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Minutes 1975-07-03MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD July 3, 1975 The regular meeting of the Cypress Planning Commission was called to order at 7:30 p.m. on Thursday, July 3, 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, Civil Engineering Assistant Frank Dalesandro, and Attorney Elizabeth Strauss. PLEDGE OF ALLEGIANCE: Commissioner Mullen led the pledge to the flag. MINUTES: June 19, 1975 It was moved by Commissioner Mullen, seconded by Commissioner Van Allen and unanimously carried to approve the minutes of June 19, 1975. ORAL COMMUNICATIONS: Chairman Hart asked if anyone wished to speak in regard to any matter which was not on the agenda. No one wished to speak. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -5 - PETER D. GORZEMAN: Chairman Hart 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 gasoline service station on property located at the north- easterly corner of Ball Road and Walker Street at 5501 Ball Road in the CG Commercial General Zone. The subject prop- erty is the site of a former Shell service station aban- doned for such purposes in May, 1973. Chairman Hart asked for the staff's report. The Planning Director summarized Staff Report PC #75 -11 dated June 23 which described the proposed use and adjacent land uses. He indicated that all of the former facilities will be reactivated for use except the pump island adjacent to Walker Street which will be removed. Commissioner Greenwood asked if a trash enclosure would be provided and the Planning Director stated one would. Chairman Hart opened the public hearing and asked if the applicant wished to speak. Mr. Peter D. Gorzeman, 5192 Canterbury, Cypress, California, stated there was an existing trash enclosure which would be utilized. He stated it was heavy gauge metal and would be painted to match the building. He questioned the staff's recommendation to close the southerly driveway on Walker Street since he did not feel this was logical. He stated all other service stations within the City had four driveways. He felt eliminating the one driveway might be acceptable if this was a new use. Planning Commission Minutes -2- July 3, 1975 The Planning Director stated the reactivation of the station was considered to be a new use since the station had been abandoned for more than 180 days. He indicated the staff questioned the need for the southerly driveway since the Walker Street pump island would be removed. Commissioner Greenwood asked the applicant if he had received a gas allocation. Mr. Gorzeman stated that Texaco was willing to serve the station and that he had another allocation. He indicated he would like to start the revit- alization of the station within 15 days after approval by the Planning Commission. Commissioner Greenwood asked if there would be a divider between the service station property and the property to the north and the applicant stated that none was proposed. Commissioner Greenwood stated he felt the existing station was unattractive and antiquated and he expressed the Com- mission's desire to improve the appearance of the community and provide more green areas. He felt removal of the drive- way would improve the appearance. Commissioner Van Allen asked what the applicant's objection was to closing the driveway. The applicant stated it was a combination of cost, safety and traffic flow reasons. He felt the four driveways provided for a logical and acceptable traffic flow as at other service stations. He felt closing the driveway would be awkward and did not see the validity of closing the driveway since there were existing curb and gutter improvements. He felt the station was a modern, suburban, ranch -style station and that remodeling was necessary to bring the building up to the normal standards of the Shell Company. He stated no structural modifications were proposed but the building would be entirely painted. Commissioner Van Allen asked if the applicant had requested the closure of the Walker Street pump island. Mr. Gorzeman stated he felt it was more convenient to have the pump islands together and that one would be sufficient. He indicated he proposed to remove the 5 -6 inch high pump island but not the concrete pad. Regarding the Commis- sioners' questions about removal of the gas tanks, the Planning Director stated the removal would have to meet the approval of the County Fire Marshal and City Building Superintendent. The applicant indicated he did not know what the removal would consist of. He stated some of the blacktop would probably have to be removed to provide for the vapor recovery system. He stated he would do whatever is required by the Fire Marshal. Commissioner Greenwood asked the applicant if he felt the opening of the service station would be economically suc- cessful and the applicant stated he had an allocation and felt the operation would be feasible. He stated he had tried to sell the property a year ago and the development proposal was denied. The Planning Director stated that the staff felt there were significant changes in this area during the two years the station had been closed. He stated the population density within a half -mile radius had increased which would contri- bute to an increase in traffic volumes on Walker and Ball. He stated the applicant had to justify to the oil company that there were changes in order to reopen the station. Planning Commission Minutes -3- July 3, 1975 Commissioner Mullen asked if the applicant would replace the concrete pavement where the pump island is removed with asphalt and the applicant stated he did not intend to do so. Commissioner Mullen favored leaving the southerly driveway open and felt closing it would be detrimental to the station's appearance. He felt if the driveway was closed, vehicles would have to enter the north driveway and make a U -turn from Walker onto the property to reach the pump island and this would inhibit the easy flow of traffic. He did not feel it was fair to the economic viability of the business to impose a condition which does not apply to other bus- inesses. He recommended that a condition be added to require that the concrete paving in the area of the pump island on Walker be removed and replaced with asphalt. Chairman Hart asked if anyone wished to speak in favor. Mr. Richard Morris, 5396 Lincoln Avenue, Cypress, stated he had participated in the group which studied the Harvey property and had worked with the Lincoln Avenue property owners and he felt all citizens favored the development of industry and businesses in the City and should do every- thing possible to encourage such development which will help the tax base. He urged the Commission's favorable consideration of development of this property. He felt closing the southerly driveway would create and not solve problems. He felt the applicant had demonstrated he wished to develop his property and bring in tax revenue and he felt the Commission was creating obstacles rather than encouraging and assisting the businessman. Chairman Hart asked if anyone wished to speak in opposition. There was no one wishing to speak against the application. Chairman Hart closed the public hearing. Commissioner Greenwood stated he would favor deleting the requirement to close the southerly driveway and the require- ment for a wheelchair ramp. He did not feel it was the applicant's responsibility to provide the ramp. The Planning Director stated the wheelchair ramps were a State mandated requirement of all new developments but that the Commission could waive the requirement if it chose. Chairman Hart reopened the public hearing for further discussion by the Commission and applicant. The applicant stated the distance from the center of the curb return to the driveway approach was only 33 feet and he did not feel this was too great a distance for wheelchairs to travel. Commissioner Mullen objected to eliminating the wheelchair ramp since he felt this condition was imposed on all condi- tional use permit applications recently approved by the Commission and it would be unfair to those developers who had met the condition. Commissioner Van Allen indicated he would be in favor of leaving the southerly driveway open to prevent safety hazards and an obstruction of traffic. Regarding the wheelchair ramp, he stated the Commission had required ramps in conjunction with the establishment of new businesses and he did not feel the Commission would be breaking faith with other developers or setting a prece- dent by waiving this requirement since the use was being reestablished. Commissioner Van Allen asked when the Com- mission would review any elevation changes proposed by the Texaco Company. He recommended that a condition be added to require review by the Commission if there are any major elevation changes proposed by the applicant or Texaco Company. Planning Commission Minutes -4- July 3, 1975 Chairman Hart closed the public hearing. It was moved by Commissioner Mullen, seconded by Commis- sioner Walsh and unanimously carried to revise Condition #1 to include that any substantial deviations from the plot plans and elevations submitted with the request shall require the review and approval by the Planning Commission prior to the issuance of a building permit. The Planning Director stated this condition would eliminate the need for Condition #2. Commissioner Walsh stated she saw no necessity for the wheelchair ramp because of the closeness of the driveway and curb return and she stated she was in favor of elimin- ating conditions #1 and 2. She stated she would rather see the development than have the property continue to become dilapidated. It was moved by Commissioner Walsh, seconded by Commis- sioner Greenwood and carried, with a no vote by Commis- sioner Mullen, to delete Condition #10 regarding the wheel- chair ramp. Commissioner Mullen moved to add a condition to require that the concrete paving in the area of the pump island on Walker Street be replaced with asphalt. There was no second to the motion. Commissioner Van Allen recommended that landscaping be installed along Walker Street between the two driveways and between the north driveway and north property line in order to provide some greenery in the asphalt area. It was moved by Commissioner Mullen and seconded by Com- missioner Greenwood to approve Conditional Use Permit #75 -5 subject to the following conditions: 1. The development of the subject property shall conform substantially to the plot plans and elevations sub- mitted with this request and as reviewed and approved by the Planning Commission. Any substantial devia- tions from these plans shall require the review and approval by the Planning Commission prior to the issuance of a building permit. 2. Landscape and irrigation plans shall be submitted for review and approval by the Planning Commission. Required landscape and irrigation systems shall be installed prior to the issurance of a certificate of occupancy. 3. A bond shall be posted by the applicant to guarantee maintenance of the irrigation system so that it operates in the manner for which it was designed and to guarantee maintenance of all plant materials in a healthy, growing condition, free of weeds and litter, for a period of not less than 12 months to the specifications of City Staff. 4. Detailed plans for the proposed signing program shall be submitted for review and approval by the Planning Commission prior to the issuance of a certificate of occupancy. Planning Commission Minutes -5- July 3, 1975 5. All necessary permits for the demolition and removal of the most westerly pump island shall be obtained by the applicant to the specifications of the Building Superintendent and Fire Marshal. 6. All underground tanks shall be inspected and approved by the Fire Marshal prior to the issuance of a certificate of occupancy. 7. All plans and necessary permits for any altera- tions to the existing structures shall be obtained by the applicant. 8. Developer shall conform to all applicable pro- visions of the City Code. 9. New planting areas shall be designed to allow adequate site drainage to the satisfaction of the City Engineer. The motion was unanimously carried by the following roll call vote: AYES: 5 COMMISSIONERS: NOES: ABSENT: 0 COMMISSIONERS: 0 COMMISSIONERS: ADMINISTRATIVE MATTERS: Greenwood, Mullen, Van Allen, Walsh and Hart None None 1. Tentative Tract #8472 - William Lyon Company - westerly of Knott Avenue, southerly of the Southern Pacific Railroad right -of -way. The proposed division of approx- imately 20.24 acres of land in County unincorporated territory into 92 single - family lots. The Planning Director announced that, in light of the July 1 referendum election concerning General Plan Amendment #74 -2, the staff recommended that the Planning Commission deny Tentative Tract #8472. He reported there was no request for withdrawal of the tract map by the applicant. It was moved by Commissioner Van Allen, seconded by Com- missioner Mullen and unanimously carried to deny Tentative Tract #8472. The Planning Director reported that there was a request from Mr. Robert Johnson, developer of the property at the southeasterly corner of Lincoln and Denni Street, for an interpretation of the Commission's action in approving the landscaping for the neighborhood food store. The Planning Director presented preliminary landscaping plans which showed a scalloped effect along Lincoln Avenue and variations in the front setback from 10 feet to 30 feet in depth. He stated the applicant would like to retain the 90 degree perpendicular parking adjacent to the front setback area rather than parallel parking. Following review and discussion of the plans, it was the general consensus of the Commission to approve the land- scaping plans as presented in concept only with the final landscaping plans subject to review and approval by the Commission. Commissioner Mullen objected to the plans presented since he felt they were not in accordance with what the Commission previously approved. He also felt Planning Commission Minutes -6- July 3, 1975 the landscaping should conform to the landscaping treatment at Forest Lawn since the Commission had indicated it would like to maintain this image along this area of Lincoln Avenue. The Planning Director indicated that he would contact the applicant and express the Commission's attitude regarding the setback and proposed landscape treatment along Lincoln Avenue and to encourage the applicant to increase the minimum setback along Lincoln Avenue. Commissioner Greenwood stated he was concerned about the service station at the corner of Ball Road and Walker which he felt was in a state of disrepair. He stated trash was visible from the street and old automobiles were stored on the property. The Planning Director stated he would investigate the site. Discussion was held regarding the signing program for R & J Pool Supplies on Walker Street. The Commission in general felt that the roof - mounted slide constituted a sign and requested an interpretation by the attorney as to their findings and whether the slide is in violation of the Sign Ordinance. ADJOURNMENT: Chairman Hart adjourned the meeting at 9:15 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECR TARY OF THE PLANNI G COMMISSION