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Resolution No. 3498 268 RESOLUTION NO. 3498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-33 - 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 used car lot at 5792 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. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zones in which the site is located is: Commercial Heavy Zone 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. Lincoln Avenue Combining (Overlay Zone) 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. 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 initial approval by the City Council is for a period of two (2) years in order to allow the City an opportunity to impose additional improvements to the property if it appears that the use is to become a permanent facility. (2) The property will result in upgrading the site; i .e. , resurfacing existing asphalt area, and installing new asphalt, gravel , overhead lighting and parking. (3) The proposed used car lot is consistent with the CH/LC Commercial Heavy/Lincoln Avenue Combining Zone. (4) The proposed project is compatible with surrounding commercial and light industrial uses. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cy ess at a regular meeting held on the 12th day of December 188. MAYOR OF THE CITY OF CYPRESS 6ci ATTEST: /(t l' //2 CITY CLERK OF Mt CITY/OF 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 12th day of December 1988, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CIT OF CYPRESS - 2 - a70 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88-33 CONDITIONS OF APPROVAL The following conditions shall be complied with immediately: 1. Conditional Use Permit No. 88-33 shall expire two ( 2 ) years from the date of City Council approval, unless before expiration said use permit is extended by the City Council. 2. The developer shall conform to all applicable provisions of the City Code. 3. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan signed by a registered California civil engineer and using actual grades from an Orange County surveyor 's benchmark shall be submitted for approval. Drainage of the subject property shall be to Lincoln Avenue. Water runoff shall not cross the south or west property lines. A topograph 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. 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. The existing gate on the proposed access drive from Lincoln Avenue shall remain open at all times during business hours, and shall have reflectorized warning signs installed on the gate as required by the City Engineer. 6. Fees required for improvements are as follows: . Grading plan check and permit ( per Resolutions 2964 and 3269 ). . All applicable Building Department fees. 7. Must obtain Building Department approval and permits prior to any remodeling of existing building. 8. All requirements of the Orange County Fire Marshal ' s Office shall be complied with prior to a Certificate of Occupancy being issued. 01 -7/ - 2 - 9. Exterior storage of products or materials other than vehicles is specifically prohibited. 10. 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. 11. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 12. 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. 13. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 14. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 15. The developer shall provide an adequate number of trash enclosures onsite and at -a location acceptable to City staff. 16. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 17. A fire hydrant is required to provide the required fire flow prior to combustible construction. 18. Office trailers shall not be installed on the site. 19. Barbed wire on perimeter fences is prohibited. 20. Property owner or applicant shall not lease any portion of the subject site for vehicle storage. 21. Dismantling, overhauling, painting or repairing of any vehicle on the subject site is prohibited.