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Minutes 1978-07-06MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD July 6, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6.35 p m. on Thursday July 6 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 Chairman Van Allen led the pledge to the flag EXECUTIVE SESSION The Chairman called an Executive Session at 6.36 p m to discuss matters of personnel The meeting was called back to order at 7 40 p m with all Commissioners present Mayor Don Hudson informed the Commission that the City Council had decided to absorb all City Commissions and would assume the functions of the Planning Commission beginning August 1 He acknowledged the fine service of the Planning Commissioners and thanked them on behalf of the City Council Councilwoman Evans also thanked the Commis- sioners for their service and encouraged them to remain involved in the community and to continue to provide input Hearing no objections Chairman Van Allen added Item #3 under Admin- istrative Matters regarding a progress report on Lloyd's Auto Repair MINUTES It was moved by Commissioner Partin, seconded by Commis- sioner Mullen and unanimously carried to approve the minutes of June 15. ADMINISTRATIVE MATTERS. 1 Design Review - The Country Kitchen Restaurant (continued) The Planning Director presented a report dated June 27 describing the plans and elevations for the Country Kitchen Restaurant located in the Summer Place Shopping Center at 4782 Lincoln Avenue which was approved under C.U.P. #76 18 Staff's only recommended change to the plans was to suggest wood shake roofing Staff recommended approval of the plans subject to three conditions Mr David Lawring, representing David Miller and Associates, the owner, stated it is a standard design building used throughout the country He stated the entryway on the street provides better visibility for the restaurant It was moved by Commissioner Friedmann seconded by Commissioner Adler and unanimously carried to approve design review for the Country Kitchen Restaurant subject to the following conditions 1 All conditions of approval of Conditional Use Permit No. 76-18 and Tract No 9624 shall be complied with where applicable Planning Commission Minutes July 6, 1978 2 All wall signing and freestanding signing is subject to Planning Commission review and approval prior to its installation 3 Wood shake roofing shall be utilized subject to City staff approval Mr. Lawring reported they hope to go to bid within the next 30 days and begin construction by mid August Chairman Van Allen asked if the applicant was present for Item #2 and the applicant not being present he continued this matter until later ORAL COMMUNICATIONS The Chair asked if anyone wished to speak in regard to any matter not on the agenda No one wished to speak PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 78-14 - LOWELL BERWICK. Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to allow establishment of an automotive radiator service at 5351 Lincoln Avenue He opened the hearing and asked for the staff report. The Assistant Planner presented Staff Report #78-30 dated June 30 describing the application Mr Lowell Berwick, 6150 Grenada, Cypress, stated he was in agree- ment with cleaning up and renovating the building and property He stated they will remodel, sandblast and re -stucco the buildings He questioned Conditions #4 regarding the landscaped planter Condi- tion #9 regarding undergrounding of utility service, Condition #10 regarding Watson Street public improvements, and Condition #14 re- garding handicap and wheelchair facilities. Commissioner Partin stated that he and the applicant are friends and that they have discussed the project and that he felt there was no personal conflict involved. The Planning Director responded to the applicant's questions on the conditions With regard to Condition #4, he stated he had no objec- tion to reducing the landscaped planter along the Lincoln Avenue frontage to a minimum of six feet which is the minimum allowed in the Lincoln Avenue Study based on the fact that the adjacent property to the west has a zero property line setback and a minimum six feet planter has been allowed for other properties in the past With regard to Condition #9, the applicant reported that electrical energy is supplied to both buildings from Watson Street The Public Works Director stated that if this is the case then the utilities would not be required to be underground Staff recommended leaving the condi- tion as is since there would be no problem if the condition is not applicable. The Planning Director stated it will have to be deter- mined whether a fire hydrant will be required on the property With regard to Condition #10, the Planning Director stated street improve- ments will be required at the time of development of all parcels on the west side of Watson Street and this is a standard condition. Mr. Berwick stated it would be extremely difficult to comply with this condition and he stated that since asphalt extends from his property to Watson Street there would be no problem with dust He reported he estimated the cost of street improvements at between $5,000 and $10,000 and stated this cost would be prohibitive to the project Commissioner Mullen suggested that bonding for the public improvements could be required The staff reported that the bond would equal the cost of the improvements With regard to Condition #14 the Planning Director reported that wheelchair and handicap 2 Planning Commission Minutes July 6, 1978 access facilities are a standard State requirement and that he was unaware whether the City planned to install these improvements in this area He reported the handicap facilities would consist of curb ramps and designation of handicapped parking spaces based on the building size The Planning Director suggested that the hearing be continued to the next meeting at 6 30 p m so that staff could investigate appli- cation of the conditions questioned by the applicant Chairman Van Allen suggested that the applicant also submit the building renovation plans at that time Chairman Van Allen asked if anyone else wished to speak on this matter No one wished to speak Hearing no objections, Chairman Van Allen continued the hearing re- garding Conditional Use Permit #78-14 to the July 20 meeting at 6 30 p m PUBLIC HEARING RE CONDITIONAL USE PERMIT NO. 78-15 - CHRISTIAN LIFE CENTER Chairman Van Allen announced that this was the time and place for the public hearing to consider a request for the estab- lishment of a church with associated day care educational facilities at 6400 Myra Avenue He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-29 dated June 27 which described the application Reverend Dan Gubitz, representing the applicant 8421 Chapman Garden Grove, corrected the hours of operation as listed in the staff report and stated the Sunday evening service will extend from 6 00 p m to 8.30 p m and the day care facility hours begin at 6.00 a.m. He reported they are leasing the facility from the School District He discussed with the Commission Conditions #5 regarding the parking area, #6 regarding the possibility of paving a new parking area, #7 regarding events such as fund-raisers and carnivals, #9 regarding street trees, and #10 regarding wheelchair and handicap access facilities Chairitan Van Allen stated that, since the church is leasing the property, if the property owner does not consent to any of the conditions, the conditions would not be imposed on the applicant. The Planning Director stated that with regard to Condition #6, if parking becomes a problem in the future, staff will approach the applicant and School District to work out a solution The Planning Director explained Condition #7 and the applicant stated the condition would present no problem Mr Hawley reported that if the Council determines to discontinue the street tree program, then Condition #9 would not be applicable He reported the handicap facilities are a State requirement The applicant stated there is a ramp to the multi-purpose room so they may have already complied with this condition. Reverend Gubitz reported that they would like to place a permanent trailer on the property to serve as the dwelling for a security guard, since they will have an elaborate set-up for the day care facility and because they encourage public use of the property He stated it would be placed near Buildings #15 and #18 The Planning Director suggested that if a trailer is to be permitted the location should be subject to the specifications of the Planning Director and identified on the plot plan and should meet the Building Code requirements relating to plumbing and electrical services He stated the trailer should also be adequately screened from adjacent areas Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application No one wished to speak Reverend Gubitz commented on the operation of the day care facility. The Planning Director confirmed that there are strict State require- ments governing items such as area per person, types of activities and meals for licensing of day care facilities Reverend Gubitz -3 Planning Commission Minutes July 6, 1978 reported that their lease agreement requires them to maintain the grounds He stated he would be willing to sign an agreement with the City to ensure that the grounds remain open for public use Mr Ken Hulse 5158 Cumberland Drive Cypress, stated he supported the proposal and felt it would fill a gap created by elimination of the Recreation and Park District child care program It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #78-15 subject to the following conditions 1 The turf sports field shall remain available for public utilization during those hours in which it is not being directly utilized by the Christian Life Center 2 Should any future sub -leases be proposed on the subject property, any new or additional uses other than those allowed by this Use Permit shall have Planning Commission review and approval prior to commencement 3 All future building and freestanding signing shall be subject to Planning Commission approval 4 The landscaping and open areas shall be maintained in a neat appearance and free of litter, subject to City staff approval 5 The existing asphalt parking area is in need of repair The applicant shall repair defects and seal the entire parking area subject to City staff approval 6 Should at any future date the Planning Commission and/or City Council declare a hazardous condition is being created by on -street parking from visitors to the subject property, an additional asphalt parking area shall be constructed The location and size of said parking area shall be determined by the Planning Commission and/or City Council in accordance with the Cypress Zoning Ordinance 7 The applicants shall abide by the Cypress Municipal Code at all times Exterior fund-raising events such as carnivals, sports activities, parking -lot sales and the like shall only take place in accordance with the City Code All necessary permits and approvals shall be obtained prior to any such activity occurring 8 The applicant shall maintain a current list with the office of the City Manager of the responsible individuals in charge of the public day -school facility 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 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 11 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 12 A mobile home may be located on the subject property for use by a resident security person The location and design of said mobile home shall be subject to the approval of the Planning Director All utility hook-ups for the mobile home shall be provided and shall meet the specifications of the City Building Code -4- Planning Commission Minutes July 6, 1978 The motion unanimously carried by the following roll call vote. AYES 5 COMMISSIONERS Adler, Friedmann Mullen Partin E Van Allen NOES. 0 COMMISSIONERS None ABSENT• 0 COMMISSIONERS None Chairman Van Allen closed the public hearing RECESS• The Chairman called a recess at 9 35 p m The meeting was called back to order at 9.50 p.m. with all Commissioners present PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 78-16 - FRANK LA BARBERA Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to allow the on- site sale of beer and wine at La Barbera's Restaurant located at 4143 Ball Road He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-28 dated June 26 describing the application for the restaurant which is located in the east wing of the Cypress Plaza Shopping Center located at the northeast corner of Bloomfield and Ball Road. Commissioner Mullen recommended that a condition be imposed which gives the Planning Commission continuing control over the hours of operation of the restaurant 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 It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #78-16 subject to the following condition 1 The Planning Commission shall retain jurisdiction over the hours of operation of this facility 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 hearing PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO 78-4 The Chairman announced that this was the time and place for the public hearing to consider a proposal to amend the Cypress Zoning Ordinance by adding Section 12 8, Planned Commercial/Manufacturing, which zone classification will provide for general commercial and selected light industrial uses to be established under a Planned Development Program He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-27 dated June 23 which transmitted the proposed amendment that would add the new zone classification which is being proposed as a special purpose zone He reported the new classification is patterned after the PC Planned Community Zone and is similar to the PRD Zone. Chairman Van Allen felt the title of the new zone was misleading by refering to manufacturing when the intent is to provide for light industrial uses The Planning Director suggested changing the title to read Planned Commercial/Light Industrial 5- Planning Commission Minutes July 6 1978 With regard to Section 12 8-5 A dealing with wall signing, Commis- sioner Mullen recommended that the amendment contain a provision that would allow the City Council or Planning Commission to make exceptions to the two signs/per use limitation in instances where a building has exposure to three public rights-of-way which are main thoroughfares The Planning Director stated exceptions could be handled through the variance procedure The City Attorney rec- ommended adding the following language to Section 12 8-5 A pursuant to Commissioner Mullen's suggestion "unless the Planning Director shall find, on the basis of the location of the building, its prox- imity to the type of street and other circumstances he deems appro- priate that more than two signs would be consistent with the design criteria established by this Ordinance". Commissioner Mullen stated he agreed with the proposed language Chairman Van Allen asked if anyone wished to speak in support or in opposition to Zoning Ordinance Amendment #78-4 No one wished to speak in favor or in opposition It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Amendment to the Zoning Ordinance No 78-4 subject to the change to Section 12 8-5 A as stated by the City Attorney and subject to the title change to read Planned Commercial/ Light Industrial 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 The Planning Director recommended that the Commission approve with- drawal of the application for Zone Change #78-7 since it was unknown when the applicant would be ready to file the development plan and subdivision map Ms Wilhemina Van Hunnick, 9141 Valley View Cypress stated she has not spoken with the developer and does not know when he will be ready to proceed The Planning Director recommended that the hearing be continued to the July 20 meeting and if necessary the application can be with- drawn at that time. Chairman Van Allen opened the Public Hearing regarding Zone Change No 78-7 and announced the proposal was to change the zone classi- fication of an approximately 10 -acre parcel of land situated on the westerly side of Valley View Street adjacent to the northerly side of the Southern Pacific Railroad right-of-way, from its current zone of CG -10 000 Commercial General to PCM Planned Commercial/ Manufacturing It was moved by Chairman Van Allen seconded by Commissioner Fried- mann and unanimously carried to continue the public hearing regarding Zone Change No 78-7 to the July 20 meeting ADMINISTRATIVE MATTERS: (Continued) 2 Sign Review - A -1-A Security, Northwest Corner of Lincoln and Walker. The Planning Director reported the applicant was not present and he recommended that the matter be continued to the next meeting Hearing no objections, the Chair continued the item to the July 20 meeting -6- Planning Commission Minutes July 6, 1978 3 Progress Report - Lloyd's Auto Repair, 4572 Lincoln Avenue The Planning Director reported that the Building Inspector in- spected the property and found that all conditions were satisfied It was moved by Commissioner Mullen seconded by Commissioner Partin and unanimously carried to receive and file the progress report Chairman Van Allen inquired about the status of the City's proposal for the elimination of non -conforming signs The Planning Director reported that staff completed its inventory of non -conforming signs and prior to any action being taken, the City Council requested to review the list and extent of non -conformity Chairman Van Allen expressed concern over the signing of the new business on Lincoln Avenue which occupies the former Moped Masters store The Planning Director reported the new business is engaged in the sale of used merchandise and is in violation of various sections of the City Code since it did not receive Council approval He stated staff is attempting to resolve the problem Commissioner Partin requested that the City of Buena Park be con- tacted regarding the visibility problem created by palm trees in the Valley View/Ball Road shopping center The Planning Director stated he would send a letter requesting that Buena Park correct the problem. ORAL COMMUNICATIONS No Oral Communications were presented at this time ADJOURNMENT• Chairman Van Allen adjourned the meeting at 10 37 p m ATTEST AIRMAN OF THE PLANNING COMMISSION SECETARY'0 T E PLANNI COMMISSION - 7-