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Minutes 1976-10-07MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD October 7, 1976 The regular meeting of the Cypress Planning Commission was called to order at 6:05 p.m. on Thursday, October 7, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Gerald Mullen presiding. PRESENT: ABSENT: Commissioners Greenwood, Partin, Van Allen, Walsh and Mullen None Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, Sandy Pegueros, Business License /Zoning Inspector, and Elizabeth Strauss, Assistant City Attorney. PLEDGE OF ALLEGIANCE: Commissioner Walsh led the pledge of allegiance. At the Planning Director's request, Chairman Mullen added Item #7 to the agenda under Administrative Matters regarding the EDA improvement program, and consideration of the minutes of August 19. MINUTES: It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to approve the minutes of September 16. It was moved by Commissioner Walsh, seconded by Commissioner Van Allen and carried, with Chairman Mullen abstaining, to approve the minutes of August 19. ADMINISTRATIVE MATTERS: 1. Memorandum from Zoning Inspector regarding status of Planning Department actions relative to American Pool, Patio and Nursery and the Happiness Foundation. The Zoning Inspector transmitted a memorandum dated October 1 indicating that the owner of American Nursery on Lincoln, east of Denni, had not yet responded to the City Attorney's letter concerning the unauthorized construction on the property. The owner had until October 15 to respond. No further construc- tion was taking place. The Planning Director stated he would contact the owner this week and advise him of the situation. Staff will present the matter to the City Council at its meeting on October 12 and, if necessary, request authorization for the City Attorney to proceed with appropriate action. It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to continue this item to the next meeting and request a staff report. The Zoning Inspector reported that the Happiness Foundation, at the corner of Grindlay and Lincoln Avenue, had removed the unauthorized colored pennants from the property as requested by staff. They submitted a written request and received approval from staff for a temporary "grand opening" banner sign which may be displayed until November 1, 1976. Staff received notice on Septmeber 29 that the Happiness Foundation intended to submit plans for a permanent signing program in the near future. Planning Commission Minutes October 7, 1976 The Zoning Inspector also reported that she had met with the owner of Cypress Farms produce stand located at the northwest corner of Walker and Cerritos Avenue to discuss signing for this type of use. Discussion was also held on his signing program as well as the landscaping, maintenance, trash area and other improvements on the property. The owner of Cypress Farms was proposing to submit a signing program for Commission approval and requested that this item be placed on a December agenda. Mrs. Pegueros requested that this item be tabled until the signing plans are submitted. 2. Design Review - Conditional Use Permit #73 -3. The Planning Director presented the revised plot plans for a 28 -unit apartment complex proposed to be located at the rear of Lincoln Plaza Shopping Center on Lincoln Avenue, west of Denni Street. The project has been taken over by a new developer. The Commission approved the original plans for a 35 -unit apartment project in June, 1975. The proposed apartments will be two bedroom with a minimum area of 1000 square feet. The buildings will be constructed of exterior textured stucco with wood treatment and Spanish tile roofs. Chairman Mullen asked if the applicant wished to speak. Mr. Charles Bush, 5957 Los Angeles Way, Buena Park, construction supervisor, reported they have constructed a nine -unit apart- ment complex at 9561 Graham Street and this project will be the same in concept and include the same amenities such as: carpets, drapes, automatic garage door opener, air conditioning, intercom system, barbeques and two -car garages. He felt the design is an improvement over the original plans, there will be more guest parking and better drainage and the reduction in density provides for larger units. He agreed to all condi- tions of approval. The Commission considered provision for emergency pedestrian egress from the development and possible locations for such egress. The applicant stated the project is equipped with a smoke alarm system. It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to approve the revised plot plan and elevations for Conditional Use Permit #73 -3 with the condition that emergency pedestrian egress be provided to the satisfaction of the City staff. 3. Review of landscape and irrigation plans and proposed signing program - Conditional Use Permit #75 -3. The Planning Director transmitted a memorandum dated October 1 and the signing and landscaping plans for a neighborhood com- mercial center to be located at 6281 Ball Road, east of Juanita Street. He described the landscaping program. Mr. Milo Artino, 1031 Whiteback, La Habra, representing Superior Signs, presented sketches of the proposed signing and stated signs 2 1/2 feet in width were proposed in order to accommodate two lines of copy. He stated with two -foot- wide signs they would have to use smaller lettering which would not be visible. He reported the community sign would have brown lettering for all stores and the individual signs would use either brown, red, orange or avocado green letters on a beige background. He indicated no sign was proposed for the ends of the building. Planning Commission Minutes October 7, 1976 Staff reported that the building is setback about 95 feet from the street. The Planning Director recommended in addition to standard conditions the following conditions if the Commission wishes to approve the signing program since the proposed signs are slightly larger than what is permitted in the Zoning Ordinance: 1. The height of the attached signs shall not exceed the height of the laminated beam to which they are attached. In no case shall the height of the signs exceed two and one -half feet. 2. The design and location of the signs shall be in conformance with the plans and elevations as submitted and reviewed by the Planning Commission. 3. No additional signing shall be permitted on either the easterly or westerly sides of the proposed building. It was moved by Commissioner Walsh, seconded by Commissioner Van Allen and unanimously carried to approve the signing program subject to the above conditions and approve the land- scaping program for Conditional Use Permit #75 -3. 4. Review of landscape plan for commercial development approved under Conditional Use Permit #74 -15. The Planning Director read a memorandum dated September 30 and presented the landscape plans for a neighborhood shopping center at the southeast corner of Moody Street and Ball Road. Commissioner Partin expressed concern over the toxicity of the Oleander trees which were proposed and suggested that they be substituted with bottlebrush or a different tree. Mr. Ed Fischer, the applicant, agreed to substitute bottlebrush or other landscaping for the Oleander trees. He inquired about changing the double -line street striping adjacent to the development and felt there would be less hesitation by motorists in crossing broken centerline striping to enter the shopping center. The staff stated this request could be handled at the staff level. Mr. Fischer reported that the stores are 60% leased. There was further discussion regarding the Oleander trees and the Planning Director suggested that he work with the project's landscape architect to find an acceptable substitute. Mr. Sigmund Gucfa, 5021 Ball Road, Cypress, asked if some type of lighting could be installed at the rear of the building to discourage mischief. Mr. Fischer agreed to install the lighting but indicated he thought the electrical wiring for the building was complete and that each unit had its own light at the rear. He stated that about 50% of the leases have been executed. He stated he would attempt to modify those leases and request in future leases that rear lighting be provided and left on all night. It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to approve the landscaping plans for Conditional Use Permit #74 -15 subject to the condi- tion that the Planning Director work with the applicant to provide security lighting for the rear of the building. 5. Review and approval of resolution of commendation for Dennis Hart. It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to approve the resolution of commendation prepared by staff for past commissioner and chairman Dennis Hart and invite him to the next meeting for the presentation. 3. Planning Commission Minutes October 7, 1976 6. Review of landscape and irrigation plans - Conditional Use Permit #76 -6. The Planning Director presented a memorandum dated October 1 describing the landscaping program and presented the plans for a nine -unit apartment project located on the west side of Graham Street, south of Orange Avenue. It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to approve the landscape and irrigation plans for Conditional Use Permit #76 -6. 7. Review of Economic Development Act improvement program. The Public Works Director described the City's applications for Local Public Works Capital Development and Investment Program Funds. The first application is for the Katella Avenue sanitary sewer project and the second application is for various improvements at the City's Maintenance Yard and on the Civic Center site. Staff requested that the Commission determine whether the projects are in conformance with the General Plan. It was moved by Commissioner Greenwood, seconded by Commis- sioner Walsh and unanimously carried to find that the proposed improvements contained in the application for EDA grant funds are in conformance with the Cypress General Plan. RECESS: Chairman Mullen called a recess at 8:00 p.m. The meeting was called back to order at 8:10 p.m. with all Commis- sioners present. ORAL COMMUNICATIONS: There were no oral communications presented at this time. CONTINUATION OF PUBLIC HEARING RE: MODIFICATION TO CONDITIONAL USE PERMIT NO. 76 -10 - JOE TOCHIHARA: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to establish, operate and maintain a rec- reational vehicle storage and maintenance facility on property located at 5692 Lincoln Avenue in the CH- 10,000 Commercial Heavy Zone. He opened the public hearing and asked for staff's report. The Planning Director summarized Staff Report PC #76 -35 dated September 28 describing the proposal to establish a repair and servicing facility for recreational vehicles and a retail sales facility for recreational vehicle parts and accessories at 5692 Lincoln Avenue. The Commission approved C.U.P. #76 -10 for the establishment of a recreational vehicle storage yard on the adjacent parcel at 5702 Lincoln Avenue. Commissioner Van Allen stated the light standards shown on the plot plan were in conflict with the plot plan for the RV storage yard on the adjacent parcel and he suggested that Condition #8 include the requirement that precise plans for the lighting be submitted for review and approval by the Com- mission. He also inquired about Condition #11 prohibiting the sale of petroleum, butane or similar oil products on the property. The Planning Director stated the condition was a carry -over from the original conditional use permit and he agreed that the sale of petroleum products would be an accessory and complimentary business. He suggested that the condition be revised to permit this. Chairman Mullen asked if the applicant wished to speak. 4. Planning Commission Minutes October 7, 1976 Mr. Joe Tochihara, 4586 Everest Circle, Cypress, the applicant, stated he did not request permission to sell butane because it was prohibited in the original C.U.P. and he stated he would like to be able to sell gas. He described the placement of lighting and stated he would submit precise plans of the lighting. Mr. Tochihara reported that the building for rec- reational vehicle and automobile repair would be 14 feet in height and would be constructed of clay block in order to reduce noise. Chairman Mullen asked if anyone wished to speak in favor. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, spoke on the need for recreational vehicle storage areas in the City. Mr. Hilliard Warren, 5275 Vista Real, Cypress, speaking on behalf of the Chamber of Commerce, stated the Chamber supports the facility since it will be an attractive addition to Lincoln Avenue and will bring in revenue. He suggested that the Fire Department be consulted regarding the gas facilities. Chairman Mullen asked if anyone wished to speak in opposition. Mr. Bob Decker, 5652 Lincoln Avenue, Cypress, stated he did not feel recreational vehicles should be parked directly adja- cent to Lincoln Avenue and felt restrictions should be placed on where the applicant may store the vehicles on the second lot before the buildings are constructed. He felt the appli- cant should be restricted from buying and selling vehicles on the property. Mr. Decker stated he opposes welding being conducted on the property. Staff responded to the concerns expressed by the speaker. Mr. Tochihara stated his landscaping program will be an improve- ment of the street and an improvement over Mr. Decker's property. Chairman Mullen stated he was concerned over the body work which will be taking place and the Planning Director indicated that such concerns can be addressed at the time precise plans are submitted for the Commission's approval. It was moved by Chairman Mullen and seconded by Commissioner Van Allen to approve the modification to Conditional Use Permit #76 -10 subject to the following conditions and the findings in Section 17.3 -7 of the Zoning Ordinance: 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. 2. Precise plans and elevations of all proposed buildings shall be submitted for review and approval by the Planning Commission prior to the issuance of a building permit. 3. Redwood slats shall be installed in the sliding gate to provide screening of the storage area from Lincoln Avenue. 4. The landscape treatment for the front setback area shall be as suggested by the applicant in the original landscape concept except that the six Evergreen Pear trees may be substituted for four California Sycamore (Platanus racemosa) minimum 15- gallon size to conform to the landscape treat- ment established for newer uses in the area of Lincoln Avenue. 5. Plans of the proposed irrigation system shall be submitted for review and approval by the Planning Director. 5. Planning Commission Minutes October 7, 1976 6. All required landscape and irrigation systems shall be installed prior to the issuance of a certificate of occu- pancy for this use. 7. 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. 8. 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. Precise plans of the proposed on -site lighting system shall be submitted for review and approval by the Planning Commission prior to the issuance of a certificate of occupancy for this project. 9. The dumping station shall be designed and subject to the requirements of the Building Superintendent and the Orange County Health Department. 10. All requirements of the County Fire Marshal shall be sat- isfied including the installation of necessary fire hydrants and extinguishers. 11. If the sale of petroleum, butane or similarly related or derivative oil products is to be conducted on the subject property, the location and design of such facilities shall be subject to the review and approval of the Planning Commission. 12. The existing billboard located on the subject property shall be removed prior to the issuance of a certificate of occupancy for this use. 13. Drainage fees shall be paid to the satisfaction of the City Engineer. 14. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted for approval by the City Engineer. 15. All secondary and primary utility services shall be under- ground. 16. Lincoln Avenue shall be fully improved in accordance with the Master Plan of Streets and Highways. 17. A cash bond shall be posted for future street lights on Lincoln Avenue and a 11" P.V.C. conduit installed. 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. 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. 6. Planning Commission Minutes October 7, 1976 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. Advance street light energy charges shall be paid. 24. A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue. 25. The location, number and type of driveways on Lincoln Avenue shall be subject to the approval of the City En- gineer. Width of the drive approach shall be forty (40) feet 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 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. A retaining wall, per City of Cypress standards, shall be constructed along the property line where the grade dif- ferential 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 #303. 30. A permanent drainage inlet structure and reinforced con- crete pipe shall be installed near the southerly prop- erty line to carry storm runoff to the existing storm drain within the railroad right of way. 31. At the time Phase III of this project is undertaken, off - street parking facilities shall be provided for not less than 20 automobiles. 32. All parking, driveway and maneuvering areas shall be paved with asphaltic concrete to the specifications of the Building Superintendent. 33. All buildings shall be constructed in accordance with the Fire Zone requirements of the latest adopted edition of the Uniform Building Code. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Partin, Van Allen, Walsh and Mullen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Chairman Mullen closed the public hearing. 7. Planning Commission Minutes October 7, 1976 PUBLIC HEARING RE: CONSIDERATION OF THIRD YEAR FUNDING UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974: Chairman Mullen announced that this was the time and place for the public hearing for the purpose of reviewing and adopting an application for third -year Federal funds available through the Housing and Community Development Act of 1974. He opened the public hearing and asked for staff's report. The Planning Director summarized a report dated September 30 describing the City's application for third -year funding under the Housing and Community Development Act. He transmitted a copy of the application and outlined the project area on a map. The third -year application proposes the completion of public improvements undertaken in the first and second years for the area generally located east of Walker Street between Karen Street and Bishop Street. Staff felt the City would be entitled to $120,000 for the third year program. The Planning Director reported that notices of the public hearing were mailed to all property owners within the project area. He stated he received three telephone calls and one written communication from persons within the project area all urging the Planning Commission to continue with the third year program as proposed in the appli- cation. Chairman Mullen asked if anyone wished to speak. Mr. Tom DeMusio, 9170 Graham Street, Cypress, stated he recently moved into one of the new homes in the project area and that he supports the public improvements as proposed. He stated the lack of sidewalks are a hazard to children who must walk in the street to school, the dirt alley (Bishop Street) is a hazard to children and vehicles, and the improve- ments will beautify the area. He stated other property owners on Nelson Street are anticipating the improvements. Mr. Allan Schneiberg, 115 Santa Ana Street, Long Beach, west Orange County representative for Legal Action for Better Housing, asked if the City planned to channel any of the third year funding into alternative programs. The Planning Director responded that the City did not receive all the funds to which it was entitled in the first two years since the City's project was given a lower priority by the Board of Supervisors in favor of programs which give more direct aid to low and moderate income families through rehabilitation programs, rent subsidies or subsidies for housing purchase. Mr. Schneiberg suggested that if public improvements are given a low priority the City should act as a catalyst and undertake direct housing rehabilitation. He felt the City could not determine what its housing needs are by using 1960 and 1970 statistics and he pointed out that studies to obtain data are an eligible activity using the plock grant funds. The Planning Director stated that the staff felt the $50,000 first year funding would not have had a significant impact in any area of the City for rehabilitation purposes. Based on the 1970 and 1976 census information the project area was identified as the most critical target area for low and moderate income families even though there may be other such areas in the City. Mr. Schneiberg felt that if rehabilitation is necessary then the way to attain it is by doing rehab programs and not by doing public works programs with the hope of spurring private rehabilitation by persons in low income areas who are least able to afford it. He suggested that the City should have included high and low priority programs in its application which could have received more funding. The Planning Director stated the staff will investigate the possibility of filing for the additional funds to which it is entitled beyond the $95,000 for this project with the additional funds to be used for data compilation or to prepare revisions to the Housing Element. 8. Planning Commission Minutes October 7, 1976 It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to adopt a resolution recommending City Council approval of the third year applica- tion for Housing and Community Development Act of 1974 Grant Funds. It was moved by Commissioner Van Allen, seconded by Commis- sioner Walsh and unanimously carried to approve the application for third year Housing and Community Development Act of 1974 Grant Funds as recommended by staff. It was moved by Commissioner Greenwood and seconded by Commis- sioner Walsh to support using the remainder of the third year funding for the compilation of data. Commissioner Van Allen suggested that the staff may become aware of other alternative uses for the excess funds after they speak with the County and he recommended that the Planning Director report back to the Commission on his findings. Mr. Hawley stated he would present his recommendations to the Commission prior to the Council's hearing on this matter. Commissioner Greenwood withdrew the motion and Commissioner Walsh withdrew the second. Chairman Mullen closed the public hearing. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 76 -13 - LEON HYTER: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to estab- lish, operate and maintain a five -unit apartment complex including off - street parking and landscaped, open areas on property located at 5641 Newman Street in the City of Cypress. Said property is situated in the RM -20 /A Multiple Family Residential Zone. Included within this request is a proposal for a variance from the minimum lot area, lot width and side yard setback areas as established in the RM -20 /A Zone. Chair- man Mullen opened the hearing and asked for staff's report. The Planning Director presented Staff Report PC #76 -34 dated September 28 describing the application and presented the plot plans and elevations for the apartment project. Chairman Mullen asked if the applicant wished to speak. Mr. Leon Hyter, 790 Laurinda Avenue, Orange, the applicant, reported that four units will be two bedroom, single story units and the owner's unit will be a three bedroom, two story studio -type apartment. He stated the roof will be fire resistant, composition shingle and the applicant will construct a new block wall along the northerly property line rather than increase the height of the existing wall. Mr. Hyter stated he had attempted but was unable to acquire the 25 foot wide strip of property to the east of his lot. Chairman Mullen asked if anyone wished to speak in favor. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the project is a good use of the property. He felt the project should be designed so that if the adjacent 25 foot wide strip becomes available it could accommodate an expansion of the units. The Planning Director stated the project was designed so that two additional units could be constructed to the east. It was moved by Commissioner Greenwood and seconded by Commis- sioner Walsh to approve Conditional Use Permit #76 -13 subject to the following conditions and the findings in Sections 17.2 -7 and 17.3 -7 of the Zoning Ordinance: 1. Development of the subject property shall be in confor- 9. Planning Commission Minutes October 7, 1976 mance with the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission. 2. A landscape and irrigation plan for all open areas proposed for landscaping shall be submitted for review and approval by the Planning Commission. 3. Construction of this project shall be undertaken in accordance with the provisions of Fire Zone II, except that wood shake roofs shall be permitted. 4. All utilities serving this project shall be constructed and installed underground in accordance with standard City policy. 5. In light of the fire zone requirements and Building Code standards, the carports proposed to be located adjacent to the northerly or rear property line shall be constructed with a one -hour fire wall when such wall is to be located closer than five feet to an adjacent property line. 6. The proposed trash enclosure area shall be designed to the specifications of the Building Superintendent and Planning Director. 7. All conditions and requirements of the County Fire Mar- shal, including the installation of any necessary fire hydrants, shall be satisfied. 8. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 9. Drainage shall be solved to the satisfaction of the City Engineer. All on -site storm runoff shall be conveyed to the street through an under sidewalk drainage pipe or culvert. 10. A grading plan of the entire property shall be submitted for approval by the City Engineer. 11. Newman Street shall be fully improved with sidewalk, driveway and street lights, in accordance with the City of Cypress Master Plan of Streets and Highways. The existing curb depression at the easterly end of the property shall be removed and replaced with full height curb and gutter. 12. Street trees (15 gallon) shall be installed forty feet (40') on center along Newman Street in front of this development, in conformance with the Street Tree Policy of the Public Works Department. The type of tree shall be as required under the Townscape and Urban Design Element of the General Plan. 13. 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. 14. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. 10. Planning Commission Minutes October 7, 1976 15. Plan check and inspection fees shall be paid in accordance with City of Cypress Resolution No. 1713. 16. The sanitary sewer connection fee shall be paid by the developer and forwarded by the City of Cypress to the appropriate agency. 17. The developer shall conform to all applicable provisions of the City Code. 18. A retaining wall, per City of Cypress standards, shall be constructed along the property line where the grade differential on each side of the wall is greater than twelve inches (12 "). 19. 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. 20. A physical barrier (i.e., 6" -high curbing) shall be constructed along all block walls exposed to vehicular traffic, to the satisfaction of the City Engineer. The barrier shall be located an adequate distance from the base of the wall to provide reasonable protection. 21. The height of the existing block wall along the northerly property line shall be maintained at a minimum of six feet (6') above the highest adjacent grade. Any exten- sion of the existing wall shall require the permission of the property owner to the north. 22. The drive approach shall be constructed per City of Cypress Standard #207 and shall have a minimum width of twenty feet (20'). 23. The owner of this development shall allow ample time for the property owner to the west to relocate the existing chain -link fence onto the property line. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Partin, Van Allen, Walsh & Mullen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Chairman Mullen closed the public hearing. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #76 -14 - LOUIS H. PERLOF: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposal to estab- lish, operate and maintain an automotive repair and service facility on a parcel of land located at 5032 Lincoln Avenue situated on the southerly side of Lincoln Avenue approximately 200 feet easterly of Moody Street in the CH- 10,000 Commercial Heavy Zone. He declared the hearing open and asked for staff's report. The Planning Director summarized Staff Report PC #76 -36 dated September 29 describing the application to construct an auto- motive service facility which will consist of eight to ten automotive specialists in a complex of two buildings. He presented the plot plans and elevations. The location is the site of Cypress Feed Store. 11. Planning Commission Minutes October 7, 1976 Chairman Mullen asked if the applicant wished to speak. Mr. Maurice Lebanof, 222 Fashion Lane, Tustin, representing the applicant, presented a colored rendering of the complex and described their proposal. He stated the facility differed from a garage in that it would be an automotive plaza housing several different automotive specialists. He reported signing would be on each unit in the interior court and no freestanding sign on Lincoln Avenue was proposed and therefore the tenants would attract business through referrals and their good service. He stated they propose one monument directory sign on Lincoln. He reported the buildings will be attractive concrete tilt -ups and will appear like a retail commercial use on Lincoln. Mr. Lebanof reported that overnight parking will take place inside the units and in the parking area at the rear of the buildings which will be lighted. He stated hours of operation would be 7 a.m. to 10 p.m. The applicant agreed with all conditions of approval. Chairman Mullen asked if anyone wished to speak in support. Mr. Hilliard Warren, 5275 Vista Real, Cypress, representing the Chamber of Commerce, stated he liked the appearance of the project and felt it would help business on Lincoln Avenue. He did not feel it was practical to restrict overnight parking within the complex. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt there was a risk in allowing overnight parking in the rear adjacent to the apartment development. Chairman Mullen asked if anyone wished to speak in opposition. No one wished to speak in opposition. Commissioner Van Allen felt it was an attractive and desirable project because of the understated design and that the project would provide impetus for development in other areas along Lincoln Avenue. Commissioner Walsh agreed and felt the project was viable and showed original thinking. It was moved by Commissioner Walsh and seconded by Commis- sioner Van Allen to approve Conditional Use Permit #76 -14 subject to the following conditions: 1. Development of the subject property, the design of all proposed buildings and structures, and the location and design of all off - street parking and landscaped areas shall conform substantially with the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission. 2. Plans for the landscape and irrigation system for all areas proposed for landscaping shall be submitted for review and approval by the Planning Commission. All required landscape and irrigation systems shall be installed prior to the issuance of a certificate of occupancy for this use. 3. Plans for the proposed signing program shall be submitted for review and approval by the Planning Commission. 4. All requirements and conditions of the Orange County Fire Marshal shall be satisfied. 5. Permits for the demolition and removal of all existing structures and improvements shall be obtained from the Building Department. 12. Planning Commission Minutes October 7, 1976 6. All construction shall be subject to the conditions of the most recently adopted version of the Uniform Building Code and shall be in accordance with the requirements of Fire Zone II. 7. Gutters and down spouts for the proposed buildings shall be provided at the locations specified by the Building Superintendent. 8. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted for approval by the City Engineer. 9. All secondary and primary utility services shall be underground. 10. A cash bond shall be posted for future street lights on Lincoln Avenue. 11. Advance street light energy charges shall be paid. 12. Lincoln Avenue shall be fully improved in accordance with the Master Plan of Streets and Highways. Existing driveways not being used shall be removed and replaced with sidewalk and full- height curb and gutter. 13. 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, 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. 14. Plan checking and inspection fees shall be paid in accordance with City of Cypress Resolution No. 1713. 15. Developer shall conform to all applicable provisions of the City Code. 16. 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. 17. A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue. 18. 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. 19. The width of the drive approaches shall be thirty -five (35) feet, and shall be installed per City of Cypress Standard No. 209. 20. Drainage culverts shall be constructed underneath sidewalks to convey all on -site runoff water to the street to the satisfaction of the City Engineer. 13. Planning Commission Minutes October 7, 1976 21. 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 3ot less than twelve (12) months, to the specifications of the City staff. 22. A minimum six -foot (6') high block wall, measured from the highest adjacent grade, shall be maintained along the south property line. 23. A retaining wall, per City of Cypress standards, shall be constructed along the property line where the grade differential on the two sides of the property line is greater than twelve inches (12 ") . 24. The sanitary sewer connection fee shall be paid per Orange County Sanitation District Ordinance #303. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Greenwood, Partin, Van Allen, Walsh & Mullen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Chairman Mullen closed the public hearing. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76 -4: Chairman Mullen announced that this was the time and place for the public hearing to consider a proposed amendment to Section 8 and Section 13.3 of the Zoning Ordinance which amendment would provide for possible waivers of normal public street improvements and /or rights -of -way dedications in conjunction with the issuance of building permits for designated "Rural Streets." He declared the hearing open and asked for staff's report. The Planning Director presented Staff Report PC #76 -37 dated September 30 regarding the proposed Zoning Ordinance amendment which would provide for a waiver of the requirement for the installation of public street improvements along rural streets. He reported that the only area of the City where this amendment would be applicable was on Acacia Drive, south of Crescent Avenue, where the lots are zoned RS- 15,000. The possibility exists that other areas in County unincorporated territory might be zoned RS- 15,000 upon annexation to the City. Chairman Mullen asked if anyone wished to speak in favor. No one wished to speak in favor. He asked if anyone wished to speak in opposition. Mr. James Duncan, 4528 Lemon Circle, Cypress, felt the City was giving up a right by waiving normal street improvements and rights -of -way and that this seemed to be a step backward. He felt that if a new developer is not required to dedicate land for street improvements it would result in jogs along a street where some properties would have improvements and others would not. He cited Walker Street north of Lincoln Avenue as an example. He felt the City should study the proposed amendment more. The Planning Director stated the waiver of street improvements would not be mandatory but the waiver would give the City Council the option to not require improvements where the density of land is such that its rural character will be maintained. The waiver gives recognition that there are areas where the preservation of a particular environment is more desirable than the standard urban development pattern. He stated that 14. Planning Commission Minutes October 7, 1976 if the density increased because of changing development patterns the City could still require the street improvements because it would retain the dedication requirement for rights - of -way. Chairman Mullen felt the issue did not relate to maintaining a rural street but related to the refund of the cash bond which was requested by a property owner on Acacia Drive. He felt the Lakewood condominium proposal could change the development pattern on Acacia and in that case the City would have to wait indefinitely to install improvements. He felt the waiver represented a benefit to Acacia property owners at a cost to the taxpayers of the City which is not shared by any other property owner in the City. The Planning Director stated that during the zone change proposal for Acacia Drive the staff did not suggest a refund to the property owners who posted bonds. He also felt Walker Street was not comparable to Acacia Drive since Walker Street was developed more intensely with a mixture of commercial, multiple - family and single - family uses and the single- family units were on much smaller lots. He stated if the Lakewood project changes the character of the area and creates pressure for more intense urban development then the ordinance would not apply. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt Acacia Drive property owners must pay more for the privilege of living in the City and living in the country and this includes paying and bonding for street improvements. He objected to the City waiving the right -of -way requirement and felt rights - of -way would be difficult to acquire if property is rezoned. Commissioner Van Allen stated he opposed a waiver of the ded- ication of rights -of -way and including this as a provision in the ordinance. He noted the Commission already has the right to recommend to the City Council that street improvements be waived until such time as there is development in an area. The Planning Director clarified that staff's recommendation was to amend only Section 13.3B of the Zoning Ordinance to provide a possible waiver of street improvements. Staff did not recommend the waiver of the dedication of rights -of -way. Chairman Mullen stated he supported waiving the public improve- ments but felt if there is development on property the owner should post the cash bond to guarantee the public improvements at such time as the development pattern changes. He asked if the property owners on Acacia Drive were notified of this hearing and the Planning Director stated they were not notified. It was moved by Chairman Mullen, seconded by Commissioner Van Allen and unanimously carried to continue the public hearing regarding Amendment to the Zoning Ordinance No. 76 -4 to October 21 and request that property owners on Acacia Drive be notified of the hearing. Chairman Mullen suggested that the staff send out a press release on this hearing to obtain public input. Commissioner Van Allen welcomed Richard Partin to the Planning Commission. The Planning Director reported a joint meeting was scheduled between the Commission and City Council for Monday, October 25 at 6:00 p.m. He suggested that the Commission consider items for discussion. 15. Planning Commission Minutes October 7, 1976 ADJOURNMENT: Chairman Mullen adjourned the meeting at 11:00 p.m. CHAIRMAN OF THE PLANNING COMMISSION ATTEST: SECRETARY OF THE PLANNING COMMISSION 16.