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HomeMy WebLinkAboutResolution No. 321249 RESOLUTION NO. 3212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87 -7 - 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 a two -story retail /office building and a one -story restaurant with onsite beer and wine sales at 5735 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 zone in which the site is located is: Commercial Heavy Zone To provide appropriately located areas for establishments catering primarily to highways 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 aestheti- cally 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) Lincoln Avenue is designated in the Cypress General Plan as a major arterial street. Its capacity is adequate to accommodate transportation impacts generated by the proposed project. (2) The proposed project is consistent with the goals and policies of the Cypress Zoning Ordinance and General Plan. (3) The proposed project will not result in a substantial alteration of the present or planned land use for the area. (4) Adequate onsite parking is provided within the development to serve the proposed use. c. The proposed conditional use will comply with each of the appli- cable 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 attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 23rd day of March 1987. 50 ATTEST: CITY CLERK OF E 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 23rd day of March 1987; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen, and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CITY CLERK OF THE CITyiOF CYPRESS 2 51 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 87 -7 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdi- vision Ordinance and Zoning Ordinance shall be satisfied. A parcel map shall consolidate the two existing lots into one and shall be recorded prior to issuance of a building permit. 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 bench- mark shall be submitted for approval. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two- tenths percent (.27). 3. Perimeter block walls shall be constructed as shown on the approved site plan with heights measured from the highest adjacent grade. A retaining wall. per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 "). 4. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards. 5. Two (2) three -foot (3') wide raised planters shall be constructed on the northwest corner of the property to the satisfaction of the Engineering Department for protection from turnaround traffic. 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. Lincoln Avenue shall be fully improved with a twelve -foot (12') wide sidewalk, driveway and driveway closure, etc., in accordance with City standards. 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 ") con- tinuous A.C. cap. 9. Street trees (15 gallon) forty feet (40') on center shall be installed in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. 10. A sewer plan shall be submitted for approval by the City Engineer. Sewer laterals connecting existing houses at this property shall be plugged at the property line. 52 2 11. The developer's contractor shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 12. Fees required for improvements are as follows: . Final subdivision map filing fee (per Resolution Nn. 2964). . Engineering plan checking and 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 303). . Grading permit fee (per Resolution 2964). • All applicable Building Department fees. 13. All requirements of the Orange County Fire Marshal's Office shall be com- plied with prior to a Certificate of Occupancy being issued. Fire hydrants shall be in place and operational prior to the issuance of building permits for combustible construction. 14. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 15. A comprehensive sign program for both building and freestanding monument signs shall be submitted for City Council 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. 16. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 17. 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 resi- dentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 18. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 53 19. The business hours of operation in relation to truck delivery activity shall be limited from 8 a.m. to 6 p.m. only, Monday through Friday. Late night or early morning deliveries shall be specifically prohibited. 20. A detailed landscape and automatic irrigation plan shall be submitted to the City Council 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 any defects in plant materials and workmanship. The landscape and irrigation plan shall include twenty -four inch (24 ") box Cupressocyparis Leylandii trees, eight -foot (8') on center, to buffer adja- cent residences from the commercial development. 2]. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 22. 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. 23. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 24. Architectural elevations and site plans shall be reviewed and approved by the City Council prior to Building Department plan check submittal. 25. Parking for the handicapped shall be provided in accordance with State requirements. 26. 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. Transformer boxes. and water valves shall be shown on the detailed landscape plan. 27. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be sub- mitted to the City Council for review and approval prior to actually paint- ing the structure. 28. The applicant shall satisfy all necessary requirements of the State Depart- ment of Alcoholic Beverage Control prior to Conditional Use Permit No. 87 -7 becoming effective. 29. An additional exit shall be provided along the north side of unit 104 of the commercial building to the satisfaction of the Cypress Building, Engineering and Planning Departments. The north access door to the busi- ness premises facing the parking lot and adjoining single- family residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only, and shall be the only door permitted along the north wall of the commercial building. 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. 54 - 4 31. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 32. Tenants shall obtain a Cypress business license prior to commencement of their business operations. 33. Office buildings adjacent to residential areas shall not be allowed to construct balconies. 34. Office buildings and uses adjacent to residential areas shall not be per - mitted to conduct business or hold office hours before 7 a.m. or after 9 p.m. daily. 35. Second story windows shall not face residentially zoned properties.