Minutes 1974-08-15MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
August 15, 1974
The regular meeting of the- Cypress Planning Commission was called to order at
7:35 p.m. on Thursday, August 15, 1974 in the Cypress City Council Chambers,
5275 Orange Avenue, Cypress, California, Chairman Hilliard Warren presiding.
PRESENT: Commissioners Greenwood, Hart, Mullen and Warren
ABSENT: Commissioner Ricker
Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works
Director, Ron Hovland, Associate Planner, and Deputy City Attorney Roger Grable.
PLEDGE OF ALLEGIANCE: Chairman Warren led the pledge to the flag.
MINUTES: It was moved by Chairman Warren, seconded by Commissioner Hart and
unanimously carried to approve the minutes of July 18, 1974 as corrected.
ORAL COMMUNICATIONS: There were no oral communications presented at this time.
CONTINUATION OF A PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -14, FIRST WESTERN
DEVELOPMENT COMPANY: Chairman Warren announced that this was the time and place
for the continuation of 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. .He stated
the hearing was open and he asked the staff to present its report.
The Planning Director presented Staff Report PC #74 -39 dated August 8, 1974 and
reviewed the staff's findings in recommending approval of the variance request.
He presented the revised site plan which indicated a new ratio of two to three
bedroom units and the elimination of a 300 square foot recreation building.
Chairman Warren asked if the applicant wished to speak.
Mr. Jack Shine, representing First Western Development Company, 15130 Ventura
Boulevard, Sherman Oaks, California, discussed marketing factors which contributed
to the type of development being proposed and presented slides which illustrated
the design, architectural treatment, floor plans, layout, and amenities of the
condominium project. Mr. Shine discussed the variance request and felt visual
access between the condominiums and single family house closest to the development
would be minimal since the single family house was single story, had no windows
facing the condominiums and was not oriented toward the project and the existing
tree and proposed dense landscaping would offer visual protection.
Chairman Warren inquired if anyone else wished to speak in favor.
Mr. Fred Kempf, 9745 Spruce Court, Cypress, owner of the house located closest
to the condominium development, stated the homeowners adjacent to the project
had met with the developer and agreed with their plans and the proposed setback
encroachment since the units would face the opposite direction and dense land-
scaping would be provided along the wall. Mr. Kempf requested that a 50 foot
setback be provided to ensure his privacy. Mr. Kempf then agreed to the 33 foot
setback subject to specimen trees being planted adjacent to his property.
Commissioner Mullen suggested that the area between the condominiums and single
family houses could be utilized for recreational vehicle parking.
Chairman Warren inquired if anyone wished to speak in opposition. There was no
one wishing to speak.
Planning Commission Minutes August 15, 1974
Mr. Shine indicated that the applicant would be agreeable to working out a
suitable arrangement with the adjacent property owners regarding landscaping
requirements.
Commissioner Hart asked if the applicant had considered screening the windows
as added protection for the single family homes. The Commission discussed this
suggestion and Mr. David Doremus, representing First Western Development, felt
this type of design might be too confining and would detract from the spatial
quality the developer was attempting to project. Commissioner Mullen stated he
felt the planting of tall trees between the houses and condominiums would provide
sufficient protection. The Planning Director pointed out that the second stories
of the units would have in excess of a 62 foot separation from the zone boundary
line for a total separation between single family and condominium units in excess
of 100 feet.
Chairman Warren closed the public hearing and then reopened it.
The Planning Director noted that the developer proposed shake roofs but that
shake was not permitted in Fire Zone #2. He recommended that, if the Commission
wishes, the Fire Zone 2 requirement regarding roof materials may be waived in
order to achieve the type and quality of development that is proposed in this case.
Chairman Warren closed the public hearing.
Commissioner Hart stated he would delete his request regarding window screening
and he commended the developer for the style and architectural treatment which
he felt differed from the usual condominium treatment.
Commissioner Mullen withdrew his objections regarding the elimination of the
recreation building.
It was moved by Commissioner Hart and seconded by Commissioner Mullen to approve
Conditional Use Permit #74 -14, First Western Development Company, subject to the
following conditions and finding that the proposed development is in conformance
with the goals and objectives of the Zoning Ordinance and will not be detrimental
to the public safety and welfare or injurious to adjacent properties, specifically
with regard to the variance request, with an additional condition requiring in-
creased landscaping and possible additional parking areas adjacent to the single
family houses to the southwest of the project, and that the developer work
with the staff regarding this condition and, further, that wood shakes be approved
for use as roof materials.
1. Approval of this request shall be contingent upon final approval
and recordation of Tract No. 8729 or a similar map which provides
for the subdivision and development of the subject property as a
condominium.
2. Development of the subject property shall be in compliance with the
site plan and elevations as submitted with this request and as
reviewed and approved by the Planning Commission.
3. Landscape and irrigation plans shall be submitted for Planning
Commission review and approval prior to final building inspection
on any portion of the property. The approved landscaping and
irrigation system shall be installed and completed prior to the
issuance of a certificate of occupancy on any portion of the subject
property. In the preparation of the landscape plans, the applicant
shall be guided by the following minimum standards:
a. 50% of all trees shall be 15 gallon or larger.
b. 30% of all trees shall be minimum 24 -inch box or larger.
c. 10% of all trees shall be minimum 36 -inch box or larger.
d. 50% of all shrubs shall be minimum 5 gallon or larger.
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Planning Commission Minutes August 15, 1974
Existing trees which are retained on the site may be
included in the above totals.
4. At the time the landscape plans are submitted for Commission review,
all plans for the signing program shall be submitted for review and
approval by the Planning Commission.
5. The interior street lighting plans shall be subject to review and
approval by the Engineering Division, the Police Department, and
the Planning Director.
6. The Walker Street entrance planter median shall be modified
and turn radii established to the requirements of the Orange County
Fire Marshal and the Planning Director.
7. The maintain continuity, the remaining gaps in the five - foot -high
masonry block wall on the east property line shall be filled in with
new wall sections in height, color, and style to match the existing wall.
8. On the southerly property line a planter strip five feet in width
shall be constructed along the length of the southerly driveway.
The plant materials shall be shown on the above mentioned landscape
plans and shall provide additional screening to the dwellings in the
RU Zone.
9. Landmark trees on the site and all other non -fruit bearing trees
shall be preserved and protected to the maximum extent possible.
If non -fruit bearing trees cannot be preserved on the site, the oppor-
tunity to relocate the trees to park sites in the City shall be available
to the Cypress Recreation and Park District.
10. Proposed street names shall be submitted to the City for approval.
11. A model home complex may be established for this project subject
to approval of final development plans by the Planning Commission.
12. The project shall conform to all of the requirements of the appropriate
utility companies and the postal service.
13. A copy of the Covenants, Conditions and Restrictions (C.C. &R.'s)
covering the condominium development and a copy of the articles
of incorporation of the Honeowners' Association to be established
shall be submitted to the City Attorney for his review, recommendation
and approval to ensure the continued maintenance, applicability, and
enforceability of the C.C. &R.'s so that the project will not become
a liability to the City at a later date. C.C. &R.'s shall include
maintenance of the landscaping on the Walker Street right -of -way.
14. Trash service shall be provided to the individual units to the
specifications of the Cypress Disposal Company as to the size and loca-
tion of containers, and dates of service.
15. Park and Recreation subdivision fees shall be paid in accordance
with Article VII of the City of Cypress Subdivision Ordinance, to wit:
a density of 15.47 units per acre will pay 5.79% of the appraised
price of the land.
16. Construction shall conform to the established requirements of Fire
Zone II.
17. An on -site grading and compaction plan shall be provided to the
Building Department and grading permits obtained for all on -site
grading work..
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Planning Commission Minutes August 15, 1974
18. Drainage shall be solved to the satisfaction of the City Engineer.
19. Drainage fees shall be paid in accordance with Master Plan of Drainage.
20. All secondary and primary utility services shall be underground.
21. Street lights shall be installed per City Standards.
22. Advance street light energy charges shall be paid.
23. Trees (15 gal.) 40 feet on center shall be installed along easterly
and northerly property lines.
24. Necessary fire hydrants shall be installed in accordance with Fire
Department requirements and City Standards.
25. Plan checking and inspection fees amounting to 3 1/2% of the street
improvements shall be paid.
26. Developer shall conform to all applicable provisions of the City Code.
27. Walker Street half street (42') shall be dedicated and fully improved
in accordance with the Master Plan of Streets and Highways. The existing
4' wide sidewalk shall be removed and replaced with a 6° wide sidewalk
adjacent to the curb. The 4' strip of walkway adjacent to the property
line shall be landscaped, maintained and watered by the developer.
Landscaping shall match that of the common areas. (Turf, sprinklers, etc.)
28. All existing drive approaches and adjacent gutters shall be removed
and replaced with full height curb and gutter and sidewalk.
29. All drive approaches on Walker Street shall be constructed per City
of Cypress Standard Plan #207.
30. Walker Street is a designated bicycle route in the Cypress Master
Plan of Trails. Therefore, no parking shall be allowed along the
entire frontage of this development.
31. The entrance to the development shall be positioned directly across
from Hanover Drive.
32. Wheelchair ramps shall be constructed at all Walker Street driveway
entrances per City of Cypress Standard Plan #109, Case C.
33. All existing utility lines and poles in the area of this development
shall be shown on the plot plan.
34. Plot plan shall be modified to provide for additional parking areas
and increased landscaping between the proposed condominium units and
existing single family dwellings near the southwesterly corner of
the subject property.
35. Fire Zone II requirements shall be waived with respect to roof
materials in order to allow for the use of wood shakes in the
construction of the condominium units.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COMMISSIONERS: Greenwood, Hart, Mullen and Warren
NOES: 0 COMMISSIONERS: None
ABSENT: 1 COMMISSIONERS: Ricker
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Planning Commission Minutes August 15, 1974
It was moved by Commissioner Mullen and seconded by Commissioner Greenwood to
approve Tentative Tract Map #8729. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COMMISSIONERS: Greenwood, Hart, Mullen and Warren
NOES: 0 COMMISSIONERS: None
ABSENT: 1 COMMISSIONERS: Ricker
RECESS: Chairman Warren called for a recess at 8:45 p.m. The meeting was
called back to order at 8:50 p.m. with all except Commissioner Ricker present.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -18, PATSY MORGAN: 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 pre - school
and day school facility to provide for 90 children on a parcel of land situated
at the northwesterly corner of Ball Road and Denni Street in the RU- Residential
Urban Zone. Chairman Warren declared the hearing open and requested that the
staff present its report.
The Associate Planner presented Staff Report PC #74 -38 dated August 7, 1974 for
the Commission's consideration.
Chairman Warren inquired if the applicant wished to speak.
Mrs. Pat Morgan, 17124 Ely, Cerritos, California, expressed agreement with all
of the conditions of approval. She stated that, to protect the privacy of adja-
cent property owners, she would attempt to keep the children away from the fence
as well as the placement of play equipment. Mrs. Morgan felt the pre - school
was the best use for the property.
Mr. Tony Dragonetti, 4472 Via Linda, Cypress, expressed concern over the invasion
of his privacy and recommended that the wall on the pre - school property be raised
to eight feet to protect his pool and prohibit children from climbing the wall.
He also recommended the planting of thick shrubbery between his property and the
school and asked that he be able to recommend types of landscaping.
The Planning Director indicated that the staff had similar concerns and was rec-
ommending thick shrubs on the north and west property boundaries. The Public
Works Director advised that he did not feel the existing wall could withstand a
two foot extension and a new eight- foot -high wall would have to be constructed at
considerable expense to the applicant.
Chairman Warren asked if anyone else wished to speak. There was no one wishing
to be heard.
Commissioner Greenwood compared the development to a similar pre - school develop-
ment in which mounds were constructed which interfered with the privacy of adjacent
homeowners. He recommended an extension to the existing wall in addition to thick
landscaping and felt the construction of a new eight- foot -high wall was unwise
and unnecessary. He spoke in favor of the pre- school as being a viable use of the
property.
Commissioner Hart indicated that, in order to be consistent with past Commission
action, he would not be in favor of requiring more than a six foot high
wall since he felt the increased trees and shrubs would provide an adequate
barrier and adult supervision would keep children under control at all times.
Commissioner Mullen stated that he would be reluctant to jeopardize the project
with a condition for an eight- foot -high wall which would be unattractive and
border on hardship for the applicant. He felt the staff had addressed the
problem of privacy by requiring thick and high landscaping and he spoke in favor
of the pre - school use for the property.
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Planning Commission Minutes August 15, 1974
Mrs. Morgan agreed to an extension on the existing wall but felt she would not
be able to complete the project if required to construct a new wall.
The Planning Director recommended the deletion of Condition No. 17 regarding
the installation of a wheelchair ramp at the intersection of Ball and Denni and
recommended an additional condition prohibiting the construction of mounding in
the open play areas to insure privacy of adjacent property owners.
Chairman Warren closed the public hearing.
It was moved by Commissioner Hart and seconded by Commissioner Mullen to approve
Conditional Use Permit #74 -18 subject to the following conditions and find
that the proposed development is in conformance with the goals and objectives of
the Zoning Ordinance and will not be detrimental to the public safety and welfare
or injurious to adjacent properties, that the staff explore the possibility of
increasing the height of the wall, that the applicant work with the staff to
ensure adequate landscaping and provide an increased buffer to assure separation
between the play areas and wall, with the deletion of Condition No. 17 regarding
the wheelchair ramp, and with the additional condition regarding mounding.
1. The facility shall be constructed in substantial conformance
with the approved plot plan and elevations.
2. The facility shall meet the requirements of the State of California
Department of Social Welfare for a nursery school.
3. Landscape and irrigation plans shall be submitted to the Planning
Commission for review and approval.
4. At the time the landscape plans are reviewed, the signing program
for the nursery school shall be submitted to the Planning Commission
for review and approval. The signs shall conform to the provisions
of Section 15 of the Zoning Ordinance and shall be limited to a single
freestanding pole sign not to exceed 50 square feet in area and 15 feet
in height and a single wall mounted sign not to exceed 30 square feet
in total sign area.
5. All roof - mounted equipment shall be screened from public view and
adjacent residential properties.
6. Play equipment shall be arranged and outdoor activity conducted
in a manner that will not disrupt the privacy and comfort of adjacent
property owners.
7. The hours of operation shall be limited to between the hours of 6:00
a.m. to 7:00 p.m. Monday through Friday with no activity on weekends.
8. Inspection and approval of the Orange County Fire Marshal shall be
required.
9. A copy of the certificate of approval from the State of California
shall be filed with the Planning Department.
10. Fire Zone II requirements of the Uniform Building Code shall be observed.
11. Main entrance doors on the Bali Road frontage shall open outward only.
12. Drainage shall be solved to the satisfaction of the City Engineer.
13. All secondary and primary utility services shall be underground.
14. The southerly most drive approach on Denni Street and the easterly
most drive approach on Ball Road shall be removed and replaced with
full height curb, gutter and sidewalk per City of Cypress standards.
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Planning Commission Minutes August 15, 1974
15. The westerly most drive approach on Ball Road shall be reduced
to a width of thirty feet (30').
16. The corner cutoff at the intersection of Ball Road and Denni Street
shall be dedicated to the City of Cypress for roadway purposes.
17. No mounding shall be constructed in the designated play areas of the
property which would disturb the peace and privacy of the adjacent
properties to the north and west.
18. Treewells shall be installed in the areas of driveway removal.
Street trees (15 gallon) shall be installed in conformance to the
street tree policy of the Public Works Department. The type of
trees shall be the same as those now existing at the site.
19. 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.
20. Necessary fire hydrants shall be installed in accordance with Fire
Department requirements and City Standards.
21. Plan checking and inspection fees amounting to 3 1/2% of the street
improvements shall be paid.
22. Developer shall conform to all applicable provisions of the City Code.
23. In accordance with the City of Cypress Master Plan of Trails, no
parking shall be allowed on Ball Road or Denni Street.
24. Additional landscaping shall be provided along the northerly and
westerly property lines in order to further screen the proposed
use from adjacent residential properties. The types of landscaping
to be provided in these areas shall be of an evergreen, fast - growing
variety to the specifications of the Planning Director.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COMMISSIONERS: Greenwood, Hart, Mullen and Warren
NOES: 0 COMMISSIONERS: None
ABSENT: 1 COMMISSIONERS: Ricker
In response to Mr. Dragonetti, the Planning Director outlined the procedure
to appeal an action by the Planning Commission.
Mr. Joe Frieda, 4473 Via Linda, Cypress, stated he was in favor of the pre - school
use and that it would be preferable to a convenience market,
ADJOURNMENT:
Chairman Warren declared the meeting adjourned at 9:45 p.m.
ATTEST:
SECRETAR OF THE PLANN NG COMMISSION
CHAIRMAN OF THE PLANNING COMMISSION
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