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Minutes 1974-07-11MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD July 11, 1974 The regular meeting of the Cypress Planning Commission was celled to order at 4:1.7 pom. on Thursday, July 11, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Hilliard Warren presiding. PRESENT: Commissioners Greenwood.. Hart, Mullen:, Ricker and Warren ABSENT: None Also present were Planning Director Brian Hawley, Associate Planner, Ron Hovland, Frank Dalesandro, Civil Engineering Assistant, and Oliver Grant, Building Super- intendent, MINUTES: It was moved by Commissioner Ricker, seconded by Commissioner Hart and unanimously carried to approve the minutes of June 20, 1974, with Coiiunissioner Mullen abstaining,. At the Planning Director's request, Chairman Warren. placed on the agenda a matter regarding the disposal of surplus property by the Los Angeles County Flood Control District, ADMINISTRATIVE MATTERS: 1. Design Review, motel, Conditional Use Permit #73 -3 (Lincoln Plaza). The Planning Director reviewed the plans and elevations of the motel portion of the Lincoln Plaza corienercial development on Lincoln Avenue, Changes recommended by the Commission were that the west elevation of the porte- cochere conform to the brick construction of the north elevation, that decorative treaL,nent around the windows on the north and east sides of the building be comparable to the window treatment on the other elevations, and that wood treaLment be provided on the parapet wall area as depicted on the plot plan, to the specifications of the Planning Director It was moved by Connnissioner Hart; seconded by Coriunissioner Ricker and unani- mously carried to approve the plans for the motel development, Conditional Use Permit #73 -3 including the changes recommended by the Commission. 20 Sign Review, Boat City, Conditional Use Permit #73 -15 The Commissioners reviewed the signing program for the Boat City development located at 5031 Lincoln Avenue - Discussion was held regarding the landscaping and wall construction on the northerly property line The Planning Director indicated that one property owner north of Boat City preferred a block extension to the existing wall rather than the fibreglass and wood Extension approved for the other two properties adjacent to Boat City. Tai was moved by Commissioner Mullen, seconded by Commissioner Hart and unani- mously carried to approve the signing program foi Boat City and permit no addition to the wall for the property in question. 3. Cypress Village, S F, S Construction, alter tion to recreational area plans The Planning Director presented the plans for the recreational area of the Cypress Village development located north of Orangewood between Knott and Valley View Streets which indicated changes to include 12 additional parking spaces Planning Commission Minutes July 11, 1974 It was moved by Commissioner Mullen, seconded by Commissioner Hart and unani- mously carried to approve the alteration to the recreational area plans for Cypress Village. 4. Consideration of disposal of surplus property by Los Angeles County Flood Control District. The Planning Director described the Flood Control District's proposal to sell surplus property located on the east side of the Los Coyotes Creek Channel between La Palma and Lincoln Avenue. It was moved by Commissioner Hart, seconded by Carmaissioner Mullen and unanimously carded to determine that the proposed disposal of surplus property by the Los Angeles County Flood Control District is not contrary to the goals and objectives of the Cypress General Plan. RECESS: Chairman Warren recessed the meeting at 5:50 p.m. until 7:30 p.m. CALL TO ORDER: The regular meeting of the Cypress Planning Commission was called back to order at 7:35 p.m. in the Cypress City Council Chambers, Chairman Warren presiding. PRESENT: Commissioners Greenwood, Hart, Mullen, Ricker and Warren ABSENT: None Also present were Brian Hawley, Planning Director, Ron Hovland, Associate Planner, Oliver Grant, Building Superintendent, Frank Dalesandro, Civil Engineering Assistant, and Roger Grable, Deputy City Attorney. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Carmissioner Ricker. ORAL COMMUNICATIONS: Chairman Warren inquired if anyone in the audience wished to address the Commission regarding any matter not on the agenda. There was no one wishing to speak. Chairman Warren announced that Item No. 1 would be continued to the end of the agenda because of the people present for the other public hearings. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -12 - TANGLEWOOD PRE - SCHOOL; Chairman Warren announced that this was the time and place for the public hearing to carisider a proposed conditional use permit to establish, operate and maintain a pre - school facility providing for the maximum attendance of 14 children in the carmunity building of the Tanglewood townhouses, 4647 Larwin Avenue, in the PRD- Planned Residential Zone. Chairman Warren opened the public hearing and asked that the staff present its report. The Associate Planner presented Staff Report PC #74 -29 dated June 28, 1974 and presented slides of the pre- school building and surrounding area including the gate and fence construction around the pool area. Mrs. Patricia Herbert, 4788 Larwin, Cypress, the applicant, stated she was in agreement with the conditions of approval. Discussion followed regarding the adequacy of the gate lock and several Com- missioners expressed concern that the play area adjacent to the proposed school was not completely fenced. -2- Planning Cession Minutes July 11, 1974 Mr. Don Herbert, 4788 Larwin, Cypress, - discussed the layout of the building, pool and playground areas. It was moved by Commissioner Ricker and seconded by Commissioner Mullen to continue the public hearing regarding Conditional Use Permit #74 -12 to the next regular meeting and request the staff to obtain additional information regarding State building requirements regarding fencing. Commissioner Hart indicated he was opposed to continuing the hearing since the proposed school had qualified for State licensing and he felt City requirements, therefore, would be adequately met. The motion carried by the following roll call vote: AYES: 4 COMMISSIONERS: Greenwood, Mullen, Ricker and Warren NOES: 1 COMMISSIONERS: Hart ABSENT: 0 COMMISSIONERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -13 - CHESTER LARKIN: Chairman Warren announced that this was the time and place for the public hearing to consider a proposed conditional use permit to establish, operate and maintain a family billiard parlor with accessory arcade facilities at 4431 Cerritos Avenue located on the northwesterly corner of Denni Street and Cerritos Avenue in the CN Ccmmercial Neighborhood Zone. Chairman Warren declared the hearing open and requested that the staff present its report. The Associate Planner presented Staff Report PC #74 -30 dated July 2, 1974 regarding the application. Chairman Warren inquired if the applicant wished to speak. Mr. John Francis, 12650 Takewood, Downey, the applicant, stated he agreed to all conditions of approval. Chairman Warren asked if anyone else wished to speak in favor. No one wished to speak. The Chairman asked if anyone wished to be heard in opposition. There was no one wishing to speak in opposition. In discussing surveillance.of the billiard hall, the Commissioners recommended that visibility of the interior of the building be provided to the specifications of the Police Chief. They also recommended that, since a beer bar is located in the same shopping center, condition no. 2 require that no alcoholic beverages be consumed in the billiard hall. Chairman Warren declared the public hearing closed. It was moved by Co,iunissioner Mullen and seconded by Commissioner Greenwood to approve Conditional Use Permit #74-13 subject to the following conditions and determine that C.U.P. #74 -13 is in conformance with the findings required under Section 17.2 -7 of the Cypress Zoning Ordinance: 1. The hours of operation shall be limited to 10:00 a.m. to 11:00 p.m. Sunday through Thursday, and 10:00 a.m. to 1:00 a.m. Friday and Saturday. 2. No alcoholic beverage of any type shall be served, dispensed or consumed on the premises. 3. Adult supervision shall be maintained on the premises during all hours of operation. -3- Planing Commission Minutes July 11, 1974 4. Front (Cerritos Avenue) windows and doors shall be of clear glass panels with the interior of the building visible from the street at all times to the specifications of the Chief of Police. 5. The operation and use permit shall be reviewed by the Planning Director and the Chief of Police on an annual basis. 6. No form of betting or gambling shall be allowed. 7. No games of chance shall be allowed. 8. The ratio and number of arcade -type amusement machines and billiard tables shall be as shown on the submitted plot plan. 9. Any type of food service shall be inspected and approved by the Orange County Health Department. 10. Restrooms shall be altered to accommodate the handicapped. 11. Inspection and approval from the Orange County Fire Marshall must be obtained. 12. Building permits for all alterations must be obtained. 13. All City codes and ordinances must be satisfied. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -15 - EDDIE R. FISCHER: The Chairman announced that this was the time and place for the public hearing to consider a proposed conditional use permit to establish a small neighborhood convenience shopping center on the 1.1 acres of land situated at the southeasterly corner of Moody Street and Ball Road in the CN- Commercial Neighborhood Zone. Chairman Warren opened the public hearing and asked for the staff report. The Planning Director presented Staff Report PC #74 -33 dated July 3, 1974 concerning the shopping center development. The Associate Planner presented slides of the subject property. Chairman Warren inquired if the applicant wished to speak. Mr. Ed Fischer, 8615 Katella, Stanton, stated he agreed to all conditions of approval. Chairman Warren asked for those in favor of C.U.P. #74 -15. Mr. Sigmund Gucfa, 5021 Ball Road, Cypress, stated that he and several other property owners adjacent to the subject property were in favor of the shopping center develop- ment as proposed because a trash area and alley would not be located to the rear of the center, adjacent to their property. Chairman Warren asked if anyone wished to speak in opposition. -4- Planning Commission Minutes July 11, 1974 Mrs. Maryanne Ayers, 10021 St. Sophia Circle, Cypress, inquired if the shopping center building could be relocated approximately -10 feet further west so that her rear yard will not be obstructed by the building. Mr. Fischer stated he was in favor of relocating the building 10 feet westerly which would provide for an additional 10 foot landscaped setback to the east as rec- ommended by the Planning Commission and property owner. He stated.. the area would be enclosed with a wall to prevent access to the rear of the building. Discussion was held regarding landscaping of the easterly setback and it was recommended that trees be planted in this area. The location of the trash enclosure was discussed and the Commission recommended placement of the enclosure within the walled easterly setback area. The Commission recommended that the triangular piece of property at the southeast corner of the lot be incorporated into the easterly setback area. No one else wishing to speak, Chairman Warren closed the public hearing. It was moved by Commissioner Mullen and seconded by Commissioner Greenwood to approve Conditional Use Permit #74 -15 subject to the following conditions and determine that the proposed development will conform to the findings contained in Section 17.2 -7 and 17.3 -7 of the Zoning Ordinance: 1. Development of the subject property shall conform substantially to the plot plans and elevations submitted with this request and as approved by the Planning Commission. 2. A tile cap shall be extended along the roof line of the southerly and easterly sides of the building adjacent to the residential areas. 3. Landscape and irrigation plans shall be submitted for review and approval by the Planning Commission. Required landscaping and irrigation systems shall be installed prior to the issuance of a certificate of occupancy. 4. A trash recepticle area shall be provided to the specifications of the Planning Director. 5. Signs advertising the proposed center and individual stores shall be uniform in color and materials. A plan of the complete signing program shall be submitted for review and approval by the Planning Commission. 6. Drainage fees shall be paid in accordance with Master Plan of Drainage. 7. Drainge shall be solved to the satisfaction of the City Engineer. 8. All secondary and primary utility services shall be underground. 9. Street lights shall be installed per City Standards. 10. Advance street light energy charges shall be paid. 11. All drive approaches on Moody and Ball shall be constructed per City of Cypress Standard Plan #207. Driveways shall be a minimum of 30' wide. 12. 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. -5- Planning Commission Minutes July 11 , 1974 13. 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, phos- phorus, potassium, pH, salinity, sodium status and boron saturation extract. Results of these tests with recommendations of the agri- cultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date. 14. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 15. Plan checking and inspection fees amounting to 3 1/2% of the street improvements shall be paid. 16. Developer shall conform to all applicable provisions of the City Code. 17. Separation from adjacent residential property shall be maintained by modification of existing concrete block wall or construction of a new block wall to satisfaction of the Planning Director and City Engineer. 18. The small triangular parcel left over at the southeast corner of the proposed development shall be disposed of in a manner satis- factory to the City Staff. 19. The front landscaped area shall be extended around the corner to the Moody Street driveway. 20. The westerly drive shall be increased in width from 14' to 20'. 21. Provide landscape buffer west to east property line. 22. The building shall be relocated to provide a 10- foot -wide landscape/ storage setback along the easterly property line. 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 9:25 p.m. The meeting was called back to order at 9:40 p.m. with all Commissioners present. PIBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -14 - FIRST WESTERN DEVELOPMENT COMPANY: Chairman Warren announced that this was the time and place for the public hearing to consider a proposed conditional use permit to construct, operate and maintain a 50 unit townhouse development on 3.22 acres of land located on the easterly side of Walker Street approximately 950 feet south of Orange Avenue in the RM Residential Multiple Zone. Chairman Warren opened the public hearing and asked for the staff report. The Planning Director requested that Tentative Tract Map #8729 be considered con- currently with the conditional use permit application. The Associate Planner presented Staff Report PC #74 -33 dated July 3, 1974 re- garding the townhouse development and he presented slides of the property, existing use, and adjacent land uses. -6- Planning Corrrnissicn Minutes July 11, 1974 Chairman Warren inquired if the applicant wished to speak. Mr. David Doremus, representing First Western Development Company, described the land plan of the proposed development with regard to density, layout, setbacks, marketability, architectural treatment, and recreational facilities. He indicated that the applicant wished to eliminate the recreation building and change the ratio of two bedroom units to three bedroom units. The applicant also expressed opposition to the full payment of fees as required by the Park Dedication -In Lieu Fee Ordinance. Chairman Warren inquired if anyone wished.. to. speak in opposition. Mr. Kempf, 9745 Spruce, Cypress, spoke against the increase in population if the number of three bedroom units is increased. The Commissioners expressed concern over the revisions proposed by the applicant and recommended that the hearing be continued until a more specific, revised plan is submitted. Several Commissioners recommended a lower density and that the recreation building be retained. It was moved by Commissioner Hart and seconded by Commissioner Mullen to continue the public hearing regarding Conditional Use Permit #74 -14, First Western Dev- elopment Company, to the regular meeting of August 1, 1974 to allow the applicant time to resubmit a more detailed, final plan. The notion 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 The applicant agreed to continue consideration of Tentative Tract Map #8729 to the regular meeting of August 1, 1974. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE - REAR YARD ENCROACHMENT - ZONING AMENDMENT #74 -2: Chairman Warren announced that this was the time and place for the public hearing to consider a proposed amendment to Section 17.7 of the Zoning Ordinance which will permit building additions to encroach into required rear yard areas on substandard lots in the RU- Residential Urban Zone. Chairman Warren declared the public hearing open and requested that the staff present its report. The Planning Director presented Staff Report PC #74-32 dated July 3, 1974 and Staff Report PC #74-24 dated May 30, 1974 regarding the determination by the Planning Commission to allow additions to residences developed under Optional Design on substandard lots to encroach into the rear yard setback, without requiring a variance, if a minimum 1200 square feet of open, usable rear yard space is provided, if the addition does not encroach closer than 10 feet to the rear property line, and if the applicant receives approval of adjacent property owners. It was moved by Caiimissioner Mullen and seconded by Commissioner Hart to recommend adoption by the City Council of the following ordinance, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 497, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY ADDING ITEM "G" TO SECTION 17.7 -1 REGULATING REAR YARD SETBACK ADJUSTMENTS ON SUBDIVItED LOTS WITH SUBSTAN1ARD AREA OR DEPTH IN THE RU ZONE. -7- Planning Commission Minutes July 11, 1974 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 ADJOURNMENT: Chairman Warren adjourned the meeting at 11:15 p.m. AnEST: f CHAIRMAN OF THE PLANNING COMMISSION