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Resolution No. 3645131 RESOLUTION NO. 3645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -16 - 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 10,284 square foot commercial center and a 1,800 square foot quick -lube facility located at 5961 Ball Road, in the CG- Commercial General Zone. 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 retail commercial center and quick lube facility are consistent with the City of Cypress Zoning Ordinance in that the project is permitted in the CG- Commercial General Zone. (2) The proposed project will be compatible with neighboring church and residential uses since the retail center will be conditioned to prohibit auto repair businesses including engine overhaul shops, body shops and tune -up shops. In addition, the Pit Stop quick -lube business will be licensed and regulated by all authorized public agencies. (3) The proposed project meets all City development standards for building setbacks, building heights, landscaping, parking and fencing, subject to the attached conditions of approval. (4) A traffic study prepared for the City concluded that existing street conditions can accommodate the project and no new street improvements are required at this time. To ensure public safety, the project will be conditioned to prohibit left turns out of the project on weekdays from 3:30 p.m. to 5:30 p.m. 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 -16, 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 13th day of November 1989. ,&174.4e,/ F THE CITY OF CYPRESS ATTEST: 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 13th day of November 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 CITY CLERK 2 F THE CI OF CYPRESS Y8: i3 J EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -16 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 on -site drainage conveyed to the street shall be by means of an undersidewalk drain. 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 %). 3. A minimum eight foot (8') high block wall, measured from the highest adjacent finish grade, shall be constructed along the northerly property lines. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Wheelchair and handicapped access facilities shall be installed on -site and off -site in accordance with State of California and City of Cypress Public Works Department standards. 5. A copy of the conditions, covenants, and restrictions (C,C &R's) covering the development shall be submitted to the City staff and City Attorney for their review, recommendations and approval to assure the continuance, maintenance, applicability and enforceability of the C,C &R's so that the development will not become a liability to the City at a later date. 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. 7. Bali Road shall be fully improved with sidewalk repair, new driveway, etc., in accordance with the City standards. Exhibit "A" Conditions of Approval Conditional Use Permit No. 89 -16 Page 2 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. 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. 10. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & Inspection Fee (Per Resolution 2964). - 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. 11. The oil and lube facility (Pit Stop) shall meet uniform Fire Code Article 79 requirements for storage and dispensing of flammable and combustible liquids. 12. The oil and lube facility (Pit Stop) shall comply with all applicable county, state and federal regulations. In addition, it shall be maintained in a clean and safe condition. Should the City receive complaints regarding the business operation, the City Council reserves the right to reopen the public hearing on the conditional use permit, and modify or revoke the conditional use permit. 13. The general commercial building shall not include auto repair and service businesses including tire stores, tune - up shops, and engine and body work shops. Any auto service and installation businesses such as, but not limited to stereos, car phones, detailing and window tinting may only be permitted subject to an amendment of this conditional use permit. 14. The City Council shall maintain the right to review the commercial center'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. 43taxhibit "A" Conditions of Approval Conditional Use Permit No. 89 -16 Page 3 15. The rear access doors to the commercial building shall remain closed during all hours of business, except for deliveries. 16. 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. The landscape plan shall include screening trees along the five foot (5') wide landscape planter along the north side of the site. 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. The project shall be posted with a sign prohibiting left turns out of the project driveway, weekdays from 3:30 p.m. to 5:30 p.m. Traffic conditions will be monitored for significant changes. If conditions change, the City may extend the hours restricting left turns or take any other feasible traffic control measures. 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. 13C Exhibit "A" Conditions of Approval Conditional Use Permit No. 89 -16 Page 4 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." 26. Parking for the handicapped shall be provided in accordance with State requirements. 27. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -16 will require an amendment to the conditional use permit. 28. 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. 29. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 30. 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. 31. The applicant shall obtain a Cypress business license prior to commencement of the business operation.