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Minutes 1975-01-16MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD January 16, 1975 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, January 16, 1975, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Dennis Hart presiding. PRESENT: ABSENT: Commissioners Greenwood, Mullen, Van Allen, Walsh and Hart None Also present were Planning Director Brian Hawley, Associate Planner Ron Hovland, Public Works Director Art Schatzeder, and Deputy City Attorney Roger Grable. PLEDGE OF ALLEGIANCE: Commissioner Mullen led the pledge to the flag. MINUTES: It was moved by Commissioner Greenwood, seconded by Commissioner Walsh and unanimously carried to approve the minutes of January 2, 1975. At the Planning Director's request, and hearing no objections, the Chairman announced that the second public hearing on the agenda would be considered out of order since Mr. Reed Flory, who was to give the presentation, had another meeting to attend during the evening. PUBLIC HEARING RE: HOUSING & COMMUNITY DEVELOPMENT: Chairman Hart announced that this was the time and place for the public hearing to consider possible activities and programs for the disbursement of funds allocated under the Housing and Community Development Act of 1974. He declared the hearing open. The Planning Director presented a memorandum to the Planning Commission dated January 10, 1975, which outlined the scope of the Act and the basic requirements for qualifying. He indicated it was necessary for public hearings to be held in order to get comments from citizens regarding the use of these funds. Mr. Reed Flory of the Orange County Planning Commission then gave a slide presentation and a summary of the purpose, scope, time schedules and eligible activities for funding under this program. He stated the major emphasis of the Act is citizen participation. The Planning Director indicated that the City's allocation would be $70,000 the first year, but would be approximately $500,000 over a three year period. He noted there are several areas in the City which could benefit greatly from improvements which would be allowed under this program. The Planning Director then asked for a question and answer period and stated that at the next meeting the staff would have specific recommendations for the application of these funds. He indicated that the basic source of data for these recom- mendations was the 1970 Census. Chairman Hart then inquired as to whether long -range planning would be appropriate. Mr. Flory responded that he felt programs which could be completed during the first year should be considered. There were no questions or comments from the audience, and Chairman Hart closed the public hearing. Planning Commission Minutes January 16, 1975 PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -21 - THOMAS VAN RUITEN: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed Conditional Use Permit for the installation of retail gasoline pumps at an existing retail, drive - through dairy store located in the CN- Commercial Neighborhood Zone on the westerly side of Valley View Street approximately 1200 feet south of Orangewood Avenue. He opened the hearing and asked the staff to present its report. The Associate Planner gave a slide presentation and des- cription of the subject property and surrounding area. He noted that the application was not for a full- fledged service station which would include any other services other than the pumping of gas and gave a brief summary of the various conditions of approval as listed in the staff report. The Planning Director then gave a summary of Staff Report PC #75 -1 dated January 13, 1975 noting that the staff was particularly concerned about the on -site traffic circulation system and the present signing program at the dairy. Following a discussion regarding the contents of the staff report, Chairman Hart invited the applicant to speak. Mr. Thomas Van Ruiten, 12517 206th Street, Lakewood, Calif- ornia, the applicant, stated that he agreed with the findings in the staff report inasmuch as the additional business would bring added income to the City and also with the find- ings of the Fire Marshal. He stated he had met with property owners to discuss his plan and try to answer some of their questions prior to the public hearing. He indicated there were no discount service stations within a two -mile radius and he felt he would be providing a convenience to the neighborhood. The applicant also stated that for financial reasons he would like an extension of six months to meet condition #5 (signs) in the staff report. Regarding condi- tions #19 and 20, he stated he was not the owner of the property and for that reason did not want to invest a great deal of money in it. He therefore requested that these two conditions be waived. The applicant wanted to know whether with the additional landscaping it would still be necessary to increase the height of the wall on the north side of the property. Chairman Hart stated that guidance would be given as to the conditions of approval at the time the application was approved. The Planning Director asked the applicant what type of gas he would be selling. Mr. Van Ruiten replied that he would have two double pumps so he would be able to sell all types. Chairman Hart inquired if anyone wished to speak in favor of the application. Mr. Don Hayes, 12631 Imperial Highway, Santa Fe Springs, California, stated that safety features of self - service stations are more stringent than regular gas stations. He indicated that the attendant inside the dairy would be able to maintain close supervision of the gas pumps and that gas could not be pumped without the attendant activating a switch from inside the building. Mr. Ken Romney, 20922 S. Pioneer, Lakewood, California, stated he owned a dairy and also operated gas pumps at the same location and that he was able to shut off the flow of gas from the inside of his building. Planning Comission Minutes January 16, 1975 Chairman Hart inquired if anyone wished to speak in opposition to the application. Mr. Mark Winsberg, 11699 Guam Circle, Cypress, stated he liked the idea of added convenience to homeowners in the area but did not want improvements which would overcrowd the site. He stated he did not approve of granting the variance and that lines were already long for services offered at the dairy and the addition of gas pumps would worsen the situation. Mrs. Jennette Shrum, 5988 Noumea, Cypress, stated that her main concern with the proposed application was the possibility of further noise pollution. She indicated there was already a great deal of noise on the site and that the addition of gas pumps would create further noise pollution. Mrs. Tom Cook, 11692 Guam, Cypress, stated that her pets were already aggravated by the noise at the dairy and stated that her fence had already been damaged by delivery trucks and that she felt gasoline tank trucks would not be able to maneuver on the site without doing further damage to the fence. Mr. Mel Roberts, 5894 Apia Drive, Cypress, representing the service station dealers on Valley View Street between Lincoln Avenue and Lampson, stated that the selling of gas at this location would create a hardship on the dealers already in the area. He stated his concern was that Mr. Van Ruiten would not be able to get gas on the open market and he was sure an allocation would not be available. Mr. Ed Sibbey, 11698 Guam Circle, Cypress, stated he felt that the dairy already sold a variety of products and did not need to sell gasoline. He also stated his opposition to the granting of the variance. He was concerned about a possible invasion of privacy and also about the wood fence at the rear of the property. Mrs. Nancy Paulsen, 5986 Noumea, Cypress, indicated that she felt the additional traffic at the dairy would prove hazardous to foot traffic and bike riders at the dairy, particularly for children. Mr. John Shrum, 5988 Noumea, Cypress, submitted a statement of opposition signed by his wife and himself and stated his concern about the potential problem of lighting the gas pumps and also about the gasoline fumes. He also expressed his concern that property values in the area would go down and that he might have a hard time selling his home. Ms. Ann Stone, 5931 Santa Catalina, Garden Grove, California, expressed her concern about the closing of the south driveway. She stated the frontage road was narrow and that she did not believe it could accommodate the added traffic. She also expressed her concern for children playing in the area. Mr. Tom Paulsen, 5968 Noumea, Cypress, stated that his concern was with the possible problems of pollution, resale of homes and danger to children who go to the dairy. Mr. Tom Cook, 11692 Guam Circle, Cypress, inquired as to whether Item #20 in the staff report would necessitate putting a sewer line under his property. The Public Works Director indicated that it would, but that no disturbance would be caused to either lot. -3- Planning Commission Minutes January 16, 1975 Chairman Hart asked if Mr. Van Ruiten wished to speak in rebuttal. He did not wish to speak. RECESS: Chairman Hart called for a recess at 9 :50 p.m. The meeting was called back to order at 9:55 p.m. with all Commissioners present. There being no further comments, Chairman Hart closed the public hearing. Comments followed by the Commissioners regarding the appli- cation. Commissioner Walsh stated she felt there could be an amenable solution to the problems and reminded the homeowners in the area that the dairy had been there when they moved in and that she did not feel they had a right to ask a man to give up his business because they felt the dairy was incompatible with their neighborhood. She indicated that she felt a com- promise could help the situation. She noted that the wooden fence at the rear of the property was inadequate and perhaps the cost of a new fence could be shared among all property owners concerned. She felt there should be no extension of time on Condition #5 in the staff report relating to the signing program at the dairy. In response to a request from Commissioner Walsh, Chairman Hart reopened the public hearing. Commissioner Walsh inquired if the applicant had discussed Conditions #19 and 20 with the property owner. The appli- cant replied that he had not yet had time. Commissioner Walsh inquired where the applicant planned to obtain gasoline. He replied that he intended to buy it on the open market and if that supply dried up, he would simply be out of gas. He stated he would not apply for an allocation until the application was approved. Commissioner Walsh asked if the applicant had any figures as to the volume of cars or the amount of people who do business at the dairy at peak hours. The applicant replied that he did not. However, dollar volume during peak hours is $120 to $130 per hour. Commissioner Van Allen inquired as to the height allowance in the drive - through area. Mr. Van Ruiten responded that they could accommodate campers. Chairman Hart then closed the public hearing. Commissioner Walsh stated she did not believe the noise level would present a serious problem, especially with the business hours being 8 a.m. to 6 p.m. Commissioner Mullen stated he thought there was a need for discount gas sales in the area, and he felt the homeowners in the area were entitled to a choice. He also indicated that nobody has the right to tell a businessman what he may or may not sell providing the health, safety or welfare of the citizenry is not endangered and noted that many gas stations sell products other than gasoline. He felt that a good aspect of granting the permit would be the changed signing program and improved landscaping. -4- Planning Commission Minutes January 16, 1975 Commissioner Greenwood expressed concern that the lighting of the pump islands might cause an invasion of privacy and suggested that the wall on the north property line be raised. Commissioner Greenwood indicated his concern about whether or not tanker trucks could maneuver on the property. He noted that the property was in poor repair now and would be improved with the approval of the application. He felt that, since the dairy had been there a long time, the applicant had a right to expand his business as long as it did not become a hazard to the neighborhood. He felt the request to be reasonable as long as the applicant would agree to all conditions of approval as listed in the staff report. Commissioner Van Allen stated he felt all conditions of approval must be met including the signing program. He felt the matter of discount price to be superficial since no one can prevent the applicant from raising his prices. Regarding additional revenues for the City, he felt there was a possi- bility that business may be shifted from one part of the City to another rather than new business coming from other cities. He felt the intensity of use was too much for the lot size, and was also concerned about pump lighting being an invasion of privacy. He also indicated his concern about the total traffic problem and stated he did not feel that the closing of the south driveway would solve the problem. Commissioner Hart indicated that the problem of traffic flow on the site was not yet clear to him. He suggested a contin- uation of the hearing to allow time for a traffic study to be made. Commissioner Walsh stated she did not feel gas sales would constitute an overuse of the property but that she objected to the wood fence in back. Commissioner Mullen said he felt the price of gasoline would remain low because if it was raised, customers would go to a full service station. Chairman Hart inquired how long it would take to get a traffic study. The Planning Director indicated that one could be available at the February 6, 1975 meeting. Commissioner Greenwood moved to accept Conditional Use Permit #74 -21 subject to all conditions in the staff report. There was no second. Commissioner Van Allen noted that the dairy was there but the gas pumps were not when the homeowners moved in. He indicated that he felt it was up to the applicant to prove that the use would not be a degradation to the environment. In response to a request from the audience, Chairman Hart reopened the public hearing. Mr. Mark Winsberg, 11699 Guam Circle, Cypress, stated that Mr. Mel Roberts, a Shell station owner, had offered to reduce prices for one week. Chairman Hart closed the public hearing. It was moved by Commissioner Mullen and seconded by Commissioner Walsh to continue the public hearing regarding Conditional Use Permit #74 -21 to February 6, 1975, pending an opinion from the Traffic Engineer as to traffic circulation. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Mullen, Van Allen, Walsh and Hart 0-COMMISSIONERS: None 0 COMMISSIONERS: None -5- Planning Commission Minutes January 16, 1975 OTHER MATTERS: 1. Consideration of a Request for Commission to Initiate an Amendment to the Land Use Element of the General Plan - Northwest Corner of Ball Road and Denni Street. The Planning Director presented a memorandum dated January 10, 1975 regarding a request by the Santa Anita Development Company for the Commission to initiate a public hearing to consider an amendment to the Land Use Element of the General Plan. It was moved by Commissioner Van Allen, seconded by Com- missioner Walsh and unanimously carried to initiate a public hearing to consider an amendment to the Land Use Element of the General Plan - northwest corner of Ball Road and Denni Street. 2. Commission Discussion of Terms of Office Based on an Ordinance Passed by the City Council Limiting Planning Commissioners to One Term. The Planning Director presented a memorandum to the Planning Commission dated January 10, 1975, regarding Ordinance No. 539 and stated that at their meeting of January 13, 1975, the City Council had continued this matter to their next meeting. He suggested that the Commission continue consid- eration of this matter to the meeting of February 6, 1975, pending further action by the City Council. It was moved by Commissioner Walsh, seconded by Commissioner Van Allen and unanimously carried to continue consideration of Ordinance No. 539 to the Planning Commission meeting of February 6, 1975. The Planning Director advised the Commission that the City Council had voted to create an Industrial and Commercial Development Commission for the City of Cypress. He noted that one of the primary responsibilities of this Commission would be to promote industrial and commercial development in the City. Commissioner Van Allen inquired if this was to be a continuing function. The Planning Director indicated that it would be and stated that he would keep the Planning Commission informed as to the makeup and charges of this new Commission. The Planing Director spoke regarding the City Council's introduction of an ordinance which would require any amend- ment to the Land Use Element of the General Plan which would change property currently designated for industrial uses to a residential category to be subject to a vote of the people prior to the adoption of a final resolution amending the General Plan. He stated that when the schedule of the Planning Commission permits, possibly at the next meeting, he would present a flow chart on the effects of this action. ADJOURNMENT: Chairman Hart adjourned the meeting at 11:05 p.m. CHAIRMAN OF THE PLANNING COMMISSION G COMMISSION -6-