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Resolution No. 3616RESOLUTION NO. 3616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -14 - 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 develop a 19,892 square foot commercial center on a 1.42 acre site located at 6202 and 6222 Lincoln 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 to provide appropriately located areas for establishments catering primarily to highway travelers, visitors to the city or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. In addition, a civic center combining zone is included in the zoning regulations to provide a zone designed to protect the public interest in certain major public developments, and at the same time protect private interests in the peripheral area thereof by creating an environment compatible with the purpose of the public development. 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 shopping center is a permitted use within the CH -CC Commercial Heavy -Civic Center Combining Zone. (2) The proposed project meets all of the development standards as required by the City of Cypress Zoning Ordinance. (3) project. (4) The proposed project represents a revitalization of the property including installation of public improvements, and development of a well- designed commercial center. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 89 -14, subject to the conditions attached hereto as Exhibit "A ". Adequate access and parking will be provided for the PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 28th day of August 1989. OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF Z` HE Y OF CRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 28th day of August 1989, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 101 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -14 CONDITIONS OF APPROVAL 1. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. A parcel map shall be recorded prior to issuance of a building permit. 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. A topograph of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. All lots shall have a slope gradient of one percent (1 %) minimum from rear lot line to the street. In parking areas, A.C. shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2 %). The north 100 -feet of the property shall drain to Lincoln Avenue and the remainder of the property shall drain southerly and sheet flow across the south property line. 3. A minimum six -foot (6') high block wall, measured from the highest adjacent finish grade, shall be constructed and maintained along the open portion of the south, east and west property lines. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater then 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. 5. 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. 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. �i.OElchibit "A" Conditional Use Permit No. 89 -14 Page 2 7. Lincoln Avenue shall be dedicated and fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the 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. Streetlights shall be installed per City standards and shall be dedicated to the City. Street name signs and traffic signs shall be installed per City standards. 10. Street trees (15 gallon) forty feet (40') on center shall be installed in back of the public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. 11. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connecting existing houses at this property shall be plugged at the property line. 12. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. 13. Fees required for improvements are as follows: Final subdivision map filing fee, per Resolution 2964. Engineering plan checking and inspection fee, per Resolution 2964. ▪ Drainage fee for Master Drainage Plan, per Resolution 2287. ▪ Sanitary sewer connection fee, per Orange Sanitation District No. 3, Resolution 303. • Advanced streetlight one -year period. ▪ Grading permit fee, per Resolution County energy charges shall be paid for a 2964. All applicable Building Department fees. 14. The applicant /developer shall comply with all provisions of the City Code. Exhibit "A" Page 3 10 Conditional Use Permit No. 89 -14 15. All requirements of the Orange County Eire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 16. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 17. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -14 will require an amendment to the conditional use permit. 18. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning Ordinance. 19. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 20. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 21. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 22. 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. 23. 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. 24. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 25. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." Exhibit "A" iditional Use Permit No. 89 -14 Page 4 26. 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 defects in plant materials and workmanship. 27. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 28. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 29. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 30. 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. 31. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 32. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 33. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural integrity or appearance. 34. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. 35. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 36. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials.