Minutes 1975-09-18MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
September 18, 1975
The regular meeting of the Cypress Planning Commission was
called to order at 7:35 p.m. on Thursday, September 18, 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 Brian Hawley, Planning Director, Art
Schatzeder, Public Works Director, Ryan O'Brien, Planning
Aide, and Attorney Elizabeth Strauss.
PLEDGE OF ALLEGIANCE: Commissioner Walsh led the pledge to
the flag.
MINUTES:
It was moved by Commissioner Greenwood, seconded by Commis-
sioner Walsh and unanimously carried to approve the August 21
minutes.
It was moved by Commissioner Van Allen, seconded by Commis-
sioner Walsh and unanimously carried to approve the September
4 minutes as corrected.
ORAL COMMUNICATIONS: Chairman Hart inquired if anyone wished
to speak in regard to any matter which was not on the agenda.
There was no one wishing to speak.
The Planning Director recommended that the first public hearing
listed on the agenda be considered as the last hearing.
Commissioner Greenwood requested that a matter be added to
the agenda regarding a dumping problem at the northeast corner
of Bloomfield and Orange Avenue.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -7 - LEO C. HANSEN:
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 an automobile storage
facility and incidental repair facilities on a parcel of land
located southerly of Lincoln Avenue and owned by the Hyatt
Die Cast Corporation. The storage and minor repair facilities
will be operated in conjunction with the Cypress Auto Tow
facility located at 4260 Lincoln Avenue. Chairman Hart asked
for the staff's report.
The Planning Director summarized Staff Report PC #75 -18 dated
September 15, 1975 and presented slides showing the location
of the subject property and surrounding land uses.
Chairman Hart opened the public hearing and asked if the
applicant wished to speak.
2.
Planning Commission Minutes September 18, 1975
Mr. Leo Hansen, the applicant, 8681 San Rio, Buena Park,
California, answered questions from the Planning Director
regarding the proposed storage operation. He indicated that
Cypress Auto Tow has had a contract for the last nine years
with the City of Cypress to pick up impounded cars and that
the subject property would be utilized for an expansion of
his operation. He stated he would be entering contracts
in the near future with two insurance companies for the
towing and storing of cars and that cars would be stored on
the property for a period of about three weeks. He indicated
that provisions of his contract with the City required him
to release cars to owners 24 hours a day but that owners
seldom picked up cars in the middle of the night. Mr. Hansen
agreed that the hours of operation will be 7:00 a.m. to 7:00
p.m. and with all conditions of approval.
The Planning Director explained that the permit, if approved,
would be for a three year probationary period to determine
if the operation would have any adverse impact on adjacent
properties and the applicant agreed to this condition.
Mr. Hansen indicated that in about nine months he intended
to erect a prefabricated building in which to conduct his
current operation of minor auto repairs, painting and body
and fender work. He stated the building would be located
near the northwesterly end of the lot and was the same building
shown on the plot plan. He stated there would be no office
trailer located on the property. Mr. Hansen agreed that there
would be no windows, doors or openings on the east and south
sides of the building to prevent disturbance to adjacent
properties. He reported the exact location of the building
was not determined but he stated he would like it located
towards the front of the property in order to leave the
rear of the property open for storage.
The Public Works Director stated that if body work is conducted
in a sheet metal building, the reverberation from equipment
would be very annoying to adjacent homeowners. He recommended
that the building be designed by an acoustical engineer so
that noise is contained within the building. Mr. Hansen
indicated that no decision was made whether the building
would be center - block, frame and stucco or metal. He stated
that his contracts with the insurance companies would not
require a facility for auto repair work. He stated he wished
to proceed with construction of the building since he did not
feel the storage operation would cause any adverse impact on
adjacent properties during the three year period.
Chairman Hart asked if anyone wished to speak in favor of
C.U.P. #75 -7.
Mr. William Shaeffer, 9173 Ethel, Cypress, asked if the
driveway would be paved and the Planning Director reported
that the access drive would be paved. Mr. Shaeffer asked
that the body work operation end before 5:00 p.m. and stated
he would like something other than a prefabricated building
constructed.
Chairman Hart asked if anyone wished to speak in opposition
to C.U.P. #75 -7.
Mr. Wayne Ebare, 9191 Julie Beth, Cypress, stated all of
the homes on Julie Beth were two story and he objected to
the property owners having to overlook wrecked cars. He
felt that if street improvements are installed on Lincoln
the applicant may move the body work and repair operation
closer to the rear of the property which would create a
greater noise disturbance.
3.
Planning Commission Minutes September 18, 1975
Mr. Richard Borello, Whitney Way, Cypress, asked what type
of security would be employed by the applicant. Mr. Hansen
reported that there would be a full -time security guard
on the. property.
Mrs. Martha Rodriguez, 9181 Julie Beth, Cypress, stated
that her family's allergy and asthma problems were worsened
by the fumes from Hyatt Die Cast. The Planning Director
referred Mrs. Rodriguez to the Orange County Health Depart-
ment.
Mr. Wayne Ebare requested that the hearing be continued
to allow more residents from Julie Beth to appear and voice
their opinions. He stated that everyone did not receive
notice of tonight's hearing.
Mr. Hansen reported that the auto body work and repair
operations would end at 4:00 or 4:30 p.m. He repeated that
there would be no impounded cars on the property and that
the property would be used only for closed storage.
Commissioner Van Allen recommended that the hearing be
continued and that the Commission meet on the subject property
at the next meeting so that the proposed operation can be
better described. He stated he had unanswered questions
as to the type of operations which would be conducted and
insufficient information at this meeting.
Commissioner Greenwood stated he had visited the site and,
because the property has been vacant for some time and
because of its unusual shape and size, he felt the storage
operation was a good use. He felt the use would provide a
good buffer between Hyatt Die Cast and the single- family homes.
Commissioner Mullen felt the passive storage of cars would
be an excellent interim use of the property until it is
developed differently. He stated he did not approve of the
body work operation and suggested that the hearing be con-
tinued so that the staff may make further recommendations
regarding construction of the building. He suggested that
a condition be added to require that no police impounded
vehicles be stored on the site and he asked that the Commis-
sion consider a condition to require that the building be
designed by a professional acoustical engineer to minimize
obnoxious noise and a condition to eliminate the office
trailer. He suggested that the staff study the location
and orientation of the building and indicated he had visited
the site and saw no need for the Commission to meet there.
Chairman Hart stated he felt the storage use was appropriate
because of the unusual shape of the property. He recommended
that, since the applicant did not propose to construct the
building for eight or nine months, the Commission only approve
the storage use at this time and review the operation and
need for expansion of the business and construction of the
building at the end of nine months or a year.
Commissioner Walsh agreed with Chairman Hart and stated she
did not wish to continue the hearing to the site since she
had visited the property. She felt the storage use was good
based on the shape of the property and felt it would provide
a good buffer. She stated the applicant had indicated police
impounded vehicles would be stored at another facility and
she supported Commissioner Mullen's recommended conditions.
Commissioner Mullen stated he would be in favor of approving
the storage use portion of the application if the body work
and building provisions are eliminated.
4.
Planning Commission Minutes September 18, 1975
Commissioner Van Allen recommended the continuance of the
hearing and an on -site inspection so that the entire Commission
may receive all of the information at the same time. He
agreed to eliminate the use of the building at this time
and indicated the continuance was not to object to the storage
use.
Commissioner Van Allen moved to continue the public hearing
regarding C.U.P. #75 -7 to the next meeting and conduct an
on site inspection of the subject property. The motion died
for lack of a second.
Chairman Hart closed the public hearing.
It was moved by Commissioner Mullen and seconded by Commis-
sioner Greenwood to approve Conditional Use Permit #75 -7
subject to the following conditions, with the elimination
of Conditions #2 and 6, and the addition of a condition
stating that the permit be authorized for only the passive
storage use of vehicles and any building proposal shall
require a new conditional use permit application, and subject
to the findings contained in Sections 17.2 -7 and 17.3 -7 of
the Zoning Ordinance.
Commissioner Mullen felt that Condition #1, regarding the
three year effective period, could be deleted since review
would not be necessary until there is an application for the
building. He felt review of a passive use was not necessary.
The Planning Director recommended review of the use on an
annual basis without a public hearing because of the nature
of the application: a use in an industrial zone adjacent to a
single - .family zone which is unique in the City.
It was moved by Commissioner Mullen and seconded by Commis-
sioner Greenwood to amend the motion to change Condition #1
to require that the use be reviewed by the Planning Commission
in one year without a public hearing.
1. This permit shall be reviewed by the Planning
Commission at the end of one year from the date
of approval. This time constraint is deemed
advisable in order to offer the Commission
adequate time in which to evaluate the effects,
if any, of this use on the surrounding neighborhood.
2. Development and use of the property shall be in
conformance with the plans and proposals reviewed
and approved by the Planning Commission.
3. Plans and specifications of proposed on -site security
lighting shall be submitted for review and approval
by the Planning Director and the Director of Public
Works. Such on -site lighting shall be so designed
that direct rays do not shine onto adjacent properties
or interfere with the privacy of nearby residents.
4. The Noise Element of the City's General Plan identi-
fies the residential areas adjacent to the subject
property as having noise measurement values ranging
from 45 -50 dBA. In recognition of this general
ambient level and in accordance with standard noise
ordinances in effect throughout the County, the
maximum permissible, steady noise levels emanating
from the use of this property across property lines
5.
shall be based on the following corrective factors:
Noise source operated less than 12 min. /hour...
... +5dBA
Noise source operated less than 3 min. /hour...
... +10dBA
Noise source operated less than 1 min. /hour...
... +15dBA
5. The hours of operation for this
restricted to the hours between
7:00 p.m. No activity shall be
Sundays.
use shall be
7:00 a.m. and
permitted on
6. The access road from Lincoln Avenue to the subject
property shall be paved to the specifications of
the Building Superintendent.
7. A driveway approach shall be provided at the inter-
section of Lincoln Avenue and the access road;
all necessary permits shall be obtained from the
State Department of Transportation.
8. The entire storage area shall be paved; existing
pavement shall be repaired where necessary and
cleared of weeds and miscellaneous debris.
9. The existing landscaping along the easterly and
southerly boundaries of the subject property
shall be maintained at all times in order to
effectively screen the use of the subject property
from adjacent residential areas.
10. The conditional use permit shall authorize only
the passive storage of automobiles with no auto
repair activities being conducted on the subject
property.
11. No storage of police- impounded vehicles shall be
permitted.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COMMISSIONERS:
1 COMMISSIONERS:
0 COMMISSIONERS:
Greenwood, Mullen, Walsh
and Hart
Van Allen
None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -8 - JOHN K. JONES:
Chairman Hart announced that this was the time and place for
the public hearing to consider a proposed conditional use
permit to engage in the on -site sale of beer in conjunction
with an existing pizza restaurant located at 4356 Lincoln
Avenue, Cypress. He asked for the staff's report.
The Planning Director summarized Staff Report PC #75 -17 dated
September 12, 1975 and presented the plot plan of the building.
Chairman Hart opened the public hearing and asked if the
applicant wished to speak.
Mr. John K. Jones, the applicant, 417 Rose, Long Beach,
California, inquired if the permit would allow the off -site
sale of beer. He stated he anticipated some off -site sales
of beer.
The Planning Director
that the sale of beer
of the liquor license
Beverage Control.
recommended that a condition be added
be in conformance with the provisions
issued by the Department of Alcoholic
6.
Planning Commission Minutes September 18, 1975
Chairman Hart asked if anyone wished to speak in favor
of C.U.P. #75 -8. No one wished to speak in favor. He
asked if anyone wished to speak in opposition. No one
wished to speak in opposition and Chairman Hart closed
the public hearing.
It was moved by Commissioner Mullen, seconded by Commis-
sioner Greenwood and unanimously carried to change Condition
#4 to require that beer be sold off -site and on -site in
accordance with provisions of the liquor license.
It was moved by Commissioner Mullen and seconded by Commis-
sioner Walsh to approve Conditional Use Permit #75 -8 subject
to the following conditions and the findings contained in
Sections 17.2 -7 and 17.3 -7 of the Zoning Ordinance:
1. Approval of this conditional use permit shall not
excuse compliance with any conditions of approval
of Conditional Use Permit #73 -3 which may be
applicable to the subject property.
2. The business shall be conducted in compliance with
the rules and regulations of the Department of
Alcoholic Beverage Control.
3. No fixed bar shall be installed.
4. Beer shall be sold only in conjunction with the
on -site or off -site sale of food.
5. Approval shall be secured from the Orange County
Health Department and Fire Department before a
Certificate of Occupancy is issued.
6. Facilities for the handicapped shall be provided
in accordance with State and County requirements.
The motion was unanimously carried by the followwing roll call
vote:
AYES:
NOES:
ABSENT:
5 COMMISSIONERS:
0 COMMISSIONERS:
0 COMMISSIONERS:
Greenwood, Mullen, Van
Allen, Walsh and Hart
None
None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -9 - ED ALEXANDER:
Chairman Hart announced that this was the time and place for
the public hearing to consider a proposed conditional use
permit to provide for the relocation of a single- family
dwelling on property owned by the First Baptist Church of
Cypress and located at 9131 Watson Street in the RU- Residential
Urban Zone. He asked for the staff report.
The Planning Director presented Staff Report PC #75 -16 dated
September 11, 1975 and the plot plans and elevations. He
indicated the three parcels owned by the Church were combined
into one parcel through a division -of -land action.
Chairman Hart opened the hearing and asked if the applicant
wished to speak.
Mr. Ed Alexander, the applicant, 1332 Latona, Anaheim, Calif-
ornia, stated he agreed with all conditions of approval.
Chairman Hart asked if anyone wished to speak in favor of or
in opposition to C.U.P. #75 -9. No one wished to speak in
favor or opposition and Chairman Hart closed the public hearing.
7.
Planning Commission Minutes September 18, 1975
It was moved by Commissioner Van Allen and seconded by Com-
missioner Walsh to approve Conditional Use Permit #75 -9
subject to the following conditions and the findings contained
in Sections 17.2 -7 and 17.3 -7 of the Zoning Ordinance:
1. Prior to the relocation of the structure onto the
subject property, the structure shall be inspected
by the Building Superintendent to determine the
extent of modification and improvement necessary
to ensure compliance with all City Codes including
Building, Plumbing and Electrical Codes. All
requirements of the Building Superintendent shall
be satisfied prior to the issuance of a Certificate
of Occupancy.
2. All necessary permits shall be obtained to the
specifications of the City Departments of Public
Works, Building and Police.
3. All requirements of the County Fire Marshal shall
be satisfied.
4. All necessary sewer connection charges shall be
paid by the applicant.
5. Drainage fees shall be paid in accordance with
Master Plan of Drainage.
6. Drainage shall be solved to the satisfaction of
the City Engineer.
7. All secondary and primary utility services shall
be underground.
8. Street lights shall be installed per City Standards.
9. Advance street light energy charges shall be paid.
10. Watson Street shall be improved in accordance with
the Master Plan of Streets and Highways.
11. Street trees (15 gal.) 40' on center shall be
installed along streets in conformance to the
street tree policy of the Public Works Department.
The type of trees shall be as required under the
Townscape and Urban Design Element of the General
Plan.
12. Necessary fire hydrants shall be installed in
accordance with Fire Department requirements
and City Standards.
13. Plan checking and inspection fees amounting to
3 1/2% of the street improvements shall be paid.
The motion was unanimously carried by the following roll call
vote:
AYES: 5 COMMISSIONERS: Greenwood, Mullen, Van
Allen, Walsh and Hart
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
8.
Planning Commission Minutes September 18, 1975
RECESS: Chairman Hart called a recess at 9:25 p.m. The
meeting was called back to order at 9:35 p.m. with all Com-
missioners present.
PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE #75 -1:
Chairman Hart announced that this was the time and place for
the public hearing to consider a proposed amendment to the
Zoning Ordinance of the City of Cypress which will establish
standardized land use and zoning classifications for the
City of Cypress. He asked for the staff's report.
The Planning Director reported that the amendment would
incorporate all amendments previously approved by the Planning
Commission and City Council and would establish a County -wide
standardized zoning classification system.
Chairman Hart opened the public hearing. The Planning
Commission reviewed the amended ordinance and recommended
minor revisions and corrections to the document as presented.
Chairman Hart asked if anyone wished to speak in favor
of or in opposition to Zoning Ordinance Amendment #75 -1.
No one wished to speak in support or opposition and Chairman
Hart closed the hearing.
It was moved by Commissioner Van Allen and seconded by Com-
missioner Greenwood to approve Amendment to the Zoning Ordinance
#75 -1. 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
ADMINISTRATIVE MATTERS:
1. Consideration of a request by Robert Jackson for the
outdoor display of furniture at Cypress Discount Furni-
ture located at 5262 Lincoln Avenue, Cypress.
The Planning Director reported this matter was continued
from the last meeting to allow the individual Commissioners
to inspect the property and the outdoor display of furniture.
He presented photographs of the outdoor displays and stated
it was difficult to deny the request because of the outdoor
storage of equipment next door at Suburban Rentals.
Chairman Hart asked if the applicant wished to speak.
Mr. Robert Jackson, 252 North Camino Arroyo, Anaheim, Calif-
ornia, the applicant, stated customers had visited the
store because they were attracted by the outdoor display
of furniture. He stated there were no outdoor signs on
furniture or sale signs, only signs in the windows. He
stated he experienced no traffic problems. He stated
the furniture was left outdoors for a few hours during
the day and he did not feel it was unsightly. He felt
his business would be unsuccessful without the outdoor
display. Mr. Jackson reported that he was attempting
to use the existing free - standing sign.
The Planning Director recommended that, if the outdoor
storage request is approved, any change in the sign program
be subject to the review and approval of the Planning Com-
mission and that the Commission have the option at that
time to reconsider the outdoor storage request. Chairman
Hart felt no precedent would be set because of the outdoor
storage of equipment at Suburban Rentals next door.
9.
Planning Commission Minutes September 18, 1975
It was moved by Chairman Hart, seconded by Commissioner Green-
wood and unanimously carried to approve the outdoor display
of furniture at 5262 Lincoln Avenue subject to the following
conditions:
1. Any change in the signing program shall be
subject to review and approval by the Planning
Commission at which time the Commission may
reconsider the outdoor storage of furniture.
2. All future proposed improvements of the subject
property shall conform to the improvement program
as outlined in the Lincoln Avenue Study.
It was moved by Commissioner Mullen, seconded by Commissioner
Walsh and unanimously carried to add a condition that the
outdoor display be subject to Planning Commission review in
six months.
Commissioner Greenwood asked that the staff investigate a
dumping problem at the northeast corner of Bloomfield Avenue
and Orange Avenue. He stated trucks were dumping concrete
blocks and debris on the property. The Public Works Director
stated he would investigate the problem.
The Planning Director introduced the new Planning Aide, Mr.
Ryan O'Brien. He also reported on a proposed dinner meeting
sponsored by the Orange County Planning Directors' Association
scheduled for November 14.
ADJOURNMENT: Chairman Hart adjourned the meeting at 10:45 p.m.
CHAIRMAN OF THE PLANNING COMMISSION
ATTEST:
SECRETARY OF THE PLANNINQ COMMISSION