Minutes 1975-03-06MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
March 6, 1975
The regular meeting of the Cypress Planning Commission
was called to order at 7:40 p.m. on Thursday, March 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 Brian Hawley, Planning Director, Art
Schatzeder, Public Works Director, Ray Warren, Building
Superintendent, and Roger Grable, Deputy City Attorney.
PLEDGE OF ALLEGIANCE: Commissioner Mullen led the pledge
to the flag.
ORAL COMMUNICATIONS: Chairman Hart asked if anyone wished
to speak in regard to any item not on the agenda. There
was no one wishing to speak.
PUBLIC HEARING RE: AMENDMENT TO THE GENERAL PLAN - NOISE
ELEMENT: Chairman Hart announced that this was the time
and place for the public hearing to consider a proposed
amendment to the General Plan of the City of Cypress for
the adoption of a Noise Element. This Element, prepared
by Olson Laboratories, Inc., contains a quantitative
analysis of the existing and projected noise levels
throughout the community. He asked for the staff's
report.
The Planning Director briefly commented on the Noise
Element, prepared by Olson Laboratories, Inc., which was
transmitted to the Commission. He indicated a study of
existing and projected transportation noise sources and
a community noise survey were made which evaluated twenty -
six sites within the City including parksites, schools,
residential, industrial and commercial areas. The report
indicated Cypress is a relatively quiet community with
the daytime residual noise level ranging from 40 to 55 dBA
and the nighttime level ranging from 35 to 60 dBA.
Commissioner Greenwood asked how new developments in
the City would comply with the Noise Element and the
Planning Director explained that an applicant would be
required to determine projected noise levels and their
affect on the development and provide sound attenuation
if required.
Commissioner Mullen inquired if the staff could identify
areas which would not be eligible for Federal housing
programs because of exposure to high noise levels. The
Planning Director responded that according to the noise
study, the only particular noise problem on vacant land
existed with the Harvey property and Los Alamitos Air
Station. He stated a complete environmental impact
report would be required for any development which would
have to determine whether sound attenuation is necessary.
Commissioner Van Allen asked why the noise contour map
did not indicate a high noise level along railroad tracks.
Planning Commission Minutes March 6, 1975
Mr. Scott Turpin, representing Olson Laboratories, Inc.
421 E. Cerritos, Anaheim, California, stated the noise
exposure from trains is small in a 24 hour period but
the interference factor is great which was difficult
to portray on the contour map.
Chairman IIart inquired if anyone in the audience wished
to speak in regard to the Noise Element. There was no
one who wished to speak.
Commissioner Mullen inquired if the sites surveyed, like
Hyatt Die Cast, were aware the study was being made and
if the Chamber of Commerce or developers gave any input
into the study. He feld input should be given by developers
and the business community who would be directly affected
by the Noise Element.
The Planning Director indicated that businesses and
individuals were not alerted of the study in order to
obtain an accurate noise level.
Mr. Turpin stated they encouraged cities to make developers
aware of the existing noise laws and stated development
was already subject to State and Federal guidelines.
Commissioner Mullen questioned if it was proper to
regulate noise from industrial activities through the
issuance of permits, licenses or registration. The
Planning Director stated these processes existed in the
Zoning Ordinance in the performance standards. The
Deputy City Attorney stated the revenue taxing power
has a dual purpose of raising revenue and regulating
businesses so it would be a proper method.
Commissioner Mullen strongly objected to having the
principle of lobbying and encouragement of Federal
legislation written into a basic policy document of
the City. IIe felt the City already has this power and
that a policy should not be written into the General
Plan that the City actively encourages and attempts to
influence State or Federal legislation.
Mr. Turpin stated this recommendation was meant to allow
the Planning Commission or Council to provide input to
legislators on legislation which would be of concern
to residents of the City and was not a recommendation
that the City actively lobby any specific bill. The
Planning Director stated the staff felt they had an
obligation to review and take a position on proposed
legislation which would have a direct affect on citizens,
for example, AB 15.
Commissioner Mullen felt the document needed a lot more
work and felt certain elements, like the bibliography,
would be difficult to understand by future Commissioners.
Commissioner Van Allen questioned why the noise rating
appeared to be low for the intersection of Valley View
and Katella which was regarded as having a noise problem
because of the aircraft from Los Alamitos Air Station.
Mr. Turpin stated that the tests were taken by field
crews for 20 minute periods and attempted to show the
noise level during a majority of the time. TIe indicated
the intermittent helicopter flights could not guarantee
a flight would occur while the test was being made.
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Planning Commission Minutes March 6, 1975
The Planning Director stated that the noise monitoring
studies were only one aspect of the document and that
the staff had transmitted to the consultant all City
documents regarding noise complaints about Los Alamitos
Air Station, the Race Track and Hyatt Die Cast, which
were the three major sources of complaints, and that the
consultant had contacted these groups and reviewed
the findings in the City's documents in preparing their
report.
Chairman Hart closed the public hearing. The hearing
was reopened for further comments from the Commission.
Commissioner Mullen indicated he was disappointed in the
report and felt it was a "canned" report which was some-
what tailored to the situation in Cypress. He felt it
needed additional work and recommended a continuance
of the hearing to allow for further review.
Chairman Hart closed the hearing,
Commissioner Van Allen stated that certain portions of
the report should be eliminated from the formal adopted
element and he agreed further review of the document
was needed.
Commissioner Walsh stated she had only had time to glance
through the report and felt more review is necessary.
Commissioner Van Allen recommended that the staff submit
the document containing those portions which will be
adopted as the final element.
Chairman Hart reopened the public hearing.
It was moved by Commissioner Van Allen, seconded by
Commissioner Mullen and unanimously carried to continue
the public hearing regarding the Noise Element Amend-
ment to the General Plan to the April 3, 1975 meeting
and that the staff make recommendations as to the
contents of the final element.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -1 - HENRY
ROBERTS: Chairman Hart announced that this was the time
and place for the public hearing to consider a proposed
conditional use permit for the construction of a 37 -unit
condominium project on the west side of Bolder Street
approximately 630 feet south of Orange Avenue in the
RM -CC Zone. He asked for the staff's report.
The Planning Director presented slides showing the
existing use on the property located on the west side of
Holder, south of Orange and adjacent to the Pacific Electric
Railroad, single- family houses and apartments at the south-
west corner of Holder and Orange, and Holder Elementary
School to the east.
He presented a colored rendering, plot plan and floor
plans and described the size and design of the units,
and layout of the buildings, parking, traffic circulation
and green common areas. The Planning Director stated
Tentative Tract #8888 is being presented in conjunction
with the application.
Chairman Hart opened the hearing and asked if the
applicant wished to speak.
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Planning Commission Minutes March 6, 1975
Mr. Henry Roberts, Tonga Circle, Cypress, the property
owner, presented slides showing the project layout,
elevations, and floor plans of the units. He described
in detail floor plans and design features.
The applicant suggested that the pool be placed in the
mini -park at the center of the project rather than at the
far westerly end to protect against vandalism and suggested
that the two -way street around the mini -park be reduced to
one lane to add to the park area. He agreed with all
conditions and felt condition #9, regarding landscape
requirements, was contrary to the Commission's intention
which he felt was to provide a consistent landscaping
program with numerous 36" box trees. He felt the condition
penalized against a greater number of smaller plants being
put in. He requested that condition #40, requiring
an eight foot high wall along the railroad right -of -way,
be withdrawn until the landscaping and irrigation plans
are submitted and the final grade is determined. He
proposed that the property be filled to allow drainage
toward Holder and the eight foot wall could increase to
11 feet above the final grade creating an unattractive
appearance.
The applicant discussed reasons for the lack of a clubhouse
and felt that after its initial use as a sales office a
clubhouse becomes susceptible to vandalism and a burden to
the homeowners' association.
Commissioner Mullen inquired if the applicant would
consent to providing a small building for meetings of
officers of the Homeowners' Association and the applicant
consented to provide a place where the Board of Directors
could meet and where records could be stored.
Chairman Hart asked if anyone wished to speak in favor of
the application. No one wished to speak in support. He
asked if anyone wished to speak in opposition.
Mr. Arnold Tallman, a resident of Buena Park, asked if the
entrance to the project would be opposite Mt. Whitney Drive
and the Planning Director advised him that the entrance
would be located north of the intersection of Holder and Mt.
Whitney which should alleviate traffic congestion in the
area. Mr. Tallman asked if adequate parking spaces were
provided for the development and stated a bad parking
problem already existed in the area.
In regard to Condition #5, requiring abandonment of one of
the two water wells, Commissioner Van Allen inquired if
one would be adequate for the landscaping program.
The Planning Director suggested that the applicant would
have to demonstrate the capability of the one well when
the landscaping plans are submitted.
The Commissioners inquired if there was sufficient parking
to accommodate guests in the event of parties and the Planning
Director reported that the applicant was providing at least
50% additional guest parking spaces than what is required.
The Deputy City Attorney recommended a change to Condition
#4 to read: "Construction shall conform to the requirements
of Fire Zone II except that such requirements may be waived
for the provision of wood shake roofs on the condominium
units in accordance with provisions of the building regula-
tions of the City of Cypress." He stated this will allow
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Planning Commission Minutes March 6, 1975
the City to impose requirements for fireproofing that may
be necessary or allow the City to waive the Fire Zone II
requirements.
The Attorney also recommended an addition to Condition #34
to read: "The developer shall provide adequate "No Parking"
controls within the development, to the satisfaction of
the City Engineer. "No Parking" controls shall be included
in the CC & R's for this development. The developer shall
cooperate with the City and take all steps necessary to
permit the City to enforce provisions of the California
Vehicle Code on the common areas as provided by Section
21107.7 of the California Vehicle Code. The CC & R's shall
also prohibit the parking of recreational vehicles within
the development, except for loading and unloading purposes.
All signs shall conform to Section 22658 of the California
Vehicle Code."
Chairman Hart closed the public hearing.
It was moved by Commissioner Walsh and seconded by Com-
missioner Mullen to approve Conditional Use Permit #75 -1
subject to the following conditions, with the addition of
condition #42 regarding the building for the Homeowners'
Association, and subject to the wall along the railroad
right of way and water well being included in the landscaping
and irrigation plans. The Commission also made the following
findings:
1. The proposed development conforms to the standards and
requirements of the Zoning Regulations with respect to
density, unit size, lot coverage, open space, interior
street layout, and setbacks.
2. The adjacent arterial street is of sufficient design
and capacity to accommodate the pedestrian and vehicular
traffic volumes generated by this development.
3. The proposed development will replace a deteriorating
urban setting, including several dilapidated structures,
with a desirable, relatively self - contained residential
project that will be an asset to the neighborhood.
4. The development of the project will be in conformance
with the objectives of the Land Use Element of the
City's General Plan.
1. Approval of this request shall be contingent upon final
approval and recordation of Tract #8388 or a similar
map which provides for the subdivision and development
of the subject property as a condominium.
2. The southerly entrance street shall have a realigned
intersection with holder Street to the specifications
of the City Engineer.
3. Development of the subject property shall be in compliance
with the site plan and elevations submitted with this
request and as reviewed and approved by the Planning
Commission.
Planning Commission Minutes March 6, 1975
4. Construction shall conform to the requirements of
Fire Zone II except that the provision of wood shake
roofs on the condominium units may be approved subject
to the requirements of the Building Code and to the
specifications of the Building Superintendent.
5. Existing water wells located on the property shall be
abandoned and covered to the specifications of the
Public Works Director except that both wells may be
retained for use as a source of irrigation water for
the common landscaped open areas.
6. The wall located along the Holder Street frontage shall
be of stucco design.
7. Interior private streets shall be designed and constructed
to the specifications of the Public Works Director.
8. Plans for the use and development of the "community
open space" located at the westerly corner of the
property shall be submitted for review and approval
by the Planning Commission.
9. 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 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 gallons or
larger.
Existing trees which are retained on the site may be
included in the above totals.
10. At the time landscape plans are submitted for Commission
review, all plans for the signing program shall be
submitted for review and approval by the Planning
Commission.
11. The interior street lighting plans shall be subject
to review and approval by the Engineering Division,
the Police Department, and the Planning Director.
12. Proposed street names shall be submitted to the City
for approval.
13. A model home complex may be established for this project
subject to approval of final development plans by the
Planning Commission.
14. The project shall conform to all of the requirements
of the appropriate utility companies and the postal
service.
15. Trash service shall be provided to the individual
units to the specifications of the Cypress Disposal
Company as to the size and location of containers
and dates of service.
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Planning Commission Minutes March 6, 1975
16. Drainage fees shall be paid in accordance with the
Master Plan of Drainage.
17. Drainage shall be solved to the satisfaction of the
City Engineer. Minimum driveway grade shall be
0.20 %. Driveway gutters shall be a minimum of four
feet (4') in width.
18. Street lights shall be installed on Holder Street per
City Standards.
19. Advance street light energy charges shall be paid.
20. Street trees (15 gal.) shall be provided on Holder
Street in accordance with the Townscape Plan of the
City of Cypress.
21. Holder Street shall be fully improved. All existing
driveway approaches on Holder Street shall be removed and
replaced with sidewalk and full height curb and gutter
per City Standards.
22. There shall be no parking allowed on Holder Street in
front of this development.
23. Wheelchair ramps shall be installed on Holder Street
at the driveway entrances, per City of Cypress Standards.
24. Driveway entrances to this development shall be in-
stalled per City of Cypress Standard No. 207.
25. An effective sight distance for vehicular traffic shall
be maintained at the intersection of the driveway entrances
with Holder Street. No landscaping will be allowed in
the area of the curb returns. Adequate sight distance
also shall be maintained within the development at
all driveway intersections, to the satisfaction of the
City Engineer.
26. Vehicular access rights to Holder Street from Lot 1 and
from Lots 31 through 37 of the Tentative Map shall be
dedicated to the City of Cypress except at the two (2)
driveway entrance locations.
27. A copy of the conditions, covenants and restrictions
(CC&Rs) covering the development shall be submitted
to the City Staff and City Attorney for their review,
recommendations, and approval to ensure the continuance,
maintenance, applicability and enforceability of the
CC&Rs so that the development will not become a liability
to the City at a later date.
28. The developer shall pay a $250.00 sewer hookup fee per
unit in accordance with requirements established by
Orange County Sanitation District No. 3. This fee
shall be collected by the City of Cypress.
29. Plan check and inspection fees amounting to 3 1/2% of
the street improvements shall be paid.
30. The developer shall pay Park and Recreation fees in
accordance with the Recreation and Park Dedication
Ordinance.
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Planning Commission Minutes March 6, 1975
31. Necessary fire hydrants shall be installed in accordance
with the Fire Department requirements and City Standards.
32. Holder Street in front of this development shall be
capped from curb to curb if it is necessary to open
cut the street in more than one place.
33. The developer of this project shall provide adequate
speed control within the development to the satisfaction
of the City Engineer.
34. The developer shall provide adequate "no parking"
controls within the development to the satisfaction
of the City Engineer. "No parking" controls shall
be included in the conditions, covenants and restrictions
for this development. In addition, the developer
shall cooperate with the City and take all steps
necessary to permit the City to enforce the provisions
of the California Vehicle Code along the private
streets as provided by Section 21107.7 of the Calif-
ornia Vehicle Code.
35. All on -site curb returns within this development shall
have a minimum radius of fifteen feet (15').
36. Curb returns at the intersection of the driveway
entrances with Holder Street shall have a minimum
radius of twenty -five feet (25').
37. A topograph of the area shall be made by the developer
to establish drainage patterns for adjoining properties.
If the natural flow of adjoining parcels is across
this development, the developer shall make provisions
to assure their drainage to the satisfaction of the
City Engineer.
38. Sewer laterals connecting existing houses at this
property shall be plugged at the property line.
39. A Master Plan of Sewers shall be submitted for approval
by the City Engineer with plan checking and inspection
by the City's Engineering Division subject to plan
checking and inspection fees.
40. At the time the landscape and irrigation plans are
submitted for Planning Commission approval, plans
shall be presented indicating the height and construc-
tion of perimeter block walls for approval by the
Commission. Retainer walls shall be required if the
grade differential on either side of the wall is
greater than one foot. All block walls shall be
constructed per City of Cypress Standards.
41. The developer shall conform to all applicable provi-
sions of the City Code.
42. A suitable building for use by members of the Community
Association established in conjunction with this project
shall be included in the common recreation area.
Plans for such building shall be reviewed by the
Commission in conjunction with the landscape and
irrigation plans.
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
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Planning Commission Minutes March 6, 1975
It was moved by Commissioner Mullen, seconded by Commis-
sioner Walsh and unanimously carried to approve Tentative
Tract #8888 subject to the following conditions:
1. All conditions and requirements of the State Subdivision
Map Act and the City Subdivision Ordinance shall be
satisfied.
2. All conditions of approval of Conditional Use Permit
#75 -1 shall be satisfied.
The Commission made the finding that the subdivision,
together with the provisions for design and improvement,
is consistent with applicable general and specific plans
as demonstrated by the staff report and evidence presented
during the public hearing and none of the findings set
forth in the Subdivision Map Act which would require
denial of this project can be made."
RECESS:
Chairman Hart called a recess at 10:30 p.m. The meeting
was called back to order at 10:35 p.m. with all Commissioners
present.
ADMINISTRATIVE MATTERS:
1. Review of sign plans for Del Taco to be located at
southwesterly corner of Valley View Street and Ball Road.
Following a review of the sign plans and elevations, it
was moved by Commissioner Mullen, seconded by Commissioner
Walsh and unanimously carried to approve the sign plans
for the Del Taco restaurant to be located at Valley View
and Ball Road.
2. Review of plot plans and elevations for Church of Christ
located at the northwesterly corner of Walker Street
and Rome Avenue - Conditional Use Permit #277.
The Planning Director reported that one of the conditions
of C.U.P. #277, approved in April, 1972, was that the final
plot plan be presented for approval by the Commission.
He reviewed the plot plan and indicated the third and final
development phase, construction of the main sanctuary,
remained and the staff recommended a 12 month extension to
complete the project. He indicated all existing structures
on the property were required to be removed.
Commissioner Mullen inquired if the four palm trees in
the parkway would be removed.
Mr. L. D. Webb, minister of the church, stated they planned
to retain the 13 trees on the property including the four
palm trees.
It was moved by Commissioner Van Allen, seconded by
Commissioner Walsh and unanimously carried to approve the
12 month extension for Conditional Use Permit #277 subject
to the following conditions:
1. All existing structures proposed for removal shall be
subject to the specifications and recommendations of
the Building Superintendent.
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Planning Commission Minutes March 6, 1975
2. Construction of the sanctuary (phase three of the
development) shall be completed by April 6, 1976.
3. All applicable conditions of Conditional Use Permit
#C -277 not yet satisfied shall be completed prior to
the issuance of the Certificate of Occupancy by the
Building Superintendent.
4. The applicant shall comply with all applicable rules
and regulations of the City Code that cover this
distinct case.
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 on the City Council's February
24 action in approving an ordinance which would provide a
four year term to all City commissioners, with the provision
that they may not be reappointed until a lapse of two years.
He stated the intent of the ordinance was to encourage more
people to apply and serve on commissions.
The Commission took no action on this matter.
ADJOURNMENT:
Chairman Hart adjourned the meeting at 10:50 p.m.
(•L'
CHAIRMAN OF THE PLANNING COMMISSION
ATTEST:
SECR TARY OF TH PLANNING COMMISSION