Loading...
Minutes 1976-05-06MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD May 6, 1976 The regular meeting of the Cypress Planning Commission was called to order at 6:05 p.m. on Thursday, May 6, 1976 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 Brian Hawley, Planning Director, Art Schat- zeder, Public Works Director, Sandy Pegueros, Business License/ Zoning Inspector, and Roger Grable, Deputy City Attorney. ADMINISTRATIVE MATTERS: 1. Design Review, revised plot plan for Conditional Use Permit #76 -3, David Christian. The Planning Director presented the revised plot plan for a mini - warehouse storage facility located on the south side of Lincoln Avenue, west of Holder Street. The front 200 feet of property is to be reserved for retail commercial develop- ment. The Planning Director reported a parcel map was filed for the property and that the revised plot plan is in confor- mance with the plans and elevations previously approved by the Commission with the deletion of the front 200 feet of property. He stated the staff did not feel the gate and drive- way at the easterly boundary were necessary at this time and they felt the drive might not be compatible with the design of the proposed retail commercial development. Following a review of the plans, it was moved by Commissioner Greenwood, seconded by Commissioner Walsh and unanimously carried to approve the revised plot plan subject to the condi- tions applicable to the original conditional use permit and the condition that the access driveway be paved to the speci- fications of the Public Works Department and that the driveway on the easterly boundary be eliminated. 2. Discussion of signs, Cypress Farms, 5491 Cerritos Avenue, Frank Gallo. The Planning Director presented photographs of the signing at a retail produce sales facility at 5491 Cerritos Avenue. There are four 4' by 8' paper signs on the front (easterly side) of the building which have a change of copy regarding prices every few days, and there are two similar signs on the southerly side of the building. CHAIRMAN HART ARRIVED AT 6:45 P.M. Commissioner Van Allen objected to the fact that the signing program was never presented for Commission approval and he inquired if the signs conformed to the Zoning Ordinance and whether they were considered roof - mounted signs. Mr. Grable stated the signs could be permitted without a variance and that they were not considered roof - mounted signs since they did not extend beyond the roof line, although they did extend beyond the eave line. Planning Commission Minutes May 6, 1976 Commissioners Mullen, Walsh and Van Allen agreed that the type of signing employed seemed appropriate for this type of use. Commissioners Walsh and Van Allen expressed concern that the owner of the business did not follow the correct procedure for sign approval. It was moved by Commissioner Van Allen and seconded by Com- missioner Walsh to refer this matter to the staff in order for the business owner to submit a formal signing program for approval. The motion failed to carry. Commissioner Van Allen felt the business owner did not submit definite plans for a signing program. It was moved by Chairman Hart, seconded by Commissioner Greenwood and carried, with a no vote by Commissioner Van Allen, to approve the signing program for Cypress Farms, 5491 Cerritos Avenue, with the condition that the owner meet with the staff to determine a signing program which is in conformance with requirements of the Sign Ordinance, that the signs may extend beyond the eave line of the building, that there be no further design changes in the signing, and that the staff report back at the next regular meeting regarding final conditions applicable to the signing program. The Business License /Zoning Inspector reported that the business owner does not use the trash enclosure at the rear of the building and that access to the trash enclosure is blocked by a truck which parks there regularly. The Commission directed the staff to seek compliance from the business owner to not store trash outside the enclosure. 3. Review of signing program and landscape plans for Conditional Use Permit #75 -5, Insta -Tune, 5501 Ball Road. The Planning Director presented the landscaping, sign plans and color scheme for Insta -Tune, the automobile tune -up facil- ity and service station to be operated at the northeasterly corner of Ball and Walker Street. He reported that the appli- cant proposes to combine the pricing and freestanding signs for a total sign area which is less than what is permitted in the Sign Ordinance. Signs which will be attached to the building are in conformance with the ordinance. Mr. Crowl, representing Insta -Tune, reported that one change to the color scheme may be the addition of a panel sign for a major oil company which will comply with their logo. It was moved by Commissioner Mullen, seconded by Commissioner Walsh and unanimously carried to approve the signing and landscaping plans for Conditional Use Permit #75 -5, Insta -Tune, 5501 Ball Road. PLEDGE OF ALLEGIANCE: Commissioner Walsh led the pledge to the flag. MINUTES: April 1 and April 15 Commissioner Van Allen requested a correction to page 6 of the April 1 minutes regarding a request by Mr. Licause of Cal Fruit to grow strawberries on property on the west side of Valley View, south of Lincoln Avenue. The Commission agreed that their action on this item was to approve the individual request. The Commission requested that an item relating to permitting agricultural uses in any commercial zone be placed on a future agenda. It was moved by Commissioner Mullen, seconded by Commissioner Greenwood and unanimously carried to approve the April 1 minutes as corrected. 2. Planning Commission Minutes May 6, 1976 It was moved by Commissioner Greenwood, seconded by Commis- sioner Mullen and unanimously carried to approve the April 15 minutes. 4. Planning Commission Election of Officers. Chairman Hart resigned as Chairman and turned the chair over to the Planning Director. The Planning Director stated nominations do not require a second and announced that nominations were open for Chairman. Commissioner Walsh nominated Commissioner Van Allen as Chairman. Commissioner Greenwood nominated Commissioner Mullen as Chairman. It was moved by Commissioner Greenwood, seconded by Commissioner Walsh and unanimously carried to close nominations. A closed ballot vote was taken and Commissioner Mullen was elected Chairman. Commissioner Mullen assumed the chair and announced that nominations were open for Vice - Chairman. Commissioner Van Allen nominated Commissioner Walsh. Commissioner Walsh nominated Commissioner Van Allen. Chairman Mullen nominated Commissioner Greenwood. Chairman Mullen declared nominations closed. A closed ballot vote was taken and Commissioner Van Allen was elected Vice Chairman. ORAL COMMUNICATIONS: Chairman Mullen inquired if anyone wished to speak in regard to any matter not on the agenda. There was no one who wished to speak. PUBLIC HEARING RE: ZONE CHANGE #76 -2 - WARMINGTON COMPANY: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to rezone portions of a parcel of land located in the 4700 block of Lincoln Avenue situated on the southerly side of Lincoln Avenue opposite Sumner Place from the CH- 10,000 Commercial Heavy Zone to the RM -20 /A Residential Multiple Family Zone. He declared the hearing open and asked for the staff's report. The Planning Director requested that the hearing be continued to the next regular meeting since the environmental impact report was not completed. The applicant agreed with the continuance. It was moved by Commissioner Hart, seconded by Commissioner Walsh and unanimously carried to continue the hearing regarding Zone Change #76 -2 to the May 20 meeting. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #76 -7 - MISSION VIEJO COMPANY: Chairman Mullen 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 roller skating facility on a parcel of land situated on the northerly side of Ball Road approximately 400 feet westerly of Juanita Street in the CG- 10,000 Commercial General Zone. He declared the hearing open and asked for the staff's report. 3. Planning Commission Minutes May 6, 1976 The Planning Director asked that Item #5 under Administrative Matters be considered as part of the application. He summarized Staff Report PC #76 -13 dated April 30 which described the proposal to develop a roller skating rink. The subject prop- erty has 264 feet of frontage on the north side of Ball Road with a depth of approximately 355 feet. Single- family dwellings are located to the north across the Carbon Creek Channel, vacant lots to the east and west, and single - family homes, a park and shopping center are located to the south across Ball Road. The applicant submitted to the Commission a brochure containing a description of the project, plot plan, floor plan, elevations, signing and landscaping plans, photographs and a market demand analysis. The Planning Director reported the signing program was in conformance with the Zoning Ordinance and the landscaping program would consist of groundcover and 15 gallon trees, mostly Eucalyptus and Evergreen Pear. He reported a parcel map was filed and the applicant requested a waiver of street improve- ments on Juanita and a waiver of the drainage fees for parcel #2 which fronts on Juanita Street and is not proposed for development at this time. These conditions can be satisfied at the time of development of parcel #2. He reported that the actual separation of the closest point of the subject property is about 100 feet from the single - family property to the north but because of the configuration of the subject property and the curve of the drainage channel the building will be about 150 feet from the single - family residences. Chairman Mullen asked if the applicant wished to speak. Mr. Van Stevens, Director of Advanced Planning for Mission Viejo Company, reported this is the first time the company has proposed to construct and operate such a facility outside of Mission Viejo and he presented photographs of the facility in Mission Viejo. He stated the applicant agreed with all conditions of approval. He requested a waiver of street improvements on Juanita Street until the time of development of parcel #2. He reported on supervision which would be provided at the rink - there would be 8 full -time personnel in the building on regular nights and 13 on busy nights; there is 1 skating guard on the rink at all times; there will be two security guards - one indoors and one outside. He stated the outdoor security guard would remain in the parking lot until the last car has left. He reported the company has no intentions of selling the rink. Chairman Mullen asked if anyone wished to speak in favor. Mr. Howard Rowen, 5831 Shirl Street, Cypress, president of the Cypress Citizens' Association, inquired where the parcels would be divided, if the entire property was owned by the Mission Viejo Company and if they had any future plans for development of parcel #2. Mr. Stevens reported that both parcels are owned by the Larwin Company and if their application is approved they will enter a 15 -day escrow to purchase parcel #1 only. The Planning Director outlined the two parcels. Mr. Rowen stated as a resident he appreciates the company deciding to expand its business in Cypress, that it will be an asset to the City and he supports the proposal. Chairman Mullen asked if anyone wished to speak in opposition. 4. Planning Commission Minutes May 6, 1976 Mrs. E. Barr, 6076 Berry Drive, Cypress, objected to the use at this location because she felt it would increase juvenile problems in the area. She reported that teenagers hang out at the Jackin- the -Box restaurant on Ball Road and create a disturbance to the residents and they also drag race along Ball Road. She indicated she received a letter stating the applicant is relocating from Huntington Park and she inquired why they were relocating. The staff and applicant both indicated no communications were mailed out to residents other than the public hearing notice. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, spoke in support of the project but felt the location was isolated and that the applicant should have considered a location on Lincoln Avenue to take advantage of the traffic. He suggested that the applicant consider developing other recreational facilities, like a bowling alley or ice skating rink, on the other parcel. He felt recreational facilities were greatly needed in Cypress. .Mrs. Carol Vogle, 9866 Joel. Circle, Cypress, inquired about the location of the air conditioning equipment, if there would be any rear doors or windows to the building, if there would be access to the rear of the building, if a wall was proposed on the northerly boundary adjacent to the channel, and if speed bumps would be provided in the parking lot. She stated she opposed the use because it is too close to the residences to the north and she reported on problems with teenagers drinking and smoking pot in her cul -de -sac and in the drainage channel. She reported her home had been vandalized. She asked if there would be a limitation on hours of operation and recom- mended that there be one. The Planning Director stated the air conditioning equipment would be roof - mounted and screened from view from adjacent properties and that noise disturbance was subject to regulation by the Noise Ordinance. Mr. Stevens stated no windows were proposed on the north side of the building but there would be two emergency doors which would also provide access to the trash storage area. He reported a six - foot -high block wall would be constructed along the northerly boundary and they would attempt to prevent access to the rear of the building with a fence across the driveway if it is acceptable to the Fire Marshal. He stated speed bumps would be provided in the parking lot. Mr. David Farrington, 9875 Joel Circle, Cypress, felt the class of teenagers in Mission Viejo was different from Cypress and he reported the teenagers who hang around Jack -in- the -Box create noise disturbance to residents. There is also a problem with teenagers drag racing on Ball Road. He felt the facility would attract the same type of persons who create the present problems and would also generate a noise disturbance to the residences to the north. Mr. James Duncan, 4528 Lemon Circle, Cypress, asked if the building would be concrete and if music would be played inside. He asked that the Commission protect adjacent residents from any noise disturbance and reported that there has been a problem with drag racing in the City for many years. Mr. Stevens reported that according to their studies, 62% of the persons patronizing the skating rink are below driving age and that once they are driving age they seek other forms of entertainment. He stated there will be a dress code at the rink which will be enforced. Mr. Stevens stated guards will be present on Friday and Saturday nights and for special events. 5. Planning Commission Minutes May 6, 1976 He stated the building is concrete, interior walls and floors are carpeted and there will be no open doors during any activity. He felt the rink is a very quiet, contemporary facility which is quite different from the rinks built in the 1930s and 40s. The regular hours are 9:30 to midnight on Friday and Saturday, 9:30 to 9:00 p.m. on Sunday, and 9:30 to 10:00 p.m. on weekdays. Special events have never continued beyond midnight. He indi- cated the applicant has the same concerns that were expressed by the speakers. Commissioner Greenwood stated the applicant had addressed in their report the concerns which were expressed and that it was unfortunate these materials were unavailable to the audience. Chairman Mullen closed the public hearing. Following discussion by the Commissioners regarding the proposal and comments made by the speakers, it was moved by Commissioner Hart and seconded by Commissioner Walsh to approve Conditional Use Permit #76 -7 subject to the following conditions and the findings contained in Section 17.2 -7 of the Zoning Ordinance. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Hart, Van Allen, Walsh and Mullen 0 COMMISSIONERS: None 0 COMMISSIONERS: None 1. The development of the subject property shall conform to the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission. 2. The landscape and irrigation systems as proposed on the plans submitted by the applicant shall be installed and completed prior to the issuance of a Certificate of Occupancy for this use. 3. The construction of the proposed freestanding sign and the sign attached to the front of the building shall be in conformance with the sign plans and elevations submitted with this request and as reviewed and approved by the Planning Commission. No additional signing shall be per- mitted except incidental signs such as traffic directional signs as outlined in Section 16 of the Zoning Ordinance. 4. Construction of this project shall meet the requirements of Fire Zone II. This condition will require one -hour construction throughout the building except that the walls on the north and west sides of the building shall be of two -hour construction due to the proximity of the building to the adjacent lot lines. 5. All of the requirements of the Uniform Building Code, 1973 edition, shall be satisfied with respect to the type of construction and occupancy requirements of said walls. 6. Development of the property shall conform to the require- ments of the Orange County Fire Marshal. 7. Drainage shall be solved on all parcels to the satisfaction of the City Engineer. A grading plan shall be submitted to the City for approval. 8. Any on -site drainage runoff being conveyed to the street shall flow under the sidewalk and through the curb face, by means of a culvert, per City of Cypress standards. 6. Planning Commission Minutes May 6, 1976 9. Any necessary dedications along the Ball Road frontage shall be provided in accordance with the master plan of streets and highways. 10. Ball Road shall be fully improved with curb, gutter, sidewalk paving, and driveways, in accordance with the master plan of streets and highways. 11. All secondary and primary utility services shall be underground. 12. Street lights shall be installed per City Standards. 13. Advance street light energy charges shall be paid. 14. Street trees (15 gal.) 40' on center shall be installed along Ball Road in conformance with 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. 15. 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, salinity, pH, sodium status and boron saturation extract. Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Depart- ment for approval at least 30 days prior to planting date. 16. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 17. Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution No. 1713. 18. Developer shall conform to all applicable provisions of the City Code. 19. If a considerable amount of on -site drainage runoff is conveyed to Ball Road, it will be necessary to install curb, gutter, and street pavement on Ball Road westerly of this development, to connect with existing curb, gutter and pavement. 20. A permit shall be obtained from the Orange County Flood Control District prior to any work within the channel to the north of this development. 21. A minimum six -foot high (6') block wall, measured from the highest adjacent grade, shall be constructed along the northerly boundary of proposed Parcel #1, per City of Cypress Standards. A continuous six -inch high (6 ") concrete curb shall be installed three feet (3') southerly of the wall to protect it from vehicular traffic. 22. All existing, on -site trees which are designated land- mark trees by the City of Cypress shall be preserved whenever possible. 23. The proposed building may be relocated five feet (5') westerly, placing the west wall of the building on the property line, and allowing a thirty -foot (30') wide drive along the east side of the building. This condition will enable the applicant to make full use of the property and will eliminate a potential problem strip from becoming a trash receptacle. 7. Planning Commission Minutes May 6, 1976 24. Handicapped parking stalls and building access ramps for wheelchairs shall be installed in accordance with State of California specifications, to the satisfaction of the Planning Director, City Engineer and Building Superin- tendent. 25. In conformance with the City of Cypress Master Plan of Trails, no parking shall be allowed on Ball Road in front of this development. 26. A retaining wall per City of Cypress Standards shall be constructed along all property lines where the grade differential on the two sides of the property line is greater than twelve inches (12 "). 27. 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 twelve (12) months, to the specifications of the City staff. 28. The sanitary sewer connection fee shall be paid per Orange County Sanitation District Ordinance #303. 29. A bicycle rack, having minimum storage for fifteen (15) bicycles, shall be installed. The location of all bicycle racks shall be subject to the approval of the City staff. 30. The location, quantity, width, and type of driveways on Ball Road shall be subject to the approval of the City Engineer. 31. The developer shall remove existing striping on Ball Road in the area of this development, as directed by the City Engineer, and shall reimburse the City of Cypress for all costs of restriping Ball Road to accommodate traffic generated by this development. 32. The hours of operation of this facility shall be res- tricted in accordance with the following schedule: Monday through Thursday - 9:30 a.m. to 10:00 p.m.; Friday and Saturday - 9:30 a.m. to 12:00 p.m.; Sunday - 9:30 a.m. to 9:00 p.m. 33. Approval of this permit shall be subject to the maint- enance of security guards in accordance with the program as outlined by the applicant to the Planning Commission and as recorded in the minutes of the hearing on this subject. It was moved by Commissioner Hart, seconded by Commissioner Walsh and unanimously carried to approve Parcel Map #76 -3 subject to the following conditions: 1. Drainage fees shall be paid on all parcels of this Tentative Parcel Map in accordance with the City's Master Plan of Drainage. 2. Any necessary dedications along the Juanita Street frontage shall be provided in accordance with the Master Plan of Streets and Highways. 3. Juanita Street shall be fully improved with curb, gutter, sidewalk, full street pavement, street lights and street trees in accordance with the City's development standards for local collector streets. 8. Planning Commission Minutes May 6, 1976 4. If the on -site drainage for Parcels #1 and #2 are to be designed to flow directly into the flood control channel by means of a channel inlet structure along the northerly boundary, a drainage easement shall be granted across these parcels to the remaining undeveloped land bound by Parcels #1 and #2, Ball Road and Juanita Street. 5. Final parcel map filing fees shall be paid to the City of Cypress An accordance with City Council Resolution No. 1713. 6. All conditions of approval of Conditional Use Permit No. 76 -7, as they relate to this parcel map, shall be satisfied as a condition of approval of this application. It was moved by Commissioner Hart, seconded by Commissioner Walsh and unanimously carried to approve the landscaping, irrigation and signing plans for Conditional Use Permit #76 -7. It was moved by Commissioner Hart and seconded by Commissioner Walsh to adopt a resolution recommending that the City Council approve the request to waive all fees applicable to the improve- ment of Parcel #2. Commissioner Van Allen did not support a waiver of the drainage fees and felt they were unrelated to development of the property. An amended motion was moved by Commissioner Hart, seconded by Commissioner Walsh and unanimously carried to adopt a resolution recommending that the City Council waive the condi- tions requiring street improvements on Juanita Street. Commissioner Van Allen noted a discrepancy between what was stated in the City Council minutes of April 12 regarding Condi- tional Use Permit #76 -1, relating to establishment of a 7- Eleven market at the corner of Lincoln and Denni Street, and the action taken by the Planning Commission on April 15. The Planning Director stated he would transmit the Commission's concerns to the City Council. ADJOURNMENT: Chairman Mullen adjourned the meeting at 9:35 p.m. to Thursday, May 13 at 7:30 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF T PLANN NG COMMISSION 9.