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Minutes 1978-10-19MINUTES OF A REGULAR MEETING OF THE CYPRESS PLANNING COMMISSION HELD October 19, 1978 The regular meeting of the Cypress Planning Commission was called to order at 6:40 p.m. on Thursday, October 19, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Chairman Robert Van Allen presiding. PRESENT: ABSENT: Commissioners Adler, Friedmann, Mullen, Partin and Van Allen None Also present were Brian Hawley, Planning Director, Art Schatzeder, Public Works Director, Sandy Spain, Zoning Inspector, and John Murphy, City Attorney. PLEDGE OF ALLEGIANCE: Commissioner Partin led the pledge to the flag. Commissioner Mullen reported he received a letter from a resident regarding the parking of boats on the street and Chairman Van Allen placed it on the agenda as Item #2 under Administrative Matters. The Planning Director reported that the applicant for Item #1 was not yet present. MINUTES: It was moved by Commissioner Partin, seconded by Commis- sioner Mullen and unanimously carried to approve the minutes of October 5. It was moved by Commissioner Friedmann, seconded by Commissioner Mullen and unanimously carried to approve having the Planning Com- mission Chairman and Secretary review, approve and sign the minutes of the October 19 meeting after the minutes are transmitted to the Commissioners for their comments or corrections. ADMINISTRATIVE MATTERS: 1. Consideration of a Communication from a Resident Re: Parking of Boats on the Street. Chairman Van Allen read the letter addressed to Commissioner Mullen and the Planning Commission from Mrs. Ione Gersch, 6442 Ferne Avenue, dated October 18 who objected to a large boat which has been parked on the street for months, the need for tree trimming on her street, and the fact that the south end of Holder Street is being used as a public dump. The Commission referred the letter to the staff for their response. Commissioner Partin inquired about street pavement markings for the two east -bound traffic lanes on Orangewood at Knott Street. The staff stated the Traffic Engineer would investigate whether the yellow arrow designating one lane as "left turn only" was still required after installation of the traffic signal. 2. Tentative Tract Map No. 10584 - 9541 Graham Street - Charles Schmuck. The Planning Director presented the map and a report dated October 12 which described the map submitted for the construction of seven townhome condominiums. The eighth lot will be a common area. Staff recommended approval of the map subject to three conditions. Planning Commission Minutes October 19, 1978 Commissioner Friedmann asked why the map appeared different from the plans reviewed by the Commission in September. The Planning Director stated this was because the previous plan was a plot plan showing the footprint of the units; the current map shows the out- line of the lots to be created on which the units would be built. Mr. Mario Rossi, 1721 Catalina, Seal Beach, the architect, stated the tract map showed a squaring -off of the property and there were no changes from the plan previously reviewed. He stated he accepted the conditions of approval. It was moved by Commissioner Adler, seconded by Commissioner Friedmann and unanimously carried to approve Tentative Tract Map #10584 subject to the following conditions: 1. The developer shall conform to all applicable provisions of the City's Municipal Code. All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied. 2. All applicable conditions of approval of Conditional Use Permit #78 -22 shall be included in the conditions of this map. 3. Prior to recordation of the map, water improvement plans shall be approved by the Fire Warden for fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves and distribution of fire hydrants will be evaluated in accor- dance with Public Utilities Commission General Order No. 103. Commissioner Friedmann inquired about the building conversion taking place at the southeast corner of Lincoln Avenue and Grindlay Street. The Planning Director reported this matter was on the Council's October 23rd agenda and the Council would be requested to initiate legal action due to the delay in completing the property improvements. RECESS: The Chairman called a recess at 7:00 p.m. The meeting was called back to order at 7:35 p.m. with all Commissioners present. ORAL COMMUNICATIONS: Chairman Van Allen asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. 78 -10 - ROBERT P. WARMINGTON COMPANY: Chairman Van Allen announced that this was the time and place for the continuation of the public hearing to consider a proposal to change the zone classification of an approx- imately 10 -acre parcel of land located at 9141 Valley View Street from its current zone of CG- 10,000 Commercial General to PCM Planned Commercial /Light Industrial. He opened the hearing and asked for the staff report. The Planning Director reported the hearing was continued from the last meeting and that staff transmitted the proposed PCM zoning ordinance text that will be applicable to parcels established on this property. He stated the Commission previously reviewed the development plan that will provide for the establishment of com- mercial and light industrial uses. The Commission reviewed the zoning ordinance text. In response to a question from Commissioner Adler regarding interior side yards (Section 7B) the Planning Director stated the ordinance would allow a building to have a zero side setback on one side providing the opposite side setback distance between buildings is increased to 30 feet. Commissioner Adler also objected to language in Section 8C where it states "all structures erected" and he suggested that it state "all structures constructed" because of the reference to ceramics. Commissioner Friedmann asked how modifications to the development plan would be handled, for instance, if a building designated for a commercial use is changed to an industrial use. The Planning Director stated the development plan can be modified at any time but modifications would have to be submitted for City -2- Planning Commission Minutes October 19, 1978 approval. Chairman Van Allen noted a typographical error on Page 2 and stated the words "Section 2 - Uses Permitted" should be in- cluded at the top of the page. He also recommended that in Section 2 II the word "garage" be deleted under L. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested that in Section 2 II, D (Boat Building) and F (Cabinet Shop) should be uses which are subject to a conditional use permit since they are both high noise producers. Mr. Jim Christensen, representing the Warmington Company, 3822 Campus Drive, Newport Beach, requested that provision be made in the ordinance to allow signing to identify dual or triple uses, such as they propose, subject to the approval of the Planning Director. He suggested that tenants located at the rear of a project which lack street exposure should be identified on a freestanding sign located on the street. In regard to Commissioner Adler's concern with Section 8C, he stated the building materials which would be allowed were listed in order to discourage the use of metal buildings, which they do not find attractive. The Planning Director stated the applicant was requesting off -site signing on Valley View to identify the mini - warehouse uses at the rear of the property. Chairman Van Allen felt that signing provisions in the ordinance should not be based on the specific characteristics of this develop- ment. He stated the PCM ordinance can apply to other developments which may propose 30 or 40 buildings not having street exposure and identifying all of them on one freestanding sign would be impractical. As an alternative he suggested having monument signs at interior street intersections containing the name and address number of businesses. The Planning Director recommended including in the Signing section of the ordinance a requirement that plans for a complete signing program be submitted for approval. Mr. Christensen agreed with this suggestion. The Planning Director recommended that the following wording be included in Section 7L: "plans for the total sign program shall be submitted for review and approval in accor- dance with Design Review requirements of the Zoning Ordinance ". The Commission held discussion regarding Mr. Hardcastle's suggestion regarding uses which should be subject to a conditional use permit. The Commission recommended that the following uses listed in Section 2 II should be subject to the granting of a conditional use permit: D - Boat Building, F - Cabinet Shop, H - Electric or neon sign manufacture, K - Furniture manufacture, upholstering, refinishing, S - Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials: canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semi - precious stones or metals, nonferrous metals, plaster, plastics, shells, textiles, tobacco, wood and yarns, and W - Prefabricated buildings manufacture. The Planning Director recommended that EE - Woodworking Shop, be deleted from this section since it was covered by "S ". Commissioner Mullen recommended that P - Laundries, should be further defined and that self- service laundries should be a permitted use but that industrial laundry service should be a use subject to a conditional use permit. Chairman Van Allen recommended that in Section 6, Prohibited Industrial Uses, the word "heavy" be inserted before "industrial uses ". The City Attorney noted that concerns regarding the uses mentioned by the Commission will be addressed by the City's Noise Ordinance and the fact that the uses will be required to be conducted indoors. - 3- Planning Commission Minutes October 19, 1978 Mr. Christensen stated he agreed with the Commission's action re- garding the uses which should be subject to a conditional use permit but he cautioned the Commission about being too restrictive and making it difficult for a developer to obtain tenants for a project. Chairman Van Allen asked if anyone else wished to speak. No one wished to speak. It was moved by Commissioner Friedmann and seconded by Commissioner Adler to approve Zone Change #78 -10 subject to the revisions made by the Commission, the correction of typographical errors, and the substitution of the word "Planning Agency" for Planning Commission throughout the Ordinance. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Adler, Friedmann, Mullen, Partin FT Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS: None The City Attorney stated he would transmit a report to the City Council regarding the request for a waiver of fees for Lot #16 at their October 23 meeting. The Chairman closed the public hearing. RECESS: Chairman Van Allen called a recess at 8:30 p.m. The meeting was called back to order at 8:45 p.m. with all Commissioners present. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78 -26 - WILLIAM J. OLIVER: Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to establish, operate and maintain a racquetball complex on a parcel of land located at 9922 Walker Street in the CG- 10,000 Zone. He opened the hearing and asked for the staff report. The Planning Director presented Staff Report #78 -50 dated October 12 describing the application and he presented the plans and eleva tions. He reported that, as recommended by staff, the plans were modified and the applicant will provide building indentations to allow for the planting of four additional trees. The staff recom- mended approval subject to 15 conditions. Chairman Van Allen asked if the applicant wished to speak. Mr. William Oliver, the applicant, reported the building on the property will be removed or relocated to another site. He reported a hall provides access to the interior office space which will be used for clerical functions. He agreed with all conditions of approval. Chairman Van Allen asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in favor or in opposition. It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #78 -26 subject to the following conditions: 1. The applicant shall provide an additional intermittent three feet of front setback along Walker Street unobstructed ver- tically, to allow the planting and growth of trees within the on -site planter area subject to City staff approval. 2. All future signing shall be subject to City staff review and approval prior to its installation. -4- Planning Commission Minutes October 19, 1978 3. All conditions of the Orange County Fire Marshal's office shall be complied with which includes an emergency crash gate along the south property line adjacent to the rear parking area. 4. A masonry trash enclosure shall be provided to the rear of the building in place of any one parking space from #42 to #57, subject to City staff approval. 5. The developer shall conform to all applicable provisions of the City Code. Should vehicular access be desired to property along the south, the developer shall obtain an agreement from the property owner to allow vehicular drive through. 6. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall be submitted for approval. 7. A minimum six -foot (6') high block wall, measured from the highest adjacent grade, shall be maintained and /or constructed along the north and east property lines. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 "). A six -inch (6 ") high concrete curb per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls exposed to vehicular traffic. 8. A landscape and irrigation plan shall be submitted for review and approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and work- manship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status and boron saturation extract. 9. Wheelchair and handicap access facilities shall be installed on -site and off -site in accordance with State of California and City of Cypress Building Department standards. 10. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. All roof - mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the City staff. Commercial developments which adjoin residentially zoned areas shall provide noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff. 11. The number, location, width and type of driveways shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Walker Street. No landscaping will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 12. All existing public improvements at the development site which are damaged, cracked or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer. 13. All secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1 ") minimum thickness asphalt concrete from curb to curb if it is necessary to open cut the street in more than one place. Any open cut shall be backfilled per City of Cypress Standard No. 110. 14. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. Existing street light and street tree in conflict with future driveway shall be relocated to the satisfaction of the City staff. -5- Planning Commission Minutes October 19, 1978 15. The following fees shall be paid: a. Engineering plan checking and inspection fee. (Per Resolution #1713.) b. Sanitary sewer connection fee. (Per Orange County Sani- tation District No. 3, Resolution #303.) c. All applicable building department fees shall be paid. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Adler, Friedmann, Mullen, Partin & Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS: None The Chairman closed the public hearing. Mr. Oliver stated they hope to be under construction within three and a half months and in operation by next July. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78 -27 - JACK STEVENS: Chairman Van Allen announced that this was the time and place for the public hearing to consider a proposal to establish, operate and maintain a church with related activities in an existing building located at 5205 Lincoln Avenue in the CH- 10,000 Commercial Heavy Zone. He opened the hearing and asked for the staff report. The Planning Director presented Staff Report #78 -49 dated October 11 which described the application. He reported that in response to staff's concerns, the applicant submitted a revised plan showing a revised parking layout which is more efficient and meets Zoning Ordinance requirements. He suggested the deletion of the first sentence in Condition #4 pertaining to the revised parking lot plan. He reported the church will be conducted in the auditorium. Staff recommended approval subject to seven conditions. Commissioner Mullen recommended a rewording of Condition #7 regarding the removal of existing trees. Commissioner Friedmann expressed concern about the parking and asked if access to the church was provided from Lincoln Avenue. The Planning Director stated persons can walk through the parking lot area to the church. He stated parking is allowed on Lincoln Avenue as it has adequate width, and there is a restricted parking zone on Grindlay Street. Mr. Steve May, Pastor of the church, stated they read the staff report and agree with the conditions. He reported the handicap wheelchair ramp was being installed and the seating arrangement in the auditorium complies with Fire Department requirements. He stated the parking lot is lighted and they did not anticipate conflicts with parking since the pre - school closes at 6:00 p.m. and church services will begin at 7:30 p.m. Chairman Van Allen asked if anyone wished to speak in support or in opposition. No one wished to speak in support or in opposition. It was moved by Commissioner Mullen and seconded by Commissioner Friedmann to approve Conditional Use Permit #78 -27 subject to the following conditions: 1. Conditional Use Permit #78 -27 is contingent upon the approval of Amendment to the Zoning Ordinance #78 -5 by the Cypress City Council. 2. All future signing for the church is subject to review and approval by City staff prior to its installation. -6- Planning Commission Minutes October 19, 1978 3. All conditions of occupancy stipulated by the Orange County Fire Marshal's Office and City Building Department shall be satisfied. 4. The parking area shall be seal coated and restriped to reflect the revised parking plan prior to occupancy of the church facilities. 5. The developer shall conform to all applicable provisions of the City Code. 6. Wheelchair and handicap access facilities shall be installed on -site and off -site in accordance with State of California and City of Cypress Building Department standards. 7. The removal or relocation of any existing trees located on the subject property shall be subject to the review and approval of the Planning Director. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COMMISSIONERS: Adler, Friedmann, Mullen, Partin & Van Allen 0 COMMISSIONERS: None 0 COMMISSIONERS: None Chairman Van Allen closed the public hearing. ADJOURNMENT: Chairman Van Allen adjourned the meeting at 9:15 p.m. ATTEST: HAIRMAN OF THE PLANNING COMMISSION SECRETARY OF T E PLAN ING CO MISSION