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Minutes 1976-06-17MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD June 17, 1976 The regular meeting of the Cypress Planning Commission was called to order at 6:10 p.m. on Thursday, June 17, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Greenwood, Van Allen, Walsh and Mullen Commissioner Hart Also present were Brian Hawley, Planning Director, Art Schat- zeder, Public Works Director and attorney Betsy Strauss. At the Planning Director's request, Chairman Mullen placed Item #4 on the agenda regarding a proposed amendment to the plot plan for Mervyn's department store, and Item #5 regarding conditional use permit #552 in the City of Buena Park. Com- missioner Van Allen requested that Item #6 be placed on the agenda regarding discussion of the City Attorney's opinion relating to Commissioners' attendance at City Council meetings. ADMINISTRATIVE MATTERS: 1. Tentative Parcel Map #76 -6, northwest corner of Ball Road and Denni Street, William & Patsy Morgan. The Planning Director summarized Staff Report PC #76 -22 dated June 10 and presented the tentative parcel map which proposes the division of a half -acre parcel of land located at the north- west corner of Ball and Denni into three lots proposed for single - family residential development. Single- family dwellings are located to the north and west of the subject property, the Texaco Tank Farm is located across Denni to the east, and the Tanglewood development (PRD -5A Zone) is located across Ball Road to the south. The three proposed lots will be 50 feet in width and 150 feet in depth with a minimum area of 7500 square feet. The Commission discussed Condition #12 which requires a 6 foot high block wall along Ball Road and Denni Street which will be decreased to 3 feet in height within 15 feet of the proposed drive approach on Denni. Commissioners Greenwood and Mullen felt landscape treatment could be substituted for the wall on Denni or that the wall construction could be left to the option of the future owners. The Commission inquired if the applicant would install a wheelchair ramp at the corner and if she had any objection to eliminating the wall along Denni Street. Mrs. Patsy Morgan, 9866 Rose Street, Bellflower, stated she had no objection to installing a wheelchair ramp at the corner of Ball and Denni and eliminating the block wall along Denni Street. She also had no objection to a 3 foot high wall along the Denni frontage. It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to approve Tentative Parcel Map #76 -6 subject to the following conditions: 1. Drainage shall be solved to the satisfaction of the City Engineer. 2. All secondary and primary utility services shall be underground. 3. The southerly most drive approach on Denni Street and Planning Commission Minutes June 17, 1976 both drive approaches on Ball Road shall be removed and replaced with full- height curb, gutter and sidewalk per City of Cypress standards. 4. The corner cutoff at the intersection of Ball Road and Denni Street shall be dedicated to the City of Cypress for roadway purposes. 5. Treewells shall be installed in the areas of driveway removal. Street trees (15 gallon) shall be installed in conformance to the street tree policy of the Public Works Department. The type of trees shall be the same as those now existing at the site. 6. 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. 7. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 8. Plan checking and inspection fees shall be paid in accor- dance with Resolution #1713 of the Cypress City Council. 9. Developer shall conform to all applicable provisions of the City Code. 10. In accordance with the City of Cypress Master Plan of Trails, no parking shall be allowed on Ball Road or Denni Street. 11. Drainage from any lot shall not be allowed to flow across adjoining lots, unless it can be proved to the City Engineer that a definite hardship exists in draining all lots directly to the street. 12. A six - foot -high masonry wall shall be installed along the Ball Road property line and around the curb return to Denni Street from where the wall shall be reduced to a maximum height of three feet along the Denni Street frontage. The type of block shall match existing walls adjoining the subject property and shall be constructed in accordance with City Standards, including appropriate footings which would allow for the three - foot -high wall along Denni Street to be increased in height at a later date should future residents of this property so choose. 13. All lots shall have a drainage slope of between one per- cent (1 %) and three percent (3 %). 14. The Orange County Sanitation District sewer connection fee of $250.00 per unit shall be paid. In addition, a developer's tax of $50.00 per unit shall be paid, as required by the City of Cypress Business License Depart- ment. 15. The developer shall pay Recreation and Park fees in accordance with the Recreation and Park Ordinance. 16. All lots shall be connected to the existing sewer lateral on Ball Road. Sewer easements shall be granted as required. 2. Planning Commission Minutes June 17, 1976 17. The existing block wall along the westerly and northerly property line shall be maintained at a six foot (6') height measured from the highest adjacent grade. 18. Access to the parcels shall be designed to prevent backing up onto Denni Street for egress. 19. A curb ramp for the handicapped shall be provided at the intersection of Ball Road and Denni Street in accor- dance with the City Standards. 2. Review of plans for pylon sign, Mervyn's, Valley View south of Ball Road. The Planning Director presented the plans for a freestanding sign for Mervyn's department store. The sign will be 30 feet in height, 144 square feet in area, with brown letters on a white background. The sign will be located behind the planter area along Valley View Street. It was moved by Commissioner Walsh, seconded by Commissioner Van Allen and unanimously carried to approve the plans for the freestanding sign for Mervyn's. 3. Consideration of amendment of plot plan for Mervyn's. The Planning Director reported a request was received from several property owners in the tract west of the Cypress East Shopping Center to amend the plot plans for Mervyn's department store to eliminate a proposed pedestrian accessway. A 10- foot -wide opening in the wall separating the commercial and residential developments was proposed at the end of Stratmore Avenue to allow pedestrian access only to the commercial development. The following residents spoke in support of closing the pedes- trian accessway and felt this would eliminate potential problems. They felt the additional pedestrian and vehicular traffic would be detrimental to the safety of children, intrude on their privacy, increase speeding problems and decrease available parking spaces. Mr. and Mrs. Allen Maracocci, Stratmore Avenue Mr. James Martin, 10191 Saltair Mr. Fred Reiutz, 5826 Stratmore Avenue Ms. Cheryl Horrigan, 5806 Stratmore Avenue Following discussion of this matter, it was moved by Commis- sioner Greenwood, seconded by Commissioner Walsh and unani- mously carried to approve an amendment to the plot plans for Mervyn's to eliminate the pedestrian accessway in the block wall along the westerly boundary line. 4. Consideration of CU -552, City of Buena Park. The Planning Director presented the following item for the Commission's information relating to a public hearing notice for an application for conditional use permit #CU -552 to construct an apartment complex on R -1 zoned property located on the east side of Holder Street, 155 feet north of the center- line of Orange Avenue in the City of Buena Park. Land uses adjacent to the subject property are a church to the south and a multiple - family residential development to the north. He stated staff has no objections to the use from a land use standpoint but they wished to review the traffic circu- lation system as shown on the plot plans. He indicated that 3. Planning Commission Minutes June 17, 1976 after staff receives a copy of the plot plan they will trans- mit any comments regarding the plan to the City of Buena Park. It was moved by Commissioner Van Allen, seconded by Commissioner Greenwood and unanimously carried to direct the staff to transmit to the City of Buena Park the Commission's lack of objection to CU -552. 5. Discussion of abandoned service station report. The Planning Director stated the abandoned service station report was transmitted to the Commission several months ago and he presented a status report on former abandoned service station sites. The southeast corner of Lincoln and Denni is proposed for a 7- Eleven and satellite stores, the northwest corner of Cerritos and Walker was developed with a Cypress Farms fresh produce store, the northeast corner of Cerritos and Moody is still vacant, the southwest corner of Lincoln and Moody (county property) is proposed for commercial devel- opment, and the northeast corner of Walker and Ball Road is proposed for development of an automotive tune -up facility. Mr. Hawley presented slides showing various conversions of abandoned service station buildings which included: a liquor store, bakery store, take -out food restaurant and office building for small businesses such as a real estate office. He stated there were two alternatives to eliminate the eyesores of aban- doned service stations and they were to either wait indefinitely for the buildings to be converted to another use or enact an ordinance which provides impetus for the owner to clear the site. He reported that under the existing ordinance and City Code, the City can require the removal of pump islands, gas dis- pensers and underground tanks if a service station has been abandoned for 180 consecutive days. An alternative would be to adopt an ordinance which requires the demolition of all improvements on an abandoned service station site after a speci- fied period of time. Provisions of the ordinance would be en- forced on an abandoned station only after a public hearing is held. COMMISSIONER HART ARRIVED AT 7:25 P.M. Commissioners Greenwood and Van Allen supported the adoption of an ordinance which would give a period of one year after a service station is abandoned in which to either convert the building or demolish all improvements on the property. Commis- sioner Walsh agreed and felt a one year period is adequate time. Chairman Mullen recommended that the hearing body be the Plan- ning Commission with the applicant having the right of appeal to the City Council. It was moved by Commissioner Greenwood, seconded by Commis- sioner Van Allen and unanimously carried to direct the staff to prepare the abandoned service station ordinance for the Commission's review with the terms that the ordinance will be enforced after a station has been abandoned for one consecutive year and that the Planning Commission be the hearing body with the right of appeal to the City Council. RECESS: Chairman Mullen called a recess at 7:30 p.m. The meeting was called back to order at 7:40 p.m. with all Commis- sioners present. PLEDGE OF ALLEGIANCE: Commissioner Hart led the pledge to the flag. MINUTES: It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to approve the June 3 minutes. 4. Planning Commission Minutes June 17, 1976 ORAL COMMUNICATIONS: Chairman Mullen inquired if anyone wished to speak in regard to any matter which was not on the agenda. There was no one wishing to speak. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #76 -9 - LARRY CLARK: 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 an automobile wheel alignment and brake replacement facility at 6081 Ball Road situated on the northerly side of Ball Road approximately 480 feet easterly of Valley View Street in the CG- 10,000 Commercial General Zone. He asked for the staff's report. The Planning Director summarized Staff Report PC #76 -23 dated June 11 and presented the plot plan. Adjacent uses to the subject property are a proposed roller skating rink to the east, a park and neighborhood shopping center across Ball Road to the south, a single- family dwelling, Edison Company substation and a service station to the west, and single- family dwellings across the Carbon Creek Channel to the north. The staff recommended the following three amendments to the plot plan: 1. That the applicant either relocate the building an addi- tional ten feet from the front lot line or reverse the floor plan of the building, placing the office /storage/ restroom area towards the front rather than the rear of the building. This would reduce potential on -site vehicular traffic conflicts near the driveway entrances. 2. That the applicant consider reducing the landscaped area which divides the property in half to two landscaped islands on either side so that the landscaping does not restrict access to future development on the rear portion of the parcel. 3. That, if the floor plan is not reversed, the front ele- vation be a solid wall with no openings in order to restrict the view of the wheel alignment area from Ball Road. Chairman Mullen opened the public hearing and asked if the applicant wished to speak. Mr. Doyle Bowers, civil engineer representing the applicant, agreed with staff's recommendations regarding a reversal of the floor plans and reduction of the landscaping and felt they were good suggestions. He felt there was no need to submit a revised plot plan for Commission approval since the changes could be worked out with the staff. Chairman Mullen asked if anyone wished to speak in support or opposition to conditional use permit #76 -9. There was no one who wished to speak in favor or opposition. Mr. Bowers reported that the property was under one ownership and that future development of the rear portion would be a use which supports the automotive facility. He stated the drive- ways on either side of the building are 30 feet wide and he did not anticipate any traffic flow problem or problems re- garding access to the rear portion. He stated the applicant had no plans to divide or sell the property. Mr. Bowers agreed to a condition suggested by Commissioner Van Allen that the storage of vehicles be limited to the paved area of the property. Planning Commission Minutes June 17, 1976 It was moved by Commissioner Hart and seconded by Commissioner Walsh to approve Conditional Use Permit #76 -9 subject to the following conditions: 1. Prior to the issuance of a Building Permit, a revised plot plan and elevation plan including the changes required by the Planning Commission and as specified in these conditions of approval shall be submitted for review and approval by the Planning Director. 2. Development of the subject property shall conform to the plans and elevations as reviewed and approved by the Planning Commission. 3. At the time development plans are prepared proposing a precise use for the rear portions of the subject property, these plans shall be submitted for review and approval by the Planning Commission prior to the issuance of a Building Permit. 4. Plans for the landscape and irrigation system shall be submitted for review and approval by the Planning Com- mission prior to the issuance of final building inspection by the City of Cypress. All required landscaping shall be installed and irrigation systems shall be in working condition prior to the issuance of a Certificate of Occu- pancy for this use. 5. Plans of the proposed signing program shall be submitted for review and approval by the Planning Commission. 6. Construction of this project shall meet the requirements of Fire Zone 2 and all requirements of the Uniform Build- ing Code, 1973 Edition, shall be satisfied to the speci- fications of the Building Superintendent. 7. The development of the property shall conform to the requirements of the Orange County Fire Marshal. 8. 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 specifications of the City Staff. 9. The location, number, width and type of driveways on Ball Road shall be subject to the approval of the City Engineer. 10. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 11. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted to the City for approval. 12. 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. 13. Ball Road shall be fully improved with curb, gutter, side- walk, paving, and driveways in accordance with the Master Plan of Streets and Highways. 6. Planning Commission Minutes June 17, 1976 14. All secondary and primary utility services shall be underground. 15. Street lights shall be installed per City Standards. 16. Advance street light energy charges shall be paid. 17. Street trees (15 gallon) 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. 18. 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 agri- cultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date. 19. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 20. Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution #1713. 21. Developer shall conform to all applicable provisions of the City Code. 22. A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the northerly boundary of this parcel adjacent to the flood control channel, per City of Cypress Standards. Type and color of block shall match existing wall along the flood control channel. 23. 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. 24. In conformance with the City of Cypress Master Plan of Trails, no parking shall be allowed on Ball Road in front of this development. 25. 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 "). 26. The sanitary sewer connection fee shall be paid per Orange County Sanitation District Ordinance #303. 27. A parcel map shall be filed if the owner of the land of this proposed development is different from the owner of the land designated as "future development." 28. All outdoor floodlights shall be located so as not to shine directly onto adjoining parcels. 29. All existing structures and improvements on the subject property shall be removed to the specifications of the 7. Planning Commission Minutes June 17, 1976 Building Superintendent. A demolition permit shall be obtained in accordance with established City policy. 30. There shall be no outdoor storage of vehicles or other materials on the undeveloped portions of the subject property as indicated on the plot plans submitted with this request. 31. The floor plan of the building shall be revised to locate the office /storage /restroom area towards the front of the building rather than to the rear as indi- cated on the original plot plan, and the building shall be set back 20 feet from the Ball Road property line. 32. The landscape treatment bisecting the subject property as indicated on the plot plan shall be eliminated and replaced with two landscaped islands having minimum areas of ten feet in width by twenty feet in depth to be located adjacent to the parking stalls at the rear of the proposed development. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: 0 COMMISSIONERS: 0 COMMISSIONERS: Greenwood, Hart, Van Allen, Walsh and Mullen None None Chairman Mullen closed the public hearing. The Commissioners held discussion with the attorney regarding the contents of the legal opinion dated June 10 concerning Planning Commissioners' attendance at City Council meetings. No action was taken on this matter. The Planning Director reported that the deadline for articles in the next issue of the City newsletter is Friday, July 2. He stated the City Council was interested in publishing articles from the Planning Commission regarding its goals, future programs or reports on seminars which have been attended by the Commissioners. Commissioner Hart suggested that the Commission publish a "box score" outlining the number and types of development proposals which the Commis- sion has approved. Commissioner Van Allen invited the Commissioners to a Bicen- tennial costume ball sponsored by the Cypress Bicentennial Committee which will be held Saturday, July 3 at the Cypress Community Center. Tickets are $7.76 and a buffet, door prizes and special entertainment are planned. ADJOURNMENT: Chairman Mullen adjourned the meeting at 8:50 p.m. CHAIRMAN OF T E PLANNING COMMISSION ATTEST: SECRETARY •F THE PLANNING COMMISSION