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Minutes 1978-07-20MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD July 20, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6.40 p m on Thursday, July 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, Don Lamm Assistant Planner, and John Murphy, City Attorney PLEDGE OF ALLEGIANCE. The pledge to the flag was led by Commis- sioner Adler Hearing no objections, Chairman Van Allen added Item #3 under Admin- istrative Matters regarding a report to the City Council from the Planning Director on options relative to their assuming the planning functions, and Item #4 regarding approval of the minutes of July 6 The Planning Director stated the public hearings were advertised for 6 30 p m , not 7 30 p m as shown on the agenda Chairman Van Allen asked if any of the public hearing applicants were present None of the applicants were present and the Chairman stated the Com- mission would proceed with Administrative Matters ADMINISTRATIVE MATTERS: 1 Sign Review, A -1-A Security (Continued) The Assistant Planner presented the sign plans and a report dated June 27 which described the proposed signing program for A -1-A Security located on the northwest corner of Lincoln and Walker, the site of the former Shell service station The applicant proposed a double-faced freestanding sign using the existing 24 foot high pole, and wall signing to consist of two internally illuminated plexiglas signs 80 square feet in area, to be placed on the south elevation of the building above the garage doors The applicant h2.s already installed two wall signs, 25 square feet each on the false chimney. Staff recommended that the chimney signs be removed and that the wall signing be reduced to 40 square feet in area They also recommended that the self-service gasoline sales be iden- tified Mr Barney Peterson, the applicant, discussed the signing program with the Commission He stated he agreed with the conditions It was moved by Commissioner Mullen and seconded by Commissioner Partin to approve the signing program for A -1-A Security as pre- sented including the freestanding sign, wall sign and chimney signs, subject to the following original conditions and the additional condition that the design, color, text and size of lettering of the wall sign shall be subject to approval by the Planning Director Commissioner Friedmann stated she agreed with staff's recommenda- tion to eliminate the wall sign and she stated the property is open and the pole sign and chimney signs should provide adequate identi- fication for the business Planning Commission Minutes July 20, 1978 The motion carried with Commissioner Friedmann voting no The conditions of approval were as follows 1 The subject sign shall not rotate blink, flash or be animated in any fashion 2 Due to the lack of any landscaping on the subject property, a minimum 150 -square -foot landscaped area shall be installed at the base of the sign to prohibit vehicular damage, subject to City staff approval 3 Banners, flags, pennants, window signing and similar type advertising are prohibited, except where allowed by ordinance upon the Planning Director's approval for grand openings and sale promotions 4 The subject sign shall not encroach upon or overhang the public right-of-way 5 The entire asphalt area shall be sealed to retard further deterioration 6 The gasoline pumps must be available to the public during normal business hours, with pricing and hours of operation displayed in accordance with State law 7 The wall sign facing area, lettering size and design are subject to City staff approval 2 Parcel Map No 78-2 Northeast corner of Valley View and Ball Road - The Southern California Edison Company. The Planning Director presented the parcel map and a report dated July 13 indicating the Edison Company proposed to combine three lots into two at the Marion Substation facility, which will allow the Edison Company to sell the excess property (Parcel #2) Parcel #1 will be retained to house the substation facility, and the older, single-family dwelling and detached garage on Parcel #2 will be demolished Staff recommended approval of the parcel map subject to five conditions Commissioner Friedmann asked why Conditions #3-5 were being imposed The Planning Director stated staff felt satisfaction of these condi- tions was necessary for ultimate development of Parcel #2 and the conditions were attached to the parcel map since they could not be required for a building permit for any use which would be permitted without a conditional use permit He stated staff was uncertain whether a fire hydrant would be required on the property. Mr Jim Sumrow, representing the Southern California Edison Company, 6692 Beach, Buena Park stated they agree with the conditions except for #4 regarding the fire hydrant He reported there is an existing fire hydrant about 150 feet east of the southeast property line of their property He stated Parcel #2 probably will be assembled with the vacant parcel to the east for one development and the existing hydrant could serve this development The Planning Director reported that the Fire Marshal's office had no comments regarding the proposed parcel map and therefore a fire hydrant probably would not be required It was moved by Commissioner Mullen seconded by Commissioner Partin and unanimously carried to approve Parcel Map No 78-2 subject to the following conditions. -2- Planning Commission Minutes July 20, 1978 1 The existing non -conforming single-family dwelling and detached garage located on the proposed Parcel #1 and #2 shall be demolished and completely cleared from the land prior to the record map being signed by the City and recorded with the County of Orange The existing well shall be sealed to the satisfaction of the Building Superintendent and City Engineer 2 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 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 accor- dance with Orange County Sanitation District No 3, Resolution No 303 3 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 4 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards Sewer later- als connecting existing houses at this property shall be plugged at the property line. 5 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 Chairman Van Allen continued Administrative Matters #3 and 4 until after the public hearings 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 CONDITIONAL USE PERMIT NO 78-14 - LOWELL E BERWICK (CONTINUED). Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a request to allow the establishment of an automotive radiator service at 5351 Lincoln Avenue in the CH -10,000 Commercial Heavy Zone He opened the hearing and asked for the staff report. The Assistant Planner reported that following the last meeting the applicant met with the planning and engineering staff to discuss the conditions of approval It was determined that a fire hydrant would not be required on the property (Condition #9) that only on-site handicapped facilities would be required (Condition #14), and there is adequate lighting on the property so the street light requirement can be deleted from Condition #9 Staff recommended that Condition #10 be imposed regarding street improvements. Condi- tion #4 was previously modified to allow a minimum six -foot -wide landscaped planter along Lincoln Avenue -3- Planning Commission Minutes July 20, 1978 Mr. Lowell Berwick, 6150 Grenada, Cypress, stated the engineer's estimate for the cost of sidewalks and gutters was about $8 000 and he could not perform this work at this time if the buildings are to be upgraded as he planned He reported he has spent about $4500 in the last two months for removing the underground storage tanks, for repaving, and for performing electrical and plumbing work in one of the buildings. Mr. Berwick stated he requested the garage opera- tor on the property to clean up the yard and limit the number of cars which he works on Mr Berwick presented preliminary renovation plans and described the proposed improvements He reported he in- tended to combine the two front buildings into one building and place a mansard roof above the existing roof line to connect the buildings, and to restucco all three buildings and provide new siding The City Attorney advised the Commission that they lack the auth- ority to waive the requirement for off-site improvements Commissioner Adler asked if the improvements could be made in stages to lessen the financial burden to the applicant The staff indi- cated this was possible if the applicant bonded for the improvements Chairman Van Allen asked if anyone wished to speak in favor of the conditional use permit. Mr James Duncan, 9787 Rome, Cypress, stated he favored having the new business in the City and asked that the Commission provide whatever assistance it can and not discourage the businessman by placing a great financial burden on him Commissioner Partin felt the Commission should not require the building renovation at this time since it was not part of the ori- ginal conditional use permit application Chairman Van Allen asked if anyone wished to speak in opposition to the conditional use permit No one wished to speak in opposition Mr Berwick stated they have the funds for the renovation and are prepared to perform the work but they cannot afford the public improvements at this time He requested that the Commission recom- mend a waiver of the public improvements to the City Council and stated that he will approach the Council for the waiver It was moved by Commissioner Partin and seconded by Commissioner Adler to approve Conditional Use Permit #78-14 subject to the following conditions 1 All buildings on the subject property shall be painted as necessary to eliminate peeling paint and faded wall signing, subject to City approval 2 Legal size parking stalls shall be painted with access drives provided to the auto repair garage subject to City staff approval Only those vehicles left for repair may be kept on the premises in delineated parking spaces Storage of junked, wrecked or inoperative motor vehicles is prohibited on the property or adjoining City streets All vehicle repair by the garage or radiator business shall be conducted within the buildings 3 All buildings shall be brought into conformance with the Uniform Building, Electrical and Plumbing Codes The Fire Marshal shall inspect the premises, whereupon any hazardous conditions shall be corrected by the property owner prior to occupancy of the radiator business -4- Planning Commission Minutes July 20, 1978 4 A minimum six -foot -wide landscaped planter shall be installed along the entire Lincoln Avenue frontage, with the exception of driveway areas A landscape and irrigation plan shall be reviewed and approved by staff prior to installation of any landscaping 5 The Planning Commission shall determine the need for screen fencing along Lincoln Avenue should it be deemed necessary 6 All existing signing shall be brought into conformance with the Zoning Ordinance The Planning Commission shall review and approve all future freestanding and building signing prior to their installation. 7 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 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") 9 All secondary and primary utility services shall be underground 10. Watson Street shall be fully improved with curb gutter, sidewalk driveway, paving, etc in accordance with the Master Plan of Streets and Highways The corner cutoff shall be dedicated to the City of Cypress for roadway purposes. 11 The minimum flowline grade in streets 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 A Certificate of Occupancy shall not be issued for this devel- opment until all landscaping and irrigation is completed in accordance with plans and specifications as approved by the Planning Department 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 13 The quantity, 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 Watson Street No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer 14. Wheelchair and handicap access facilities shall be installed on-site in accordance with State of California and City of Cypress Building Department standards -5- Planning Commission Minutes July 20, 1978 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 adequately screened from public view, subject to the approval 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 The Planning Director stated the action of the Planning Commission may be appealed to the City Council within 15 days. He stated he would advise Mr Berwick of the appeal procedures Chairman Van Allen closed the public hearing ZONE CHANGE NO. 78-7 (CONTINUED)• Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a City -initiated proposal to change the zone classification 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 He opened the hearing and asked for the staff report. The Planning Director reported that the applicant has not submitted the necessary documentation for the proposed zone change and they should be ready to file the necessary documents in about two weeks. He reported that minor modifications to the plans were necessary consisting of adjustments in the lot lines Staff recommended that the application be withdrawn, and they noted the zone change was initiated by the City. Chairman Van Allen asked if anyone wished to speak in support or in opposition to the proposed Zone Change No one wished to speak It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve the withdrawal of the application for Zone Change No 78-7 ADMINISTRATIVE MATTERS. (Continued) 3. Consideration of Staff Report to City Council Re: Options Available for Processing of Planning Matters by the City Council The Planning Director stated a report dated July 20 was transmitted to the Planning Commission on the above matter The staff recom- mended Option A Commissioner Mullen reported that he received calls from several residents regarding the Council's proposal to eliminate City Com- missions and that he and the other residents would attend and discuss this matter at the July 24 Council meeting. The Planning Director described the staff's and Council's activities and cost savings relating to Option A Commissioners Van Allen and Friedmann felt that if an applicant disagrees with the findings of the Design Review Committee and appeals to the City Council, then the appeal should be without a fee The Planning Director stated that the suggested fee would be nominal to cover the cost of paper work It was moved by Chairman Van Allen, seconded by Commissioner Friedmann and unanimously carried to receive and file the repot -6- Planning Commission Minutes July 20, 1978 4. Consideration of Approval of Minutes of July 6 RECESS. Chairman Van Allen called a recess at 8.38 p m to allow the Commissioners an opportunity to read the minutes The meeting was called back to order at 8:45 p m with all Commissioners present It was moved by Commissioner Mullen, seconded by Commissioner Adler and unanimously carried to approve the minutes of July 6 The City Attorney stated that the minutes of this meeting (July 20) would be transmitted to the Planning Commissioners for their review and input and the Planning Director, as Secretary, would sign them and submit them to the City Council with a note that this was the last Commission meeting and no formal action on the July 20 minutes was taken by the Commission ORAL COMMUNICATIONS• Mr James Duncan, 9787 Rome, Cypress, stated he appreciated being able to attend the Commission meetings and participate with the Commission and he wished the Commissioners luck ADJOURNMENT Chairman Van Allen adjourned the meeting at 8 50 p m ATTEST. RMAN OF THE PLANNING COMMISSION II • SECRERY OF HE PLANNING COMMISSION 1