 subject to the original conditions of approval 3 Sign Review - Blue Shopper The Planning Director advised that the applicant was not present and hearing no objections Chairman Van Allen continued this item until later Hearing no objections, Chairman Van Allen continued Administrative Item #4, Review of Proposed Modifications to Orange County General Plan, to the May 4 meeting, as recommended by staff 4 Design Review - Commercial Shopping Center at Northeast Corner of Bloomfield Street and Orange Avenue. The Planning Director presented the plot plans and elevation plans and a memorandum dated April 13 which described the plans for the commercial center He reported the Traffic Commission on April 12 reviewed the plans and had no comments He reported that in accor- dance with the City Council's request, the plans, if approved, will be forwarded to the Council for review with the Commission's recom- mendation The Planning Director reported that five feet of the northerly setback will contain planting to provide a landscaped screen He stated minor storage could be allowed in the north setback area Mr Philip Chapirson, 3670 Aster, Seal Beach, the applicant, stated he did not want the area designated for trash or rear doors on the building because this would cause problems He stated a wall or gate could be constructed to block off the area behind the building to prevent vandalism The Planning Director stated the City Attorney recommended a re- wording of the condition regarding attenuation of noise to reflect that noise must comply with the City's Noise Ordinance He stated Condition #4 will be changed The Planning Director stated the Commission can consider the matter regarding access to the rear of the building when it reviews the landscape plans He reported the trash enclosure is proposed to be located near the southeast corner of the building and will cut off access to the rear on the east side of the building The Chairman asked if anyone wished to speak on this item No one wished to speak It was moved by Commissioner Friedmann, seconded by Commissioner Adler and unanimously carried to approve the plot plans and eleva- tions subject to the following conditions 1 The trash area shall be relocated to the southeasterly corner of the building, enclosed with six foot high masonry walls and solid access gates -2- Planning Commission Minutes April 20 1978 2 A comprehensive signing program shall be submitted for review and approval by the Planning Commission prior to any signing installation 3 The building parapet shall extend to an adequate height to block the view of all air conditioners vents and rooftop paraphernalia from public view subject to City staff approval 4 The developer shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to insure the peace of surrounding residents and in accordance with the limitations expressed in the City's Noise Ordinance 5 Fire Zone II requires two-hour fire resistent walls when constructed on the property lines 6 Developer must obtain a release from the County Fire Mar- shal prior to a Certificate of Occupancy being issued 7 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 8 All secondary and primary utility services shall be under- ground 9 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 10 A precise landscape and irrigation plan shall be submitted and approved by the Planning Commission prior to installa- tion of landscaping or final Building Occupancy Permits being issued 11 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 laboratory shall be furnished to the Public Works Depart- ment for approval at least 30 days prior to planting date 12 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 13 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 the existing block wall along the easterly property line to the satisfaction of the City Engineer Planting shall be installed in the area between the block wall and the curb 14 A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be maintained along the north and east property lines -3- Planning Commission Minutes April 20 1978 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 16 The corner cutoff at the northeast corner of Bloomfield Street and Orange Avenue shall be dedicated to the City of Cypress for sight distance purposes No landscaping shall be installed 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 17 Wheelchair and handicap access facilities shall be installed on-site and off-site in accordance with State of California and City of Cypress Building Department standards 18 All existing drive approaches at the site which are not being used by this development shall be removed and replaced with a sidewalk per City of Cypress standards 19 All on-site drainage shall be conveyed to the street by means of an undersidewalk drain per City of Cypress standards 20 Drainage shall be solved to the satisfaction of the City Engineer A grading plan shall be submitted for approval 21 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 22 Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution No 1713 23 Developer shall conform to all applicable provisions of the City Code 24 The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3, Resolution No 303 COMMISSIONER FRIEDMANN LEFT THE MEETING AT 7.20 P M Chairman Van Allen stated he received a letter regarding his appointment to the Blue Ribbon Citizens' Committee on Proposition 13 (Jarvis) He asked that the Commissioners relay to him any comments or recommendations they may have. RECESS. The Chair called a recess at 7.24 p m The meeting was called back to order at 7:37 p.m. with Commissioner Friedmann absent 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 Chairman Van Allen continued the public hearing regarding Amendment to the Zoning Ordinance #78-3 to the end of the agenda PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO. 78-4 - ROBERT AND SHERMAN SIMPSON. Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to allow the sales and service of motor vehicles, which includes automobiles, trucks and vans, at 5031 Lincoln Avenue He opened the hearing and asked for the staff report The Planning Director read Staff Report #78-13 dated April 13 describing the application and he presented slides showing condi- tions on the property and illustrating conditions of the previous conditional use permit which were not totally satisfied -4- Planning Commission Minutes April 20, 1978 Chairman Van Allen asked if the applicant wished to speak. Mr Robert Simpson, 2201 N Harbor Fullerton, and Mr Bernie Thaler, applicants, discussed the conditions of approval and re- ported they intended to refurbish the exterior of the small building and bring the floor up to Building Code• landscape the area in front of the building• continue the fiberglass extension on the northerly block wall, bring the restrooms up to building and health codes and refurbish them if necessary• provide and designate 10 spaces for customer parking within the fenced - in area on the easterly side of the property, and clean up the exterior and interior of the premises The applicants questioned staff on several of the conditions The applicants indicated they would prefer to use the easterly driveway for two-way access because it would provide greater width and better visibility for traffic and that the westerly driveway would be non-functional and used only for emergency access They stated slats would be installed in the fence across the westerly driveway The Planning Director recommended a change to Condition #2 to indi- cate that ten parking spaces will be provided "on the east side of the subject property to the specifications of City staff' The applicants reported they propose hours of operation of 10 a.m. to 8 p m Monday through Saturday They indicated that Conditions #7 and #8 would be restrictive to their business since they purchase tractors and trailers They stated they do not intend to make the property a storage yard for junk trailers, that they desire a clean operation, and they do not intend to store unsafe or off the road vehicles They reported they intend to service vehicles which they sell, so Condition #7 as stated would be inhibiting The Planning Director stated the intent was not to prohibit valid commercial operations but to prevent the property from becoming a storage yard for trailer rig type vehicles The applicants reported that if vehicles are not sold after 90 days, they are auctioned or sold wholesale They welcomed staff to monitor their operations. Mr. Thayler stated the applicants submitted a letter to the City outlining their intentions for use of the property to which they will totally conform Mr Thaler stated the small front building will be used for office purposes and restroom facilities He reported on the sources of vehicles which they sell and stated they sell no utility trailers The applicants reported oil will be disposed of in a 55 gallon drum which is picked up weekly. The Planning Director stated that limiting service to vehicles registered to the business owner would present enforcement problems for staff With regard to the front building, he stated the City Attorney advised that there is no legal provision to require removal of the building but the City can require refurbishment to bring it up to Code. Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application No one wished to speak in favor or in opposition The Planning Director suggested an additional condition that lighting shall be directed away from adjacent properties The applicants reported there will be no changes in lighting on the property. COMMISSIONER FRIEDMANN RETURNED AT 8:25 P M The applicants reported they plan a silent alarm system on the property. They indicated they favored removal of the front build- ing and would contact the property owner and request that it be demolished If the building is demolished they stated they would relocate restrooms in the metal building. The applicants stated there will be no body work conducted or spray painting of vehicles They reported service hours will probably end at 5 p m -5- Planning Commission Minutes April 20, 1978 The Planning Director reviewed the changes to Conditions 462, 3, 6, 7, and 10 He recommended the following additional conditions 4612 regarding removal or refurbishment of the front building, 4613 regarding the dispensing of gas or oil derivatives• 4614 regarding Item 463 in the applicant's letter, 4615 regarding security lighting 4616 regarding issuance of the certificate of occupancy after condi- tions are satisfied; and 4617 regarding undergrounding of secondary and primary utility services He advised the applicant that Condi- tion 468 regarding storage of vehicles does not preclude overnight parking Chairman Van Allen asked if anyone in the audience wished to speak No one wished to speak It was moved by Commissioner Adler and seconded by Commissioner Mullen to approve Conditional Use Permit 4678-4 subject to the following conditions and the findings of Section 17 2-7 of the Zoning Ordinance. 1 A landscape and irrigation plan shall be submitted for res./Jew and approval by the Planning Commission prior to any installation of landscaping A minimum ten foot (10') wide planter shall be constructed along the Lincoln Avenue right-of-way line excluding the driveway entrances 2 A minimum of ten off-street parking spaces shall be striped for customer parking on the easterly side of the subject property to the specifications of City staff These spaces shall be 9' by 20' in size with wheel stops provided as required 3 Redwood or metal slats shall be installed in the westerly gate at the Lincoln Avenue right-of-way line with a padlock provided in the gate to inhibit day-to-day traffic flow through this driveway approach This approach to the sub- ject property shall be maintained as an exit for emergency use only 4 The fiberglass wall extension along the northerly property line shall be repaired and maintained in good condition subject to City staff approval 5 All future signing including attached and freestanding signs shall be reviewed and approved by the Planning Com- mission prior to installation 6 The hours of operation for this activity shall be restricted to the hours between 8.00 a m and 8.00 p m Monday through Saturday The limitations on the hours of operation are established to help protect the privacy and general welfare of the adjoining single-family residences to the north of the subject property 7 This use is limited to motor vehicle sales and service only and does not include the storage or sale of utility -type trailers 8 The storage of any vehicle not registered to the licensed business, Cypress Motor Sales, is strictly prohibited The premises may not be used as a truck yard, contractor storage yard, or any other business not specifically authorized by this Conditional Use Permit 9 Storage by the applicant of any non-operating vehicle or used vehicle parts is prohibited All minor repair work shall be accomplished to the rear of the main structure out of view from Lincoln Avenue -6- Planning Commission Minutes April 20, 1978 10 A minimum of one restroom shall be provided for each four employees of either sex in accordance with the require- ments of the City's Building Code All restrooms shall be connected to the sanitary sewer system to the specifi- cations of the Building Superintendent 11 This Conditional Use Permit is subject to revocation should the applicant violate any or all conditions of approval 12 The most westerly building currently located on the sub- ject property shall be removed or shall be refurbished to the specifications of the Building Superintendent and City Building Codes In the event this building is to be refurbished for use in conjunction with this operation, such refurbishing shall be subject to the review and approval of the Planning Commission 13 No sale or dispensing of gasoline or other oil derivatives shall be permitted on the subject property 14 Servicing of automobiles and trucks shall be limited to the cleaning of exteriors and interiors of vehicles and preventative maintenance and light tuning services No major motor, transmission, rear -end or body work, including painting, shall be performed on the premises 15 On-site security lights shall be arranged so that direct rays do not shine onto adjacent properties or interfere with traffic along the adjacent arterial street 16 A Certificate of Occupancy shall not be issued for this use until all conditions applicable to this Use Permit are satisfied 17 All secondary and primary utility services shall be under- ground The motion carried by the following roll call vote• AYES NOES: ABSENT ABSTAINING. 4 COMMISSIONERS: Adler, Mullen, Partin and Van Allen 0 COMMISSIONERS• None 0 COMMISSIONERS. None 1 COMMISSIONERS: Friedmann Chairman Van Allen closed the hearing PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO 78-5 - OTTO LACAYO Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to allow the on-site sale of alcoholic beverages (beer and wine only) at Otto's Taco House located at 4197 Ball Road He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-14 dated April 13 describing the application He reported no conditions were suggested since all conditions were satisfied in conjunction with development of the shopping center Mr Otto Lacayo, 9611 Glenbrook, Cypress, the applicant, stated he proposed hours of operation of approximately 10 a m to 10 p m on week nights and to 12 midnight on weekends Commissioner Mullen indicated he favored no restriction on hours but recommended that the Commission reserve the right to impose hours of operation He noted this is a General Commercial shop- ping center, some distance from residences, and he suggested a 2 a.m. closing on weekends. Mr. Lacayo stated Straw Hat Pizza in the shopping center is open past midnight -7- Planning Commission Minutes April 20, 1978 Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application. There was no one wishing to speak It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #78-5 subject to the following condition and the findings of Section 17 2-7 of the Zoning Ordinance 1 The hours of operation of this use shall be subject to restrictions established by the Planning Commission should the need for such restrictions be generated in the future Should the operation become inconsistent with the intent of the Planning Commission in granting this Use Permit, the Commission may establish restrictions including, but not limited to, the setting of hours of operation for the conduct of the business The motion unanimously carried by the following roll call vote. AYES: 5 COMMISSIONERS. Adler, Friedmann, Mullen, Partin and Van Allen NOES 0 COMMISSIONERS• None ABSENT. 0 COMMISSIONERS None The Chairman closed the public hearing. RECESS. The Chair called a recess at 9 07 p m The meeting was called back to order at 9:15 p m with all Commissioners present PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO. 78-6 - AMERICAN DEVELOPMENT COMPANY. Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to establish, operate and maintain a 150 -unit retirement community providing for non-medical supervision of the elderly at 5252 Orange Avenue in the OP -10,000 (CC) Office Professional Civic Center Combining Zone He opened the hearing and asked for the staff report The Planning Director read Staff Report #78-15 dated April 13 which described the application and he presented the plot plans and elevations Chairman Van Allen asked if the applicant wished to speak Mr. Ed Davis, representing American Development Corporation, stated the site was carefully selected and meets most of their criteria for this type of facility which include a location with amenities that are within walking distance for the elderly like parks, libraries shopping centers bus transportation and community activities They felt the junior high school was an advantage and offered visual excitement He stated they like locations which are a buffer between residential and commercial uses He indicated the architect had several questions regarding the conditions Mr John Reed, 1546 Edris, Los Angeles, reported they have done 25 of this type of facility ranging from 100 to 200 beds He reported the facility is licensed by the State Department of Social Welfare which sets requirements for room size, recreation and dining facilities and health standards The facility is in- spected two or three times per month He stated persons in the facility must be ambulatory. He reported on similar facilities in Santa Barbara and Pasadena describing their site character- istics, methods of operation and amenities provided Mr Reed inquired about several conditions of approval and responded to questions regarding features of their facility -8- Planning Commission Minutes April 20, 1978 The Chairman asked if anyone wished to speak in support of the application No one wished to speak in support. He asked if anyone wished to speak in opposition Dr Andrew Erdaly 5373 Oxford Drive, Cypress, indicated he opposed the application because he felt the area was designated for office use which fit the General Plan He felt there was a shortage of office space in the area. Mr Alfonso Troncone, 5427 Oxford, Cypress, stated he opposed the proposal because it deviated from the General Plan which calls for office buildings across from the Civic Center He felt there may be a problem in providing adequate parking for staff members or residents who may own cars and that noise from delivery trucks would be objectionable to adjacent residents He submitted letters in opposition to the proposal from two property owners who could not attend the meeting Ms Nadene Hefferan, 5348 Oxford, stated she strongly opposed the proposal and felt locating the facility across from the junior high school was unadvisable She felt the facility would create traffic problems on Oxford Drive Mr Tom Greathead 5362 Oxford, stated he opposed the proposal and felt an institution was comparable to a 150 -unit apartment complex He felt inadequate parking will be provided He pre- ferred an office professional use which is an 8 a m to 5 p m activity over the 24 hour, seven days a week activities of the retirement center He stated he agreed with the negative findings in the staff report and with the previous speakers Mr Ken Haraughty, 5323 Oxford stated he opposed the proposal because of the negative findings of staff and because it is in opposition to the City's policy for use of property around the Civic Center He opposed the five foot southerly setback and having a facility of this nature so close to his property He agreed it is a good use but the wrong location and felt there are other suitable locations in the City Mrs. Pat Haraughty, 5323 Oxford, stated she agreed it was a good use but the wrong location and she felt the disadvantages of the proposal outweighed the advantages Mr Ed Tomnay, 5335 Oxford stated he opposed the use permit Mrs Pat Tomnay, 5335 Oxford, stated the park at Orange and Denni has no features for the elderly and she felt shopping centers were not within a reasonable walking distance She stated she agreed with the previous speakers Mr Wayne Wells, 5293 Oxford, stated he purchased his home on the basis of the General Plan designation of office professional for the property and he would like this maintained Mr David Doremus, 5300 Orange Avenue, Cypress, stated he felt the project was well thought out and would be an asset to the City but that it was incompatible adjacent to property being developed for office use and incompatible with the Civic Center He favored retaining the property for office use to support the start of the financial center in this area which the community desires He felt there were alternate locations for the facility Mr Reed reported the staff consists of about 30 persons with a maximum of 18 to 20 on one shift He stated delivery hours can be controlled He stated not many of the residents own cars and there is little guest parking. He reported they build in high quality areas and investors will not invest unless the site meets certain criteria such as close proximity to shopping, parks, -9- Planning Commission Minutes April 20 1978 libraries and civic group activities He stated they would be amenable to a 10 foot southerly setback and building a new wall if necessary He stated they propose the same grade as the existing one Mr Ken Haraughty reported that because of the way the tract was built there are two walls on the west side of his property and his wall is lower than the neighbor's wall and is unsightly He stated he did not want this continued the full length of his property Commissioner Mullen stated he could not support the application because of reasons stated in the staff report and he felt the proposed use was residential and outside the City's philosophy for the type of development it wants around the Civic Center He stated he would favor the use in another OP Zone at a different location He felt there was a scarcity of office zoned property and that the junior high school would be an irritant to the retire- ment community He stated he could not support the use at this location because of adjacent residents opposition Commissioner Adler stated his greatest concern was that a resi- dential use would eliminate key corner property with good access for office development He stated the factors brought up by staff and the privacy factor for residents to the south made him unable to support the application Commissioner Friedmann stated a commitment was made to the citizens that the area would be developed in a certain manner and approval of the application would be inconsistent She agreed it was a good project but should be located elsewhere Commissioner Partin felt the office professional atmosphere should be maintained in the Civic Center area He stated he would like the project in the City but he did not favor the location Chairman Van Allen stated he generally agreed with the Commis- sioners' comments He asked if anyone else wished to speak No one wished to spdak It was moved by Chairman Van Allen and seconded by Commissioner Adler to deny Conditional Use Permit #78-6 The motion unani- mously carried by the following roll call vote: AYES NOES: ABSENT. 5 COMMISSIONERS Adler, Friedmann, Mullen, Partin and Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS None Chairman Van Allen closed the public hearing PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78-7 - BASHFUL BAGEL• Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to allow the on-site sale of alcoholic beverages (beer and wine only) at the Bashful Bagel Restaurant and Delicatessen 9575 Valley View Street He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-16 dated April 12 describing the application Chairman Van Allen asked if anyone wished to speak in support or in opposition to the request No one wished to speak in favor or in opposition Commissioner Mullen noted that alcohol will be served on the premises in conjunction with meals and he felt there would be no problem for the adjacent high school -10- Planning Commission Minutes April 20 1978 It was moved by Commissioner Friedmann and seconded by Commis- sioner Mullen to approve Conditional Use Permit #78-7 subject to the condition that the business hours of operation are subject to approval by the Planning Commission and subject to the findings of Section 17 2-7 of the Zoning Ordinance The motion unani- mously carried by the following roll call vote: AYES. 5 COMMISSIONERS Adler, Friedmann, Mullen, Partin and Van Allen NOES 0 COMMISSIONERS: None ABSENT. 0 COMMISSIONERS• None Chairman Van Allen closed the public hearing RECESS Chairman Van Allen called a recess at 10 47 p m The meeting was called back to order at 10 55 p m. with all Commis- sioners present PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO. 78-8 - MARIA MACHADO Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to establish, operate and maintain a community care facility to house developmentally dis- abled adults to be located at 5271 Lincoln Avenue He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-17 dated April 14 describing the application and an aerial slide identifying the subject property and surrounding land uses Ms Terry Stambler-Wolfe, 9923 E Woodruff Temple City repre- senting the applicant reported the applicant proposes extensive interior and exterior improvements to the property such as re- placement of carpeting, tiles, roof work improved landscaping and complete fencing With regard to Condition #5, she reported ",I the applicant intends to remove the outdoor advertising structures but became aware that the billboard company has a 20 year lease Vj for the billboards on the property She stated the applicant wants them removed and she suggested the following condition* "A deed restriction shall be required which provides that the lease for the existing outdoor advertising structures shall not be renewed or extended upon its expiration and no additional outdoor advertising structure may be erected on the property" Ms Stambler- Wolfe stated she was unaware whether the lease applied to both structures The Planning Director requested that staff be pro- vided with a copy of the lease He stated staff would also investigate the Zoning Ordinance provisions regarding amortization of billboards Commissioner Partin inquired about possible future development on the rear of the property and the Planning Director stated the property has sufficient size and depth to allow a dgbision of the parcel to provide for 15 more units at the rear The appli- cant discussed with the Commission access to the buildings on the property, the trash area location, and possibility of elim- inating one or two parking spaces to improve access to the trash area Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application No one wished to speak in favor or in opposition Commissioner Adler asked if some type of buffer could be provided on the walkway between the dining area and dwellings to offer protection against wind and rain Ms Maria Machado 445 E Lomita, Carson the applicant stated she would favor a buffer and one was considered and she was open to suggestions -11- Planning Commission Minutes April 20 1978 The Planning Director recommended that Condition #5 be changed to read: "All existing outdoor advertising structures located on the property shall be removed unless deed restrictions currently of record limit implementation of this requirement If such res- trictions are applicable, the structures shall be removed as soon as possible within all legal constraints" It was moved by Commissioner Friedmann and seconded by Commis- sioner Adler to approve Conditional Use Permit 478-8 subject to the following conditions and the findings of Section 17 2-7 of the Zoning Ordinance. 1 All rights granted under this permit shall not become effective unless and until revisions to the current Zoning Ordinance incorporating provisions for community care facilities are adopted by the City Council 2 The conversion and up -grading proposed under this project and all new construction shall be in conformance with and subject to the specifications of the appropriate agencies of the State of California and the County of Orange and in conformance with the requirements of the Building Department and Fire Marshal's office 3 Up -grading of the existing landscaped areas and the instal- lation of proposed wrought iron and chain link fencing shall be subject to the conditions and approval of the Planning Director 4 Street trees shall be installed along the Lincoln Avenue frontage to the specifications of the Public Works Director 5 All existing outdoor advertising structures located on the subject property shall be removed unless deed restrictions currently of record limit implementation of this requirement If such limitations are applicable a deed restriction shall be required which provides that the lease for the existing outdoor advertising structures shall not be renewed or extended upon its expiration and no additional outdoor advertising structures shall be erected on the property A copy of any existing deed restriction shall be submitted to the Planning Director 6 Developer shall conform to all applicable provisions of the City Code A permit shall be obtained from the State Depart- ment of Transportation prior to the start of any work on Lincoln Avenue Drainage fees shall be paid in accordance with the Master Plan of Drainage All existing public improve- ments at the development site which are damaged, cracked or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer The motion unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: Adler, Friedmann, Mullen, Partin and Van Allen NOES• 0 COMMISSIONERS• None ABSENT 0 COMMISSIONERS None Chairman Van Allen closed the hearing PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78-9 - FRANK AND AMELIA SANCHEZ. Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to establish a five -unit condominium project with associated landscaping and parking facilities at 6322 Orange Avenue He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-18 dated April 13 which described the application and slides of the subject property He reported staff recommended that the plan be modified -12- Planning Commission Minutes April 20 1978 to relocate the driveway as close as possible to the railroad crossing to provide additional sight visibility acceptable to the Traffic Engineer He reported the Traffic Commission re- viewed the plans and concurred with staff's recommendation to locate the drive approach as far west as possible Chairman Van Allen asked if the applicant wished to speak Mr Richard Simonian 1621 E 17th Santa Ana, representing the applicant, stated the applicant has reviewed the conditions With regard to Condition #12 requiring an 8 -foot -high block wall along the southerly property line Mr Simonian asked that the condition be changed to reflect that noise shall meet requirements of the Noise Ordinance and a report from an acoustical engineer shall be submitted to justify reduction of the wall height to six feet Mr Simonian stated the property is passed by only one train per day and it is a slow moving train The Planning Director stated he had no objection to the change Mr Simonian stated he felt the condi- tions were previously discussed with the applicant and he stated they are acceptable Mr Simonian stated the front elevation will be changed to be more attractive and the existing Palm trees will be relocated to the front of the property The Chairman asked if anyone wished to speak in favor Mrs Beverly Shiva, property owner directly to the east, stated it is a good project and she favors it The Chairman asked if anyone wished to speak in opposition No one wished to speak in opposition The Planning Director recommended that Condition #12 be changed to read: "The applicant may engage the services of a certified acoustical engineer to indicate alternative mitigation measures to meet the requirements of the City's Noise Ordinance which may result in reduction of the wall height' It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #78-9 subject to the following conditions and findings of Section 17 2-7 of the Zoning Ordinance 1 A landscape and irrigation plan shall be submitted for Plan- ning Commission review and approval prior to installation of any landscaping 2 A tract map shall be reviewed and approved by the City of Cypress and recorded with the County of Orange prior to this Conditional Use Permit becoming effective 3 A revised plot plan indicating relocation of the building 50± feet westerly shall be submitted for traffic engineering and Planning Commission review and approval Final building elevations shall also be submitted for Planning Commission review and approval prior to issuance of a building permit 4 The condominiums shall be constructed at R-3 occupancy of the 1976 Uniform Building Code Each unit shall be one- hour construction throughout with two, one-hour walls between units All fire prevention requirements shall be reviewed and approved by the Orange County Fire Marshal's office prior to occupancy Since this property is located in Fire Zone II, fire retardant roofing material will be required 5 Developer shall conform to all applicable provisions of the City Code All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied Final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution No 1713 Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No 1713 Recreation and Parks fees shall be paid in accordance -13- Planning Commission Minutes April 20 1978 with the City's Subdivision Ordinance 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 Sanitation District No 3, Resolution No 303 Advance street light energy charges shall be paid 6 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") Minimum flowline in on-site gutters shall be at 0 20%. 7 All secondary and primary utility services shall be under- ground Street lights shall be installed per City standards Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards A master plan of sewers shall be submitted for approval by the City Engineer, with plan checking and inspection fees to be paid by the developer Sewer laterals connecting existing houses at this property shall be plugged at the property line The street in front of this development shall be resurfaced with one -inch (1 ) minimum thickness asphalt concrete 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 The developer shall provide mailbox mounting facilities for each residence to the satisfaction of the Public Works Director, Planning Director and Postmaster 8 Orange Avenue shall be dedicated and fully improved with curb, gutter, sidewalk, driveway, paving, etc , in accordance with the Master Plan of Streets and Highways 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 9 Soil in planting areas including treewells 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 labor- atory 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 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 -14- Planning Commission Minutes April 20 1978 10 The number location, width and the type of driveways 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 11 The developer shall provide adequate "No Parking" controls within the development to the satisfaction of the City Engineer "No Parking" controls shall be included in the conditions covenants and restrictions (CC&R's) for this development In addition, the developer shall cooperate with the City and take all steps necessary to permit the City to enforce the provisions of the California Vehicle Code along the private streets as provided by Section 21107 7 of the California Vehicle Code Adequate "No Parking - Fire Lane" signs shall be installed on-site per California Vehicle Code No 22658 to the satisfaction of the City Engineer Building Superintendent and County Fire Marshal The developer of this project shall provide adequate speed control within the development to the satis faction of the City Engineer Parking lot circulation shall be subject to the approval of the City Engineer 12 A minimum eight -foot (8') high block wall, measured from the highest adjacent grade, shall be constructed along the southerly 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 in- stalled in the area between such block walls and the curb In lieu of this requirement, the applicant may employ the services of a qualified and certified acoustical engineer to investigate the problem of noise generated from the adjacent railroad If the acoustical engineer determines that other measures are available to mitigate noise intrusion, said measures may be substituted in lieu of the required eight -foot -high wall subject to the approval of City staff 13 Wheelchair and handicap access facilities shall be in- stalled on-site and off-site in accordance with State of California and City of Cypress Building Department standards 14 Installation of cable TV shall be subject to any City ord- inance of regulations which are in effect at the time of recording of the final map 15 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 ade- quately screened from public view, subject to the approval of the City staff 16 A copy of the Conditions Covenants and Restrictions (CC&R's) covering the development shall be submitted to the City staff and City Attorney for their review, recom- mendations and approval to ensure the continuance, maint- enance, applicability and enforceability of the CC&R's so that the development will not become a liability to the City at a later date 17 The conditions of this Conditional Use Permit shall apply to all parcels created, altered, or otherwise affected by the subdivision map required in Condition #2 -15- Planning Commission Minutes April 20, 1978 The motion unanimously carried by the following roll call vote AYES• 5 COMMISSIONERS: Adler Friedmann Mullen, Partin and Van Allen NOES 0 COMMISSIONERS None ABSENT. 0 COMMISSIONERS. None The Chairman closed the public hearing PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 78-10 - ROBERT C CROOKS• Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to estab- lish, operate and maintain a contractor equipment yard with asso- ciated fencing and landscaping at 8932 Watson Street. He opened the hearing and asked for the staff report The Planning Director summarized Staff Report #78-19 dated April 14 which described the application and he presented an aerial slide identifying the subject property Staff recommended approval subject to 12 conditions The Chairman asked if the applicant wished to speak Mr Robert Crooks, 4538 Blanca Drive, Cypress, stated the staff report and conditions were acceptable He reported the business begins about 6 or 6.30 a m and ends at 3.30 or 4.00 p m He reported oil will be disposed of in 55 gallon drums He indicated he operates and maintains the contracting equipment and rents it to other contractors. Chairman Van Allen asked if anyone wished to speak in support or in opposition. No one wished to speak in support or in opposition It was moved by Commissioner Mullen and seconded by Commissioner Adler to approve Conditional Use Permit #78-10 subject to the following conditions and the findings of Section 17 2-7 of the Zoning Ordinance• 1 A minimum ten -foot -wide landscaped setback area shall be provided along the Watson Street frontage in accordance with the requirements of the Zoning Ordinance A plan of the proposed landscape and irrigation systems shall be submitted for review and approval by the Planning Commission and installation of all landscape/irrigation systems shall be completed prior to the issuance of an occupancy permit or prior to the release of electrical hook-up service for this project 2 A six -foot -high masonry wall shall be constructed along the southerly lot line and at the ten -foot setback line of the Watson Street frontage in order to screen this use from adjacent properties and public rights-of-way The surface of the lot shall be covered with compacted decomposed granite or with minimum two-inch asphaltic paving over appropriate base to the specifications of the Public Works Department This requirement is being imposed in order to insure that the surfacing and compaction of the subject property will meet with the drainage requirements of the City Engineer and will not produce any influx of dust on adjacent properties 3 If underground fuel tanks and the dispensing of petroleum products is to be undertaken on the subject parcel, approval for the location and design of such facilities shall be subject to the review and approval of the Planning Commission prior to the issuance of any permit for such facility 4 On-site security lighting if to be provided, shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic -16- Planning Commission Minutes April 20, 1978 5 Any identification signing established on this property shall conform to the requirements of the Sign Ordinance and shall be subject to the approval of the Planning Director 6 No cargoes of explosives, liquid petroleum products, liquid or gaseous corrosives or pressurized gases shall be placed or stored on the subject property unless such storage has been approved by the Planning Commission 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 Drainage fees shall be paid in accordance with the Master Plan of Drainage 8 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 constructed at the property line where the grade difference is greater than twelve inches (12") Minimum flowline of on-site gutters shall be 0 20% 9 All secondary an&Trimary utility services necessary to serve this use shall be underground Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 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 10 Watson Street shall be fully improved with curb, gutter, sidewalk driveway paving etc , in accordance with the Master Plan of Streets and Highways Street trees shall be installed along Watson Street 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 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 11 The number, location, width and type of driveways 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 Watson Street 12 This permit shall be reviewed by the Planning Commission at the end of a two-year period At the time of this review, the Commission may impose additional requirements if conditions in the surrounding neighborhood have changed or if the intensity of the use has increased to the extent that additional requirements are determined necessary Since the Planning Commission retains continuing juris- diction on a conditional use permit, this permit may be reviewed at any time should conditions necessitate such a review -17- 1 Planning Commission Minutes April 20, 1978 The motion unanimously carried by the following roll call vote: AYES: NOES• ABSENT 5 COMMISSIONERS. Adler, Friedmann, Mullen, Partin and Van Allen 0 COMMISSIONERS• None 0 COMMISSIONERS None Chairman Van Allen closed the public hearing. With regard to Administrative Item #3, Sign Review for the Blue Shopper, Chairman Van Allen recommended that the signs maintain a uniform background color and that the tenants be permitted to have lettering of a different color Commissioners Adler and Mullen agreed with the suggestion It was moved by Commissioner Partin, seconded by Commissioner Adler and carried, with Commissioner Mullen voting no, to deny the request for a sign change for the Blue Shopper It was moved by Commissioner Adler, seconded by Commissioner Partin and unanimously carried to approve a deviation in the approved signing program for the Picadilly Shopping Center at the northwest corner of Orange and Moody to provide that all signs maintain an orange background but that the color of the sign lettering be left up to the individual tenants The public hearing regarding Amendment to the Zoning Ordinance No 78-3 was continued to the May 4 meeting ADJOURNMENT• Chairman Van Allen adjourned the meeting at 12.15 a m 1 HAIRMAN OF THE PLANNING COMMISSION ATTEST• SECRETARY OF THE PLANNIN. COMMISSION