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Resolution No. 384743 RESOLUTION NO. 3847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -21 - 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 operate a U -Haul truck rental service at 4912 Bishop Street located in the CH -LC Commercial Heavy - Lincoln Avenue 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 essential or desirable for their operation. In addition to the above - mentioned objectives, the Lincoln Avenue Combining Zone is intended 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 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 proposed location of the conditional use is in accord with the objectives of this ordinance and the purpose of the zone in which the site is located because the original approved use, located across the street, is merely being expanded. (2) The proposed conditional use will comply with each of the applicable provisions of the Cypress Municipal Code. (3) This project must comply with and acquire the necessary permits in order to operate this business. 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. 90 -21 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, 1990. AY OF THE CITY OF CYPRE 43S ATTEST: CITY CLERK 0 THE CFTY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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, 1990, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Kerry and Age NOES: 2 COUNCIL MEMBERS: Arnold and Bowman ABSENT: 0 COUNCIL MEMBERS: None ,(/) ./216 CITY CLERK OF THE C YTYOF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -21 CONDITIONS OF APPROVAL [Amended 10- 30 -90] 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. The parking and driveway areas shall be paved 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 %). 3. A minimum six foot (6 ") high block wall, measured from the highest adjacent finished grade, shall be constructed and /or maintained along the east, south, and west property lines. The block walls on the east and south property lines shall be protected from damage due to vehicular traffic to the satisfaction of the City Engineer. 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. 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. 5. Bishop Street shall be fully improved with temporary A.C. drive approach etc. in accordance with the City standards. A cash deposit shall be posted with the City for the cost of future public improvements to be installed in front of this development. 6. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. 4 G Exhibit "A" Conditional Use Permit No. 90 -21 Conditions of Approval 7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Page 2 - Drainage Fee for Master Drainage Plan (Per Resolution 2287). - Grading Plan Check and Permit (Per Resolution 2964 and 3662). - All applicable Building Department Fees. 8. The applicant /developer shall comply with all provisions of the City Code. 9. All applicable conditions of Conditional Use Permit No. 90- 21 shall be complied with prior to occupancy of the subject building. 10. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 11. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 12. 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. 13. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 14. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -21 will require an amendment to the conditional use permit. 15. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works and Building Department standards. 16. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 17. 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. Exhibit "A" Conditional Use Permit No. 90 -21 Conditions of Approval Page 3 4 41 18. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 19. 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. 20. 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. 21. Parking for the handicapped shall be provided in accordance with State requirements. 22. 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. 23. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 24. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 25. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 26. 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. 27. 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. 28. 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. Exhibit "A" A ' Conditional Use Permit No. 90 -21 4`' Conditions of Approval Page 4 29. 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. 30. 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. 31. Prior to the recordation of a final tract /parcel map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants, will be evaluated and approved by the Chief. 32. 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 and access roads shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 33. Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved and installed. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a Certificate of Use and Occupancy per City ordinance. 34. Prior to the issuance of any building permits, construction details for any controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height, and means of emergency vehicle over -ride. 35. Prior to the issuance of any Certificates of Use and Occupancy, the private street shall be red curbed and posted "No Parking - -Fire Lane" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. All drives less than twenty -eight feet (28') shall be posted "No Parking - -Fire Lane." 36. Applicant /developer shall comply with applicable provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes, 1987 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 37. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. Exhibit "A" Conditional Use Permit No. 90 -21 Conditions of Approval Page 5 4'�v 38. Type 5 cement shall be used for all foundations and slabs on grade. 39. All slabs on grade (including M -2 occupancies) shall use a minimum moisture barrier of 10 mil. 40. Applicant /developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and /or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 41. Truck and trailer sizes shall not exceed twenty -six feet (26') in length and ten feet (10') in height. 42. All business activity, including the hitching of trailers, shall be performed onsite only. 43. Hours of operation shall be limited from 8:00 a.m. to 8:00 p.m. Monday through Friday, Saturday from 8:00 a.m. to 6:00 p.m., and Sunday 9:00 a.m. to 11:00 a.m. Hours of operation shall include the pick up or drop off of rental equipment to the site. 44. The City Council shall maintain the right to review the U -Haul Rental'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 the neighboring properties. 45. Preventive maintenance and minor repair work shall be performed between the hours of 8:00 a.m. and 4:00 p.m. during the regular work week and limited to the following procedures performed under the U -Haul PM -5,000 Service Plan: 1. oil, lube, and filter changes. 2. Replacement of spark plugs and batteries. 3. Replacement of radiator hoses and fan belts. 4. Repair of alternators and starters. 5. Replacement of flat tires. All other major automotive repair work shall be done offsite. 46. The ten foot (10') front yard setback shall be constructed with a minimum two foot (2') high landscaped planter. 47. The rental vehicle and equipment parking area boundary shall be marked to the satisfaction of the Planning Director. 48. All rental vehicles and equipment shall be maintained in an orderly manner within the designated parking area. 4 Exhibit "A" l'2 Conditional Use Permit No. 90 -21 Conditions of Approval Page 6 49. There shall be no parking of any rental vehicles associated with the U -Haul Rental Agency upon the public street in front of the business or within 100 feet of the subject property. 50. Conditional Use Permit No. 90 -21 shall expire after one (1) year from the date of City Council approval unless prior to expiration the conditional use permit is extended by the City Council after conducting a public hearing. 51. The applicant shall add an additional twelve inches (12 ") of decorative material to the existing six foot (6') high block wall to ensure adequate screening subject to review and approval by the Design Review Committee. 52. The applicant, with the permission of the property owner to the east, shall install landscaping on the adjacent property line to screen the rental vehicles from the present tenants and any future tenants.