Resolution No. 3617RESOLUTION NO. 3617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -15 - 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 a 7,920 square foot office and warehouse building
for use as a contractor's yard, to be operated by Franklin Air Conditioning
located at 4891 Camp Street.
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 to the
objectives prescribed in Section 1, "Purposes and Scope ",
a Lincoln Avenue Combining Zone -- designation (LC) -- is
included in the Zoning Regulations for the following
purposes:
(1) To promote a revitalization of the Commercial
areas on Lincoln Avenue and thereby enhance the
economic base of the City; and
(2) To improve the image of the City by providing an
aesthetically pleasing environment along Lincoln
Avenue; and
(3) To expand opportunities for the development of
identified deep lots by providing a means for
the establishment of a variety of urban uses in
conjunction with commercial projects.
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 air conditioning office /warehouse building is
consistent with the uses and intent of the CH -LC, Lincoln Avenue
Combining Zone.
(2) Adequate access and parking are provided for the project.
(3) The project is compatible with surrounding commercial and
residential uses and represents a significant upgrade of the
property.
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 -15, subject to
the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 11th day of September 1989.
F THE CITY OF CYPRESS
1U
i0`
ATTEST:
CITY CLER 0 H CITY F CYPRESS
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 llth day of September 1989by the following roll
call vote:
AYES: 4 COUNCIL MEMBERS: Age, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Bowman
CITY CLERK OF THE CIja OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 89 -15
CONDITIONS OF APPROVAL
1. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
2. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
3. 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.
4. The applicant shall obtain a Cypress business license prior
to commencement of the business operation.
5. Any expansion or modification of the approved use beyond
what is approved as part of Conditional Use Permit No. 89 -15
will require an amendment to the conditional use permit.
6. This conditional use permit may be modified or revoked by
the City Council should the Council determine that the
proposed use or conditions under which it is being operated
or maintained is detrimental to the public health, safety,
or welfare, or materially injurious to properties. or
improvements in the vicinity.
7. Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
8. 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.
9. Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic.
10. 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.
Exhibit "A"
`'4Conditional Use Permit 89 -15
1U ,4onditions of Approval
Page 2
11. 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.
12. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff.
13. Parking for the handicapped shall be provided in accordance
with State requirements.
14. 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.
15. All landscaped areas adjacent to a street right -of -way shall
contain a 3 to 1 berm.
16. Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas.
17. 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.
18. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
19. Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
20. 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.
21. 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.
22. 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.
Exhibit "A"
Conditional Use Permit 89 -15
Conditions of Approval
Page 3 10C
23. 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.
24. Any use associated with the conditional use permit shall not
be permitted to conduct business or hold office hours before
7 a.m. or after 9 p.m. daily.
25. Parking of company service vehicles shall be prohibited in
the parking lot. Any service vehicles to be parked onsite
shall be pulled into the warehouse behind the loading zone
door.
26. A variance shall be acquired by the applicant to permit the
reduction of the ten foot (10') rear setback requirement
prior to the issuance of building permits. If a variance is
not received, this conditional use permit shall not become
effective.
27. Any walls of the building which are to be constructed along
the property line shall comply with the Uniform Building
Code specifications for fire walls.
28. The developer shall conform to all applicable provisions of
City Code.
29. 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 topographic map for 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. In parking areas, AC
shall have a minimum slope gradient of one and one -half
percent (1.5 %) or as approved by the City Engineer, and
concrete shall have a minimum slope gradient of two - tenths
percent (.2%).
30. Six foot (6') high block wall, shall be constructed and /or
maintained along the west, north and east property lines. A
retaining wall per City standards shall be constructed at
the property line where the finish grade difference is
greater than twelve inches (12 ").
31. Wheelchair and handicapped access facilities shall be
installed in accordance with State of California and City of
Cypress Public Works Department standards.
Exhibit "A"
I Enditional Use Permit 89 -15
• Conditions of Approval
Page 4
32. A three foot (3') wide planter shall be installed along the
south property line adjacent to parking spaces and along the
north side of the parking space adjacent to the truck bay.
33. Camp Street shall be improved with temporary driveways,
etc., in accordance with the City's standards.
The developer shall post a cash deposit with the City for
installation of future street improvements, including curb,
gutter, sidewalk, driveway, etc., in front of this
development.
34. All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110. 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.
35. 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.
36. The truck bay shall be striped and signed for "No Parking
Any Time" to the satisfaction of the City Engineer.
37. No gates shall be installed at the driveway entrances to the
project.
38. No doors from the proposed building shall access onto the
rear setback area. Suitable access from the exteriors of
the building to this area shall be provided to; the
satisfaction of the Design Review Committee.
39. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
- Drainage Fee for Master Drainage Plan (Per Resolution
2287).
- Sanitary Sewer Connection Fee (Per Orange County
Sanitation District, No. 3, Resolution 308).
- Grading Plan Check and Permit (Per Resolution 2964 &
3269) .
- All applicable Building Department fees.
40. No vehicle may be permitted for this business which weighs
more than a fully loaded 3/4 ton pick up truck.