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Resolution No. 3687RESOLUTION NO. 3687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -29 - 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 and operate a drive -thru fast food restaurant and an automotive quick -lube facility located at 5894 Lincoln Avenue in the CH /LC Commercial Heavy - Lincoln Combining 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 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 esse•itial or desirable for their operation including to promote a revitalization of the commercial areas on Lincoln Avenue, and thereby enhance the economic base of the City; to improve the image of the City by providing an aesthetically pleasing environment along Lincoln Avenue; and 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 commercill 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 inurious to properties or improvements in the vicinity in that: (1) The proposed Rally's Drive -thru Restaurant and HasterLube quick -lube facility are consistent with the uses permitted in the CH /CC Commercial Heavy /Lincoln Combining Zone. (2) The proposed project represents the last phase of development of are existing commercial center and is compatible with surrounding uses. (3) The proposed project meets all required zoning and development standards, except for approved adjustments and variances. (4) The proposed project contributes toward the private revitalization of Lincoln Avenue, and thus, creates a positive effect on the area. 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 -29, 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 22nd day of January 1990. i1OIATHE CITY OF CYP E ATTEST: (id CITY C TE ITYC CL 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 22nd day of January 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK 0 T HE CI OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -29 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. A topographic map 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 on -site drainage conveyed to the street shall be by means of an undersidewalk drain. All lots shall have a slope gradient of one percent (1 %) minimum in landscape areas. 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 six foot (6') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along the west property line. A retaining wall per City standards shall be constructed at the property line where the finished grade difference is greater than twelve inches (12 "). 4. Onsite traffic circulation, signage and striping shall be subject to the approval of the City Engineer. 5. Wheelchair and handicapped access facilities shall be installed in accordance with State of California and City of Cypress Public Works and Building Department standards. 6. 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. 7. 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. Exhibit "A" Conditional Use Permit No. 89 -29 Conditions of Approval Page 2 r)9 r7 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. The basement under the MasterLube building shall be designed and constructed watertight and able to withstand the additional loading caused by the groundwater surcharge. Miscellaneous water which accumulates in the basement may be pumped into the existing sewer system provided the developer obtains a permit from the Orange County Sanitation District. If the developer is unable to pump into the OCSD system, the water must then be considered hazardous waste and disposed of accordingly. The water shall not be pumped into the gutters on Valley view Street or Lincoln Avenue. 11. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 12. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 13. 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 operations. 14. The developer for both Rally's and MasterLube shall comply with all applicable requirements of the 1988 Uniform Building, Plumbing and Mechanical Codes; the 1987 National Electrical Code; the California State Title 24 Handicapped and Energy Regulations and the Cypress City Code. 15. 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 Fire Chief. Fire hydrants shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 16. A Hood and Duct Extinguishing System to protect cooking surfaces and related hood and duct work shall be required for Rally's restaurant. bit "A" Page 3 itional Use Permit No, 89 -29 Conditions of Approval 17. MasterLube shall obtain permits for the storage and dispensing of flammable and combustible liquids. This must be in conformance to requirements of the Uniform Fire Code, Article 79. 18. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -29 and Variance No. 89 -20 will require an amendment to the Conditional Use Permit. 19. 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. 20. 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. 21. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 22. 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. 23. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 24. 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. 25. 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. 26. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 27. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 28. Parking for the handicapped shall be provided in accordance with State requirements. Exhibit "A" Conditional Use Permit No. 89 -29 Conditions of Approval Page 4 29. The intercom speaker box for the drive -thru restaurant shall be located and equipped with a noise attenuation device to the satisfaction of City staff, so that noise shall not be directed toward adjoining businesses and properties. 30. 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. 31. Unless otherwise specified, all required tcees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 32. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 33. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 34. An amended comprehensive sign program for Campus View Center for both building and freestanding monument signs shall be submitted for Design Review Committee 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. 35. All product and material storage shall occur within the building. Exterior storage is specifically prohibited 36. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 37. 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. 38. 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. 39. 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. 295 E�t "A" C tional Use Permit No.. 89 -29 Conditions of Approval Page 5 40. 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. 41. The City Council shall maintain the right to review the restaurant'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. 42. Prior to the issuance of Certificates of Use and Occupancy, the applicant shall submit a joint use parking agreement for all businesses within Campus View Center. The agreement shall be reviewed and approved by the Planning Department prior to execution. 43. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & 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). - Grading Plan Check and Permit (Per Resolution 2964 & 3269) . - All Applicable Building Department Fees. 44. Lincoln Avenue shall be fully improved with one street light:. on marbelite standard per Edison Company requirements, undergrounding of overhead utility lines and removal of power pole at the northwest corner of the development, repair or removal of broken water meter box, etc. in accordance with City standards. Improvements within the public right -of -way of the City of Buena Park shall be subject to the checking and approval of the City of Buena Park. City of Buena Park Improvement Standards, permitting and insurance requirements shall be satisfied. 45. Overhead utility lines shall be placed underground and power poles removed along the west property line of this development. The overhead utility lines and power poles necessary for the existing overhead service of the adjacent property to the west may remain in place unless services can be consolidated by the serving utilities, enabling the partial reduction of poles. Exhibit "A" Conditional Use Permit No. 89 -29 Conditions of Approval Page 6 46. The payment of the drainage fee has been satisfied as a part of Parcel Map 86 -319. 47. Regulation stop signs and pavement markings, to stop east and west bound vehicles, shall be placed and maintained where the - main access drive along the east side of the subject development site intersects (1) the existing Kentucky Fried Chicken parcel driveway and (2) the "exit only" driveway between the MasterLube and Rally's uses. HH /nl 3C .:.