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Resolution No. 3516316 RESOLUTION NO. 3516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88 -26 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to construct an Econo Lube 'N Tune and Tire Store at 5491 Cerritos Avenue. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: Intended as an area for the location of retail and wholesale commercial activities. b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materially injurious to properties or improvements in the vicinity in that: (1) The proposed Econo Lube 'N Tune and Tire Store is consistent with the CG Commercial General Zone. (2) The proposed project is designed in a matter so as to be compatible with surrounding businesses. (3) Adequate access and parking will be provided. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cyp s at regular meeting held on the 23rd day of January 189. ATTEST: CITY LERK 0 TA- CITE F CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 23rd day of January 1989, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE C iTY OF CYPRESS 317 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88 -26 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. 2 Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on mylar, signed by a registered California civil engineer and using actual grades from an Orange County surveyor's benchmark shall be submitted for approval. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2 %). 3. A minimum six -foot (6') high block wall, measured from the highest adjacent finish grade, shall be constructed along the west and north property lines. The north and west property lines shall have a single block wall only and the developer shall obtain written permission of the adjacent property owner for removal of the existing block walls. Developer shall provide suitable, temporary fencing for all adjacent properties, during construction of the perimeter walls. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards. 5. The landscaped planter on the north property line shall have a minimum width of five feet (5'). A three -foot (3') minimum width landscaped planter shall be constructed in front of the sales area store front of the retail service building. 6. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 318 - 2 - Cerritos Avenue shall be fully improved with an eight -foot (8') wide sidewalk, mounded, landscaped parkway in back of sidewalk, driveway, driveway closure, etc., in accordance with City standards. Walker Street shall be fully improved with sidewalk repair, driveway closure, etc., in accordance with City standards. 8. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City streets lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1 ") continuous A.C. cap. 9. One streetlight shall be installed on Walker Street, per Edison Company standards. The overhead streetlight service on Cerritos Avenue shall be installed underground, per Edison Company standards. 10. Street trees (15 gallon) forty feet (40') on center shall be installed in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. The type of trees shall be as required by the City's street tree ordinance. Landscaping in public right -of -way shall be maintained by the developer. 11. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connecting existing buildings at this property shall be plugged at the property line. 12. The applicant is required to submit to staff revised elevations indicating the color and new design of the building. The elevations will be brought back before City Council under Design Review. 13. All parking stalls shall be a minimum of nine feet by twenty feet (9' x 20'). The stalls may have.a two and one -half foot (2 -1/2') overhang into the five -foot (5') landscaped area. 14. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Eire Chief. Fire hydrants shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 319 - 3 - 15. Occupancy shall conform to requirements of the Uniform Fire Code, Article 79, for storage and use of flammable and combustible liquids. Used motor oil is classified as a lA flammable liquid. 16. Project is to meet the requirements of the '85 Uniform Building Code, Uniform Mechanical and Plumbing Codes, State Title 24 Energy and Handicapped Regulations, Cypress City Code, '85 National Electrical Code. 17. Retail /service building must provide restroom facilities in accordance with Uniform Building Code and same Title 24 requirements. 18. All hazardous waste materials, including oil and any other automotive fluids or materials, shall be disposed of in accordance with County of Orange Health Care requirements and State and City laws. All trash shall be disposed of in a trash container approved by the City of Cypress. 19. All overnight storage and /or vehicles shall be within the interior building bays and shall be secure. Storage of vehicles outside of the building is strictly prohibited. 20. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 21. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Department approval prior to any signing installation. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. The applicant may construct a monument sign. Freestanding pole signs are prohibited. 22. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 23. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 320 - 4 - 24. A detailed landscape and automatic irrigation plan shall be submitted to the Planning Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against any defects in plant materials and workmanship. 25. An earth berm with a three to one ratio shall be constructed adjacent to Walker Street and Cerritos Avenue. - 26. All applicable conditions of Conditional Use Permit No. 88- 26 shall be complied with prior to occupancy of the subject ' building. 27. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 28. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 29. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 30. Parking for the handicapped shall be provided in accordance with State requirements. 31. The City Council shall maintain the right to review the business's hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints be received that the business hours are creating an adverse impact upon neighboring properties. 32. The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. The location of the transformer boxes shall•be approved by the Planning Department prior to installation. 33. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 34. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 321 - 5 - 35. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 36. Fees required for improvements are as follows: Engineering plan check and inspection fee (per Resolution 2964). Drainage fee for master drainage plan (per Resolution 2287). Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution 308). Advanced streetlight energy fee for a one -year period. Grading plan check and permit (per Resolutions 2964 and 3269). All applicable Building Department fees. 37. The tire store, lubrication and tune -up uses are the only automotive uses approved for this location. Any other automotive use or any modifications to the proposed uses would require an amendment to the conditional use permit.