Minutes 1978-08-03MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
August .3, 1978
The regular meeting of the Cypress Planning Commission was called
to order at 6 38 p m on Thursday, August 3, 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 Don Lamm, Assistant Planner, Art Schatzeder,
Public Works Director and John Murphy City Attorney
PLEDGE OF ALLEGIANCE Commissioner Adler led the pledge to the flag
At staff's request and hearing no objections, Chairman Van Allen
added under Administrative Matters Item #3 regarding design review
of revised plans for the commercial shopping center at the southwest
corner of Lincoln and Denni, and Item #4 regarding a report on
Cypress Family Billiard Parlor
ADMINISTRATIVE MATTERS
1 Tentative Tract Map No 9412 - Southeast Corner of Orange
Avenue and Denni Street, J M Peters Company
The Assistant Planner presented the tentative tract map and read
Staff Report #78-31 dated July 27 describing the proposed subdivision
of a 19 32 -acre parcel located at the southeast corner of Orange and
Denni into 94 single-family residential lots Staff recommended
approval of the map subject to 13 conditions
In response to a question from Commissioner Adler, the staff reported
Denni Street adjacent to the subject property would be widened to
84 feet, the same width as exists south of the property Staff com-
mented on the number of school age children which may be generated
from the subdivision and estimated about 120 to 130 students
They indicated that the additional enrollment could be accommodated
at Arnold School by fall of 1979 Staff reported that the seven
foot wall height was recommended for tract perimeter walls and this
corresponds with the latest Zoning Ordinance amendments Staff
reported that the developer will move the traffic signal back
to its ultimate location In response to a question from Chairman
Van Allen regarding possible danger from the Texaco storage tanks,
the Public Works Director reported that the dyke around each tank
can accommodate the contents of each tank, and the oil in the tanks
is of a jelly-like consistency Chairman Van Allen recommended
that the future homeowners be provided with notification of the
permanent nature of the storage tank facility The City Attorney
recommended that the State Real Estate Commissioner be requested to
include in the final subdivision report the following language.
"the property is bounded on two sides by an oil tank storage facility
and there is no present indication that the facility will cease
operations in the foreseeable future" Chairman Van Allen requested
that this wording be added as Condition #14
Chairman Van Allen asked if the applicant wished to speak
Planning Commission Minutes August 3 1978
Mr Jim Peters, the applicant, stated changing the layout of the
tract by extending the cul-de-sac streets through to Denni would
present a traffic problem in having access so close to the inter-
section of Orange and Denni He stated the homes will be constructed
in the summer of 1979 and therefore no children will be generated
in this school year He agreed with providing notification to the
prospective home buyers regarding the tank farm in the real estate
report Mr. Peters stated he agreed with the conditions recommended
by staff
It was moved by Commissioner Mullen, seconded by Commissioner Partin
and unanimously carried to approve Tentative Tract Map No 9412
subject to the following conditions•
1 Prior to the issuance of building permits, plot plans and
elevations shall be submitted for all proposed units, in
accordance with the Design Review provisions of the Zoning
Ordinance
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 Recreation and Parks fees shall
be paid in accordance with the City Subdivision 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 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 The sanitary sewer
assessment fee shall be paid by the developer per the sewer
reimbursement agreement
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 A retaining wall per
City of Cypress standards shall be constructed at the prop-
erty lines where the grade difference is greater than twelve
inches (12") All lots shall have a slope gradient between
one percent (1%) and three percent (3%) from rear lot line
to the street
4 All secondary and primary utility services shall be under-
ground Street lights shall be installed per City standards
Street name signs and traffic signs 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 check and inspection
by the City's Engineering Division, subject to plan checking
and inspection fees 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
The developer shall provide mailbox mounting facilities for
each residence to the satisfaction of the Public Works Director
Planning Director and Postmaster
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Planning Commission Minutes August 3 1978
5 Orange Avenue, Denni Street, and all interior streets shall
be dedicated and fully improved with curb gutter, sidewalk,
driveway paving, etc , in accordance with the Master Plan of
Streets and Highways An eight -foot (8') PCC bike trail with
landscaping and irrigation system shall be installed on the
south side of Orange Avenue and the east side of Denni Street
to match existing improvements, to the satisfaction of the
City staff Cul-de-sac streets shall have a total right-of-
way width of forty-eight feet (48') with an additional six-
foot (6') wide walkway tree planting and public utility
easement on each side of the street Each cul-de-sac shall
have a property line radius of forty-four feet (44') with an
additional six-foot (6') wide walkway tree planting and
public utility easement on each side of the street Other
interior streets shall have a total right-of-way width of
fifty-two feet (52') with additional six-foot (6') wide
easements and the two entry streets shall have a total right-
of-way width of sixty-two feet (62') with additional six-foot
(6') wide easements Curb returns at the intersections of
both interior streets with Denni Street and Denni Street with
Orange Avenue shall have a radius of thirty-five feet (35')
The corner cutoff at Orange Avenue and Denni Street shall be
dedicated to the City of Cypress for roadway purposes Denni
Street shall have a total right-of-way width of eighty-four
feet (84') and Orange Avenue shall have a total right-of-way
width of eighty-eight feet (88'), with forty-eight feet (48')
of dedicated right-of-way on the south side of the street.
Location of the curb line on Denni Street and Orange Avenue
shall be as directed by the City Engineer
6 Street structural sections shall be based on the recommendation
and soils report prepared by an engineering firm acceptable
to the City Engineer, with street structural sections to be
determined by using an applicable T I (Traffic Index) The
minimum flowline grade in streets shall be 0 20o 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
7 Street trees (15 gallon) shall be installed at each lot 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
Additionally screen landscaping shall be installed along the
east and south tract boundary lines The developer shall
install either Cypress leylandia or Eucalyptus polyanthemos
trees, minimum five (5) gallon size, ten to fifteen feet
on center.
8 A landscape and irrigation plan shall be submitted for off-
site landscaping along Denni Street and Orange Avenue, subject
to City staff approval 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 agricul-
tural 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 designed, and to guarantee maint-
enance 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 develop-
ment until all landscaping and irrigation is completed in
accordance with plans and specifications as approved by the
Planning Commission
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Planning Commission Minutes August 3 1978
9 A minimum seven -foot (7') high block wall measured from the
highest adjacent grade, shall be constructed along the north
south, east and west tract boundary lines
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 The existing traffic signal on the southeast corner of Denni
Street and Orange Avenue shall be completed to its ultimate
design by the developer
12. The two existing landmark trees located on the subject prop-
erty shall be retained to the maximum extent possible Trees
which are to be retained shall be inspected by a qualified
tree specialist and shall be trimmed and topped as necessary
A report on the condition of the two trees and the steps
necessary for their preservation shall be filed for review
by the City staff
13 All lots within the subdivision shall be provided with mini-
mum areas of 6,000 square feet
14 The Real Estate Commissioner's Report on this subdivision
shall contain a notice indicating the location of the Texaco
Tank Farm as being adjacent to the subdivision and the fact
that the tanks will remain on their site indefinitely
2. Design Review - Commercial Shopping Center at the Northwest
Corner of Ball Road and Juanita Street Reynolds Development
Company
The Assistant Planner summarized a report dated July 31 and pre-
sented the plot plan and a colored rendering for the proposed
25,000 square foot retail commercial shopping center to be located
on 3 7 acres in the CG -10 000 Zone He reported the Public Works
Department recommended two additional conditions one relating to
the most northerly driveway on Juanita Street and the other relating
to the main driveway entrance and parking design on Ball Road He
explained these two conditions on the plot plan.
Commissioner Adler noted that left turns onto Ball Road are permitted
from the adjacent Skateway driveway while left turns are prohibited
from the driveway serving the proposed drive-thru restaurant and he
felt this may create traffic conflicts The Public Works Director
stated it would be difficult to enforce no left turns from the new
drive-thru restaurant driveway and he agreed it was an undesirable
situation
Mr Jerry Reynolds the applicant, stated they would like approval
of the total site plan because they have a short time frame and
would like to proceed with the project He stated they are very
desirous of having two restaurants and the site plan may be revised
later to accommodate one or two restaurants He stated if they are
unable to get restaurant commitments then they'll develop additional
retail buildings He asked that the redesign of the entrance off
of Ball Road be delayed until the restaurant plans are submitted
so that the redesign can suit the tenant Mr Reynolds reported
they are submitting their plans to about 60 dinner house/cocktail
restaurants He reported they have no tenants as yet for the center,
and they would like tenants which do not already exist in the area
Mr Reynolds stated the design of the center being set back consid-
erably from Ball Road, was intentional and they wanted something more
than the usual retail front and they hoped the center would include
specialty shops where persons could browse Mr. Reynolds discussed
the development plans and design of the center with the Commission
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Planning Commission Minutes August 3, 1978
He reported they are negotiating with a pre-school which they plan
to locate in a separate building at the northeast corner of the
property Mr. Reynolds stated he did not object to Condition #16
since the plans probably will be changed with regard to the rest-
aurants The staff reported that the restaurant plans will be
subject to Design Review and the conditions may be modified if the
plans are revised
It was moved by Commissioner Mullen, seconded by Commissioner
Friedmann and unanimously carried to approve Design Review for the
commercial shopping center at the northwest corner of Ball Road and
Juanita Street subject to the following conditions•
1. The development of the subject property shall be in substan-
tial conformance with the plot plans and elevations submitted
with this request and as reviewed and approved by the Planning
Commission
2 Plans for the proposed signing program shall be submitted for
review and approval in accordance with the specifications of
the Design Review section of the Zoning Ordinance Plans for
the proposed landscape and irrigation systems to be employed
in this project shall be submitted for review and approval
in accordance with the provisions of the Design Review section
of the Zoning Ordinance.
3 A bond shall be posted by the applicant to guarantee maint-
enance of the irrigation system so that it operates in the
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 City staff
4 A grading plan shall be submitted for approval and the drainage
shall be solved to the satisfaction of the City Engineer
All required drainage fees shall be paid in accordance with
the requirements of the Master Plan of Drainage
5. Street lights shall be installed in accordance with City
standards and advanced street light energy charges shall be
paid by the developer All required street improvements
shall be installed adjacent to the subject property along the
northerly side of Ball Road and the westerly side of Juanita
Street in accordance with the Master Plan of Streets and
Highways and the specifications of City staff
6 Plan checking and inspection fees shall be paid in accordance
with City of Cypress Resolution No 1713 Sanitary sewer
connection fees shall be paid by the developer in accordance
with the requirements of Orange County Sanitation District
No 3
7 All necessary fire hydrants and fire prevention requirements
of the Orange County Fire Marshal shall be provided
8. On-site security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic
9 Wheelchair and handicap access facilities shall be installed
on-site and off-site where required in accordance with State
of California and City of Cypress Building Department standards
10 Development of the project shall conform to the requirements
of the Building Code where applicable for the fire zone and
occupancy of the buildings proposed
11 All primary and secondary utilities serving this project
shall be installed underground
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Planning Commission Minutes August 3, 1978
12. All roof -mounted equipment, such as heating and air condi-
tioning units shall be adequately screened from public view
subject to the approval of City staff In order to mitigate
any adverse conditions, noise bafflers may have to be con-
structed to reduce the intrusion of noise from mechanical
equipment mounted outdoors This shall be accomplished to
the specifications of City staff.
13 The developer shall conform to all applicable requirements
of City Codes and Ordinances
14 Since the City has an excess of eight feet in width along
the westerly line of Juanita Street, the applicant should
initiate proceedings for the vacation of this excess right-
of-way with the exception of necessary corner cutoffs that
may be necessary to the specifications of the City Engineer
15 The most northerly driveway providing direct access to
Juanita Street shall be eliminated
16 The on-site access and parking design between the main drive-
way entrance from Ball Road and proposed drive-through
restaurant shall be revised to the specifications of the
City staff
3 Design Review - Revised Plans for Commercial Shopping Center
at Southwest Corner of Lincoln Avenue and Denni Street
The Assistant Planner reported that the developer of the center at
the southwest corner of Lincoln and Denni was requesting approval
of revised site plans He presented the revised plans and described
the proposed revisions which included an extension on the east end
of Building C to accommodate a convenience market and elimination
of Building D, which amounted to about 22,000 square feet A new
Building D is proposed at the northeast corner of the property, con-
sisting of about 6,000 square feet, to house a Howard Johnsons
restaurant. He reported the applicant will be filing for a C.U.P.
for the restaurant and convenience market in about two weeks He
reported the foundations have been poured for Buildings A, B and C
The applicants indicated that a lease has been executed for the
Howard Johnsons restaurant He reported that the parking area also
has been redesigned The Assistant Planner reported that the grade
of the subject property matches the grade of the adjacent property
to the west but he was unaware whether a formal agreement between
the owners was signed for reciprocal access
It was moved by Commissioner Mullen, seconded by Commissioner Adler
and unanimously carried to approve Design Review of the revised
site plans for the commercial shopping center at the southwest
corner of Lincoln Avenue and Denni Street
4 Staff Report on Cypress Family Billiard Parlor - 6287 Ball Road
The Assistant Planner reported that, because of on-going police
problems experienced with the operation of Cypress Family Billiards
since January of this year, staff was requesting that the Commission
set a public hearing to consider Conditon #1 of the C U P relating
to the hours of operation He reported that since January 1 there
have been over 52 Police calls and 43 arrests, and 73% of the police
calls were after 8 00 p m
The City Attorney reported that, based on staff's review of the
operation, staff did not find grounds for revocation of the permit
as there were no violations of the permit Since the Commission
retains on-going jurisdiction over the hours of operation, staff
recommended that a hearing be held to consider possible modification
of the hours of operation in order to reduce the problems. The
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Planning Commission Minutes August 3 1978
City Attorney stated the hearing would be restricted to consideration
of Condition #1 based on the absence of violations and the Commis-
sion could not take action to revise any of the other conditions.
He stated if violations are identified during the public hearing
discussion, then the Commission may set another public hearing to
consider the other conditions
It was moved by Chairman Van Allen, seconded by Commissioner Fried-
mann and unanimously carried to schedule a public hearing for
September 7 to consider Condition #1 of Conditional Use Permit
No 77-9, Cypress Family Billiards
ORAL COMMUNICATIONS There were no oral communications presented
at this time
ADJOURNMENT Chairman Van Allen adjourned the meeting at 7.56 p m
ATTEST
SECRE
RY
OF E PLANNINe COMMISSION
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MA OF THE PLANNING COMMISSION