Resolution No. 3688RESOLUTION NO. 3688
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF
THE CITY OF CYPRESS TO ALLOW THE INSTALLATION OF A THREE FOOT
(3') WIDE, INSTEAD OF THE MINIMUM REQUIRED FIVE FOOT (5') WIDE,
LANDSCAPE CURB ALONG THE WESTERN DRIVEWAY OF THE PROJECT SITE.
VARIANCE NO. 89 -20
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the
Zoning Ordinance of the City of Cypress to allow the installation of a three
foot (3') wide, instead of the minimum required five foot (5') wide, landscape
curb along the western driveway of the project site located at 5894 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) A strict or literal enforcement of the Code would result in
practical difficulty in that requiring the minimum five foot (5')
wide landscape curb would not allow for adequate aisle width for
the restaurant drive -thru driveway.
(b) The granting of this variance does not constitute a special
privilege since other commercial centers in the same zone have been
granted similar variances. The variance does not represent a
significant deviation from the Code and adequate landscaping is
provided elsewhere onsite to compensate for the two foot (2')
reduction in the landscape curb area.
(c) The variance contributes toward a safer and more effective
onsite circulation plan. Moreover, the overall project contributes
to the revitalization of Lincoln Avenue.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 89 -20, subject to the conditions
set forth in Exhibit "A" attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 22nd day of January 1990.
ATTEST:
CITY
/ ER OF CYPRESS
TECI
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
MA OR OF THE CITY OF CY ESS
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
//(f/7 l
CITY CLERK
THE CITY F CYPRESS
EXHIBIT "A"
VARIANCE NO. 89 -20
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"
0 yariance No. 89 -20
Conditions of Approval
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. 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.
Exhibit "A"
Variance No. 89 -20
Conditions of Approval
Page 3
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"
L J Variance No. 89 -20
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 trees 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.
Exhibit "A"
Variance No. 89 -20
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
2287) .
Drainage Plan (Per Resolution
- Sanitary Sewer Connection Fee (Per Orange
Sanitation District, No. 3, Resolution 308).
- Grading Plan Check
3269) .
County
and Permit (Per Resolution 2964 &
- 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.
207 y
Exhibit "A"
Variance No. 89 -20
?!O (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