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Minutes 1978-09-07MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD September 7 1978 The regular meeting of the Cypress Planning Commission was called to order at 6 40 p m on Thursday September 7, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue Cypress California, Chairman Robert Van Allen presiding PRESENT ABSENT Commissioners Adler Friedmann sullen, Partin and Van Allen None Also present were Brian Hawley, Planning Director Frank Dalesandro, Office Engineer Don Lamm, Assistant Planner, and John Murphy City Attorney PLEDGE OF ALLEGIANCE Commissioner Partin led the pledge to the flag MINUTES It was moved by Commissioner Friedmann, seconded by Com- missioner Mullen and unanimously carried to approve the minutes of August 17 ADMINISTRATIVE MATTERS. 1 Landscape Review Butler Housing, Tract No 9624 Chairman Van Allen announced that since the applicant was not present this item would be continued until later in the meeting 2 Design Review, Yamaha Research Center The Planning Director reviewed the map of the Yamaha facility with specific reference to the Research Center It was moved by Commissioner Mullen, seconded by Commissioner Partin and unanimously carried to approve Design Review for the Yamaha Research Center 3 General Discussion of Suggested Recycling Facility The Assistant Planner stated he had received correspondence from a firm in Arizona which manufactured and sold a machine called the Golden Goat, which is utilized as a recycling machine for aluminum cans The letter stated that normally these machines, which are 8' by 13' by 12' and weigh 3 900 pounds., are located in the parking lots of major shopping centers There was discussion by Commissioner Mullen and Chairman Van Allen regarding the probability of the machine becoming a collection point for dumping of trash and other objectionable material rather than the aluminum cans it is designed and intended for and it could become an eyesore for the tenants of the shopping center After some general discussion on the feasibility of the Golden Goat it was moved by Chairman Van Allen, seconded by Commissioner Fried- mann and unanimously carried to deny the request and receive and file the matter Commissioner Partin requested that the Golden Goat Company be noti fied of the Commission's action due to the fact they felt the machine would not be a benefit to the City of Cypress RECESS Chairman Van Allen called a recess at 7 00 p m The meeting was called back to order at 7 35 p m with all Commissioners present Planning Commission Minutes September 7 1978 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 PUBLIC HEARING RE REVIEW OF CONDITIONAL USE PERMIT NO 77-9 - CYPRESS FAMILY BILLIARDS Chairman Van Allen announced that this was the time and place for the public hearing to review Conditional Use Permit #77 9, an application initiated by the Planning Com mission for the purpose of reviewing and possible modification of Condition #1 of said Conditional Use Permit regarding the hours of operation for Cypress Family Billiards at 6287 Ball Road He opened the hearing and asked for the staff report The Planning Director presented Staff Report #78-37 dated August 25 and reviewed the two parts of the Conditional Use Permit, A and B, and stated there have been continuing complaints regarding loitering, disturbances and numerous Penal Code violations Mr Don Crates, 1002 Bernadette, Buena Park stated he agreed with the staff report He stated he did not oppose the business but did oppose the loitering and continual trash in the parking lot He favored limiting the hours of operation of the billiard parlor He stated that on several occasions the juveniles from Cypress Family Billiards came to the neighboring yards after it closed to continue their parties fighting and loitering and for this reason he favored earlier closing hours Mr Joe Seippel, 4053 Via Encinas Cypress owner of Alphabet Printing located in the shopping center, stated he supported the hour change but was unsure whether it was sufficient to control the loitering and other related problems Mr Doran Rolland Mad Platter Records, stated he did not feel limiting the hours of operation would be a fair solution to the owner or a solution to the problem He felt the greatest problem is the parking lot itself which is in a constant deplorable condi- tion and it discourages prospective customers Mrs Sadako Dawson, Sadako's Hair Design, commented on the fact that several of her patrons were frightened by the loitering juveniles and she favored limiting the hours Mr Ron Kaufman owner of the shopping center, stated he felt the greatest problem is the parking lot and he has received numerous complaints from the tenants about the lot He suggested that the owners of Cypress Family Billiards hire a uniformed guard to patrol the parking lot and he felt this would be an immediate solution to the problem Chairman Van Allen asked if anyone wished to speak in opposition to modification of the permit Mr Richard Warfield, co-owner of Cypress Family Billiards, stated reducing the hours would create a hardship and necessitate closing the business He stated he was willing to hire a security guard to determine if it would be beneficial in controlling the problem Commissioner Mullen stated he agreed that hiring a security guard would be most successful in controlling loitering in the parking lot He did not feel it was fair to the owner to restrict the hours of operation Commissioner Friedmann stated she opposed changing the hours of operation until another alternative such as the security guard has been tried for a period of time Commissioner Partin asked for a clarification on the authority of a uniformed security guard The City Attorney stated it was for the most part a psychological effect and that the guard would have no more authority than a citizen making a citizen s arrest. -2 Planning Commission Minutes September 7 1978 After some general discussion regarding the hours that would be required of the security guard, Mr Warfield commented that the guard would be necessary seven nights a week, and possibly at a later time this could be reduced to three or four nights depending upon the results of the trial period It was moved by Commissioner Mullen and seconded by Commissioner Partin that, contingent upon the operator's acceptance of the agreement a uniformed security patrol be provided a minimum time of between the hours of 8 00 p m and closing time every night of the week The motion carried by the following roll call vote AYES• 4 COMMISSIONERS• Adler, Mullen, Partin $ Van Allen NOES 1 COMMISSIONERS Friedmann ABSENT 0 COMMISSIONERS None Hearing no objections the Chairman continued the public hearing regarding C U P #77-9 to the October 5 meeting ADMINISTRATIVE MATTERS (Continued) 1 Landscape Review, Butler Housing, Tract No. 9624 The Planning Director presented his report Mr Richard Roy of Roy and Hogan Associates representative of Butler Housing, replied to questions by Commissioners Friedmann and Partin regarding the landscaping It was moved by Commissioner Mullen seconded by Commissioner Adler and unanimously carried to approve the landscape and irrigation plans for Tract 9624 as submitted RECESS• Chairman Van Allen called a recess at 9.20 p m The meeting was called back to order at 9 35 p m with all Commissioners present PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO C-211 - HYATT DIE CAST AND ENGINEERING CORPORATION• Chairman Van Allen announced that it was his understanding that both parties desired a continuance of the hearing Mrs Marian Glass 9210 Whitney Way Cypress, attorney representing several residents on Whitney Way, requested a continuance of the hearing until October 5 Mrs Carolyn Morello, 9230 Whitney Way, commented on a storm drain which runs between her home and Hyatt Die Cast which gives off an offensive odor Mr. Fred Glass 9210 Whitney Way asked to receive all correspondence sent out by the Planning Director with regard to Hyatt Die Cast Ms Mary Walker, attorney for Hyatt Die Cast, expressed appreciation for allowing the hearing to be continued Hearing no objections Chairman Van Allen continued the public hearing regarding C U P C-211 to the October 5 meeting PUBLIC HEARING RE. CONDITIONAL USE PERMIT NO. 78-18 - DELTA ENTER- PRISES• The Chairman announced that this was the time and place for the public hearing to consider a request to establish, operate and maintain a formal interior dining restaurant, including the on-site sale of alcoholic beverages, at 4498 Lincoln Avenue, and a convenience market including the off-site sale of alcoholic beverages at 4490 Lincoln Avenue He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-38 dated August 29 -3 Planning Commission Minutes September 7 1978 Mr Phil Charlton, representing Delta Enterprises, stated the proposed convenience food mart is a 3,000 square foot market which carries a full line of groceries with prices competitive with major markets in the area He presented a letter from the Casa Grande apartment complex in support of the application for both the rest- aurant and convenience market Mr Littleton Strong, President of Franchises for Convenient Markets, stated the convenient market is basically a grocery store with hours of 7 00 a m to midnight, and it would not be in competition with other convenience markets in the area Mr Strong reported that beer and wine sales account for about 10% of their business The Chairman asked if anyone wished to speak in support of C U P #78-18 No one wished to speak He asked if anyone wished to speak in opposition Ms Lisa Thompson, 4599 Blanca Drive, Cypress, voiced her opposi- tion to any additional liquor stores in the area Mr Abraham Vwich 4500 Lincoln, expressed concern over the number of convenience markets presently in the neighborhood and stated he strongly opposes the opening of any more markets The Planning Director presented correspondence from Mr Vwich voicing his opposition to approval of the C U P , Reverend Hallett 4510 Lincoln Avenue, expressing his opposition to any more markets in the area, Mr Lewis Morgen Planned Development Corporation, owner of the shopping center at the southeast corner of Lincoln and Denni voicing protest over the opening of a market in the area, and Mr Joe Seipple, representing the Casa Grande Apartments expres- sing their support for the Howard Johnsons Restaurant and the Convenient Market. It was moved by Commissioner Mullen and seconded by Commissioner Adler to approve Conditional Use Permit #78-18a for the establish- ment of a formal dining restaurant including the on-site sale of alcoholic beverages, subject to the following conditions. 1 The building elevations, floor plans and construction drawings shall be submitted for Planning Commission review and approval prior to this conditional use permit becoming effective and issuance of a building permit The archi tecture of the proposed Building D shall be compatible with the existing development within the surrounding area and the shopping center, of which it is a part, now under construction 2 The applicant shall comply with all regulations established by the State of California Department of Alcoholic Beverage Control 3 The restaurant shall be operated in a manner so as not to disturb local residents The hours of operation shall be subject to Planning Commission review and approval 4 All those original conditions of approval as required by the Planning Commission in their approval of the shopping center site plan and elevations shall apply to this Use Permit where applicable 5 Any service yard or outdoor storage area provided for the restaurant in Building D shall be completely enclosed with masonry walls and solid gates to prohibit the interior view by the public 4- Planning Commission Minutes September 7, 1978 The motion unanimously carried by the following roll call vote AYES• 5 COMMISSIONERS 4dler, Friedmann, Mullen, Partin & Van Allen NOES 0 COMMISSIONERS None ABSENT 0 COMMISSIONERS None It was moved by Commissioner Mullen and seconded by Chairman Van Allen to approve Conditional Use Permit #78-18b for the establish- ment of a Convenient Market including the off-site sale of alco- holic beverages The motion failed to carry by the following roll call vote AYES NOES ABSENT 2 COMMISSIONERS 3 COMMISSIONERS 0 COMMISSIONERS Mullen & Van Allen Adler, Friedmann & Partin None It was moved by Commissioner Partin and seconded by Commissioner Adler to deny Conditional Use Permit #78-18b The motion carried by the following roll call vote AYES NOES• ABSENT 3 COMMISSIONERS. 2 COMMISSIONERS 0 COMMISSIONERS• Adler, Friedmann & Partin Mullen $ Van Allen None RECESS The Chairman called a recess at 11 08 p m The meeting was called back to order at 11 20 p m with all Commissioners present PUBLIC HEARING RE CONDITIONAL USE PERMIT NO 78 19 COLLEGE PARK ANIMAL HOSPITAL Chairman Van Allen announced that this was the time and place for the public hearing to consider a request to add a 2 387 square foot addition to the existing College Park Animal Hospital located at 5839 Ball Road He opened the hearing and asked for the staff report The Assistant Planncr read Staff Report #78-39 dated August 29 describing the application Dr John F Iiardison stated the addition will be used for exam ination rooms lobby area and on-site living quarters for patients Chairman Van Allen asked if anyone wished to speak in favor or in opposition to the application No one wished to speak It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #78 19 subject to the following conditions. 1 The developer shall conform to all applicable provisions of the City Code 2 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 satis- faction of the City Engineer All on site drainage conveyed to the street shall be by means of an undersidewalk drain, per City of Cypress standards 3 A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be maintained and/or constructed along the north property line A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 ) -5- Planning Commission Minutes September 7 1978 4 A landscape and irrigation plan shall be submitted for review and approval by the Planning Commission, and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date Test results shall include concentration of nitrogen phosphorus, potas- sium, pH, salinity, sodium status and boron saturation extract 5 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 6 On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic X11 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 7 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 8 The quantity, location width and type of driveway shall be subject to the approval of the City Engineer An effec- tive sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrance with Ball Road 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 9 All new secondary and primary utility services shall be underground 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 Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards, should they be required 11 The proposed driveway on Ball Road shall be signed for 'Right Turn Only" for traffic exiting onto Ball Road A deed shall be recorded and shall be attached to the title for this property dedicating all exit rights to Ball Road from this development to the City of Cypress except for right turn movements from the proposed driveway 12 The following fees shall be paid a Engineering plan check and inspection fee (Per Resolution #1713 ) b Drainage fee (In accordance with Master Plan of Drainage ) c Sanitary sewer connection fee (Per Orange County Sanitation District No 3 Resolution #303 ) 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 -6- Planning Commission Minutes September 7, 1978 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 78-20 - MR EDWARD J. SIMMONS• Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to construct sixteen townhome condominiums on 1 31 acres of land at 9241 Walker Street He opened the hearing and asked for the staff report The Assistant Planner presented Staff Report #78-40 dated August 30 which described the application Chairman Van Allen asked if the applicant wished to speak Mr Abpenzeller, 11240 La Mirada, Whittier, partner of the appli- cant, stated he read the 21 conditions of approval and was in agreement The Planning Director recommended that Condition #3 be changed to read. "This definition and restriction shall be included in the CC $ R's governing this project to provide notice to future buyers that although the units are large they are still only designed as a single-family residence It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #78-20, including the variance, subject to the following conditions 1 The applicant shall modify his site plan to include a minimum three -foot -wide landscaped planter area along the westerly property line and eight guest parking spaces measuring 8' by 24' abutting this planter. 2 The existing public sidewalk along Walker Street shall be reduced to a maximum of six feet in width with on site landscaping extended to the back of the sidewalk, subject to City staff approval 3 This Use Permit is issued to a 16 -unit condominium project Due to the extremely large size of two particular units the applicant is reminded that these units may only be used for single-family purposes A family is described by the Zoning Ordinance as follows• FAMILY shall mean an individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than three (3) persons, excluding servants, who need not be related by blood marriage or adoption living together as a single housekeeping unit in a single dwelling unit This definition and restriction shall be included in the Conditions, Covenants E Restrictions governing this project 4 Conditional Use Permit #78-20 is contingent upon the approval by the City Council of Zone Change #78-8 and the recording of a Tract Map for the subject condominium project 5 The condominium buildings shall be constructed in accordance with Fire Zone II building requirements and the City's development standards which require individual utility con- nections and two one-hour fire wall separation between units 6 The developer shall conform to all applicable provisions of the City Code 7 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 -7- Planning Commission Minutes September 7, 1978 and drainage facilities provided for that property to the satisfaction of the City Engineer All on-site drainage conveyed to the street shall be by means of an undersidewalk drain, per City standard The inlet into existing storm drain may be used to drain parcel 8 A minimum six foot (6') high block wall measured from the highest adjacent grade, shall be maintained and/or con- structed along the north south and west property lines A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12") A six inch (6") concrete curb per City standards shall be constructed at a minimum dis tance of three feet (3') from the base of all block walls exposed to vehicular traffic 9 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 of 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 - rise Lane" signs shall be installed along the north and south drives per California Vehicle Code #22658 to the satisfaction of the City Engineer Building Superintendent and County Fire Marshal The developer of this project shall provide adequate speed con trol within the development to the satisfaction of the City Engineer Parking lot circulation shall be subject to the approval of the City Engineer 10 A landscape and irrigation plan shall be submitted for approval by the Planning Commission and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship The applicant shall maintain all existing trees on the subject property which will not be in conflict with new construction, subject to City staff approval A soils report for all planting areas, by a qualified agri- cultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity sodium status and boron saturation extract 11 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 12 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 City staff 13 The developer shall provide mailbox facilities for each residence to the satisfaction of the Public Works Director Planning Director and Postmaster 14 A copy of the Conditions Covenants F, Restrictions (CCF;R's) covering the development shall be submitted to the City staff and City Attorney for their review recommendations and approval to ensure the continuance maintenance applicability and enforceability of the CCF,R's so that the development will not become a liability to the City at a later date -8- 1 1 Planning Commission Minutes September 7, 1978 15 The minimum flowline grade concrete 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 16 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 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 intersections to the satisfaction of the City Engineer 17 All secondary and primary utility services shall be underground The street in front of this development shall be resurfaced with one inch (1") minimum thickness asphalt concrete from curb to centerline 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 18 Street lights shall be installed per City standards Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 19 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 20 Sewer laterals connecting existing houses at this property shall be plugged at the property line 21 The following fees shall be paid a Engineering plan checking and inspection fee (Per Resolution #1713 ) b Recreation and Parks fee (Per Cypress Subdivision Ordinance ) c Drainage fee (In accordance with Master Plan of Drainage ) d Sanitary sewer connection fee (Per Orange County Sani tation District #3, Resolution #303 ) e Developer's Tax (050 00 per unit ) f Advanced street light energy charges shall be paid by the developer 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 ORAL COMMUNICATIONS No oral communications were presented at this time ADJOURNMENT• The Chairman adjourned the meeting at 11 52 p m ATTEST Partin AIRMAN OF THE PLANNING COMMISSION SECRET,RY 0 THE PLANNING OMMISSION 9