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Minutes 1978-06-01MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD June 1, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6:37 p m. on Thursday, June 1, 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, Assis- tant Planner, Art Schatzeder, Public Works Director, and John Murphy, City Attorney PLEDGE OF ALLEGIANCE. Commissioner Partin led the pledge to the flag MINUTES It was moved by Commissioner Mullen, seconded by Commis- sioner Friedmann and carried, with Commissioners Adler and Van Allen abstaining, to approve the minutes of May 18 ADMINISTRATIVE MATTERS: 1 Sign Review - Grubbs Realty, Inc , 5406 Lincoln Avenue The Planning Director presented a report dated May 25 and the plans and elevations for the proposed freestanding sign A 48 -square -foot internally illuminated sign can was proposed atop an 18 -foot pole for an overall maximum height of 24 feet Staff recommended that the sign height be reduced to 20 feet. Mr Kieron Grubbs, 5406 Lincoln, Cypress, stated he did not object to reducing the sign height to 20 feet He reported that one year remains in his lease with Foster and Kleiser for the billboard sign and he requested that this sign be maintained during that period The Planning Director stated he did not object to allowing the sign to remain during the term of the lease and he suggested a condition relating to the freestanding sign It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve the sign plans subject to the following conditions• 1 The applicant shall obtain all necessary building and elec- trical permits prior to the installation of the subject sign 2. The sign pole shall be boxed in with rough -sawn wood to enhance the appearance of the subject sign 3 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 structure 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 4 The height of the freestanding sign shall be related to the adjacent building, subject to the approval of the Planning Director Planning Commission Minutes June 1, 1978 2 Review of Conditional Use Permit 4477-23, Lloyd's Auto Repair, 4572 Lincoln Avenue. The Planning Director presented slides of the property and reported on improvements which were made to satisfy conditions of the condi- tional use permit The Assistant Planner presented a report dated May 24 which listed ten conditions which have not been completed Mr. Lamm reported that Conditions #8, 13 and 27 were subsequently completed Mr Robert Gilbert, 4572 Lincoln, Cypress, the applicant, stated he was frustrated with the lack of progress and he indicated that several of the work items were delayed because they had to follow in sequence the concrete work which was recently completed He stated the remaining work will be started immediately and he felt all work could be completed within two weeks Mr Gilbert stated they plan to use the lube pit and it will be fenced The Planning Director recommended that Mr. Gilbert contact the Building Superin- tendent to find what type of safety precautions would be required Mr. Gilbert stated he intends to do the landscaping work himself Mr Gilbert discussed with the Commission Conditions #31 and 4432 He stated the modification to the c u p allows trailer repair work within the outdoor fenced -in area and he requested that automobile repair work also be allowed in this area It was moved by Commissioner Partin and seconded by Commissioner Mullen to continue the matter to the July 6 meeting to allow the applicant to complete the work required by the conditions of approval Commissioner Mullen then withdrew the second and suggested that the matter be continued for two weeks since this amount of time was re- quested by the applicant Commissioner Partin moved to amend the motion to review the progress of the project in two weeks and that the Commission abstain from any action on the conditional use permit for four weeks The modi- fication was not seconded It was moved by Commissioner Partin, seconded by Commissioner Fried- mann and unanimously carried to continue the matter to the June 15 meeting and request a progress report at that time The Planning Director suggested that Mr Gilbert contact him regarding the modification to Condition 4432 RECESS Chairman Van Allen recessed the meeting at 7.00 p m until the applicants are present for the hearings The meeting was called back to order at 8 02 p m with all Commissioners present 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 CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78-11 - WIERSMA Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to allow the sale of animal feed in the RS -15 000 Zone at 4252 Crescent Avenue He opened the hearing and asked for the staff report The Assistant Planner summarized Staff Report 4478-22 dated May 10 which described the application and the Planning Director presented slides of the property The staff reported that the use would be restricted to hay sales only and no other type of animal feed They stated that no specific setback distance was suggested for the stacks of hay from the residence since this and other applications will be considered on individual merits -2- 0 Planning Commission Minutes June 1, 1978 Mr. and Mrs Wiersma, 4252 Crescent, Cypress, reported the hay is located about 50 to 60 feet away from the residence and this was satisfactory to their insurance company. They reported the hay is about 200 feet away from the residence on the adjacent property They indicated the dilapidated shed will be demolished or brought up to Code Chairman Van Allen asked to see plans if the shed will be brought up to Code. Mr Wiersma stated he could lower the height of the stored bales of hay The applicants discussed with the Com- mission and staff the status of the well property on which the shed is located The staff indicated they would investigate the status and write an appropriate condition regarding the shed Chairman Van Allen asked if anyone wished to speak in favor Ms Karen Collins, 8541 Acacia Drive, Cypress, property owner dir- ectly to the south of the applicant stated she has no objections to the proposed sale of hay and it is a convenience to many of the property owners and does not cause problems The Chairman asked if anyone wished to speak in opposition wished to speak in opposition The Wiersmas stated they accepted the conditions of approval No one Commissioner Adler suggested that a setback be established for the hay The Planning Director recommended an additional condition to state that the storage of hay shall not encroach closer than 50 feet to any adjacent dwelling It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #78-11 subject to the following conditions: 1 The hours of operation shall be determined by the Planning Commission 2 Deliveries to the premises shall not be permitted on Sundays 3 Signing shall not be allowed to distinguish the feed sale 4 This Use Permit is limited to the sale of hay only on Lots #2 and #3, Block A, of Tract #812 5 A business license shall be obtained from the City of Cypress 6 The Planning Commission shall maintain ongoing jurisdiction over this Conditional Use Permit Should the Planning Commis- sion determine that the sales has become the principal land use this Use Permit shall be revoked by the Planning Commis - s ion 7 The dilapidated building located on the corner parcel shall be demolished and removed or, if to be retained, shall be upgraded in accordance with the requirements of the Building Code providing all legal restrictions regarding the removal or use of this structure can be satisfied The subject prop- erty in general shall be kept in a clean and orderly manner, free of weeds and debris visible from the public streets 8. This Conditional Use Permit shall not become effective until Ordinance 46615 becomes effective, permitting the subject land use 9 The storage of hay shall not encroach closer than 50 feet to any adjacent dwelling -3- Planning Commission Minutes June 1, 1978 The motion unanimously carried by the following roll call vote AYES: NOES ABSENT: 5 COMMISSIONERS Adler, Friedmann, Mullen &Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS None Chairman Van Allen closed the public hearing Partin PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78-12 - GENE PALAFERRI. Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to allow construction of three apartment units in the DI -Density Incentive Zone at 5601 and 5611 Nelson Street He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-23 dated May 25 describing the application and slides identifying the property and adjacent land uses He also presented the plot plans and elevations Chairman Van Allen asked if anyone wished to speak in favor Mr John Moynihan, 5591 Nelson, Cypress, property owner to the west, stated he encouraged improvement and development of the subject property and felt it would eliminate the weeds and rodent problems He stated the plan appeared good and the development should blend into the neighborhood Chairman Van Allen asked if anyone wished to speak in opposition No one wished to speak. Mr Moynihan asked if landfill will be brought to the property and if a retaining wall will be built adjacent to his property The staff stated Condition #8 requires the submittal of a grading plan and topography and these will indicate if a retaining wall is needed Commissioner Partin inquired about the density of the project and the Planning Director reported the density permitted by the Density Incentive Zone is about 13 units per acre as applied to the total site and the subject development meets the Code requirements It was moved by Commissioner Partin and seconded by Commissioner Mullen to approve Conditional Use Permit ##78-12 subject to the following conditions 1 A landscape and irrigation plan shall be reviewed and approved by the Planning Commission prior to any installation of land- scaping 2 Roofing materials for the residential buildings shall consist of either wood shake shingle roofing or tile. 3. The two-bedroom apartment units shall be increased in size to a minimum of 900 square feet to comply with the require- ments of the RS -6000 (DI) Zone 4 To obtain the objectives of the Density Incentive Zone, lot consolidation shall be required to insure single ownership of the subject property 5 The applicant shall provide two fire extinguishers and tamper- proof cabinets no higher than five feet from grade subject to the approval of the Orange County Fire Marshal's office 6 The structures shall be constructed in conformance with the 1976 edition of the Uniform Building and Plumbing Codes and the 1975 edition of the National Electrical Code -4- Planning Commission Minutes June 1, 1978 7 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 A Parcel Map is required to combine lots Final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution #1713 Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution #1713 Recreation and Parks fees shall be paid in accordance with the City of Cypress Zoning Ordinance The developer shall pay $50.00 per unit Developer's Tax as required by the City of Cypress Business License Department Drainage fees shall be paid in accordance with Master Plan of Drainage The sani- tary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District No 3 Resolution #303 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 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") All lots shall have a slope gradient of between one percent (1%) and three percent (3%) from rear lot line to the street 9 All secondary and primary utility services shall be under- ground 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 #110 The developer shall provide mailbox mounting facilities for each residence to the satisfaction of the Public Works Director, Planning Director and Postmaster 10 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. 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 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 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 Existing street trees (2) located behind the sidewalk shall be maintained and protected during construction 12. The number location, width and type of driveway shall be subject to the approval of the City Engineer An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Nelson Street Existing driveways serving the subject property shall be removed and replaced with standard curb gutter and sidewalk, and a new driveway providing access in accordance with the development plan submitted with this request shall be in- stalled to the specifications of the Public Works Director -5- Planning Commission Minutes June 1 1978 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 PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO 78-13 - NEW HORIZONS BUILDING COMPANY: Chairman Van Allen announced that this was the time and place for the public hearing to consider an application to allow construction of three office buildings at 5480 Orange Avenue He opened the hearing and asked for the staff report The Assistant Planner summarized Staff Report #78-25 dated May 25 which described the application He presented the plot plan He reported that the trash enclosure location on the west property line will be opposite the trash area of the adjacent westerly development Mr Dan Brose, 2366 N Glassell, Orange, the applicant, stated he agreed with the conditions of approval Chairman Van Allen asked if anyone wished to speak in favor or in opposition No one wished to speak in support or in opposition Commissioner Mullen expressed concern that an agreement for recipro- cal access to the adjacent office development (Espalier Square Phase II) was not reached prior to the meeting Mr Brose stated the access was not necessary to his development and he was awaiting a request from the adjacent property owner The Commission discussed the pros and cons of integrated access The Planning Director stated staff was concerned over the proximity of the Walker Street driveway to the intersection He noted there may be a high amount of through traffic in the parking lot since motor- ists may avoid the intersection and take a short cut He stated staff would not enforce making reciprocal access a condition of development Commissioner Mullen stated he withdrew his objection Mr Alfonso Troncone, 5427 Oxford Drive, Cypress, stated there is a potential problem regarding grade difference for two of his neigh- bors who are adjacent to the subject property. He stated their property is much lower and he suggested that the City Engineer inves- tigate the problem It was moved by Commissioner Friedmann and seconded by Commissioner Adler to approve Conditional Use Permit #78-13 subject to the following conditions• 1 Plans for the proposed landscaping and irrigation system shall be submitted for review and approval by the Planning Commission Required landscaping and irrigation systems shall be installed prior to the issuance of a Certificate of Occupancy for this project 2 At the time landscaping plans are reviewed by the Commission, plans for the proposed signing program shall be submitted for review and approval by the Planning Commission 3 Development of the property shall conform to the requirements of all existing building codes and shall conform to the pro- visions of Fire Zone II, Class B roofing material 4 Development of the subject property shall be in conformance with the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission -6- Planning Commission Minutes June 1 1978 5 A minimum five -foot -wide landscaped planter area shall be maintained along the southerly property line. The parking spaces abutting this planter area shall have wheel stops provided to prohibit vehicular overhang on the planter area 6 The applicant shall construct a six -foot -high masonry wall along the southerly property line measured from the highest adjacent grade should it not be possible to raise the existing wall to the satisfaction of the City Engineer 7 All requirements of the Orange County Fire Marshal shall be satisfied with respect to the type and location of fire hydrants and fire extinguishers. The fire hydrant flow rating shall be a minimum of 3 000 gallons GPM at 20 PSI and looped from the existing water lines on Orange Avenue to the system on Walker Street 8 Developer shall conform to all applicable provisions of the City Code 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 #3, Resolution #303 9. Drainage shall be solved to the satisfaction of the City En- gineer 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") 10 All secondary and primary utility services shall be underground Street lights shall be installed per 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 #110 11 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 12. 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 concentra- tion of nitrogen phosphorus, potassium, pH, salinity, sodium status and boron saturation extract Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date A bond shall be posted by the applicant to guarantee maintenance of the irrigation system so that it operates in a manner for which it was de- signed, 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 certificate of occu- pancy 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 Com- mission Street trees (15 gallon) forty feet (40') on center shall be installed along streets in conformance with -7- Planning Commission Minutes June 1, 1978 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. 13 The number, location width and type of driveway shall be subject to the approval of the City Engineer An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Orange Avenue and Walker 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 inter- sections to the satisfaction of the City Engineer 14. A continuous physical barrier (i e , 6" high concrete curb) shall be constructed at a minimum distance of three feet (3') from the base of all block walls exposed to vehicular traffic to the satisfaction of the City Engineer Planting may be installed in the area between the block wall and curb 15 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 16 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic All roof -mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of the City staff Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the City staff 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 PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 78-3 - ROBERT P WARMINGTON COMPANY• Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to amend the Land Use Element of the General Plan to change the existing Retail and General Commercial classification to a dual classifica- tion of Retail and General Commercial and Light Industrial, on a 10 acre parcel of land located on the westerly side of Valley View Street north of the Southern Pacific Railroad tracks He opened the hearing and asked for the staff report. The Planning Director presented Staff Report #78-26 dated May 26 describing the application and slides identifying the property and surrounding land uses He reported on development plans for several of the surrounding parcels: on the Datsun property they will relo- cate new vehicle storage to the rear portion of the property, and the parcel to the east of Datsun was recently sold and the entire property will be developed He presented a preliminary development plan for the subject property and reported that, if the General Plan Amendment is approved, it will be necessary to establish a new zone classification which will provide for commercial and light industrial projects within the same land use category The new classification will outline uses which will be permitted as well as development and performance standards The Planning Director stated the northeast corner containing the residence and church is not included in the application -8- Planning Commission Minutes June 1 1978 Chairman Van Allen asked if the applicant wished to speak. Mr Jim Christensen 3822 Campus, Newport Beach, representing the applicant, stated this is a problem piece of property because of its configuration which does not lend itself to total commercial use He stated the rear portion especially is a difficult shape to develop and to attract tenants He reported that based on staff's and their studies the combination of uses was selected as the most appropriate He stated the new zone classification will accommodate the entire site He felt the commercial and light industrial use is consistent with the Council's desires for the City He stated their plan is a concept only and dimensions of the lots are not known Chairman Van Allen asked if anyone wished to speak in support or in opposition No one wished to speak in favor or in opposition The Planning Director reported there are no tentative development plans for the northeast corner and the property owner wishes to retain the dwelling as his residence It was moved by Commissioner Friedmann and seconded by Commmissioner Mullen to approve General Plan Amendment #78-3 The motion unani- mously 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 GENERAL PLAN AMENDMENT NO. 78-4 - CITY INITIATED• Chairman Van Allen announced that this was the time and place for the public hearing to consider an amendment to the Land Use Element of the General Plan to change the existing dual classification of Retail and General Com- mercial and High Density Residential to the single classification of Retail and General Commercial on a 3 75 -acre parcel of land located at the northwest corner of Ball Road and Juanita Street The amendment was initiated by the City Council. He opened the hearing and asked for the staff report. The Planning Director presented Staff Report #78-24 dated May 25 describing the application He also presented a chronology of actions by the Planning Commission and City Council relating to the General Plan Amendment and Zone Change for the property He reported that after the Council failed to approve the Zone Change they initiated the General Plan Amendment to bring the General Plan designation and zoning into conformance Chairman Van Allen asked if anyone wished to speak in support or in opposition to General Plan Amendment ##78-4 No one wished to speak in support or in opposition It was moved by Commissioner Mullen and seconded by Chairman Van Allen to approve General Plan Amendment #78-4 as recommended by staff Commissioner Friedmann stated that disapproval by the Council has not changed the reasons for her previous vote of approval of the zone change Commissioner Mullen also stated he has not changed his mind regarding his vote of support for the combination develop- ment He stated he was disappointed in the Council's decision for the property He stated his motion did not represent a change of mind but was made to comply with the legal requirements The motion failed to carry by the following roll call vote. AYES 1 COMMISSIONERS: Mullen NOES: 4 COMMISSIONERS Adler., Friedmann, Partin & Van Allen ABSENT. 0 COMMISSIONERS: None -9- Planning Commission Minutes June 1 1978 It was moved by Commissioner Partin and seconded by Commissioner Adler to deny General Plan Amendment #78-4 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 Commissioner Adler asked if staff would present a status report on the residential commercial and industrial development which has occurred The Planning Director stated this information would be included in staff's annual planning status report which is submitted to the Commission, Council and State Planning office in the fall ADJOURNMENT Chairman Van Allen adjourned the meeting at 9 55 p m ATTEST. • 4/-)"t; AI2RMAN OF THE PLANNING COMMISSION SEC OF THE PLANNING COMMISSION TARY