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Minutes 1976-07-01MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD July 1, 1976 The regular meeting of the Cypress Planning Commission was called to order at 7:35 p.m. on Thursday, July 1, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Greenwood, Hart, Van Allen, Walsh and Mullen None Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director and attorney Betsy Strauss. PLEDGE OF ALLEGIANCE: Commissioner Hart led the pledge to the flag. The Planning Director asked that an item be placed on the agenda under Oral Communications regarding the landscaping for Mervyn's department store. Commissioner Van Allen asked that an item regarding Zip'z Ice Cream be placed on the agenda. MINUTES: June 17, 1976 It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to approve the June 17 minutes as corrected. ORAL COMMUNICATIONS: The Planning Director reported he had received correspondence from several property owners located west of Mervyn's depart- ment store in the Cypress East Shopping Center which expressed concern over the inadequate landscaping along the westerly boundary wall and lack of privacy. The type of landscaping proposed were 15 gallon trees 15 feet on center along the wall adjacent to Mervyn's and the single- family homes. Stricter landscaping requirements were not imposed by the Commission when the plans were approved since Mervyn's and the satellite stores are located over 200 feet from the residences. The Planning Director reported that Mr. Ed Bach, of Diversified Development, was aware of the residents' concerns. He was unable to attend tonight's meeting and suggested that the property owners meet with him to resolve the problem. The Planning Director recommended to continue this item to the next meeting. The following speakers expressed concern over the inadequate landscaping, lack of privacy and fact that paving extends up to the wall and persons walking in this area have direct vision over the wall into the adjacent yards: Mr. Don Kennedy, 5843 Holmby Court, Cypress Mrs. Sylvia Gunderson, 5854 Holmby Court, Cypress Mr. Leon Basinger, 5851 Comstock, Cypress Mr. Kennedy pointed out that the developer was preparing to blacktop the area behind Mervyn's adjacent to the wall and he asked that the City suspend this action until the landscaping problem is resolved. Planning Commission Minutes July 1, 1976 It was moved by Commissioner Hart, seconded by Commissioner Van Allen and unanimously carried to continue this item to the next meeting, direct the Planning Director to send a communication to the developer requesting him to suspend the blacktopping along the westerly property line and if he proceeds it is at his own risk, and encourage the developer to meet with representatives of the property owners prior to the next meeting to work out a solution. ORAL COMMUNICATIONS: Chairman Mullen asked if anyone wished to speak in regard to any matter not on the agenda. There was no one wishing to speak. PUBLIC HEARING RE: ZONE CHANGE NO. 76 -5 - GAY STREET: Chair- man Mullen announced that this was the time and place for the public hearing to consider a pre- annexation proposal to change the zoning on approximately eight acres of land from an existing County Agricultural A -1 Zone to the RS -6000 Residential Single- Family Zone and the PS -1A Public and Semi - Public Zone. Said property is located in the 8100 and 8200 blocks of Gay Street, situated on the northerly extension of Carob Street and on the westerly side of Gay Street adja- cent to the Pacific Electric Railroad right -of -way. He declared the hearing open and asked for the staff's report. The Planning Director summarized Staff Report PC #76 -25 dated June 23 and presented slides of the subject property. The pre- annexation zone change was initiated by the City Council on May 24 at the request of property owners who repre- sent over 50% of the assessed value of the area. The property consists of seven parcels including four single - family homes and horse stables. The Planning Director reported one commun- ication was received from a property owner at 8172 Acacia who was unable to attend this meeting. The property owner supported the zone change and felt any change would help abate the serious fly and dirt problems in the area. Chairman Mullen asked if anyone wished to speak in favor of Zone Change #76 -5. Mr. Jeff Owens, 8412 Carob, Cypress, stated he was very much in favor of improving the area. He suggested that all of Gay Street be included in the annexation in order to clear up the junk and debris in the area. He asked that ingress and egress to the annexed area not be through Carob Street. Chairman Mullen asked if anyone wished to speak in opposition. Mr. Cramer, 8212 Gay Street, Cypress, asked if 50% of the property owners supported the zone change and felt only one property owner wished to develop the property. The Planning Director explained that property owners representing over 50% of the assessed value of the property may request annexation and the City received signed affidavits of their support in this application. Mr. William Tillman, owner of three properties on Gay Street, stated he liked the quiet country atmosphere in the area and he felt a zone change would increase traffic and noise. He opposed access to the annexed property from Carob Street and felt it should remain a dead -end street and he asked the Commission to deny the zone change. Mrs. Walton, 8281 Gay Street, Cypress, stated her property back -ends the subject property and she opposes the zone change. 2. Planning Commission Minutes July 1, 1976 Mr. Bob Drennan, 8291 Monique Way, Cypress, reported there is an on -going study of County islands in which the County is trying to resolve inconsistencies between the County's Land Use Element and zoning regulations and he recommended that the zone change be delayed until the study is completed. He felt the rural atmosphere of the area should be preserved and that it could be an asset to the City. Mr. Ralph Miller, 8151 Gay Street, Cypress, reported he operates a commercial dog kennel on two parcels on Gay and he is purchasing a third parcel and he felt the zone change would discriminate against his business and decrease his property value. He suggested that the property be developed with very low- density dwellings. Mrs. Michele Thomas, 8242 Fontainbleau, Cypress, stated she strongly opposes the zone change and felt the area should remain available for the horse activities and 4 -H Club. Mr. Chuck Moxley, 8162 Gay Street, Cypress, stated he liked the animals and horses in the area, supported a horse park in this area and stated he wished to raise his family here. Mrs. Virginia Tolle, 8421 Denni, Cypress, stated her property backs up to Gay Street, that they have raised horses for about ten years and they enjoy the rural atmosphere and feel it should remain. She felt the proposed development would create worse traffic problems. Mr. Ron Tolle, 8421 Denni, Cypress, supported RS -15000 zoning for Gay Street. He stated he liked the quiet rural atmosphere and felt there should be more of this type of zoning. Mrs. Becky Andrade, 8192 Acacia, Cypress, stated many residents on Acacia Drive do not appreciate the horses because of the severe fly, dust and odor problems they create. She stated she would like to see the property developed with a different use such as the one proposed. Mr. Walton, 8281 Gay Street, Cypress, stated he was required to dedicate a portion at the rear of his property to the City and inquired why he was not allowed access to Carob Street. Mr. Ralph Miller, 8151 Gay, Cypress, stated the animal and horse activities existed in this area prior to many of the residential property owners and the animals will be taken away by the County Health Department if the owners do not meet County regulations. The Planning Director reported that the only valid concern expressed was by Mr. Miller since he was one of the property owners in the area proposed for annexation and pre- zoning. He stated that the kennel operated by Mr. Miller would be allowed in the RS -6000 zone subject to a special permit similar to that issued by the County. The quasi- construction yard which Mr. Miller operates would be a non - conforming use which he could continue to operate indefinitely. Mr. Hawley reported that the Local Agency Formation Commission will hold a public hearing on the annexation of this property on July 14 at 2 p.m. in the Board of Supervisors hearing room in Santa Ana. Commissioners Hart and Walsh supported a low density residen- tial designation for the property which would permit property owners to keep horses and other farm type animals thereby retaining the benefits of a rural atmosphere. Chairman Mullen supported the zone change and felt it would benefit the community if the boundaries of the City are consistent with its sphere of influence. 3. Planning Commission Minutes July 1, 1976 It was moved by Commissioner Hart and seconded by Commissioner Walsh to approve a pre- annexation zoning designation of RS- 15,000 for the subject property. Mr. Gonzales, 8265 Gay Street, Cypress, asked if properties located between Gay and Carob Streets were included in the annexation proposal. Chairman Mullen advised him they were not included. Mr. John Moto, 8241 Gay Street, Cypress, stated an applica- tion for rezoning was previously denied by the Planning Commission and he felt the real estate agent in this case was attempting to have the property rezoned in a round -about way. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COMMISSIONERS: Hart and Walsh 3 COMMISSIONERS: Greenwood, Van Allen and Mullen 0 COMMISSIONERS: None It was moved by Commissioner Mullen and seconded by Commis- sioner Van Allen to approve Zone Change #76 -5. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COMMISSIONERS: Greenwood, Van Allen and Mullen 2 COMMISSIONERS: Hart and Walsh 0 COMMISSIONERS: None Chairman Mullen closed the public hearing. RECESS: Chairman Mullen called a recess at 9:25 p.m. The meeting was called back to order at 9:30 p.m. with all Com- missioners present. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE #76 -3: Chairman Mullen announced that this was the time and place for the public hearing to consider proposed amendments to the Zoning Ordinance of the City of Cypress regarding the construction of signs and billboards particularly in the CH- 10,000 Commercial Heavy Zone as such zone designation applies to Lincoln Avenue and possible amendments regarding signs in other commercial and industrial zones throughout the City. He declared the hearing open and asked for the staff's report. The Planning Director asked Mr. Alex Bell, Chairman of the Lincoln Avenue Action Committee, to present the Committee's report regarding signing. Mr. Alex Bell, 9461 Grindlay Street, Cypress, transmitted a memorandum dated June 15 which indicated the Committee unani- mously recommended the following amortization programs for non- conforming signs on Lincoln Avenue: 1. Painted Signs - One year for businesses to eliminate all signs painted on the sides of buildings. The one year limitation would begin with the start of all amor- tization programs for signs upon adoption of the proposed ordinance. 2. Projecting Signs - One year for signs which project over public right -of -way to be brought into conformance. 3. Flashing Signs - A six month period to eliminate flashing signs was recommended by the three original Committee members. A one year period was suggested by the three businessmen Committee members. 4. Planning Commission Minutes July 1, 1976 In regard to billboards, the Planning Director reported that he contacted several cities in the County to determine their regulations on signs and billboards and obtained their sign ordinances. Representatives of the billboard industry were also contacted. These businessmen suggested that the Committee consider the City of Anaheim ordinance. The Committee felt this was an equitable ordinance and recommended its adoption by the City of Cypress. Mr. Bell outlined provisions in the ordinance dealing with billboards which the Committee recom- mended for adoption. The Planning Director reported that one suggestion made by representatives of the billboard industry was that if only one side of a billboard structure has adver- tising the back side shall be covered with suitable material and shall be maintained. Chairman Mullen asked if anyone wished to speak in favor of Amendment #76 -3. Mr. Mike Whalen, 8549 Pierce Street, Buena Park, member of the Lincoln Avenue Action Committee, stated the three business- men members felt most existing signs are not obnoxious and should remain and the greatest problem is lack of maintenance. They suggested that only billboards and signs not being used be removed. Mr. Whalen suggested that the City adopt the same procedure as the City of Buena Park where existing non - conforming signs may remain but new signs must conform to the sign ordinance. Mr. Robert Reed, representing Foster and Kleiser, 1550 W. Washington Boulevard, Los Angeles, discussed various items in the billboard ordinance. He felt several billboards on Lincoln were originally tract directional and advertising signs for which a bond was posted for removal and that an analysis of the old permits would show they are illegal and could be subject to immediate removal. He felt the 1500 foot radius separating billboards was a good condition, that billboards should be con- structed on two or less steel supports and he stated it was his suggestion that the backs of the signs be covered with a suitable material and maintained. He reported he would have four or five locations where the signs would become non - conforming under the ordinance because they are in a different zone - the PS Zone - where they are in the railroad right -of -way. He felt this was an ideal location for billboards and requested that, after the three year amortization period and if the surrounding property has not been developed, they have the right to renew their permits. Mr. Reed stated he preferred a site plan review or administrative procedure to cut down on time and application fees instead of the conditional use permit procedure. There was some discussion regarding political signs and Chairman Mullen recommended that the item be discussed fully at a future meeting. Commissioner Van Allen recommended that "rebuilt" be inserted in Items #G 2 and 3 so that the provisions of the ordinance regarding location of billboards from residential zones and from each other apply to rebuilt as well as new billboards. In Item #7a and b he recommended that the appraised value be changed from $200 to $500 so that non - conforming billboards under $500 in appraised value shall be removed within one year and those over $500 shall be removed within three years. Mr. Reed felt the ordinance would prevent a sign company from repairing a billboard which is partially destroyed, for example, from wind or an auto accident, and he inquired who would be liable if the sign becomes dangerous. The attorney stated the sign company would be liable since it has the option of rebuilding the sign or letting it remain. She suggested the inclusion of another definition in the ordinance for "new billboard" to state: 5. Planning Commission Minutes July 1, 1976 "A new billboard shall be any billboard which is not in exis- tence on the effective date of this ordinance." She recom- mended that "rebuilt" not be inserted in Items G 2 and 3 since these items would be covered by the definition of new bill- board. Commissioner Van Allen recommended that the ordinance require a billboard which is more than 50 percent destroyed to be removed. Chairman Mullen asked if anyone else wished to speak in support or opposition. No one else wished to speak. The Planning Director stated he supported adding the definition of "new billboard" to the ordinance, eliminating the word "rebuilt" in Items G 2 and 3, and including a condition that if over 50% of a billboard is destroyed it shall be removed. It was moved by Commissioner Hart and seconded by Commissioner Walsh to approve Amendment to the Zoning Ordinance #76 -3 by adopting the ordinance as recommended with the staff with the ordinance to include the definition of "new billboard." Chairman Mullen felt the ordinance needed more study and recommended that it be continued to the next meeting for further discussion. Mr. Alex Bell recommended that the Commission adopt the ordinance with the provision that further modifications and refinements will be presented for Commission consideration at a later date. A substitute motion was moved by Chairman Mullen and seconded by Commissioner Greenwood to continue the ordinance to the next meeting. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COMMISSIONERS: Greenwood and Mullen 3 COMMISSIONERS: Hart, Van Allen and Walsh 0 COMMISSIONERS: None The original motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COMMISSIONERS: Hart, Van Allen and Walsh 2 COMMISSIONERS: Greenwood and Mullen 0 COMMISSIONERS: None Chairman Mullen closed the public hearing. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #76 -10, JOSEPH AND JANE TOCHIHARA: 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 recreational vehicle storage facility on property located at 5702 Lincoln Avenue situated on the southerly side of Lincoln Avenue approximately 1115 feet easterly of Walker Street in the CH- 10,000 Commercial Heavy Zone. He opened the hearing and asked for the staff's report. The Planning Director summarized Staff Report PC #76 -24 dated June 16 and presented the plot plans and elevations and slides of the property. A motel and U.S. Post Office are located e a s t of the property, a vacant lot separates the property from two motels to the west, commercial uses are located to the north across Lincoln Avenue, and the Pacific Electric Railroad separates the property from single- family dwellings in the RM Zone to the south. The facility proposes to accommo- date 68 recreational vehicles. 6. Planning Commission Minutes July 1, 1976 Chairman Mullen asked if the applicant wished to speak. Mr. Joseph Tochihara, 4586 Everest Circle, Cypress, felt the City needs such a facility and it would eliminate the problem of on- street parking by recreational vehicles. He felt that maintaining all of the existing Eucalyptus trees on the prop- erty could be a maintenance problem. He agreed to place slats in the chain -link fence and suggested cedar slats. The applicant reported the existing dwelling will be upgraded and used as a residence for a security guard who will be on the property 24 hours a day. He stated he is also acquiring guard dogs. Commissioner Van Allen inquired why the light standards were 30 feet in height. The Public Works Director indicated that more light standards would be required if they were lower. The applicant stated he required lighting only for security purposes since there would be no night activity on the property and he felt several standards could be eliminated. The Planning Director suggested that Condition #7 relating to the light standards be changed to state that the light stand- ards shall be designed to the specifications of the City staff. Commissioner Hart suggested that a condition be added setting the hours of operation between 8 a.m. and 8 p.m. Chairman Mullen asked if anyone wished to speak in support or in opposition to Conditional Use Permit #76 -10. There was no one who wished to speak in favor or opposition. It was moved by Commissioner Greenwood and seconded by Com- missioner Hart to approve Conditional Use Permit #76 -10 subject to the conditions recommended by the staff. Chairman Mullen expressed concern about the appearance of the chain -link fence along the front of the property and felt it would take a couple of years for the planting to grow and provide an adequate screen. He suggested that a slumpstone wall be constructed along Lincoln Avenue which would be in conformance with the Lincoln Avenue improvement program. Commissioners Greenwood and Hart withdrew the motion and second. It was moved by Chariman Mullen and seconded by Commissioner Greenwood to approve Conditional Use Permit #76 -10 subject to the conditions recommended by the staff with the additional condition that the chain -link fence along the front property line be replaced by a slumpstone wall with a chain -link gate and other material which is acceptable to the Planning Director and which provides adequate screening. The motion failed to carry by the following vote: AYES: NOES: ABSENT: 2 COMMISSIONERS: Greenwood and Mullen 3 COMMISSIONERS: Hart, Van Allen and Walsh 0 COMMISSIONERS: None It was moved by Commissioner Greenwood and seconded by Com- missioner Hart to approve Conditional Use Permit #76 -10 subject to the following conditions: 1. The treatment along the Lincoln Avenue frontage shall conform to the requirements of the Zoning Ordinance, to wit: a minimum six foot wide sidewalk and a minimum 12 foot wide landscape area between the sidewalk and the fence line. 7. Planning Commission Minutes July 1, 1976 2. Redwood slats shall be installed in the sliding gate to provide screening of the storage area from Lincoln Avenue. 3. The landscape treatment for the front setback area shall be as suggested by, the applicant except that the six Evergreen Pear trees may be substituted for four Calif- ornia Sycamores (Platanus racemosa) minimum 15- gallon size to conform to the landscape treatment established for newer uses in the area of Lincoln Avenue. 4. Plans of the proposed irrigation system shall be submitted for review and approval by the Planning Director. 5. All required landscape and irrigation systems shall be installed prior to the issuance of a Certificate of Occupancy for this use. 6. Plans of the proposed signing program shall be submitted for review and approval by the Planning Commission prior to the issuance of a permit for any sign. 7. The proposed security light standards shall be designed so that direct rays do not shine onto adjacent properties or onto the public right -of -way, and shall be designed to the specifications of the City staff. 8. The dumping station shall be designed and subject to the requirements of the Building Superintendent and the Orange County Health Department. 9. All requirements of the County Fire Marshal shall be satisfied including the installation of necessary fire hydrants and extinguishers. 10. There shall be no sale of petroleum, butane or similarly related or derivative oil products on the subject property. 11. The existing billboard located on the subject property shall be removed prior to the issuance of a Certificate of Occupancy for this use. 12. Drainage fees shall be paid to the satisfaction of the City Engineer. 13. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted for approval by the City Engineer. 14. All secondary and primary utility services shall be underground. 15. Lincoln Avenue shall be fully improved in accordance with the Master Plan of Streets and Highways. 16. A cash bond shall be posted for future street lights on Lincoln Avenue and a 11" P.V.C. conduit installed. 17. Advance street light energy charges shall be paid. 18. A cash bond shall be posted for future street trees and treewells shall be installed in conformance with the Street Tree Policy of the Public Works Department. 8. Planning Commission Minutes July 1, 1976 19. 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. 20. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 21. Plan checking and inspection fees shall be paid in accor- dance with City of Cypress Resolution No. 1713. 22. Developer shall conform to all applicable provisions of the City Code. 23. A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue. 24. A topograph of the area shall be made and shall show existing drainage flow pattern of the property to the west of this development. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be recorded and drainage provided to the satisfaction of the City Engineer. 25. The location, number and type of driveways on Lincoln Avenue shall be subject to the approval of the City Engineer. Width of the drive approach shall be thirty -five feet (35') and shall be installed per City of Cypress Standard #207. 26. A maximum lot depth of 100 feet shall be allowed to drain into Lincoln Avenue. If drainage is directed to Lincoln Avenue, drainage culverts shall be constructed underneath sidewalks to convey all on -site runoff water to the street to the satisfaction of the City Engineer. 27. A bond shall be posted by the applicant to guarantee maint- enance of the irrigation system so that it operates in a manner for which it was designed, and to guarantee maint- enance of all plant materials in a healthy, growing condition, free of weeds and litter, for a period of not less than twelve months, to the specifications of the City staff. 28. A retaining wall, per City of Cypress Standards, shall be constructed along the property line where the grade differ- ential on the two sides of the property line is greater than twelve inches (12 "). 29. The sanitary sewer connection fee shall be paid per Orange County Sanitation District Ordinance No. 303. 30. A permanent drainage inlet structure and reinforced con- crete pipe shall be installed near the southerly property line to carry storm runoff to the existing storm drain within the railroad right -of -way. 31. A map shall be prepared indicating the location of all existing trees on the subject property. All trees shall be preserved to the maximum extent possible and no trees shall be removed without the approval of the Planning Director. 32. The hours of operation of this facility shall be restricted to the hours of 8:00 a.m. to 8:00 p.m. 9. Planning Commission Minutes July 1, 1976 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. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #76 -11, GRACE COMMUNITY CHURCH: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposed conditional use permit to establish, use and maintain a church on property located in the 4400 block of Cerritos Avenue situated on the northerly side of Cerritos Avenue approximately 350 feet westerly of Denni Street in the CS -N -2A Commercial Shopping Center, Neighborhood Zone. In- cluded with this application are requests for variances from the minimum required lot width, area and setbacks. Chairman Mullen opened the public hearing and asked for the staff's report. The Planning Director presented Staff Report PC #76 -27 dated June 25 and presented slides of the property. Single- family dwellings are located to the north, vacant property in the City of Los Alamitos is across Cerritos Avenue to the south, to the east is a vacant, 18- foot -wide strip of land and a small neighborhood commercial center, and to the west are a vacant parcel and the Holy Cross Lutheran Church. Chairman Mullen asked if the applicant wished to speak. Mr. Doug Birch, representing the property owner, stated they are attempting to acquire the 18- foot -wide strip of property to the east. The Planning Director advised that if the appli- cant acquires the property, a revised plot plan can be submitted. Mr. Myron Eddy, 8081 La Monte Road, Stanton, representing Grace Community Church, stated the development will be an asset to the City, will beautify the City and will provide a beneficial spiritual impaction the community. He asked that Condition #7 requiring a block wall along the easterly property line be waived for twelve months in order to allow the property owner an opportunity to purchase the 18- foot -wide strip. If the strip is acquired he indicated it would probably be landscaped in front and the rear portion used for parking. Chairman Mullen asked if anyone wished to speak in favor or opposition to Conditional Use Permit #76 -11. No one else wished to speak in favor or opposition. It was moved by Commissioner Van Allen and seconded by Com- missioner Walsh to approve Conditional Use Permit #76 -11 subject to the following conditions and the findings contained in Sections 17.2 -7 and 17.3 -7 of the Zoning Ordinance: 1. The development of the subject property shall comply substantially with the plot plans and elevations sub- mitted with this request and as reviewed and approved by the Planning Commission. 2. Landscape and irrigation plans shall be submitted for Planning Commission approval prior to final building inspection by the City of Cypress. In the preparation of the landscape plans, the applicant shall be guided by the following standards: 50% of all trees shall be a minimum 15- gallon size or larger. 30% of all trees shall be a minimum 20 -inch box or larger. 10. Planning Commission Minutes July 1, 1976 10% of all trees shall be a minimum 36 -inch box or larger. 50% of all shrubs shall be a minimum 5- gallon size or larger. 3. All required landscaping shall be installed and irrigation systems shall be in working condition prior to the issuance of a Certificate of Occupancy for this use. 4. A bond shall be posted by the applicant to guarantee maint- enance 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. 5. Plans of the signing program shall be submitted for review and approval by the Planning Commission. 6. All air conditioning, heating, ventilating or other mechanical equipment shall be screened from adjacent properties and the street. 7. A block wall, six feet in height above the highest grade, shall be constructed along the easterly property line to the City of Cypress standards within 12 months of the issuance of a Certificate of Occupancy by the City. 8. All construction shall satisfy the requirements of the City Code, Building Official and County Fire Marshal. 9. All buildings shall be of one -hour fire resistant construction. 10. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted to the City Engineer for approval. 11. All secondary and primary utility services shall be under- ground. 12. Street lights shall be installed per City Standards. 13. Cerritos Avenue shall be fully improved in accordance with the Master Plan of Streets and Highways. 14. Street trees (15 gallon) and treewells, 40' on center, shall be installed along Cerritos Avenue 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 concen- tration of nitrogen, phosphorus, potassium, pH, salinity, sodium status and boron saturation extract. Results of these tests with recommendations of the agricultural labor- atory shall be furnished to the Public Works Department 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. All on -site drainage runoff shall be conveyed to the street by means of an under - sidewalk culvert per City Standards. 19. The proposed drive approach shall have a minimum width of thirty feet (30') and shall be installed per City of Cypress Standard #207. 11. Planning Commission Minutes July 1, 1976 20. The proposed trash collection area shall be relocated away from the adjoining single - family dwellings to the north, to the satisfaction of the Planning Director. 21. All proposed on -site lighting shall be directed away from adjoining parcels. 22. Wheelchair ramps and handicapped parking stalls shall be installed in accordance with State of California and City of Cypress Building Department standards. 23. Sanitary sewer connection fee shall be paid in accordance with Orange County Sanitation District requirements. 24. The existing block wall along the northerly property line of this development shall be maintained at six feet (6') above highest adjacent grade. 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. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #76 -12, LAWRENCE WUEBKER: 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 lay -up ranch for quarter horses and thoroughbreds on property located at 8681 Acacia Drive situated on the westerly side of Acacia Drive approximately 900 feet southerly of Crescent Avenue in the RS -15000 Residential Single Family Zone. A maximum of 50 horses will be maintained on the property at any time. He declared the hearing open and asked for the staff's report. The Planning Director summarized Staff Report PC #76 -26 dated June 25 and presented slides of the property and the plot plan. He reported the City of Lakewood was holding a public hearing this evening on a development application for 232 condominium units on property located to the west in Los Angeles County. Chairman Mullen asked if the applicant wished to speak. Mr. Larry Wuebker, 8661 Acacia, Cypress, reported he owned the parcel at 8681 Acacia which was proposed for the lay -up ranch. He stated he owned both parcels on either side of the proposed lay -up ranch so it would be buffered. He reported the ranch would be used as a rest home for horses and there would be no training or riding on the property. He reported he cannot accommodate more than 42 horses because of the lay -out of the property but he applied for 50 horses in the event he wishes to expand. This would eliminate the need to obtain another permit. Mr. Wuebker reported the horses would be on the property a minimum of 30 days so there would not be a great flow of traffic. He felt Acacia Drive could accom- modate any traffic generated by the use since a previous property owner used and stored heavy semi - trucks and trailers on his property. Mr. Wuebker stated only horse vans and feed trucks would visit the property. He did not feel he should be penalized because he is at the end of the street and the traffic must pass the other residences. He presented slides of the property showing the separate pasture areas. Mr. Wuebker felt Condition #22 could be deleted which requires the posting of a cash bond for future street improvements along Acacia Drive since he felt it was the Council's intent to waive 12. Planning Commission Minutes July 1, 1976 street improvements to preserve the rural atmosphere. He felt the application should be approved since the use is permitted in this zone and he will meet all conditions of approval. Chairman Mullen asked if anyone else wished to speak in favor. Miss Rae Hatcher, 8661 Acacia, Cypress, stated she felt the use would be good for the City and felt the applicant was doing all he could to cooperate with the neighbors to eliminate their concerns. She stated the type of horses which would be boarded are expensive racing horses which are sensitive and require quiet, sanitary living quarters. The pipe corrals which would be used are the best and safest type and are maintenance free. She reported she is licensed by the California State Horse Racing Board and all persons visiting the ranch would be licensed by the Board. Chairman Mullen asked if anyone wished to speak in opposition. Mr. Bill Wattel, 4322 Crescent, Cypress, stated when he spoke with the applicant several months ago he was misinformed about the future use of the property. He felt trainers would ride their horses on the property and that 42 horses would create a severe fly problem. He stated he did not like the applicant's approach and did not support the application. Mr. Gene Vaughn, 8582 Acacia, Cypress, stated he thought the Commission understood the residents' intentions and feelings about Acacia Drive and he urged that they use extreme care in considering future uses. Mrs. Mary van den Raadt, 8644 Acacia, Cypress, did not feel the use would enhance the street and she objected to the number of horses proposed to be boarded. She stated Acacia Drive is substandard and cannot accommodate the vehicles which will be visiting the property such as hay trucks. She felt the recent zone change was to maintain the rural atmosphere of the street and that a commercial use would be detrimental. Mrs. Alice Rolfing, 8562 Acacia, Cypress, felt there should be a limitation of six horses on the property. Mrs. Geraldine Johnson, 4302 Crescent, Cypress, stated she objected to 50 horses on the property but she did not object to having horses in the area. Mr. Dane Bennitt, 8617 Acacia, Cypress, questioned the adequacy of the well to serve the use and stated traffic would be increased. He felt the use was incompatible with the intent of the zone change. He felt even with 20 horses the fly problem would be severe. Mr. Patterson, 8542 Acacia, Cypress, stated he opposed having 50 animals on such a small parcel. Mr. Everett Weerheim, 8541 Acacia, Cypress, stated he opposed the application. He stated there was a former ordinance which required the elimination of his chicken ranch and put him out of business and he did not feel the horse ranch should be allowed. Mr. Wuebker answered questions from the Commission regarding the operation of the lay -up ranch discussing the feed delivery, the hot wire fencing and water utilities. He noted that stables are permitted in this zone subject to a conditional use permit and that he would comply with all conditions. He felt other uses on Acacia for example the pre - school already generate traffic to the area. Mr. Wuebker reported buildings on the property are stucco with tin roofs and do not present a fire hazard. 13. Planning Commission Minutes July 1, 1976 Mrs. Charlene Wiersma, 4252 Crescent, Cypress, reported she attended the City of Lakewood hearing regarding the condominium application and that the Planning Commission tentatively approved the development. This was based on their attorney having to draft a resolution. Mrs. Shirley Wattel, 4322 Crescent, Cypress, inquired about the possible danger of the hot wire fence to children. Mr. Wuebker reported the hot wire fencing is of a very low voltage which tickles the horses and acts as a deterrent. He stated it is placed on the inside of the fencing. Commissioner Van Allen stated he supported the zone change to RS -15000 since it served the best interests of the property owners on Acacia and the entire community and being able to maintain the rural atmostphere and this sanctuary overrode the objections which were expressed. He felt the proposed business operation was an over - intensive use and inconsistent with the reasons for the zone change. He felt the use was also inconsistent with the Zoning Ordinance requirements for the RS -15000 zone which allows single - family estates of no more than 2 1/2 dwelling units per acre and only additional uses which are complimentary and harmonious with the residential neighborhood. Commissioner Greenwood stated he supported the idea of main- taining the rural atmosphere and he felt the conditional use permit would be a violation. He did not feel the proposed use was the highest and best use of the land. Commissioner Hart felt the intent of the RS -15000 zone was to enable property owners to have a little extra property on which they could raise animals for their own convenience and perhaps have an incidental business and was not to provide a lot of acreage on which to develop a commercial interest. He felt one of the intents of the zone change to RS -15000 was to preserve the historical background of the City. He felt the applicant made a good presentation and would probably do an excellent job of operating his business but he felt it was inconsistent with the Commission's intent for this area. Commissioner Walsh stated she agreed with the other Commissioners' comments and that the intent of the RS -15000 zone would not be best served by a lay -up ranch. She felt the proposed condo- miniums would be detrimental to adjacent property values. Chairman Mullen stated the application was inconsistent with his reason for voting for the zone change which was to preserve the rural atmosphere and memory of the City's past. He felt the negative affects of the use on the neighbors overrode the right of the property owner to use his property for the com- mercial business. It was moved by Commissioner Van Allen and seconded by Com- missioner Greenwood to deny Conditional Use Permit #76 -12. 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 Chairman Mullen closed the public hearing. Mr. Everett Weerheim, 8541 Acacia, Cypress, stated he would like an opportunity for all of the neighbors on Acacia to meet with the Planning Director to discuss future uses for Acacia Drive in order to keep harmony on the street. 14. Planning Commission Minutes July 1, 1976 Commissioner Van Allen reported that it appeared the indoor lighting at Zip'z Ice Cream in the Cypress East Shopping Center was directed outward again in violation of the Commission's intent and action at the April 15, 1976 meeting and that it was causing a distraction. He asked the Planning Director to contact the owner and request compliance prior to the Commission's next meeting. He suggested that if the problem is not resolved by that time that the matter be referred to the City Attorney for appropriate action. ADJOURNMENT: Chairman Mullen adjourned the meeting at 12:45 a.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANNING COMMISSION 15.