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HomeMy WebLinkAboutResolution No. 3288• 13; RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87 -14 - 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 accor- dance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to construct a mini - market with offsale beer and wine, an auto tune - up center and two gasoline pump islands under a single canopy, at 4900 Ball Road. 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 for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with a residential environment at locations indicated on the General Plan. 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) This conditional use permit will result in the reconstruction and upgrading of an existing service station. (2) Display of advertisements promoting beer and wine have been restricted as per Condition 28. (3) To discourage loitering or the congregation of minors in a facility where beer and wine are sold, video games, public telephones and public restrooms have been prohibited on the site. (4) The development of this ARCO mini - market will result in the incorporation into the site a problem parcel which in the past has not developed due to an unusual lot configuration. (5) An existing mini - market /service station in the City of Cypress has not created any adverse conditions for the City. 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 10th day of August 1987. ATTEST: CIT CL K HE OF CYPRESS ()-71\-4,4 MAYO OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 18i 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 10th day of August 1987, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Coronado, Mullen and Kanel NOES: 1 COUNCIL MEMBERS: Davis ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 87 -14 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 be recorded prior to issuance of building permits to consolidate two (2) existing lots into one (1). 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 (.2 %). 3. A minimum eight -foot (8') high block wall, measured from the highest adja- cent grade, shall be constructed along the south and west property lines. A retaining wall per City standards shall be constructed at the property line where the 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 otherwide below standard, shall be removed and replaced to the satisfaction of the City Engineer. S. Ball Road and Moody Street shall be fully improved with full width sidewalk, driveway, driveway closures, public utility modification, etc., in accordance with City standards. 6. The quantity, location, width, and the type of driveways shall be subject to the approval of the City Engineer. 7. 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. 8. Street trees (15 gallon) forty feet (40') on center shall be installed in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required by the City's street tree ordinance. 9. Fees required for improvements are as follows: Final subdivision map filing fee (per Resolution 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). . Advanced street light energy charges shall be paid for a one -year period. 189 - 2 • Grading permit fee (per Resolution 2964). • All applicable Building Department fees. 10. All requirements of the Orange County Fire Marshal's Office shall be com- plied with prior to a Certificate of Occupancy being issued. 11. The applicant shall satisfy all necessary requirements of the State Depart- ment of Alcoholic Beverage Control prior to Conditional Use Permit No. 87 -14 becoming effective. 12. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 13. Architectural elevations and site plans shall be checked for approval by the Planning Department prior to Building Department plan check submittal. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be sub- mitted to City staff for review and approval prior to actually painting the structure. 14. 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. 15. 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 any defects in plant materials and workmanship. 16. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 17. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 18. 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. 19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 20. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 19 3 21. 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. 22. The rear access door to the business premises facing 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. 23. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 24. Parking for the handicapped shall be provided in accordance with State requirements. 25. The City Council shall maintain the right to review the mini- market'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. 26. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department.