Loading...
HomeMy WebLinkAboutResolution No. 3301215 RESOLUTION NO. 3301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87 -18 - WITH CONDITIONS WHEREAS, 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 permit the construc- tion of an approximately 28,850 square foot retail shopping center and drive - through restaurant. The subject property is located at the northwest corner of Katella Avenue and Meridian Drive. WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on said Application as provided by law. NOW, THEREFORE, the City Council of the City of Cypress hereby finds, resolves, determines and orders the following: 1. 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: A. To encourage the establishment of compatible indus- tries in areas where it is deemed desirable to provide for limited manufacturing facilities and to establish standards of design and type of use which will enhance the area, be in harmony with the objectives of the General Plan and minimize detri- mental effects to the public health, safety and welfare. B. To designate an area for modern industrial and research developments and commercial uses that can meet high performance and development standards, while benefiting the community through growth, prosperity and providing an increasing supply of citizen employment and services. C. To allow diversification of specified land uses as they relate to each other in a physical and environ- mental arrangement, while insuring substantial compliance with the overall goals of the City as identified in the various elements of the General Plan. 2. 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: A. This project should not create a substantially adverse physical change within the affected area, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. B. The proposed land use is consistent with the Zoning Ordinance, subject to a conditional use permit. C. Public services and utilities in the area are adequate to handle the proposed facility. D. The potential traffic and circulation problems have been addressed and mitigated. 216 E. Orientation of the proposed structures has been determined with the consideration of adjacent uses and the compatibility of these uses. NOW, THEREFORE, BE IT FURTHER RESOLVED that 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 14th day of September 1987. ATTEST: / CITY C E'K i THE C TY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE Mayor Pro Tem MAYOR OF THE CITY OF CYPRESS 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 on the 14th day of September, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Coronado, Mullen and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Kanel CITY CLERK OF THE'CITY OF CYPRESS 2 217 CYPRESS PLANNING DEPARTMENT EXHIBIT "A" CONDITIONS OF APPROVAL The following conditions are recommended for Project: Conditional Use Permit No. 87 -18 Located at: NW Corner of Katella Avenue and Meridian Drive ON -SITE IMPROVEMENT REQUIREMENTS 1. The developer shall conform to all applicable provisions of the City code. 2. Draining 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 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. 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 (.2 %). 3 A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all walls and structures exposed to vehicular traffic. 4. Wheelchair and handicapped access facilities shall be installed on -site and off -site in accordance with State of California and City of Cypress Public Works Department standards. PUBLIC IMPROVEMENT REQUIREMENTS 5. 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. 6. Katella Avenue, International Avenue, and Meridian Drive shall be fully improved with driveway, etc., in accordance with City standards. 213 7. The quantity, location, width, and the type of driveways shall be subject to the approval of the City Engineer. The driveway on Katella Avenue shall allow exit only to Katella Avenue and shall be designed and signed to the satisfaction of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with adjacent streets. No landscaping in excess of three feet high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development of all driveway intersections to the satisfaction of the City Engineer. 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. Iri City streets lateral open cuts spaced within 20' of each other shall be covered with a 1" continuous A.C. cap. 9. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. A transportation management action plan is now being prepared by the City. The developer shall participate in the TSM plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The Developer shall participate in these programs on an equivalent basis with all other city - designated participants within the Business Park. 10. Street trees (15 gal.) forty feet on center shall be installed in conformance to the street tree policy of the Public Works Department and shall be incorporated with the on -site landscape plan. The type of trees shall be as required by the City's street tree ordinance. Landscaping in public right of way shall be maintained by the developer. 11 A sewer plan shall be submitted for approval by the City Engineer. 12 At least thirty (30) days prior to the issuance of building permits for any structure penetrating the 100:1 imaginary surface, the project proponent shall submit FAA Form 7460 -1, "Notice of Proposed Construction or Alteration" to the Chief, Air Traffic Division of the appropriate FAA regional office. The project applicant will comply with all appropriate FAA standards and requirements. The findings of the FAA will be transmitted to the City of Cypress prior to the application for business permits. 13. One parking space at the southerly end of the project shall be designated for vehicular turn - around and shall be located, signed and marked to the satisfaction of the City Engineer. 2 219 14. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 15. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 16. A comprehensive sign program for both building and freestanding monument signs shall be submitted for approval by the City Council 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. 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 residentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 19. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 20. 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. 21. All applicable conditions of Parcel Map No. 84 -1133 shall be complied with prior to occupancy of the subject building. 22. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 23. 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. 24. The developer shall provide an adequate number of trash enclosures on -site and at a location approved in writing by the Planning Director. 25. Architectural elevations and site plans shall be reviewed and approved by the City Council prior to Building Depart.mernt plan check submittal. 3 220 26. The intercom speaker box for the drive - through restaurant shall be located and equipped with a noise attenuation device to the satisfaction of the City staff, so that noise shall not be directed toward adjoining businesses and properties. 27. 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. 28. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Army Airfield. 29. The transformer boxes and water valves shall be placed in locations approved in writing by the Planning Director and shall be adequately screened from view with plant materials. The location of all exterior ,transformer boxes and water valves shall be shown on the detailed landscape plan. 30. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to the City Council for review and approval prior to actually painting the structure. 31. 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. 32. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 33. The Cypress business licenses shall be obtained prior to commencement of any business operations. 34. Prior to the issuance of building permits for any habitable building proposed for construction with the 60 CNEL contour from the Los Alamitos Army Airfield, the project proponent shall submit to the City of Cypress an acoustical analysis report. The report shall describe the acoustical design features of the structures required to satisfy the Airport Environs Land Use Plan and State interior noise standards along with evidence that the sound attenuation measures specified in the report have been incorporated with the design of the project. 35. The applicant /developer shall comply with all provisions of the City Code. 4 221 36. Required landscape areas adjacent to the street shall be mounded with 3:1 landscape berms to the satisfaction of the Planning Director. 37. Twenty -four inch (24 ") box Cypress Lleyandii trees shall be planted seven foot (7') on- center to the satisfaction of the Planning Director to provide a visual buffer from the adjacent property. 38. The decorative tile trim along the walls of the drive - through restaurant shall be extended along the south elevation of the building. 39. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: 1. Engineering plan checking & inspection fee. (Per Resolution 2964) 2. Sanitary sewer connection fee (Per Orange County Sanitation District, No. 3, Resolution No. 303). 3. Grading Permit Fee (Pet Resolution No. 2964). 4. All applicable building department fees. 5