Minutes 1975-12-04MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
December 4, 1975
The regular meeting of the Cypress Planning Commission was
called to order at 4:15 p.m. on Thursday, December 4, 1975
in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Vice Chairman Gerald Mullen presiding.
PRESENT:
ABSENT:
Commissioners Greenwood, Mullen, Van Allen
and Walsh
Chairman Hart
Also present were Planning Director Brian Hawley, Business
License /Zoning Inspector Sandy Pegueros, Civil Engineering
Assistant Frank Dalesandro, and Planning Aide Ryan O'Brien.
The Planning Director requested that Item #4 on the agenda
be taken out of order since the applicant was present.
ADMINISTRATIVE MATTERS:
1. Zoning Ordinance Interpretation Re: Granting of home
occupation permit for raising earthworms in the RS -6000
Residential Single - Family Zone.
The Planning Director read a letter from Mrs. Tice, 4584
Shasta Circle, Cypress, dated November 25, requesting that
she be granted a home occupation permit to raise earthworms.
She reported that she intended to move into a new home on a
larger lot if she is allowed to raise earthworms. She stated
the worms would be raised in plywood bins 8' x 3' x 16" which
are directly on the ground. The worms would be harvested
once a month and taken to a worm ranch in Huntington Beach
and there would be no sales on the property. Mrs. Tice
stated this would be a "sideline" and not a full time job.
The Planning Director stated that an interpretation of the
Zoning Ordinance was required to determine whether this use
should be permitted as a home occupation.
Following discussion, it was moved by Commissioner Greenwood
and seconded by Commissioner Walsh to approve the raising of
earthworms as a permitted use subject to a home occupation
permit.
Commissioner Van Allen indicated that he was opposed to
approving this use since the Zoning Ordinance outlined
specific requirements relating to home occupations and he
felt this use required a variance.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COMMISSIONERS:
1 COMMISSIONERS:
1 COMMISSIONERS:
Greenwood, Mullen and Walsh
Van Allen
Hart
The Planning Director reported that the staff also received
a request from a person wishing to raise earthworms for
wholesale selling on property on the south side of Lincoln
between Systems Reefer, Inc. and the La Sierra Nursery located
in the CH- 10,000 Zone. The applicant indicated that
a truck would make pick -ups from the property.
Planning Commission Minutes December 4, 1975
The Planning Director reported that this use was not included
as a permitted use in the Zoning Ordinance in the CH Zone.
It was moved by Commissioner Van Allen, seconded by Commis-
sioner Greenwood and unanimously carried to approve the
raising of earthworms as a permitted use in the CH- Commercial
Highway Zone.
2. Design Review - Continuation of consideration of proposed
conversion of the existing abandoned ARCO service station
located at the northwesterly corner of Walker Street and
Cerritos Avenue into a retail produce sales facility with
attendant office and storage_areas. -
The Planning Director presented a revised plot plan. He
stated that the retail selling of produce is a permitted use
in this zone. Adjacent uses are a church to the north and
west, single- family homes to the east across Walker, and Los
Alamitos Race Track to the south. The plans indicated the
cold storage box would be relocated from the north side of
the building and would be recessed into the northwest corner
of the building.
Mr. Frank Gallo, 11301 Kensington, Los Alamitos, California,
the applicant, stated he agreed with all conditions. He stated
he has not made a decision whether the roll -up doors will be
metal or wood but he felt metal would be preferable and less
of a fire hazard.
The Planning Director stated that sidewalk ramps for the
handicapped were not required because there are four drive-
way openings on the property. He suggested that two condi-
tions be imposed: (1) that final plans shall be in compliance
with those approved by the Planning Commission and subject
to approval of the Planning Director and Building official,
and (2) the planting area shall be refurbished and replanted
subject to the specifications of the Planning Director.
The Commission felt there was a need to review final plans
for architectural treatment and landscaping.
It was moved by Commissioner Van Allen, seconded by Commis-
sioner Walsh and unanimously carried to approve the plans
for the conversion of the ARCO service station at Walker and
Cerritos subject to the following conditions:
1. The development on the subject property shall be in
substantial conformance with the plot plans and ele-
vations submitted with this request.
2. All appropriate Building Permits shall be obtained to
the specifications of the Building Superintendent.
3. All new construction shall conform to the applicable
provisions of the Building and Fire Codes adopted by
the City of Cypress.
4. The designated planting areas shall be refurbished
and replanted to the specifications of the Planning
Director.
5. Prior to the issuance of a Certificate of Occupancy,
plans of the proposed signing program shall be submitted
for review and approval by the Planning Commission.
2.
Planning Commission Minutes December 4, 1975
6. Final plot plans and building elevation plans shall be
submitted to the Planning Commission for review and
approval prior to the issuance of a Building Permit
for this conversion.
7. A landscape and irrigation plan shall be submitted to
the Planning Commission for review and approval prior
to final building inspection of the proposed conversion.
All required landscaping and irrigation systems shall
be installed prior to the issuance of a Certificate
of Occupancy for this use.
8. 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 is 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 from the date of
installation of said landscaping to the specifications
of City staff.
3. Design Review - Mervyn's - Valley View and Ball (Cypress
East Shopping Center.)
The Planning Director presented the plot plan, building
elevations and a colored rendering of the Mervyn's depart-
ment store located at the southwest corner of Valley View
and Ball Road. He reported the 67,200 square foot building
would be of scored block with wood trim and would have
canopies over the three entrances. He reported one sign
was proposed to be attached to the building and Mervyn's
may request a freestanding sign at a later date to gain
additional street exposure. He stated that parking ex-
ceeded the requirements of the Zoning Ordinance. He reported
that there would be no loading dock on the west side of
the building as shown on the plans and that the applicant
agreed to enclose the trash compactor with a six foot
high masonry wall. The staff recommended that the wall
on the south and west property boundaries remain at six
feet. He stated landscaping plans would be submitted
at a later date for Commission review and approval.
The Planning Director reported that full street improve-
ments including paving, curb, gutter, sidewalk, street
lights and street trees would be installed adjacent to
the property as part of an arterial highway financing
program and as a condition of the issuance of a building
permit or approval of a Parcel Map.
Mr. Ed Bach, representing Diversified Builders, the developer,
described the architectural treatment of the Mervyn's store.
He stated the developer was attempting to integrate this
addition and the satellite stores with the existing shopping
center development but the Mervyn store wished to differen-
tiate their building a little to retain their own image.
He reported that the satellite stores would have staggered
setbacks and there would be a trellis -type canopy system
between the stores. He reported the developer recommended
cedar canopies but Mervyns desired metal canopies because
of their easier maintenance. Mr. Bach indicated that the
parking stalls were 60 degrees and although they appeared
narrow the developer felt they were easier to maneuver into
than 90 degree stalls. He stated that parking was critical
to Mervyns because of the amount of business they do which
is why parking exceeded the requirements.
It was moved by Commissioner Van Allen, seconded by Commis-
sioner Walsh and unanimously carried to approve the design
plans for the Mervyn's store.
3.
Planning Commission Minutes December 4, 1975
4. Review of Noise Ordinance for the City of Cypress.
The Planning Director summarized a memorandum dated November
17 which recommended that the City adopt the Orange County
Noise Ordinance and contract with the County for noise
enforcement services in order to regulate noise levels
within the City and respond to noise complaints. He
reported that with the County service, the County would not
process complaints from one industrial or commercial use
against another but would process complaints by an individual
against a commercial or industrial operation. He reported
that standards for this type of enforcement were being
prepared.
The Planning Aide reported on other cities' which contract
with the County for noise service. He reported that there
was a variance board to which appeals could be made by noise
violators and, if a violation exists, the Board would set
an amortization period. He stated the City would have to
establish an amortization period as part of the ordinance.
He indicated that the County's amortization period was five
years, while the City of Irvine has an amortization period
of one year. The Planning Director felt a five year period
was too long to correct noise violations and he recommended
adoption of a one year to three year period.
Commissioner Mullen recommended a five year amortization
period. He stated there were about 800 air conditioners
in the Tanglewood development which were about six to 12
years old and if they are all in violation a one year
period would be an insufficient amount of time for them to
be replaced. He felt that in case of a disagreement between
neighbors unrelated to noise, a noise complaint might be
made against that neighbor which would result in selective
enforcement of the ordinance.
The Planning Director pointed out that the ordinance would
require a violator to correct the noise within a certain
period of time which would not necessarily mean replacing
an entire air conditioner. A new part or some type of
screening device might be all that is required. He also
indicated that a violation would be a noise which exceeds
the ambient level and, in this case, the noise from all of
the air conditioners would be included in the ambient level.
It was moved by Commissioner Van Allen, seconded by Commis-
sioner Walsh and unanimously carried to continue consideration
of the noise ordinance to the evening session.
RECESS: Vice Chairman Mullen recessed the meeting at 6:00
p.m. until 7:30 p.m.
CALL TO ORDER:
Chairman Hart called the meeting of the Planning Commission
back to order at 7:35 p.m. in the City Council Chambers with
the following Commissioners in attendance:
PRESENT:
ABSENT:
Commissioners Greenwood, Mullen, Van Allen,
Walsh and Hart
None
Also present were Planning Director Brian Hawley, Planning
Aide Ryan O'Brien, Civil Engineering Assistant Frank
Dalesandro, and attorney Betsy Strauss.
PLEDGE OF ALLEGIANCE: Commissioner Mullen led the pledge
to the flag.
4.
Planning Commission Minutes December 4, 1975
ORAL COMMUNICATIONS: Chairman Hart inquired if anyone
wished to speak in regard to any matter not on the agenda.
There was no one who wished to speak.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
#75 -11, TIC TOC SYSTEMS /UTOTEM: Chairman Hart announced
that this was the time and place for the continuation of
the public hearing to consider a proposed conditional use
permit to install, operate and maintain self- service gasoline
dispensing equipment in conjunction with the existing Utotem
market located at 6021 Orange Avenue, Cypress. Chairman
Hart reopened the public hearing and asked for the staff's
report.
The Planning Director summarized a memorandum dated Decem-
ber 1 which transmitted a revised plot plan showing that
the proposed pump island was relocated further south to
within 12 feet of the front property line in order to
increase the distance from the island to the store. He
reported that the applicant intends to dispense three
grades of gas from two pumps. The landscaped planter
areas were proposed to be expanded and extended as recom-
mended by the staff. The Planning Director reported that
other businessmen in the satellite stores were notified
of this hearing and that staff has received no written
or oral communications regarding the application. The
report transmitted traffic counts for Orange Avenue which
the Traffic Engineer determined were not excessive for
the designed capacity of Orange Avenue. The applicant
indicated that deliveries of gas could be restricted to
between midnight and 6 a.m. to avoid conflict with other
traffic.
Chairman Hart asked if the applicant wished to speak.
Mr. Lawrence Wasserman, 8647 Navajo, San Diego, California,
representing the applicant, presented a film showing the
traffic movements at one of the Utotem stores in the San
Diego area. He reported that the applicant does not own
the property but is on a 20 year lease and did not wish
to install improvements on property which is rented. He
apologized for the statement regarding their willingness
to install landscaping which was interpreted as a threat
by a commissioner. Mr. Wasserman reported that they had
contacted the other businessmen in the satellite stores
advising them of their plans and that they received oppo-
sition from only one of the businesses. Mr. Wasserman read
a petition which was circulated in the immediate area
signed by 141 signatures supporting and one opposing in-
stallation of the pumps. The petition stated that the
pumps are a necessary, desirable and convenient service
and should be built. The petition was not transmitted to
the Commissioners since the attorney determined that it
did not comply with requirements of the City ordinance
relating to petitions.
Chairman Hart asked if anyone wished to speak in favor.
No one wished to speak in support. He asked if anyone
wished to speak in opposition.
Ms. Toni Hubbard, representing Barro's Pizza, stated she
has been managing the business for nine months. She stated
they depended upon telephone orders and pick -up service
and that the store was busy from 4 p.m. to approximately
10 p.m. She felt the installation of gas pumps would
reduce the availability of parking spaces and hurt their
business. She stated that businessmen in the center did
not like to park at the rear of the building because there
is no lighting.
5.
Planning Commission Minutes December 4, 1975
Mr. Dave Webb, operator of the Union 76 service station
at the corner of Valley View and Orange, made a presenta-
tion which attempted to show the amount of gas sales and
traffic which would be generated by the pump installation
in comparison to the other service stations at the Valley
View /Orange intersection. He did not feel there was suffi-
cient parking area to accommodate the pumps and that their
installation would create a hazardous situation. He stated
that a block wall on the west boundary eliminates use
of the rear area. He felt the gas deliveries would conflict
with traffic movements in front of the store. He questioned
who would maintain the pumps and landscaping since the
property is leased from a large corporation.
Mr. Mel Roberts, 5894 Apia Drive, Cypress, operator of the
Shell service station at the corner of Valley View and
Orange, presented photographs of the parking facilities
at the shopping center. He stated parking is inadequate
and usually there are 15 to 20 cars for only 12 spaces.
He stated persons do not park at the rear of the building
because of the possibility of theft, but do park along the
fence adjacent to the alley _and on his lot. He stated there is
a bus stop at the corner and he felt cars waiting in line
for gas would interfere with street traffic and the bus stop.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, indicated
his main objection to the use was that many service stations
are now not providing restroom facilities for customers
and the public. He recommended that the City adopt an
ordinance requiring service stations to provide restrooms
and felt if companies did not it would become the respon-
sibility of the City.
Mr. Raul Chaney, 2588 Newport, Costa Mesa, California,
vice president and general manager of Tic Toc Systems,
manager of the shopping center, stated they would be glad
to mark reserved parking spaces for the tenants as well
as open their restroom to the public. He stated he was
not aware that underground gas dispensing equipment was
available commercially, as suggested by Commissioner Walsh,
and he did not feel it was a viable alternative at present
for technical and economic reasons. He suggested a one
year trial period for the pumps during which time their
maintenance could be reviewed.
Commissioner Mullen felt the lack of restroom facilities
at service stations was the result of inadequate State
legislation and this requirement on Cypress service stations
would place them at a disadvantage with their competitors.
Commissioner Van Allen pointed out that the relocation of
the pump island farther south eliminated access from the
south. He felt that since the location of the gas cap
differed on cars it might cause confusion if cars enter
on the wrong side and are forced to turn around.
The Planning Director reported that the Traffic Engineer
felt three or more vehicles waiting in line for gas would
block the driveway and interfere with on- street traffic.
The Traffic Engineer also felt large delivery trucks would
cause serious constraints in the parking area.
There was no one else wishing to speak and Chairman Hart
closed the public hearing.
6.
Planning Commission Minutes December 4, 1975
Commissioner Walsh stated she voiced her objections at the
previous hearing. She did not feel installation of the
pumps was of great significance and that the parking and
traffic flow situations were hazardous and would cause
accidents. She felt access from only one side of the
pumps and the location of the bus stop added to the problem.
She did not feel this location was comparable to the store
in San Diego shown in the film since the San Diego store
was the sole occupant of the lot.
Commissioner Mullen felt that residents are entitled to
the self- service gas which would be available and he noted
that there was no opposition from the surrounding residen-
tial property owners. He felt the traffic problems were
grossly exaggerated and he compared this site with the
convenience store at Bloomfield and Orange which does not
generate a great amount of traffic in the neighborhood.
He did not feel the Commission should consider the objec-
tions of the nearby service stations regarding loss of
sales because competition is the basis of the free enter-
prise system. He felt the void in State legislation created
the situation of lack of restroom facilities in service
stations. He did not feel a condition should be imposed
requiring the underground gas dispensing equipment since
its legality was questionable. He felt residents had a
right to choose between a lower priced, self- service
station and one which provides other services at a higher
cost.
Commissioner Walsh felt that Cypress residents already
have this option since there were other self- service stations
within the City.
Commissioner Van Allen stated that the arguments regarding
the amounts of sales were not pertinent. He felt imposition
of a condition requiring the new equipment without notice
to the applicant would be unfair. He felt the Commission's
decision should be based on whether adequate parking would
be provided to serve the business, whether the pump instal-
lation would be a safe one, and on the other safety and
parking aspects.
Commissioner Greenwood stated there was a definite parking
problem on the property at present and that he could not
support the use for this reason.
Chairman Hart indicated that the Commission's determina-
tions were based on the free enterprise system and on
the merits of each individual application and were not
based on the issue of competition which he felt was the
motivation for many of the comments in opposition. He
felt that the other businessmen in the shopping center
were notified and given an opportunity to voice their
objections and only one spoke in opposition. He felt
the Commission should be concerned with the traffic aspect
and he stated he saw nothing in the staff report indica-
ting that there would be an extremely hazardous situation.
He stated he would not approve the application if air,
water and other services were provided since this would
encourage persons to stay longer. He felt if there was
a line of cars waiting for gas that others probably would
not want to wait and would return later.
It was moved by Commissioner Mullen and seconded by Chair-
man Hart to approve Conditional Use Permit #75 -11 subject
to the conditions recommended by the staff. The motion
Planning Commission Minutes
December 4, 1975
failed to carry by the following roll call vote:
AYES:
NOES:
2 COMMISSIONERS:
3 COMMISSIONERS:
ABSENT: 0 COMMISSIONERS:
Mullen and Hart
Greenwood, Van Allen and
Walsh
None
It was moved by Commissioner Van Allen and seconded by
Commissioner Walsh to deny Conditional Use Permit #75 -11.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COMMISSIONERS: Greenwood, Van Allen and
Walsh
2 COMMISSIONERS: Mullen and Hart
0 COMMISSIONERS: None
PUBLIC HEARING RE: HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974: Chairman Hart announced that this was the time
and place for the public hearing to consider the second
year Housing and Community Development Act of 1974 grant
application. This hearing will be to discuss provisions
of said Act and to solicit comments and suggestions from
the public on appropriate activities for funding under
this grant program. Chairman Hart opened the hearing and
asked for the staff's report.
The Planning Director summarized a memorandum dated Novem-
ber 25 and transmitted the City's application for second
year funding under the Housing and Community Development
Act of 1974. Also transmitted was a resolution required
to be adopted assuring compliance with all pertinent
regulations, policies, guidelines and requirements relating
to the program. The staff reported that two public hearings
are required to discuss objectives and provisions of the
Act and to solicit citizen input.
The Planning Aide reported that under the 1974 Act, $11
billion in Federal funds were appropriated for housing and
community development purposes. He stated the City of
Cypress, having a population under 50,000, was filing a
joint application with the County of Orange. He reported
that he contacted 31 of the 68 property owners in the
project area and 30 of them expressed support for the
City's application. The application proposes street
improvements in the area east of Walker Street generally
between Karen Street and Bishop Street and includes curb,
gutter, sidewalk, drive approaches, underground utilities,
street lights and street trees.
Chairman Hart asked if anyone wished to speak in favor of
or in opposition to the 1974 Housing and Community Develop-
ment Act. No one wished to speak in support or opposition.
Several Commissioners inquired if there was a possibility
that there would be insufficient funds to complete the
project or if construction is started and funds are with-
drawn would the City or County be responsible for the
remaining costs.
The Planning Director reported that the funding was
appropriated in 1974 but that funding for each year of
the program must be reviewed and approved each year. He
stated it was possible the County might not approve the
City's project and might decide that installation of
public improvements is not a high priority for disbursement
of these funds taking into consideration that one of the
main objectives of the Act is to provide and improve
housing for low and moderate income families. He reported
8.
Planning Commission Minutes December 4, 1975
that the City received an indication that the County does
not feel that public improvements in and of themselves
are of a high priority in relation to County -wide needs.
The staff felt it was necessary to demonstrate that
there is community -wide support for the project which
is the reason the staff mailed personal notices to all
property owners within the project area, issued press
releases publicizing the City's application and project,
and personally contacted the property owners to solicit
input and get an indication of support for the program.
The staff felt that if second year funding is approved
there was a greater likelihood of receiving approval for
third year funding.
Mr. Dalesandro reported that the plans and specifications
for the street improvements were 99% complete and would
be totally complete by next week.
Chairman Hart closed the public hearing.
It was moved by Commissioner Mullen and seconded by
Commissioner Walsh to adopt a resolution recommending
that the City Council approve the City's second year
application for grant funds under the Housing and Community
Development Act of 1974. The motion 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
It was moved by Commissioner Van Allen, seconded by Com-
missioner Walsh and unanimously carried to approve the
City of Cypress' Application for Second Year Housing and
Community Development Act of 1974 Grant Funds.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #75 -12 - KENNETH
M. TERBORCH: Chairman Hart announced that this was the
time and place for the public hearing to consider a proposed
conditional use permit to construct, use and maintain an
apartment complex on a parcel of land having less than the
required minimum area and to encroach into the required
setback areas from an adjacent single - family zone on prop-
erty located at 5616 Newman Street in the RM -20 /A Residential
Multiple Family Zone. Chairman Hart opened the hearing and
asked for the staff's report.
The Planning Director summarized Staff Report PC #75 -22
dated December 1 describing the application. He reported
that Variance #V -313 was approved in October, 1972 for an
identical project but the applicant was unable to proceed
because of his failure to obtain financing. The staff
recommended approval subject to 17 conditions. The Planning
Director reported the conditions were the same as the ori-
ginal conditions with the exception of the condition
requiring a landscaping bond.
The Planning Director transmitted the plot plan and eleva-
tions of the two proposed four -plex buildings. He reported
that parking areas were proposed between the two units and
between the units and Newman Street. Eight covered spaces
are required for each four -plex by the Zoning Ordinance but
the applicant is providing five garage and three open spaces.
He reported that the applicant proposed to establish
a lot line down the center of the property because of
financing requirements. The Planning Director reported
9.
Planning Commission Minutes December 4, 1975
that a 15- foot -wide driveway was proposed on the east
and west property boundaries but felt that the width
would not safely accommodate two -way traffic and recom-
mended that both driveways be designated as one -way.
Chairman Hart asked if the applicant wished to speak.
Mr. Kenneth Ter Borch, 11722 Foster Road, Los Alamitos,
California, the applicant, stated the second story was
designed to have no windows overlooking the single - family
residences.
The Planning Director suggested that one driveway could
be provided, 15 feet on either side of the center lot line.
The applicant stated this would be more desirable and
would be no problem.
The Planning Director recommended the addition of another
condition requiring that final building plans be submitted
to reflect one, 30- foot -wide center driveway to accommodate
safe, two -way vehicular traffic subject to the specifica-
tions of the City Engineer. Commissioner Van Allen pointed
out that 25 feet might be sufficient.
Chairman Hart inquired if anyone wished to speak in support
of or in opposition to Conditional Use Permit #75 -12.
There was no one who wished to speak in favor or opposition.
Chairman Hart closed the public hearing.
It was moved by Commissioner Van Allen and seconded by
Commissioner Mullen to approve Conditional Use Permit
#75 -12 subject to the following conditions and the finding
that the development will be in conformance with Section
17.3 -7 of the Zoning Ordinance:
1. Approval of this request shall not excuse compliance
with all applicable ordinances in effect at the time
this variance becomes effective.
2. Final building plans and elevations shall be substan-
tially in conformance with those submitted with this
request and as approved by the Planning Commission,
and shall be subject to the approval of the Planning
Director.
3. Landscape and irrigation plans shall be in substantial
compliance with the landscape plans submitted with
this request and shall be subject to the approval of
the Planning Director.
4. All construction shall conform to the requirements of
the Building Code and shall be constructed to the
specifications of Fire Zone #2, except that wood shingle
roofs shall be permitted as designated on the elevation
plans.
5. Drainage fees shall be paid in accordance with the
master plan of drainage.
6. Drainage shall be solved to the satisfaction of the
City Engineer. All on -site storm runoff shall be
conveyed to the street through an under - sidewalk
drainage pipe or culvert.
7. Newman Street shall be fully improved with curb,
gutter, sidewalk and driveway in accordance with the
City of Cypress master plan of streets and highways.
Planning Commission Minutes December 4, 1975
8. Street trees (15 gal.) shall be installed forty feet
(40') on center along Newman Street in front of this
development in conformance with the street tree policy
of the Public Works Department. The type of tree shall
be as required under the Townscape and Urban Design
Element of the General Plan.
9. Soil in planting areas, including trees, shall be
tested by a qualified agricultural laboratory to
determine the organic and chemical amendments for
optimum growth for the plants specified. The test
results shall include concentration of nitrogen,
phosphorus, potassium pH, salinity, sodium status and
boron saturation extract. Results of these tests
with recommendations of the agricultural laboratory
shall be furnished to the Public Works Department
for approval at least 30 days prior to planting date.
10. Necessary fire hydrants shall be installed in accor-
dance with fire department requirements and City
standards.
11. Plan check and inspection fees amounting to 3 1/2%
of the street improvements shall be paid.
12. The sanitary sewer connection fee shall be paid by
the developer and forwarded by the City of Cypress
to the appropriate agency.
13. The developer shall conform to all applicable provi-
sions of the City Code.
14. A retaining wall per City of Cypress standards
shall be constructed along the property line where
the grade differential on each side of the wall is
greater than 12 inches.
15. A bond shall be posted by the applicant to guarantee
maintenance of the irrigation system so that it
operates in a 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 speci-
fications of the City staff.
16. A physical barrier (i.e., 6" high curbing) shall be
constructed along all block walls exposed to vehi-
cular traffic to the satisfaction of the City Engineer.
17. The height of the existing block walls shall be main-
tained at a minimum of six feet (6') above the
highest adjacent grade.
18. The plot plan of development shall be revised to
provide for a single driveway entrance to the subject
property at a location and to the specifications
of the City Traffic Engineer.
The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COMMISSIONERS:
0 COMMISSIONERS:
0 COMMISSIONERS:
11.
Greenwood, Mullen, Van
Allen, Walsh and Hart
None
None
Planning Commission Minutes December 4, 1975
PUBLIC HEARING RE: VARIANCE #75 -2 - JAMES P. GALLAGHER:
Chairman Hart announced that this was the time and place
for the public hearing to consider a proposed variance
to construct and maintain an administrative office on a
parcel of land located at 4549 Cerritos Avenue in the
OP- 10,000 Commercial Office Zone, portions of which
building will encroach into the required front setback
area. He opened the public hearing and asked for the
staff's report.
The Planning Director summarized Staff Report PC #75 -23
dated December 1 and presented the plot plans, floor plans
and elevations of the proposed office building. Sur-
rounding uses are single- family dwellings to the north
and east, a preschool to the west, and Los Alamitos Race
Track across Cerritos Avenue to the south.
Chairman Hart asked if the applicant wished to speak.
Mr. James Gallagher, 11151 Donnis Road, Los Alamitos,
California, the applicant, stated he agreed with all
conditions of approval. He reported there would be no
activity on the property earlier than 7:00 a.m. or later
than 6:30 or 7:00 p.m.
The Planning Director suggested adding a condition that
the hours of operation be restricted to between 7 a.m. and
7 p.m., six days a week.
The applicant indicated that if tenants wished to work
late at night they would have to park on the street and
there would be no cars or trucks in the driveway to disturb
the nearby residents.
Chairman Hart asked if anyone wished to speak in favor. No
one wished to speak in favor. He asked if anyone wished to
speak in opposition.
Mr. Frank Morris, 4554 Patricia Circle, Cypress, stated
his property is directly behind this lot and that his home
is within 12 feet of the block wall. He stated that in
some places the wall is only 4 1/2 feet in height. He
asked if concrete blocks would be installed in the parking
spaces to prevent cars from ramming into the wall. He
also asked that the wall be increased in height to protect
his privacy.
The Planning Director reported that one of the conditions
requires that the wall be increased in height to a minimum
of six feet above the highest grade and another condition
requires the installation of a six -inch high concrete curb
along the wall to the north.
The applicant indicated that the only type of vehicles on
he property would be private, office cars or 3/4 or one
ton pick -up trucks.
Mr. George Kronenberg, 10499 Jeanine Lane, Cypress, stated
his property abutted this site immediately to the east and
he asked if any second -story windows would overlook his
property.
The Planning Director advised him that the plans showed no
second floor windows on the side of the building which
faces his property.
12.
Planning Commission Minutes December 4, 1975
The applicant reported that the office uses would relate
to his general contracting business and perhaps one office
would be leased to an accountant or something of this nature.
He indicated that both sides of the garage on either side
of the doors would be used as storage areas.
No one else wished to speak and Chairman Hart closed the
public hearing.
Commissioner Mullen felt there was no need to restrict
the hours of operation since this was a passive use but
he felt vehicles on the property should be restricted to
certain hours.
Commissioner Greenwood felt there should be a restriction
preventing equipment from being operated after business
hours and he stated he wished some assurance that the
offices will not be used as a commercial contracting
building with trucks coming on and off the property and
building materials being stored on the property.
The Planning Director reported that the application and
plot plan indicate an area for storage but this would be
incidental to the office use and located inside the
building. If the garage storage areas were subleased
out to a contractor who would work there he stated it
would be a violation of the intent of the application.
It was moved by Commissioner Mullen and seconded by Com-
missioner Walsh to approve Variance #75 -2 subject to the
following conditions, with no restriction on the hours of
operation, and subject to the finding that the use is in
conformance with Section 17.3 -7 of the Zoning Ordinance:
1. Development of the subject property shall be in
conformance with the plot plans and elevations sub-
mitted with this request and as approved by the
Planning Commission.
2. Plans of the proposed landscape and irrigation system
for the landscaping required within the front yard
setback area shall be submitted for review and approval
by the Planning Commission. All required landscape
and irrigation systems shall be installed prior to
the issuance of a Certificate of Occupancy for the
subject property.
3. The existing walls located adjacent to the residential
areas to the north and east of the subject property
shall be increased in height to a minimum of six
feet above the highest grade. Provisions shall be
made for the installation of landscaping adjacent
to the northerly property line as required by the
Planning Commission.
4. Plans of the proposed signing program for the sub-
ject property shall be submitted for review and
approval by the Planning Commission prior to the
issuance of a Certificate of Occupancy.
5. A bond shall be posted by the applicant to guarantee
maintenance of the irrigation system so that it op-
erates in a 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 subject to
the specifications of City staff.
13.
Planning Commission Minutes December 4, 1975
6. The proposed building shall be constructed in con-
formance with the Building Code and to the specifi-
cations of Fire Zone #2.
7. All utilities to serve the subject property shall be
installed underground.
8. Sewer connection charges, as required by the City of
Cypress, shall be paid by the developer.
9. All roof - mounted equipment shall be screened from
adjacent properties and from the street to provide
for the peace and comfort of adjacent property owners.
10. The existing driveway shall be reduced in width to
twenty -two feet (22'). The portion of existing
driveway to be removed shall be replaced with an
eight foot (8') wide sidewalk and full height curb
and gutter per City standards.
11. A treewell and 15 gallon tree shall be installed in
the area of the removed driveway per City of Cypress
standards.
12. A six inch (6 ") high concrete curb shall be installed
along all block walls exposed to vehicular traffic.
The curb shall be placed a minimum distance of two
feet (2') from the base of the wall to the east, and
a minimum distance of three feet (3') from the base
of the walls to the north and west.
13. Drainage shall be solved to the satisfaction of the
City Engineer. On -site runoff shall be conveyed to
the street through an under - sidewalk drainage pipe.
14. An asphalt "speed control bump" shall be installed in
the driveway just north of the southerly property line
to the satisfaction of the City Engineer.
The motion 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
It was moved by Commissioner Van Allen, seconded by Com-
missioner Walsh and unanimously carried to continue Item
#5, Commission discussion regarding City street sweeping
policy, Item #6, discussion of nuisance abatement and
general neighborhood deterioration, and consideration of
the noise ordinance to the next meeting.
In reference to the earthworm uses which were approved
earlier, Commissioner Van Allen stated that the raising
of earthworms usually involves the introduction of manure
to the soil and he recommended that the staff be aware of
the potential fly problem.
The Planning Director stated he would ask Mr. Brickson of
the Orange County Health Department to research the problem
of air conditioners in the Tanglewood tract as requested by
Commissioners Mullen to determine if violations exist.
14.
Planning Commission Minutes December 4, 1975
ADJOURNMENT:
Chairman Hart adjourned the meeting at 10:00 p.m.
CHAIRMAN OF THE PLANNING COMMISSION
ATTEST:
1 .
SECRETA•Y OF THE PLANNING COMMISSION