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Minutes 1975-02-06MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD February 6, 1975 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, February 6, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Dennis Hart presiding. PRESENT: Commissioners Greenwood, Mullen, Van Allen, Walsh and Hart ABSENT: None Also present were Planning Director Brian Hawley, Public Works Director Art Schatzeder, Associate Planner Ron Hovland, and Deputy City Attorney Roger Grable. PLEDGE OF ALLEGIANCE: Commissioner Van Allen led the pledge to the flag. MINUTES: January 16, 1975 It was moved by Commissioner Greenwood, seconded by Com- missioner Walsh and unanimously carried to approve the January 16, 1975 minutes. ORAL COMMUNICATIONS: There were no oral communications presented at this time. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #74 -21 - THOMAS VAN RUITEN: Chairman Hart announced that this was the time and place for the continuation of the public hearing regarding a proposed Conditional Use Permit for the installation of retail gasoline pumps at an existing retail, drive - through store located in the CN- Commercial Neighborhood Zone on the westerly side of Valley View Street approximately 1200 feet south of Orangewood Avenue. He stated the hearing was still open and requested that the staff present its report. The Planning Director presented a memorandum to the Com- mission dated January 31, 1975 which indicated the staff had met with the City Traffic Engineer to discuss potential traffic problems and circulation on the subject property in response to concerns expressed at the last Commission meeting. The staff recommended the following plan changes which would result in modifications to Conditions #2 and 17 and the addition of Conditions #21 and 22: 1. Relocate the proposed pump island to 36 feet south of the northerly lot line and 55 feet westerly of the Valley View Street lot line. 2. Construct an opening in the Valley View median to permit left turn (northbound) movements from the most southerly driveway of the subject property. Add condition #21 to read: "The existing wall along the northerly lot line shall be increased in height to a minimum height of six feet as measured from the grade of the subject property." Planning Commission Minutes February 6, 1975 Add condition #22 to read: "The existing on -site paving shall be repaired and maintained in an accep- table fashion to the specifications of the Planning Director and City Engineer." The Traffic Engineer also recommended the painting of on- site striping and directional arrows and the Planning Director stated this would be required of the applicant. Chairman Hart inquired if the applicant wished to speak. Mr. Thomas Van Ruiten, 11741 Valley View, Cypress, requested relief from Conditions #19 and 20, requiring a new sewer in the easement between lots 55 and 56 of Tract 6719 to the City sewer in Guam Circle, because of the added cost of the median break. He felt it was an unreasonable request to improve property other than his own and felt this cost would prohibit development of the new business at this time. Chairman Hart inquired if anyone else wished to speak in favor of the application. No one wished to speak in favor. He asked for those in opposition to the application. Mr. Ed Sibbey, 11698 Guam Circle, Cypress, stated his opposition to the store selling produce year -round when it was to have been on a seasonable basis. He recommended that there be no vehicle storage on the property. Mrs. Ann Stone, 5931 Santa Catalina, Garden Grove, Calif- ornia, stated that when many residents moved into the area, the subject property was zoned R1 and the residents were successful in maintainifig this designation before the Planning Commission and City Council. She stated the zone was changed to commercial with the revision of the General Plan. Mrs. J. Mello, 5941 Santa Catalina, Garden Grove, Calif- ornia, was concerned that the palm trees located in the median south of the proposed median break would obstruct the view of traffic exiting Santa Catalina. The staff indicated that the trees were located in the City of Garden Grove and that, after meeting with the Garden Grove Traffic Engineer, their Traffic Engineer recommended the removal of these trees since they did inhibit the flow of traffic. Mr. Ed Sibbey, 11698 Guam Circle, Cypress, felt the grape stake fence on the west property line did not prevent the invasion of privacy due to the noise and traffic congestion at the business and felt a block wall should be constructed to be in conformance with the north and south property lines and other tracts in the area. He indicated his willingness to pay his share of one -half of the cost. Commissioner Mullen inquired if the applicant would agree to pay half the construction cost for a wall and the applicant stated he would not. In regard to the congestion causing an invasion to privacy, Mr. Van Ruiten stated he felt the gas pumps would generate few new customers and he indicated that the Cities of Garden Grove and Cypress were in the process of investigating the synchronization of traffic signals at Chapman and Orangewood to provide a freer flow of traffic and more opportunities for traffic to enter onto Valley View. The staff confirmed that these studies were underway. -2- Planning Commission Minutes February 6, 1975 The Planning Director recommended that Conditions #19 and 20 be retained since they were required by established City Council policy. He did not feel the Commission should directly waive these conditions but rather recommend to the City Council that it grant favorable consideration to an appeal by the applicant. In response to Commissioner Greenwood's suggestion, the staff indicated a performance bond could be posted to cover a specific period of time to guarantee the construction of the sewer. Commissioner Van Allen inquired if the applicant still requested relief from Condition #5 as requested at the last hearing. The applicant indicated he would comply with this condition (regarding the signing program). Commissioner Van Allen inquired if additional landscaping could be installed in the blacktop area between the north property line and gas pumps and inquired why 100 square feet for a freestanding sign was recommended when only 75 is allowed by the Zoning Ordinance. The staff rec- ommended that 100 square feet be considered because of the mixture of uses on the property: the dairy, sale of groceries and other products, and sale of gas. Commissioner Mullen recommended that parking be prohibited on the east side of the frontage road south of the property to allow vision of cars exiting the southerly driveway for motorists entering Valley View from Santa Catalina. Mr. Mark Winsberg, 11699 Guam Circle, Cypress, stated the removal of the palm trees and correlation of the traffic signals was just speculation at this time. He felt the median opening would be hazardous and that the increased traffic and lack of parking on the site and on Valley View Street would create a major traffic problem. Mrs. Nancy Paulsen, 5968 Noumea, Cypress, spoke in regard to the difficulty of entering Valley View traffic in the early morning hours from Santa Catalina. The Public Works Director reiterated reasons why the Traffic Engineer felt the median opening was the best solution to the problem. Chairman Hart closed the public hearing. Commissioner Greenwood stated Conditions #19 and 20 should be retained and he favored the posting of a bond and also recommended that a bond be posted for the maintenance of land - scaping for a one year period. The hearing was reopened to allow for questions from Commissioner Walsh regarding the wall on the west property line. Chairman Hart then closed the hearing. Commissioner Walsh strongly recommended that the applicant and affected property owners share the cost of the wall construction. She expressed support for the expanded use if all conditions are met, including Conditions #19 and 20, regarding the sewer. She felt the traffic flow could be handled with the recommendations of the Public Works Director. Commissioner Mullen spoke against the Commission placing too many restrictions on an application which could easily deter commercial development. He supported the proposed business and felt there was a need for this service in the immediate area. He recommended a condition to require Planning Commission Minutes February 6, 1975 that no trucks or other vehicle, parking be allowed overnight on the property. He felt that most of the testimony presented relating'to conditions on the property was motivated by the fears of the most adverse of all possible conditions that might result Commissioner Greenwood suggested closing the proposed southerly driveway since he felt that, during heavy business, traffic could back -up onto Valley View. Com- missioner Mullen felt the southerly driveway would provide a necessary alternative for exiting the property. Commissioner Van Allen stated he felt a condition requiring the wall on the west boundary was unreasonable and irrele- vant to consideration of the application. Commissioner Mullen moved to add a condition that no over- night vehicle storage be allowed on the property. He then withdrew the motion. It was moved by Commissioner Mullen and seconded by Com- missioner Walsh to approve Conditional Use Permit #74 -21 subject to the following conditions. Discussion was held regarding the possibility of requiring a bond to maintain the landscaping and whether the total signing program should be approved at this time or at the time of approval of the landscaping and irrigation plans. Commissioners Greenwood and Van Allen suggested a contin- uation of the signing program until the landscape and irrigation plans are submitted and Commissioner Greenwood also recommended the deletion of the median opening: Commissioner Mullen supported the 100 square foot free- standing sign since he noted the business was located on the City limits and efforts should be directed toward attracting customers into the City and to this multi -use operation. Commissioner Greenwood withdrew his recommendation to delete the signing program at this time and moved to delete the condition requiring the median island opening. The motion died for lack of a second. It was moved by Commissioner Greenwood and seconded by Commissioner Mullen to require the posting of a bond, for a two -year period, to guarantee the sewer improvements required in Conditions #19 and 20. The motion was unani- mously carried by the following roll call vote: AYES: 5 COMMISSIONERS: NOES: ABSENT: 0 COMMISSIONERS: 0 COMMISSIONERS: Greenwood, Mullen, Van Allen, Walsh and Hart None None It was moved by Commissioner Van Allen that Condition #5 be amended to comply with the existing Zoning Ordinance and that the freestanding sign be reduced from 100 to 75 square feet. The motion died for lack of a second. It was moved by Commissioner Walsh to amend the motion to add a condition requiring the construction of a block wall on the westerly boundary based on the fact that the wall is needed and the cost is not prohibitive. The motion died for lack of a second. Planning Commission Minutes February 6, 1975 The conditions applied to the application were the following: 1. The project shall be constructed in conformance with the plans as approved by the Planning Commission. 2. The gasoline pump island shall be relocated 13 feet south and 15 feet west of its location as shown on the plot plan as submitted by the applicant. 3. A five - foot -wide landscape planter area shall be installed along the full length of the north property line. 4. Landscape and irrigation plans shall be submitted to the Planning Commission for review and approval, selected plants and shrubs shall be based on the discussion as outlined in the staff report. 5. At the time the landscape and irrigation plans are submitted for review and approval, a signing program for the entire dairy shall be submitted to the Planning Commission for review and approval. The plans shall be guided by the following: a. For the entire dairy store - gasoline sales operation, there shall be one freestanding sign not exceeding 100 square feet per sign face in area and 30 feet in height. Said freestanding sign may include a lighted, changeable - letter attraction sign. b. There shall be no more than two lighted, single -faced wall- mounted signs not exceeding 75 square feet in area per sign face. Said signs may also include lighted, changeable - letter attraction signs. c. There shall be no: 1. Paper stock signs 2. Roof - mounted signs 3. Signs of any type encroaching into the public right -of -way 4. Pennants or banners being flown at any time 5. Painted -on signs 6. The hours of operation for the sale of gasoline shall be limited to 8:00 a.m. to 9:00 p.m. daily. 7. Gasoline deliveries shall be restricted to the hours between 8:00 a.m. and 6:00 p.m. 8. One light shall be provided to illuminate the pump island; said light shall be limited to ten feet in height and shall not shine or reflect onto adjoining properties. Lighting plans shall be reviewed at the same time as the landscaping and sign plans. 9. A total of 14 parking spaces shall be provided along the westerly property line and shall meet the following requirements: a. Spaces shall be 90 degrees aligned, 9' x 20' in size; b. Double striped lines shall be provided; c. Curb stops shall be provided for all spaces to keep vehicles away from the fence located on the west property line. -5- Planning Commission Minutes February 6, 1975 10. A screened and enclosed trash area shall be provided to the specifications of the Planning Director and the Building Superintendent. 11. All retail sales including dairy products, groceries, agricultural produce, firewood, etc., shall be conducted completely within the existing and enclosed building. 12. Plans and permits for the installation of gaso- line tanks, pumps, and other related devices shall be approved by the Orange County Fire Marshal before construction and inspected after construction. 13. Building permits shall be obtained for all alterations and construction (including all prior construction and alterations made without permits), and inspections made to insure compliance with the Uniform Building Code and the requirements of the County Fire Marshal. 14. Existing roof appurtenances shall be screened to the specifications of the Planning Director and Building Superintendent. 15. The existing lumber storage and sales facility shall be relocated within the existing building or shall be screened from view from Valley View Street and adjacent properties by the construction of a solid masonry wall and wood fence to the specifications of the Planning Director and Building Superintendent. 16. On -site drainage shall be directed away from adjacent residential properties to the specifi- cations of the Public Works Department. 17. An opening shall be constructed in the Valley View median island to permit left turn (northbound) movements from the most southerly driveway of the subject property to the specifications of the Traffic Engineer. 18. Street trees (15 gal.) 40' on center shall be installed along Valley View Street in conformance with the street tree policy of the Public Works Department. 19. The developer shall install a 6" V.C.P. lateral in the easement between lots 55 and 56 of Tract 6719 to the City of Cypress sewer in Guam Circle. The existing sewer shall be disconnected from Midway Sanitary Sewer District sewer in accordance with Building Department standards. 20. After the new sewer is connected, the developer shall apply for withdrawal from the Midway Sanitary Sewer District. 21. The existing wall along the northerly lot line shall be increased in height to a minimum height of six feet as measured from the grade of the subject property. Planning Commission Minutes February 6, 1975 22. The existing on -site paving shall be repaired and maintained in an acceptable fashion to the specifications of the Planning Director and City Engineer. 23. No overnight storage of vehicles shall be permitted anywhere on the site. The original motion carried by the following roll call vote: AYES: 4 COMMISSIONERS: Greenwood, Mullen, Walsh and Hart NOES: 1 COMMISSIONERS: Van Allen ABSENT: 0 COMMISSIONERS: None PUBLIC HEARING RE: AMENDMENT TO THE GENERAL PLAN #75 -1: Chairman Hart announced that this was the time and place for the public hearing to consider a proposed amendment to the Land Use Element of the General Plan which will change the designation of a parcel of land situated on the north- westerly corner of Ball Road and Denni Street from its current low- density, single- family residential classifica- tion to a commercial category. He declared the hearing open and asked for the staff's report. The Planning Director reported that the applicant was ex- periencing problems in obtaining 51% of the property owners' approval to waive the deed restriction on the property. He stated a condition was imposed on the subdivision map restricting all parcels to a residential use only and he reported that the applicant had obtained only 25% of the property owners' approval to waive the condition. The staff, therefore, recommended withdrawal of the application. The Commission inquired if the property owners were made aware of the importance of the zone reclassification and they directed the Planning Director to contact the appli- cant to determine what approach was used and to see if a compromise could be worked out. It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to withdraw the application regarding Amendment to the General Plan #75 -1. At the Planning Director's request, Chairman Hart added to the agenda a matter regarding design review for the Del Taco restaurant at the southwest corner of Valley View and Ball Road. RECESS: Chairman Hart called a recess at 9:40 p.m. The meeting was called back to order at 9:50 p.m. with all Commissioners present. 1. Design Review - Plot Plan & Elevations - Del Taco Restaurant. Mr. David Jamieson, president of Del Taco, presented the plot plan, elevations and a colored rendering of the restaurant to be located in the shopping center at the southwest corner of Valley View Street and Ball Road. He outlined the design and materials to be used which would correspond with other buildings in the center. -7- Planning Commission Minutes February 6, 1975 It was moved by Commissioner Mullen, seconded by Com- missioner Walsh and unanimously carried to approve the plot plan and elevations for the Del Taco drive - through restaurant at Valley View and Ball Road. 2. Discussion of possible projects under the Housing & Community Development Act. The Planning Director advised that the staff had prepared a joint application with the County for funding under this program and he outlined the project area which was bounded by the alley north of Bishop Street, Walker Street on the west, Peach Street and the Southern Pacific Railroad on the east, and the south side of Karen Street on the south. The Associate Planner presented slides of the project area showing existing conditions and lack of improvements. He stated that curb and gutter, street paving, sidewalks, street lights and trees and underground utilities were improvements included in the project. It was moved by Commissioner Mullen, seconded by Com- missioner Greenwood and unanimously carried to recommend to the City Council support for the Housing and Community Development Act project as outlined. 3. Continued discussion of terms of office based on an Ordinance passed by the City Council limiting Planning Commissioners to one term. The Planning Director reported that the City Council had continued consideration of this matter until its February 10, 1975 meeting and he stated this will remain a Commission agenda item until the Council makes a decision. 4. General discussion on procedure to effectuate an amend- ment to the General Plan in light of Council adoption of Ordinance Re: amendments to the General Plan. The Planning Director reported that the City Council had not adopted the Ordinance setting procedures for certain General Plan amendments at its January 27 meeting as anticipated since a full Council was not present. It was the consensus of the Commissioners to continue this matter to the February 20 meeting. 5. Discussion of commercial center - northwesterly corner of Moody and Orange. Commissioner Greenwood stated that his reason for requesting this matter on the agenda was because of his concern about landscaping not being maintained and the Commission's in- ability to enforce this condition on approved developments. He felt the landscaping conditions at the shopping center at the northwest corner of Orange and Moody were atrocious and he inquired if the staff had taken any action. The Planning Director reported that, after weeks of attempting to contact the applicant of the conditional use permit, he was informed there was a new owner and the new owner was out of the country. He stated that when he met with the new owner at the site, there was evidence of replanted landscaping but, at a second inspection, this landscaping had died. Planning Commission Minutes February 6, 1975 Following discussion, it was moved by Commissioner Van Allen, seconded by Commissioner Mullen and unanimously carried to place on the next agenda consideration of holding a possible public hearing to consider revocation of the conditional use permit for the northwest corner of Moody and Orange Avenue. 6. Discussion of abandoned structures and uses - Commercial and Industrial Zones. Commissioner Greenwood expressed his concern over the un- attractive appearance of abandoned buildings, especially abandoned service stations at Lincoln and Denni and Ball and Walker, and felt these structures could hinder pros- pective businesses from locating within the City. He objected to the posting of political signs on the building, the possibility of vandalism, the debris, and vehicles parking on the site. The Planning Director reported that the two stations were not unsafe since the pumps were removed and that the only approach would be for the City Council to declare the property a public nuisance following a public hearing on the matter. Regarding the property at Ball and Walker, the Planning Director indicated that the property owner intended to file a conditional use permit application to reopen the gas station. He noted that the property owner was attempting to sell and upgrade the service station property at Lincoln and Denni and he referred to the two proposals which were presented before the Planning Commission. He discussed the difficulty in declaring the properties a public nuisance which would be subject to a public hearing. It was the consensus of the Commission to direct the staff to present a follow -up report within 90 days regarding this subject. Chairman Hart inquired if the Commission wished to pursue the policy of giving recognition to outstanding businesses within the City with emphasis on industrial or commercial developments and he felt this was a positive action on the part of the Commission. The Planning Director responded that he would present sug- gestions at the next meeting. Commissioner Van Allen reminded the Commission that, in regard to Conditional Use Permit #74 -21 approved earlier this evening, the Commission did not approve the findings contained in the staff report. Chairman Hart ordered that the motion be reconsidered. The Commission approved the following findings applicable to Conditional Use Permit #74 -21, with a no vote by Commissioner Van Allen: 1. The proposed location of the Conditional Use Permit is in accord with the goals and objectives of the General Plan and Zoning Ordinance of the City of Cypress for the zone in which it is located. 2. The location of the Conditional Use Permit and the conditions under which it will be operated will not prove detrimental to the public health and safety, nor injurious to adjacent properties. -9- Planning Commission Minutes February 6, 1975 3. The proposed Conditional Use Permit will comply with each of the applicable provisions of the Zoning Ordinance. STAFF COMMENTS: The Planning Director outlined his proposal to establish an Orange County Planning Congress whose purpose would be to discuss mutual planning problems of County cities. He requested recommendations from the Commission regarding the organization. ADJOURNMENT: It was moved by Commissioner Mullen, seconded by Com- missioner Walsh and unanimously carried to adjourn the meeting at 11:00 p.m. 3 a CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SEC • TARY OF THE PLANNI G COMMISSION