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Minutes 1976-12-16MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD December 16, 1976 The regular meeting of the Cypress Planning Commission was called to order at 6:10 p.m. on Thursday, December 16, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Friedmann, Greenwood, Partin, Van Allen & Mullen None Also present were Brian Hawley, Planning Director, Frank Dalesandro, Office Engineer, Don Lamb, Assistant Planner, and Elizabeth Strauss, Deputy City Attorney. PLEDGE OF ALLEGIANCE: Commissioner Van Allen led the pledge to the flag. At the request of the Planning Director, Chairman Mullen added the following items to the agenda: Item #5 regarding vacation of the alley east of Electric and north of Lincoln; Item #6 regarding review of final plot plans and elevations for Conditional Use Permit #76 -10, a recreational vehicle service and maintenance facility; Item #7 regarding a request for a temporary trailer use by Finley's Bookkeeping and Tax Service; and Item #8 regarding a status report on Midwood Manor. ADMINISTRATIVE MATTERS: 1. Review of Landscape Plans - Conditional Use Permit #76 -2. The Planning Director described the landscape plans for a professional office complex located at 5300 Orange Avenue opposite the Civic Center. He indicated there are many 15 gallon trees and several specimen trees and the theme is similar to that of the Civic Center. He reported there is a heavy concentration of trees along the southerly boundary which will provide screening for the adjacent single - family dwellings. The Planning Director reported that the applicant requested a clarification of the Commission's approval of C.U.P. #76 -2 and whether its intent was to allow the developer to use wood shingle roofing and siding instead of constructing in strict compliance with Fire Zone II requirements. He reported the minutes reflect that the Commission supported the use of wood, however, there was no mention in the conditions of approval. Commissioners Greenwood, Van Allen and Mullen agreed that their intent was to allow the developer to utilize wood shingle roofing and wood siding. It was moved by Commissioner Greenwood, seconded by Commis- sioner Van Allen and unanimously carried to approve the land- scape plans for Conditional Use Permit #76 -2 as submitted. 2. Report from City Attorney regarding the status of American Pool, Patio & Nursery. The Deputy City Attorney reported that the status has not changed since the last meeting and the arraignment is scheduled for January 10, 1977. She reported the staff sent the new owner a notice that the building is in violation of the City Code since it was altered without a permit and notifying him Planning Commission Minutes December 16, 1976 of the potential liability. Mr. Hawley stated he will have another status report at the January 20 meeting. 3. Consideration of Vacation of Alley - East of Electric Street and North of Lincoln Avenue. The Planning Director transmitted a report dated December 10 indicating staff received a request to initiate the vacation of the alley by Mr. Robert Decker, the developer of the south- east corner of Electric Street and Philo Street. The Planning Commission is required to determine whether the vacation is in conformance with the Circulation Element of the General Plan. Mr. Hawley stated the proposed alley vacation will be subject to a public hearing before the City Council as required by the Government Code. It was moved by Commissioner Van Allen, seconded by Commmis- sioner Friedmann and unanimously carried to adopt a resolution recommending the following findings to the City Council: 1. Abandonment of the alley will not be in conflict with the Master Street and Highway Plan as adopted by the Planning Commission and City Council. 2. Adjacent properties will not be adversely affected by the abandonment of this alley since access is readily available from either Lincoln Avenue, Electric Street, Philo Street or Walker Street as they relate to the adjacent properties. 3. Abandonment of this alley will not have an adverse effect on the environment of this area. 4. Review of Final Plot Plans and Elevations for Conditional Use Permit #76 -10 - 5692 Lincoln Avenue. The Planning Director presented the final plot plans and ele- vations for a recreational vehicle repair and service facility located at 5692 Lincoln Avenue. He also presented photographs showing the design and color of the proposed buildings and a sample of the brick to be used. He reported the building locations and types of building materials are in conformance with the C.U.P. approval. He added that the doors will be metal, roll up and stained to match the building. It was moved by Commissioner Van Allen, seconded by Commis- sioner Partin and unanimously carried to approve the final plot plans and elevations for Conditional Use Permit #76 -10 with the understanding that the building block will be the same type as the sample shown. Commissioner Van Allen asked that the applicant be notified that the Commission is anticipating receipt of the lighting plans. 5. Consideration of request for temporary trailer use by Finley's Bookkeeping and Tax Service. The Planning Director transmitted a letter from Mr. Roy Hughes of Finley's Bookkeeping & Tax Service, 5939 Cerritos Avenue dated December 14 who requested permission to locate one 55' by 10' trailer for temporary office space use on the vacant lot adjacent to the shopping center at the northwest corner of Cerritos and Valley View. Mr. Roy Hughes reported they have acquired another business and intend to relocate to a larger office in the same shopping center. He indicated they need additional room with the tax season approaching. Mr. Hughes stated only electrical util- ities will be hooked up, that restroom facilities are located in the present office, and the trailer will not be used as a residence. He stated he has permission from the owner to use 2. Planning Commission Minutes December 16, 1976 the vacant lot. It was moved by Commissioner Greenwood, seconded by Commis- sioner Partin and unanimously carried to approve the temporary use of the trailer on the vacant lot adjacent to the shopping center at the northwest corner of Cerritos and Valley View until April 22, 1977 with the condition that the applicant submit a letter from the property owner granting authorization for use of the lot. 6. Consideration of Status Report on Midwood Manor. The Planning Director transmitted a letter from Mr. Michael Park of Complete Property Management, Inc. manager of Midwood Manor, dated December 9 which reported on a possible agreement with the adjacent single - family property owners. Mr. Park indicated that Midwood Manor Homeowners' Association will be requested to install landscaping and restripe the parking lot area. This proposal will be submitted for consideration at the January 5 Homeowner Association's Board Meeting. If the matter is not resolved then, Mr. Park stated it can be brought up at the January 12 annual meeting of the Association. Mr. Hawley suggested continuing this matter to the January 20 Commission meeting. Commissioner Van Allen suggested that Commissioners Friedmann and Partin individually inspect the site and review past plans and staff reports to familiarize themselves with the background material regarding this situation. It was moved by Commissioner Van Allen, seconded by Commis- sioner Greenwood and unanimously carried to continue this matter to the January 20, 1977 meeting with the understanding that the continuance does not indicate approval or denial of any proposed changes mentioned in the letter from Mr. Park. Commissioner Van Allen stated that plans for revised signing for the floor covering store at Moody and Ball were to have been submitted at this meeting. The Planning Director stat,ed he would place this on the January 6 agenda. Commissioner Partin reported that after hearing testimony at the December 2 meeting, he inspected the wall on Fiji Street and found the supports were loose and the wall was a definite safety hazard. He stated it appeared the wall was on City property. Mr. Dalesandro reported staff inspected the wall and it is located on private property. He recommended that the matter be referred to the City Attorney's office to determine the City's liability. The Planning Director stated the Public Works Director will probably notify the property owners and request that they make modifications to safeguard the wall. Chairman Mullen requested a status report on this item for the January 6 meeting. The Planning Director reported that the City Council held a public hearing on December 13 on the appeal of Conditional Use Permit #76 -17 and denied the permit to construct an apartment project at 5591 Karen Street. He explained the Council's action and reported that the Council directed that a zoning study of the RM area be undertaken to determine the appropriateness and impact on future development of that zoning. Mr. Hawley also reported that, in light of the 3. Planning Commission Minutes December 16, 1976 Council's action, the applicant who proposed to construct a apartment project at 5592 Newman Street (Item #4 on tonight's agenda) requested withdrawal of his application. RECESS: Chairman Mullen called a recess at 7:20 p.m. The meeting was called back to order at 7:35 p.m. with all Com- missioners present. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 76 -18 - THE WARMINGTON COMPANY: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to establish an 80 -unit condominium project to the rear of a proposed commercial development. The condo- minium portion of this project will consist of 80 two and three - bedroom units situated on approximately 6.2 acres and will include areas for off- street parking, recreational uses and landscaped, open areas. The commercial portions of the project will be established on approximately 2.6 acres and will include a restaurant with provision for the on -site sale of beer and wine, other retail commercial stores, off - street parking areas, and open, landscaped areas. Chairman Mullen opened the hearing and announced that Item #3 on the agenda, Consideration of Tentative Tract Map #9624, would be considered in conjunction with the hearing. He asked for staff's report. The Planning Director stated the hearing was continued from December 2 to allow the developer to meet with adjacent prop- erty owners to review the development plan and resolve any problems. He outlined minor modifications to the plot plan which resulted from the Planning Commission's recommendations at the previous hearing concerning the easterly driveway entrance, pedestrian walkways between the commercial buildings, location of carports along the southerly property line and the recreation plaza. Chairman Mullen asked if the applicant wished to speak. Mr. Jim Christensen, 1208 Deer Park, Fullerton, representing the Warmington Company, described the facilities in the recrea- tion area which included a 20' by 40' pool and a 250 square foot building. He reported that three carports on the south property line would be removed to eliminate the objections of the property owner who is directly adjacent and three car- ports would be relocated at the west end of that row of car- ports. He stated one unit was eliminated from the southeast corner of the project, making the total 79, and two units were moved ten feet further north from the south property line. Chairman Mullen asked if anyone wished to speak in support. Mr. Ken Hulse, 5158 Cumberland Drive, asked if staff concurred with the development plan as proposed. The Planning Director stated staff concurs with the plan as presented subject to conditions with one condition being that a median divider be installed in the easterly driveway. He presented plans showing staff's design for the five - foot -wide median island. He recommended an additional condition that the easterly driveway be striped and signed to the specifications of the Traffic Engineer to provide for continuous right -turn movements. Mr. Hulse asked if the applicant received concurrence from the adjacent single - family property owners and Mr. Christensen replied that the property owners did concur with the plan. Mr. Hulse stated he strongly recommends approval of the plan and supports development of more Lincoln Avenue properties. 4. Planning Commission Minutes December 16, 1976 Mrs. Cheryl DeLoge, 9144 Ethel Street, stated she is totally satisfied with the carport removal and building relocation. Mr. William Shaper, 9173 Ethel Street, stated he has contacted several property owners and he did not hear any objections to the plans. Mr. John Smolinski, 9143 Ethel Street, stated he is satisfied with the latest plans and is in favor of the project. The Planning Director reported he was contacted by a repre- sentative of the Chamber of Commerce who indicated the Chamber favors the development plan, urges acceptance by the Commission, and is pleased with the commercial portion. Chairman Mullen asked if anyone wished to speak in opposition. There was no one wishing to speak in opposition. Mr. Mike Kay, 3535 Farquhar, Los Alamitos, responded to a question from the Commission and stated the restaurant will be a full dinner house serving breakfast, lunch and dinner but serving beer and wine only. The Commission and staff discussed the dimensions of the median island in the east driveway and the Commission agreed that the dimensions should be subject to the specifications of the Traffic Engineer to allow flexibility in the design. In response to the Commission, the applicants indicated that the commercial buildings will have the same design and building materials as the restaurant and the swimming pool will be located towards one side of the project because not all resi- dents like to be near a pool. The Commission also discussed the carports along the south property line and Mr. Christensen stated the applicant would agree to relocate the three carports from the south property line to the north property line behind the commercial buildings. Commissioner Van Allen questioned the need to delete the three carports from the south property line since the adjacent resi- dents stated they supported the development plan as presented and the plans did not show the deletion. Mr. Christensen stated the one homeowner objected to the carports and requested their removal and that the applicant wanted to cooperate with the homeowners wishes. It was moved by Commissioner Van Allen and seconded by Com- missioner Greenwood to approve Conditional Use Permit #76-18 subject to the 62 conditions recommended by staff. Commis- sioner Van Allen requested that the pool layout and building size and location be incorporated in the plans as presented. It was moved by Chairman Mullen and seconded by Commissioner Friedmann to modify the motion to approve Conditional Use Permit #76 -18 subject to the 62 conditions and the additional condition that the three most easterly carports along the south property line be replaced with three open parking spaces. The motion failed by the following vote: AYES: NOES: ABSENT: 2 COMMISSIONERS: Friedmann & Mullen 3 COMMISSIONERS: Greenwood, Partin & Van Allen 0 COMMISSIONERS: None It was moved by Chairman Mullen and seconded by Commissioner Partin to modify the motion to approve Conditional Use Permit #76 -18 subject to the following 62 conditions and the condition that the three most easterly carports along the south property line be replaced with three open parking spaces and that three 5. Planning Commission Minutes December 16, 1976 carports be added at the north side of the property behind the commercial buildings with their location to be subject to staff approval. Mr. Ken Hulse, 5158 Cumberland Drive, pointed out that the adjacent single- family property owners indicated they accepted the plan as presented, without the relocation of the carport. Mr. Christensen stated the applicant would prefer to retain the parking spaces shown in the plan and eliminate only the one carport and not build three extra carports on the north side of the property. The modification to the motion carried by the following vote: AYES: NOES: ABSENT: 4 COMMISSIONERS: 1 COMMISSIONERS: 0 COMMISSIONERS: Friedmann, Greenwood, Partin & Mullen Van Allen None The original motion to approve Conditional Use Permit # #76 -18 subject to the following conditions unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: Friedmann, Greenwood, Partin, Van Allen & Mullen NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None 1. Development of the subject property shall be in general conformance with the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission. 2. Prior to the issuance of a Building Permit, precise plans and elevations of the commercial portion of this project shall be submitted for review and approval by the Planning Commission. 3. Prior to the issuance of a Building Permit for the residential portion of this project, Building Permits shall be obtained and actual foundations shall be poured for the commercial uses. 4. Plans for the proposed landscaping and irrigation systems for both the commercial and residential portions shall be submitted for review and approval by the Planning Commission. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy on any portion of this project. 5. Prior to the issuance of any Building Permit, a Final Subdivision Map shall be approved by the City and recorded at the County Recorder's Office, legally establishing the lots necessary for implementation of this project. 6. The development of the entire project shall be subject to the restrictions of Fire Zone II. Wood shakes or wood shingles to be used for the roof material shall be treated in accordance with the requirements of the Building Code. 7. All primary and secondary utilities shall be installed underground. 8. Minimum six - foot -high block walls shall be constructed around the residential portion of this development except where carports or garages are proposed in excess of six feet in height; structural calculations shall be provided for review and approval by the City Engineer. 6. Planning Commission Minutes December 16, 1976 9. All requirements of the County Fire Marshal including the locations of necessary fire hydra.nts and extin- guishers shall be satisfied. 10. Plans for all commercial establishments wherein food or beverages are to be served shall be submitted for approval by the Orange County Health Department. 11. Complete grading plans including topographic and street improvement plans shall be submitted for review and approval by the Building and Engineering Departments. 12. Necessary soils and compaction reports shall be sub- mitted for review and approval by the Building and Engineering Departments. 13. All mechanical and other equipment mounted on the roofs of the various buildings shall be screened from direct view from adjacent streets and properties. 14. Wheelchair ramps and handicapped parking stalls shall be installed in accordance with State and local ordinances. 15. All requirements of the Uniform Building Code shall be satisfied. 16. Sanitary sewer connection fees shall be paid in accor- dance with the requirements of the Orange County Sani- tation District Ordinance #303. 17. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 18. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted for approval. 19. All secondary and primary utility services shall be underground. 20. Street lights shall be installed per City standards. 21. Advance street light energy charges shall be paid. 22. Lincoln Avenue shall be fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the Master Plan of Streets and Highways. 23. Street trees (15 gallon) forty feet (40') on center shall be installed along Lincoln Avenue in conformance with the street tree policy of the Public Works Depart- ment. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan. 24. 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 agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date. 25. Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution #1713. 26. Developer shall conform to all applicable provisions of the City Code. 7. Planning Commission Minutes December 16, 1976 27. Final subdivision map filing fees shall be paid in accordance with City of Cypress Resolution #1713. 28. 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 "). 29. 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 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 the City staff. 30. A continuous physical barrier (i.e., 6" high concrete curb) shall be constructed near the base of all block walls exposed to vehicular traffic, to the satisfaction of the City Engineer. Planting shall be installed in the area between the block wall and the curb. 31. A topograph of the area surrounding this development, including Bishop Street, 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. 32. Adequate "No Parking - Fire Lane" signs shall be installed along all streets within Tract 9624 per California Vehicle Code Section #22658, to the satisfaction of the City Engineer, Building Department Superintendent, and County Fire Marshal. 33. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 34. Interior 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). 35. All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied. 36. Installation of cable T.V. shall be subject to any City ordinances or regulations which are in effect at the time of recording of the final map. 37. Parking lot circulation shall be subject to the approval of the City Engineer. All parking lot curb radii shall be subject to the approval of the City Engineer. 38. The developer shall pay $50.00 per unit developer's tax as required by the City of Cypress Business License Department. 39. The minimum flowline grade in streets shall be 0.20 %. 40. 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. 41. A bicycle rack, having a minimum total storage of five (5) stalls, shall be installed adjacent to each commer- cial building. The location of all bicycle racks shall be subject to the approval of the City staff. 8. Planning Commission Minutes December 16, 1976 42. Recreation and Park fees shall be paid in accordance with the City of Cypress Zoning Ordinance. 43. A copy of the conditions, covenants and restrictions (CC &R's) covering the development shall be submitted to the City staff and City Attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the CC &R's so that the development will not become a lia- bility to the City at a later date. 44. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue. 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. 45. The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer. 46. The developer shall provide adequate "no parking" controls within the development to the satisfaction of the City Engineer in accordance with California Vehicle Code Section #77658. "No parking" controls shall be included in the conditions, covenants and restrictions for 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. 47. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director and Postmaster. 48. A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue. 49. A maximum lot depth of 200 feet shall be allowed to drain onto Lincoln Avenue. If drainage is directed to Lincoln Avenue, drainage culverts shall be constructed underneath sidewalks to convey all on -site runoff water to the street to the satisfaction of the City Engineer. 50. The westerly entrance from Lincoln Avenue shall be located directly opposite Sumner Place, and shall have a minimum width of thirty -five feet (35'). The existing median island at Sumner Street shall be reconstructed to provide for a left -turn pocket for westbound traffic, to the satisfaction of the City Engineer and State of California Department of Transportation. 51. The proposed easterly entrance to this development shall be located to the satisfaction of the City Engineer and shall have a minimum width of thirty -five feet (35') for a distance of sixty -feet (60') onto the property. The existing median island in front of the easterly entrance shall be reconstructed to provide an opening and a left -turn pocket for westbound traffic, to the satisfaction of the City Engineer and State of California Department of Transportation. 52. The proposed street access easement at the easterly end of Lot 1 shall be removed from Lot 1 and made a part of proposed Lot 2. 9. Planning Commission Minutes December 16, 1976 53. A pedestrian access shall be provided from the residen- tial area to the center of the commercial area. 54. The proposed westerly commercial building shall be altered (by adjusting the southwest corner of the building) or relocated to allow vehicles to negotiate the entire length of the rear and side alley, without reversing movements, to the satisfaction of the Planning Director and City Engineer. 55. A private street name, as approved by the City staff, shall be placed on the record map for the entrance road to the residential development. The developer shall install a street name sign and post near Lincoln Avenue, to City standards. 56. Julie Beth and Ethel Street cul -de -sacs shall be dedi- cated to the City of Cypress and fully improved with paving, curb, gutter, sidewalk, street lights, etc., in accordance with the Master Plan of Streets and Highways, and to the satisfaction of the City Engineer. Cul -de- sacs shall have a property line radius of thirty -three feet (33') with dedicated three foot (3') by five foot (5') tree planting inserts in the block wall. 57. The Camp Street cul -de -sac shall be dedicated to the City of Cypress in accordance with the Master Plan of Streets and Highways. A cash deposit shall be posted with the City to cover all costs of constructing the Camp Street cul -de -sac. A twelve foot (12') side crash gate shall be installed at the end of the cul -de -sac, for emergency vehicle access, to the specifications of the City Engineer, Cypress Police Department, and County Fire Marshal. 58. The approximately eight foot (8') wide strip of land along the southerly boundary of this development, dedi- cated as roadway purposes for the extension of Camp Street, shall be abandoned in favor of the owners of the single- family dwellings to the south. The developer shall pay all abandonment fees as required by the City. 59. In all areas where a carport structure is being constructed adjacent to the property line, the property line block wall shall be extended in height to join with the carport roof. 60. A minimum eight -foot (8') high block wall, measured from the highest adjacent grade, shall be maintained along the south property line. The block wall shall be constructed in accordance with City of Cypress standards. 61. A median island of approximately three to five feet in width shall be installed at the easterly entrance to the subject property to more definitively channelize traffic ingressing and egressing at the subject property to the design specifications of the City Traffic Engineer. 62. Striping and appropriate signing to provide for contin- uous right -turn movements to Lincoln Avenue from the easterly entrance to the subject property shall be provided to the specifications of the City Traffic Engineer. 10. Planning Commission Minutes December 16, 1976 It was moved by Chairman Mullen, seconded by Commissioner Friedmann and unanimously carried to approve Tentative Tract Map #9624. Chairman Mullen closed the public hearing. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 76 -19 - MEB INVESTMENTS: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to establish a nine -unit condominium project on a parcel of land previously approved for the establishment of a nine -unit apartment project located at 9561 Graham Street in the City of Cypress. Tentative Tract Map No. 9593 has been filed in conjunction with this request. He opened the hearing and asked for staff's report. The Planning Director presented Staff Report PC #76 -44 dated December 10 describing the proposed conversion. The appli- cant is proceeding in accordance with the previously approved plans, including the approved landscape, irrigation and ele- vation plans, however, the units are being constructed to meet the structural requirements for condominiums. He stated staff received a request from an adjacent property owner, which was incorporated in the recommended conditions, to provide a concrete block, masonry wall along the westerly and northerly boundary lines. Chairman Mullen asked if the applicant wished to speak. Mr. Michael Brown, 3723 Birch Street, Newport Beach, stated the reason for the conversion is that their customers prefer to buy rather than rent the units. He stated two -car, attached garages are proposed and no recreation area is planned since there is a large park across the street. Chairman Mullen asked if anyone wished to speak in support or in opposition. No one wished to speak in favor or oppo- sition. It was moved by Chairman Mullen and seconded by Commissioner Partin to approve Conditional Use Permit #76 -19 subject to the following conditions. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Friedmann, Greenwood, Partin, Van Allen & Mullen 0 COMMISSIONERS: None 0 COMMISSIONERS: None 1. All conditions of approval of Conditional Use Permit #76 -6 shall be applicable to this condominium project. 2. Tentative Tract Map #9593 shall be approved by the City Council and recorded with the County Recorder's Office prior to the issuance of a Certificate of Occupancy for any unit on the subject property'. 3. A drainage easement along the entire south property line shall be recorded on the Tract Map. The easement width shall be adequate to contain the equivalent of a ten (10) year storm. 4. A copy of the conditions, covenants and restrictions (CC &R's) covering the development shall be submitted to the City Staff and City Attorney for their review, recom- mendations and approval to assure the continuance, maintenance, applicability and enforceability of the CC &R's so that the development will not become a liability to the City at a later date. 11. Planning Commission Minutes December 16, 1976 5. The CC &R's shall prohibit the parking of recreational vehicles (motor homes, etc.) trailers, and commercial vehicles within designated guest parking stalls. 6. Recreation and parks fees shall be paid in accordance with the City of Cypress Zoning Ordinance. The developer shall pay all costs involved in having the property appraised by a licensed land appraiser. 7. "Guest Parking" signs shall be installed at the appropriate parking stalls in accordance with California Vehicle Code Section 22658. 8. The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District #3, Resolution #303. 9. Final subdivision map filing fees shall be paid in accor- dance with City of Cypress Resolution # #1713. 10. A concrete block, masonry wall having a minimum height of six feet shall be constructed along the westerly and northerly boundary lines of the subject property. 11. In accordance with the provisions of the City Subdivision Ordinance, the tentative tract map will be submitted to the City Council for their review and consideration at the Council's meeting of January 10, 1977. It was moved by Chairman Mullen, seconded by Commissioner Greenwood and unanimously carried to approve Tentative Tract Map # #9593. Chairman Mullen closed the public hearing. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 76 -20 - MEB INVESTMENTS: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to establish a 28 -unit condominium project on a parcel of land previously approved for the establishment of a 28 -unit apartment project which parcel of land is located to the rear of 4300 Lincoln Avenue. He declared the hearing open and asked for staff's report. The Planning Director presented Staff Report PC #76 -43 dated December 6 describing the proposed conversion. He reported that the plot plans and elevations submitted for the condo- miniums were identical to the plans submitted for the 28 apartment units approved under the modification to Conditional Use Permit # #73 -3. Staff recommended approval subject to 26 conditions. Chairman Mullen asked if the applicant wished to speak. Mr. Michael Brown, 3723 Birch Street, Newport Beach, stated the design of the condominiums will be identical to that of the units on Graham Street and they were requesting the change to condominiums based on the success of the other two projects. He requested that Condition # #10 be changed to allow for a 6" -high concrete curb (to protect walls from vehicle damage) to be installed a minimum of 3 feet from the westerly wall facing the mobilehome park instead of a minimum of 4 feet. He also requested that he be able to install the 6" -high curb on the other side of the driveway, adjacent to Building A, a minimum of 3 feet from Building A. Mr. Brown also requested that Condition #23 be changed to state that Building A shall be reduced in overall length to 292 feet, rather than 287 feet, to provide adequate clearance from the entrance road at the west end of the building. He stated that a reduction to 287 feet, from 295, would result in losing one unit or reducing the size to make its construction uneconomical. 12. Planning Commission Minutes December 16, 1976 The Planning Director stated the applicant discussed these changes with the engineering and planning staff and staff did agree with the changes. He stated the condition requiring the 6" -high curb a minimum of 3 feet from walls would not preclude the curb from being installed 4 feet from the wall in other locations. Chairman Mullen asked if anyone wished to speak in favor or in opposition. No one wished to speak in support or in opposition. In response to questions from the Commission, the Planning Director reported that the applicant was applying for a General Plan amendment and subsequent zone change for that portion of the property located between the proposed condo- miniums and the commercial center. The applicant proposed an extension of the condominium project in this area rather than the motel which was approved under C.U.P. #73 -3. Mr. Brown also reported on plans to construct a 5000 square foot restaurant on the west side of the property adjacent to Lincoln Avenue. It was moved by Chairman Mullen and seconded by Commissioner Greenwood to approve Conditional Use Permit #76 -20 subject to the following conditions: 1. All conditions of approval of Conditional Use Permit 4673 -3 pertaining to this portion of the property shall be applicable to this condominium project. 2. The development of the property shall be in conformance with the plot plans and elevations submitted with this application and as reviewed and approved by the Planning Commission. 3. A subdivision map shall be recorded with the County of Orange for this development. Tentative subdivision map filing fees shall be paid in accordance with City of Cypress Resolution #1713. 4. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted for approval. Drainage easements shall be granted to the properties directly to the north of this development and drainage facilities provided. 5. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 6. Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution #1713. 7. Final subdivision map filing fees shall be paid in accor- dance with City of Cypress Resolution #1713. 8. The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sanitation District 463, Resolution #303. 9. 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 "). 10. A continuous physicall barrier (i.e., 6" -high concrete curb) shall be constructed at a minimum distance of three feet (3') from the base of all block walls exposed to vehicular traffic to the satisfaction of the City Engineer. Planting may be installed in the area between the block wall and the curb. 11. Adequate "No Parking -Fire Lane" signs shall be installed along the westerly access road per California Vehicle Code Section #22658 to the satisfaction of the City Engineer, Planning Commission Minutes December 16, 1976 Building Superintendent and County Fire Marshal. Also, signing for guest parking stalls shall be installed per California Vehicle Code Section #22658. 12. All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied. 13. Installation of cable TV shall be subject to any City ordinances or regulations which are in effect at the time of recording of the final map. 14. The developer shall pay $50.00 per unit developer's tax as required by the City of Cypress Business License Department. 15. The minimum flowline grade in streets shall be 0.20 %. 16. 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. 17. Recreation and parks fees shall be paid in accordance with the City of Cypress Zoning Ordinance. 18. A copy of the conditions, covenants and restrictions (CC &R's) covering the development shall be submitted to the City staff and City Attorney for their review, recommendations and approval to assure the continuance, maintenance, applicability and enforceability of the CC &R's so that the development will not become a liability to the City at a later date. CC &R's shall prohibit parking of recreational vehicles, trailers, commercial vehicles, etc., within this development. 19. The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer. 20. 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 for this devel- opment. 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 CVC. 21. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director and Postmaster. 22. All interior streets shall be twenty -five feet (25') minimum clear width between buildings up to a height of fourteen feet (14') above street grade. 23. Proposed "Building A" shall be reduced in overall length to two hundred ninety two feet (292') to provide for adequate clearance from the entrance road at the west end of the building (Note: see Condition #10). 24. A permanent drainage inlet structure shall be constructed over the existing storm drain pipe at the southeasterly corner of the property to the satisfaction of the City Engineer. 25. The developer shall install an emergency pedestrian exit gate, with written permission from the adjacent property owner, near the southeast corner of this development. Size, material type, installation, etc., of the gate Planning Commission Minutes December 16, 1976 shall be subject to the approval of the City Engineer, Planning Director, and Building Superintendent. "No Parking or Standing" signs shall be posted adjacent to the gate. 26. Written permission shall be obtained from the owner of the parcel directly to the north of this development prior to any excavation on his property. If permission is granted to establish the proposed slope on his property, the developer shall provide slope erosion controls to the satisfaction of the City Engineer. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Friedmann, Greenwood, Partin, Van Allen & Mullen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Chairman Mullen closed the public hearing. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 76 -21 - KENNETH TER BORCH: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to establish a four -unit apartment project on a parcel of land located at 5592 Newman Street in the RM -20 /A Residential Multiple - Family Zone. Included within this request are proposed variances to deviate from the minimum lot width, lot area and side -yard setback requirements of the Zoning Ordinance. He declared the hearing open and asked for staff's report, The Planning Director reported that the applicant submitted a request this afternoon for withdrawal of the application in light of the City Council's recent action of denying a four -unit apartment project on Karen Street and requesting a zoning study of the area. It was moved by Chairman Mullen, seconded by Commissioner Partin and unanimously carried to approve the request for withdrawal of the application for C.U.P. #76 -21. ORAL COMMUNICATIONS: Chairman Mullen asked if anyone wished to speak in regard to any matter not on the agenda. There was no one wishing to speak. ADJOURNMENT: Chairman Mullen adjourned the meeting at 9:15 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRE ARY OF THE 'LANNING COMMISSION 15.