Loading...
Minutes 87-11-30 / /- / ,~- 'ilJ. 95 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 30, 1987 Mayor Arnold called the adjourned regular meeting of the Cypress City Council to order at 5:30 p.m. on Monday, November 30, 1987, in the Administrative Conference Room of the City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: Councilmembers Davis, Kanel, Mullen and Arnold ABSENT: Councilmember Coronado At this time, oral interviews were conducted to select members to serve on the Cable TV Commission. RECESS: At 7:05, Mayor Arnold recessed the meeting. The meeting was called back to order at 7:15 p.m. in the Council Chambers. All Councilmembers present excluding Councilman Coronado and the City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff member Chuck Thistlethwaite. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Mullen. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-23/DESIGN REVIEW COMMITTEE NO. 87-44. RETAIL CENTER. MINI-STORAGE UNITS. AND THE SALE OF ALCOHOLIC BEVERAGES. 5892 LINCOLN AVENUE/9105 VALLEY VIEW STREET: Mayor Arnold declared the public hearing open. The City Manager recapped the staff report dated November 25, 1987 which indicated at the regular City Council meeting of November 23, 1987, this item was continued to November 30, 1987. The applicant is seeking approval of a Conditional Use Permit for Phase II of his overall project consisting of a retail center and mini-storage facility. Two proposed commercial establishments in Phase I which will sell alcoholic beverages also require Conditional Use Permit approval. Phase III of the retail center, to be located on the site of the existing Sizzler restaurant, is a permitted use which requires Design Review approva 1 . Mayor Arnold invited the applicant to step forward. Mr. Herbert M. Andrews, 18025-K Skypark East, Irvine attempted to define the main issues of his application and requested Council direction as to which of the issues they would like to address. Mayor Arnold suggested addressing Phase II as some Councilmembers had expressed their objections to the mini-storage portion of this project. Mr. Andrews provided some additional information on the items he would be discussing to assist in clarifying the application. The three major issues appear to be the color, mini-storage units and off-site liquor license. He further advised that he had two brokers from Coldwell Banker, Ms. Diane Hamlin and Mr. Perry Wickens who would be available to answer any specific questions concerning all the marketing efforts that have been made to date. He further advised that the mini-storage could be reduced in size or abandoned altogether in order to have a major tenant as part of the project, then small tenants would readily follow which will alleviate the level of risk. After further discussion, Councilman Mullen stated he was not adverse to mini- storage and in terms of the plan presented, mini-storage would provide as high a utilization of the property as could be expected and it would be difficult to arrive at a better alternative at this time. Councilman Davis responded that he had a short, maybe three minute telephone conversation with Mr. I Andrews this past week and pointed out that this is a public hearing and has been continued, for the record, and he is interested in what is best for that area. Councilman Kanel stated that, far the record, he had also been contacted by Mr. Andrews. Mr. Andrews explained that they need the use permit for the retail and mini- storage and if Marshalls and Nissan become tenants, they would want some mini- storage in the back otherwise there would be property that could not be used. 1 ! ~ ~t) City Council Minutes November 30, 1987 Councilman Kanel remarked that same of the Councilmembers have indicated they do not want mini-storage in the back. and he did not have a problem with the color design in Phase I. The City Attorney explained that the reason this application is before the Council is because of the mini-storage. The staff merely reported their positive recommendation, recognizing it is the policy of the Council that counts and the facts have been presented to Council. The applicant is entitled to certain uses without a use permit but mini-storage is not one of ........ them and a finding must be made that the use will not be detrimental to the health, safety or welfare or materially injurious to properties or improvements in the vicinity. Councilman Kanel stated he believed there is less money for the City because of the mini-storage and opted for a decision or a vote. Mayor Arnold asked if anyone wished to speak in support of the application. Mr. Eddie Shelldrake, 2009 Los Lanas Lane, Fullerton, stated he understood the design colors on the first stage of the development were acceptable and desired a retail center in Phase II rather than the used car lot and urged the Council to grant the conditional use permit. Ms. Diane Hamlin-Jenson, 6601 E. Ocean Blvd., Apt. 5, Long Beach advised she has been working on this project since August and had been diligent in her efforts to bring in anchor tenants. She believed that retail could not be successfully leased if it were in the back; retail is location and visibility. She further advised that if Marshalls does come in, the mini-storage unit would be lessened but there will always be mini-storage. Mayor Arnold asked if anyone wished to speak in opposition to the application. Mr. Gordon Mullens, 9340 Pecan Street, Cypress, representing the next door "'- Nissan dealership, stated he has lived in the community for 26 years and had just recently purchased the Nissan dealership. Mr. Andrews stated that there are very few options available for this deep property and mini-storage was a good option. He further advised staff has been very concerned about the quality of environment in the community, the Lincoln Avenue corridor and a tremendous amount of time has been spent with them. He further advised these are two separate developments that will never be linked together and it was his original objective to acquire the entire corner and master plan the development. It was moved by Councilman Mullen to close the public hearing. The motion expired due to a lack of a second. Councilman Kanel asked Mr. Andrews if he could do a complete commercial center and suggested this matter be continued to one more meeting for a decision from the full Council. Councilman Mullen expressed his approval of the project. The real issue is: does the Council want to allow the redevelopment of aging properties. He further advised that on a parcel of this configuration, a viable retail use won"t be found and mini-storage is a neutral use. After further discussion, Mr. Andrews requested approval of the conditional use permit for mini-storage and retail, as he does foresee some mini-storage 11"'"'''' on the site plan to maximize the use of the land. It was moved by Councilman Davis and seconded by Councilman Mullen to close the public hearing. Councilman Kanel objected to closing the public hearing and after some discussion, Councilman Davis withdrew his motion and Councilman Mullen withdrew his second. It was moved by Councilman Mullen to close the public hearing and approve conditional use permit 87-23 and receive and file Design Review Committee 87- 44, subject to conditions recommended by staff. The motion died to lack of a second. 2 City Council Minutes November 30, 1987 97 It was moved by Councilman Kanel to continue this matter to the Council meeting of December 14 and in response to Councilman Kanel, the City Attorney advised that the conditional use permit could be continued, action could be taken to grant a portion of the C.U.P. and deny part of it, or to approve or disapprove the design review. After further discussion, the City Manager recommended that the entire issue be continued far further clarification in a staff report because of the complexity of the combined issues sa the Council is aware of what they approved in each segment. The City Attorney advised that the applicant's consent must be obtained and if there is no consent, then it should be denied. Councilman Kanel stated that in his discussion with the applicant, he was not only concerned with the color issue but also with the fact that the Council was being asked to approve a liquor outlet without knowing the individual applicant. Councilman Kanel further indicated that it would be beneficial to allow additional time far the developer to obtain a major anchor tenant. Mr. Andrews, the applicant, questioned why the color issue was confusing and had attempted to break down what C.U.P.s affected what properties and what design review aspects affected which property and has deferred on the color of the building and the awnings. He advised he would attempt to resolve the color issue for Phase I tonight. Mayor Arnold called a recess at 9:05 p.m. for further discussion of this issue wi th the staff. The meeting was called back to order at 9:18 p.m. with all Councilmembers present as before. The City Attorney prepared and read a draft of the proposed motion to amend the site plan approved by the City Council on March 23, 1987 as a part of Design Review 86-31. It was moved by Councilman Mullen and seconded by Councilman Kanel to amend the site plan approved by the City Council on March 23, 1987 as a part of Design Review 86-31 to provide for red awnings and window mullions at 9111 Valley View Blvd., with the final elevation and exterior color scheme submitted to the City staff for review and approval prior to actually painting the structure. Councilman Kanel asked the applicant to state for the record if he does agree to the proposed motion. Mr. Andrews reiterated that the motion would grant us the colors that we have requested that in lieu of the green window mullions and awnings which are on the rendering that Jerry Patterson was just holding up, we would install this red awning material and these red window mullions and this is the color combination we would like to have in conjunction with the prior approved ivory stucco. Responding to Mayor Arnold, the applicant answered that there would be no vertical or horizontal striping articulated on the building. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado It was moved by Councilman Mullen and seconded by Councilman Kanel to continue the remainder of application to December 14 with the applicant's consent. The applicant, Herbert Andrews, agreed to the continuance, The motion unanimously carried with the following roll call vote: AYES: 4 COUNCILMH1BERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COLJNCILMEMBERS: Coronado RESULT OF CABLE TV COMMISSION ORAL INTERVIEWS: Councilman Mullen suggested accepting those individuals on which all Councilmembers agree, eliminate some and determine if there is a consensus on the remainder and perhaps the decision can be made this evening. 3 98'CitY Council Minutes November 30, 1987 After furt.her discussion, Councilman Kanel suggested choosing the three persons that on which the Council is .in agreement .nd pick the remaining two individuals by numerical preference of the Council. Councilman Mullen suggested eliminating those applicants that were not going to be approved and deal with only two or three possible candidates. The City Attorney advised that entire purpose of the law is that the Councilmembers don't get together privately outside ofthtpublic meeting to decide who the successful applicants are and the information given to the Clerk would be confidential except for the two t~p applicants. ~ The City Manager advised the Council that the City Attorney has ruled that the vote is privileged information and the Councilmembers would only be apprised ~. of the totals. It was moved by Councilman Kanel and seconded by Councilman Mullen to approve Fred Glass, Janet Spurgeon and Howard Martin as successful applicants for three of the positions on the Cable TV COrmlission. Each Councilmember will submit their choices for first. second and third far the remaining two positions on the COrmlission to the Deputy City Clerk who will tally the votes for Council approval on December 14. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCIlMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCIlMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ADJOURNMENT: Mayor Arnold adjourned the meeting at 9:40 p.m. ~1!v;~~ ATTEST: w,", "~7 ;,1 ,~ I ;';' (' , /;/~7riK'(ftl-~~1 / C ITY'-' CLE K THE C H-V OF CYPRESS " 4