Minutes 1974-05-16MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
May 16, 1974
The regular meeting of the Cypress Planning Commission was called to order
at 4 :20 p.m. on Thursday, May 16, 1974 in the Cypress City Council Chambers,
5275 Orange Avenue, Cypress, California, Chairman Hilliard Warren presiding.
PRESENT: Commissioners Mullen, Ricker and Warren
ABSENT: Commissioners Greenwood and Hart
Also present were Brian Hawley, Planning Director, Ron Hovland, Associate
Planner, and Art Schatzeder, Public Works Director.
At the request of the Planning Director, the following items were added to the
agenda under Administrative Matters: Item No. 4, sign review for 9461 Grindlay
Street; Item No. 5, interpretation of setbacks for Tract #6657 adjacent to
the Jonathan Channel; and Item No. 6, consideration of rescinding action
to initiate a General Plan amendment for property on the north side of
Ball Road between Valley View and Holder.
ADMINISTRATIVE MATTERS:
1. Determination of.conformity of proposed library development with
the City's General Plan (Government Code 65402)
The Planning Director reported that the City Council had approved a lease
agreement at its last meeting with the County Library District for construction
of a library and that the Government Code requires the Planning Commission
to determine whether the proposed development is in conformance with the General Plan.
It was moved by Commissioner Ricker, seconded by Commissioner Mullen and unani-
mously carried to determine that the proposed library facility is in agreement
with the Cypress General Plan and that it was anticipated and included in the General
Plan.
2. Review of proposed landscape /irrigation plans for C.U.P. #73 -5 - Showcase
Homes, Inc.
Mr. William Gant, landscape architect, reviewed with the Commission the landscape
and irrigation plans for a condominium development at the northwest corner of
Ball Road and Valley View Street.
COMMISSIONER GREENWOOD ARRIVED AT 4 :50 P.M.
It was moved by Commissioner Mullen, seconded by Commissioner Ricker and
unanimously carried to approve the landscape and irrigation plans for C.U.P.
#73 -5, Showcase Homes, Inc.
3. Review of proposed landscape plans adjacent to Bolsa Chica Channel
between Cerritos Avenue and Stanton Storm Channel.
As a matter of information to the Commission, the Public Works Director
reported that the City had completed negotiations with the County Flood
Control District to obtain right -of -way for a landscaping project adjacent
to the Bolsa Chica Channel between Cerritos Avenue and the Stanton Storm
Channel. Mr. Schatzeder described the landscaping and irrigation plans
for the right - of-way strip on the west side of Valley View which was proposed
to be developed as a bicycle route. No action was taken by the Commission.
Planning Commission Minutes May 16, 1974
4. Sign review for 9461 Grindlay Street.
Mr. Fred Cartozian of State -Wide Developers, 9461 Grindlay Street, Cypress,
reviewed the plans for a new sign at the Cypress Surgical Center. The
Commissioners recommended that, to maintain an attractive appearance, slats
remain on the sign until the sign space is filled.
COMMISSIONER HART ARRIVED AT 5 :00 P.M.
It was moved by Commissioner Ricker, seconded by Commissioner Mullen and
unanimously carried to approve the sign plans, as proposed, for the Cypress
Surgical Center, 9461 Grindlay Street.
5. Interpretation of Setbacks for Tracts #6657 & 6705 adjacent to Jonathan Channel.
The Planning Director requested an interpretation by the Planning Commission of
the rear yard setback for Tracts #6657 and 6705 which were granted an addi-
tional 12 feet to the rear yards with the covering of the Jonathan Storm
Channel. He indicated that the lots were originally developed under optional design
and with the twelve foot addition (Lot Al included as part of the rear yard
area, the lots would conform to the City's minimum lot size. He stated that addi-
tions to the homes could then be approved without the requirement for a variance.
It was moved by Commissioner Ricker, seconded by Commissioner Mullen and
unanimously carried to interpret that the rear setback line of Tracts No.
6657 and 6705 be computed from the southerly line of the Jonathan Channel.
6. Consideration of rescinding action to initiate a General Plan amendment
for property on the north side of Ball Road, between Valley View Street
and Holder.
The Planning Director recommended that the Commission rescind its action
of May 2 to initiate a General Plan amendment for property on the north side
of Bali Road, between the Edison substation and Scotty's Market, because
of time restraints placed on the Planning staff.
It was moved by Commissioner Mullen, seconded by Commissioner Greenwood and
unanimously carried to rescind the previous action of the Commission to
initiate a General Plan amendment regarding a change of designation for
property on the north side of Ball Road, between Valley View and Holder
Street.
Hearing no objections, Chairman Warren placed on the agenda a matter re-
garding terms of offices for Planning Commissioners.
Following brief discussion, it was moved by Commissioner Mullen, seconded
by Commissioner Greenwood and unanimously carried that the present organiza-
tion of the Planning Commission be continued until through the first meeting
of August.
RECESS:
Chairman Warren recessed the meeting at 6 :00 p.m. until 7 :30 p.m.
CALL TO ORDER:
Chairman Warren called the meeting of the Cypress Planning Commission back
to order at 7 :40 p.m. in the Cypress City Council Chambers with the following
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Planning Commission Minutes May 16, 1974
Commissioners present:
PRESENT: Commissioners Greenwood, Hart, Mullen, Ricker and Warren
ABSENT: None
Also present were Planning Director Brian Hawley, Associate Planner Ron Hovland,
and Art Schatzeder, Public Works Director.
PLEDGE OF ALLEGIANCE:
Chairman Warren led the pledge of allegiance.
MINUTES:
Chairman Warren announced that the minutes of May 2, 1974 would be continued
to the next meeting.
ORAL COMMUNICATIONS:
Chairman Warren inquired if anyone wished to speak in regard to any matter not
on the agenda.
Mr. Thomas Flynn, 5022 Olga, Cypress, requested the Commission's consideration
of a problem which he felt was misrepresentation by the developer of the Cypress
Monterey Tract at the northwest corner of Valley View and Ball Road. He ex-
pressed concern over the changing of a pool location from the location adver-
tised in the model home brochure and stated that the new location would cause
him great inconvenience. The Planning Director pointed out that frequently
there are minor variations between the plot plan and final construction and that
the developer may have had a good reason to move the pool location if, in fact,
the pool was relocated.
The Commissioners recommended that the Planning Director contact the parties
involved, investigate the matter and report back at the next meeting.
CONTINUATION OF A PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -5, 7- ELEVEN
FOOD STORES: Chairman Warren announced that this was the time and place for
the continuation of a public hearing to consider a proposed conditional use
permit to construct, operate and maintain a convenience food store on a parcel
of land located at the southeast corner of Lincoln Avenue and Denni Street at
4502 Lincoln Avenue in the CH- Highway Commercial Zone. Included within the
application is a request for a variance to deviate from the front and side
yard landscape requirements. Chairman Warren asked that the staff present
its report.
The Planning Director presented Staff Report PC #74 -20 dated May 10, 1974
regarding development of a 7- Eleven Store at the southeast corner of Lincoln
and Denni. The Associate Planner presented slides showing the location
proposed for development and adjacent uses. The staff also reviewed the revised
plot plan.
Chairman Warren asked if the applicant wished to speak.
Mr. Gordon McGee, 9562 Katella, Anaheim, District Manager for 7 -11 Stores
in the Orange County area, discussed the economic feasibility study which
the applicant conducted before selecting this location for a 7 -11 Store.
Chairman Warren inquired if anyone wished to speak in opposition.
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Mrs. Daryle Ellwart, Manager of the Cypress Chamber of Commerce, stated that
the Chamber had discussed the application and recommenced that the applicant
meet and maintain the same standards and requirements as other businesses in
the City, particularly with regard to the landscape requirement.
The applicant stated that the plans would be redesigned to indicate a 25 foot
landscaping strip behind the sidewalk.
Discussion followed regarding the landscape requirements and the Planning
Director reminded that the final landscape and irrigation plans were subject
to review and approval by the Cession at a later date.
In considering the application, Commissioner Ricker stated that the use is a
legitimate one for the zone and be felt it should be determined by the applicant,
rather than by the staff, whether the development will be economically feasible.
He felt developments of this type should be encouraged in the City and he did
not feel the safety factor involving children was serious enough to warrant
disapproval.
Commissioner Mullen did not feel there were unique circumstances to warrant
a variance to deviate from the landscape setback requirement and he questioned
why economic aspects were addressed in the staff report if the Planning Com-
mission had no authority in this area. The Deputy City Attorney advised that
economic considerations are permissible if they are not the sole criteria.
It was moved by Commissioner Ricker and seconded by Commissioner Hart to
approve Conditional Use Permit #74-5, 7- Eleven Food Stores, subject to the
following conditions:
1. Development of the property shall conform substantially to the plot
plans-and elevations submitted with this request and as reviewed
and approved by the Planning Commission.
2, A landscape/irrigation plan shall be submitted for review and approval
by the Planning Commission prior to the start of any new construction.
Trees along Lincoln Avenue shall consist of Platanus racemosa (California
Sycamore) miniw 15-- gallon size.
3. A detailed plan of the proposed signing program shall be submitted for
review and approval by the Planning Commission; signs shall conform
to the requirements of the Zoning Ordinance.
4. The existing underground gasoline storage tanks shall be removed to the
specifications of the Fire Marshal and Building Superintendent.
5. A demolition permit shall be obtained and all existing improvements
shall be removed frost the subject property to the specifications of
the Building Superintendent.
6. All new construction shall conform to the requirements of Fire Zone II.
7. All mechanical and other roof equipment shall be screened from adjacent
properties and streets.
S. A drainage plan shall be submitted for review and approval by the Building
Superintendent and City Engineer.
9. All utilities to serve the proposed use shall be placed underground.
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10. The establishment of this use shall conform to the requirements of
the Orange County Health Department and the State Department of Al-
coholic Beverage Control.
11. All parking areas shall be constructed in conformance with the standards
contained in the Zoning Ordinance including double striping and wheel -
stops for each parking space.
12. Drainage shall be solved to the satisfaction of the City Engineer.
13. Street lights shall be installed per City Standards.
14. Advance street lighting energy charges shall be paid.
15. Lincoln Avenue and Denni Street shall be dedicated and fully improved
in accordance with the Master Plan of Streets and Highways, including
corner cutoff. A State permit is required on Lincoln Avenue.
16. Street trees (15 gal.) 40' on center shall be installed along Denni
Street in conformance with the street tree policy of the Public Works
Department. The type of trees shall be as required under the Town -
scape and Urban Design Element of the General Plan. Tree wells shall be
installed.
17. 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.
18. Necessary fire hydrants shall be installed in accordance with Fire
Department requirements and City Standards.
19. Plan checking and inspection fees amounting to 3 1/2% of the street
improvements shall be paid.
20. A cash bond shall be posted for future street trees on Lincoln Avenue
and treewells installed in conformance with the street tree policy of
the Public Works Department.
21. The triangular easement for roadway purposes near the northwest corner
of the parcel shall be abandoned. Abandonment fees shall be paid.
22. A retaining wall shall be constructed along the southerly and easterly
property line where the grade differential with adjoining parcels is
greater than twelve inches (12 ").
23. The developer shall conform to all applicable provisions of the City Code.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COMMISSIONERS: Greenwood, Hart, Ricker and Warren
1 COMMISSIONERS: Mullen
0 COMMISSIONERS: None
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Planning Commission Minutes May 16, 1974
CONTINUATION OF A PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -6, C.J. BONNER
CORPORATION° Chairman Warren stated that this was the time and place for the
continuation of a public hearing to consider a proposed conditional use permit
to construct, operate and maintain a mini - warehouse use on a parcel of land
located on the west side of Valley View approximately 600 feet south of Lincoln
Avenue at 9131 Valley View Street in the CG -CC Commercial General -Civic Center
Overlay Zone. Chairman Warren noted that the hearing was open and he asked
for the staff's report.
The Planning Director indicated that the applicant was unable to successfully
complete negotiations with the property owner and had requested that the
application be withdrawn. He read a letter to this effect from Mr. Keith
Lyon, vice president of C.J. Bonner Corporation.
It was moved by Commissioner Hart, seconded by Commissioner Mullen and unani-
mously carried to withdraw the application for Conditional Use Permit #74 -6,
C.J.,Bonner Corporation.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -10, TOMISLAV GABRIC: Chairman
Warren announced that this was the time and place for the public hearing to
consider a proposed conditional use permit to establish a planned industrial
development on the 23 -acres of land situated at the southeast corner of Cerritos
Avenue and Walker Street in the MP Planned Research and Development Zone.
Included within this request is a variance to provide minimum lot sizes of not
less than 1/2 acre in contrast to the minimum 40,000 square foot lot area re-
quired by the MP Zone. Chairman Warren opened the public hearing and requested
that the staff present its report.
The Associate Planner presented Staff Report PC #74 -21 dated May 10, 1974
regarding the application. He made a slide presentation indicating character-
istics of the property, including existing structures and adjacent uses.
Also presented was a revised site plan and elevations of the buildings.
Chairman Warren inquired if the applicant wished to speak.
Mr. Tomislav Gabric, architect, stated that he was in agreement with all of
the conditions of approval.
Chairman Warren inquired if anyone wished to speak in favor of the application.
Mrs. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, representing the
Cypress Citizens' Association, stated the Association welcomed the development
in the City and urged its approval.
Mr. Howard Rowan, 5831 Shirl, Cypress, representing the Cypress Citizens'
Association, stated he agreed with the staff's recommendation to allow flexi-
bility regarding the individual lot sizes since he felt it was necessary for
an industrial development.
Chairman Warren asked if anyone wished to speak in opposition. There was no
one wishing to speak in opposition to the proposal.
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Planning Commission Minutes May 16, 1974
Discussion followed between the applicant and Commissioners regarding
parking facilities, driveway locations, and the overall development plan.
The Commissioners expressed some concern about the location of the northern-
most driveway on Walker Street. The Planning Director noted that this drive-
way would be eliminated in accordance with Condition #31.
Chairman Warren declared the public hearing closed.
It was moved by Commissioner Hart and seconded by Commissioner Greenwood
to approve Conditional Use Permit #74 -10, Tomislav Gabric, subject to the
following conditions
1. Prior to the issuance of a building permit for any structure, the
proposed building plans and elevations shall be submitted for review
and approval by the Planning Commission.
2. Plans for the proposed landscape /irrigation system to be undertaken
in conjunction with each building shall be submitted for review and
approval by the Planning Commission. Required landscaping shall be
installed prior to the issuance of a "Certificate of Occupancy" for
each building.
3. All existing trees shall be retained to the maximum extent possible.
Compliance with this condition shall be to the specifications of the
Planning Director.
4. A demolition permit shall be obtained and all existing structures
and improvements shall be removed to the specifications of the
Building Superintendent.
5. The proposed method of handling on -site drainage shall meet the
requirements of the City Engineer.
6. Trash recepticles shall be provided and screened to the satisfaction
of the Planning Director.
7. All roof - mounted equipment shall be screened from view from public
rights -of -way.
8. All construction shall satisfy the requirements of Fire Zone No. II.
9. All requirements of the County Fire Marshal shall be satisfied.
10. Reciprocal easements between individual parcels where shared access
drives, parking and maneuvering areas are proposed shall be designated
on a subdivision map and /or a set of conditions, covenants and res-
trictions guaranteeing such provisions shall be drafted for approval
by the City and recorded with the subdivision map at the County Recorder's
Office.
11. Drainage fees shall be paid in accordance with Master Plan of Drainage.
12. Drainage shall be solved to the satisfaction of the City Engineer.
13. All secondary and primary utility services shall be underground.
14. Street lights shall be installed per City Standards.
15. Advance street light energy charges shall be paid.
16. Street "A" and Street "B" (60' right -of -way) shall be dedicated and
fully improved in accordance with the Master Plan of Streets and
Highways with 44' curb to curb. Sidewalks shall not be required
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along these interior streets.
17. Walker Street (50') half street and Cerritos Avenue (50') half
street shall be dedicated and fully improved in accordance with
the Master Plan of Streets and Highways. Sidewalks shall not be
required along Walker Street.
18. The parkway area of all streets not improved with sidewalks
shall be included within the front yard landscaped area of each
lot and maintained by the adjacent owner /developer.
19. Street structural sections to be based on recommendation and soils
report by soils engineering firm acceptable to the City Engineer
with street structural sections to be determined by using an
applicable T.I.
20. Street trees (15 gal.) 40' on center shall be installed along streets
in conformance to 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.
21. 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 thirty (30) days
prior to planting date.
22. Necessary fire hydrants shall be installed in accordance with Fire
Department requirements and City Standards.
23. Plan checking and inspection fees amounting to 3 1/2% of the street
improvements shall be paid.
24. Developer shall conform to all applicable provisions of the City Code.
25. All driveway entrances shall be constructed per City of Cypress Standard
Plan #207.
26. All driveway entrances on Cerritos Avenue and Walker Street shall be
35' wide. All other driveways shall be 30' minimum width.
27. Sewage flow shall be in conformance with the conditions in the letter
of agreement signed by Donald W. Shaw dated January 30, 1974.
28. A parcel map shall be filed showing all existing and proposed parcels.
29. A cross gutter shall be constructed at the intersection of Street "A"
and Walker Street and at the intersection of Street "B" and Cerritos
Avenue per City of Cypress Standard Plan #208.
30. A cash deposit shall be posted with the City of Cypress to cover estimated
costs of constructing future local storm drain facilities to serve the
development, subject to approval of the City Engineer.
31. The northerly most driveway on Walker Street shall be located a minimum
of 400' south of the centerline of Cerritos Avenue.
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32. The intersection of Street "A" and Walker Street shall be redesigned
to align the southerly curb line of Street "A" to coincide with the
projection of the southerly curb line of the racetrack entrance located
on the west side of Walker Street.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COMMISSIONERS: Greenwood, Hart, Mullen, Ricker and Warren
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
RECESS:
Chairman Warren called for a recess at 9 :05 p.m. The meeting was called back
to order at 9 :15 p.m. with all Commissioners present.
PUBLIC HEARING RE: REVOCATION OF CONDITIONAL USE PERMIT #73 -15, CONNIE BURNS,
BOAT CITY: Chairman Warren announced that this was the time and place for the
public hearing to consider the proposed revocation of Conditional Use Permit
#73 -15 which was approved by the Planning Commission on August 16, 1973, for
the establishment of the Boat City operation at 5031 Lincoln Avenue in the
City of Cypress. He declared the public hearing open and asked for the staff
report.
The Associate Planner presented Staff Report PC #74 -19 dated May 9, 1974
regarding the Boat City operation. He presented slides which showed the
non - conforming conditions on the subject property.
Chairman Warren asked if the applicant wished to speak.
Mrs. Connie Burns, 5031 Lincoln Avenue, Cypress, stated that she had been
unable to meet all requirements of the conditional use permit for financial
reasons and she agreed to meet the conditions listed in the staff report
with the exception of constructing the block wall on the north property line.
She inquired if a chain link fence with aluminum slats could be constructed
in place of the block wall fence.
Chairman Warren inquired if anyone wished to speak in favor of Boat City.
There was no one wishing to speak. He asked if anyone wished to speak in
opposition to the Boat City operation.
The following persons spoke in regard to the need for a fence at the northerly
property line:
Mr. Theodore Hromadka, 5042 Alaska, Cypress
Mr. Charles Halverson, 5032 Alaska, Cypress
Mrs. Alva Cady, 5022 Alaska, Cypress
Mr, Joseph Hardcastle, 4588 Blanca, Cypress
Extensive discussion followed between the applicant, staff, and property
owners north of Boat City regarding the type of fence to be constructed.
It was moved by Commissioner Ricker, seconded by Commissioner Greenwood and
unanimously carried to continue this matter for thirty days with the provision
that within the next fifteen days the staff, applicant, and interested prop -
erty owners meet to arrive at a solution regarding the fence problem on the
rear property line, that the results of this meeting be brought before the
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Planning Commission Minutes May 16, 1974
Commission at the next meeting for consideration with the understanding that
whatever is agreed upon will be effected within a thirty day period, by
June 6, and that the applicant meet the conditions as outlined in the staff
report regarding striping of parking stalls and yard lighting by June 6.
ORAL COMMUNICATIONS:
Chairman Warren inquired if anyone wished to address the Commission at this
time. There was no one wishing to speak.
ADJOURNMENT:
It was moved by Commissioner Hart, seconded by Chairman Warren and unani-
mously carried to adjourn the meeting at 10:05 p.m.
CHAIRMAN OF THE PLANNING COMMISSION
ATTEST:
SECRETARY 0 THE PLANNING COMMISSION