Resolution No. 3339333
RESOLUTION NO. 3339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 87 -34 -
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 14,000 square foot food park, with retail uses
in a small portion of the building. This site is located at the southwest
corner of Valley View Street and Cerritos 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:
Intended to result in a development with a general light
industrial /office /retail character which complements
surrounding, existing and planned land uses. Regulations
provide an appropriate amount of flexibility to anticipate
future conditions and to properly integrate a mixture of light
industrial /office and support commercial land uses.
Principal land uses for the Business Park classification shall
be limited to light industrial, office, and support commercial
uses on the project site. The locations of these land uses on
the project site will depend upon the needs of the future
developer(s) of the property.
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 project is consistent with the existing
Specific Plan and Development Agreement.
(2) The project meets all development standards of the City of
Cypress.
(3) The design of the project is consistent with the quality
required for the Cypress Business Park.
(4) The proposed use will bring sales tax revenues into the
City of Cypress.
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 attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 11th day of January 1988.
4MAY OF THE CITY OF CYPRESS
33PRTEST:
/I
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CITY CLERK
THE 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 11th day of January 1988, by the following roll
call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Davis, Mullen and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Kanel
CITY CLERK OF THE CIT OF CYPRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 87 -34
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of
the City Code.
2. All applicable conditions of Design Review Committee Nos.
86 -39 thru 86 -41 shall be completed prior to issuance of
Certificate of Occupancy for subject buildings.
3. Prior to separate ownership of parcels, a parcel map shall
be recorded, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and
maintenance of drive approaches, drainage, onsite parking,
irrigation system, etc.
4. 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. In parking areas, A.C. shall have a
minimum slope gradient of two percent (2 %), and concrete
shall have a minimum slope gradient of two- tenths percent
(.2%).
5. Wheelchair and handicapped access facilities shall be
installed in accordance with State of California and City of
Cypress Public Works Department standards.
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. Cerritos Avenue and Valley View Street shall be fully
improved with driveway, etc., in accordance with City
standards.
8. The quantity, location, width, and type of driveways shall
be subject to the approval 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 or hardscape in
excess of three feet (3') high will be allowed in the area
of the curb returns or within the corner cutoff area at the
corner of Valley View Street and Cerritos Avenue. Adequate
sight distance also shall be maintained within the
development at all driveway intersections, to the
satisfaction of the City Engineer.
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9. The drive approach on Cerritos Avenue shall be restricted to
right -turn in /right -turn out by means of a raised island in
the drive approach, to the satisfaction of the City
Engineer.
10. All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110. 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.
11. Transportation Systems Management (TSM) measures shall be
encouraged for all developments in the Business Park.
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.
The developer waives for himself, his successors and
assigns, the right to protest the formation of an assessment
district, major thoroughfare benefits district or other
financing district deemed necessary or appropriate by the
City to facilitate the imposition and collection of traffic
impact mitigation improvement fees or otherwise finance the
construction of the traffic impact mitigation improvements.
Such improvements shall include, but not be limited to,
arterial street widenings, traffic signal system
modifications, grade separation structures or other major
intersection improvements.
In the event that the formation of an assessment district,
major thoroughfare benefit district or other financing
district as contemplated above does occur, the assessment
shall, at the City's discretion, be prorata within
assessment /benefit area (area of benefit and method of
spreading the assessment to be determined by the City at its
discretion), less commercial /retail areas. The area of
benefit and method of spreading the assessment' will be
determined by the City at its discretion and in accordance
with applicable laws and regulations.
12. Street trees (15 gallon) forty feet (40') on center shall be
installed in conformance to the street tree policy of the
Public Works Department and shall be incorporated with the
onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance.
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13. The developer shall comply with all requirements of the FAA
should any portion of the development encroach within the
100 to 1 imaginary surface surrounding the Los Alamitos Air
Base. Encroachment within the 50 to 1 approach surface will
require approval by the FAA.
14. All driveway aisles shall be twenty -four feet (24') wide.
15. The applicant /developer shall submit to the Cypress Planning
Department written approval from the Orange County Flood
Control District to develop the Bolsa Chica Channel.
16. Doors shall not prohibit clear visibility of the rear
service lane. The service lane area shall be illuminated at
night.
17. All applicable provisions of the '85 Uniform Building,
Mechanical and Plumbing Codes, 1984 National Electrical
Code, Title 24 Energy and Handicapped Accessibility
Standards must be met.
18. Water improvement plans shall be approved by the Fire Chief
for fire protection. This includes system design and fire
hydrant distribution.
19. Prior to the issuance of any building permits for
combustible construction, evidence that operational fire
hydrants are in and available shall be submitted to and
approved by the Fire Chief.
20. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
21. 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.
22. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff.
23. The trash enclosures that are located adjacent to Valley
View Street and Cerritos Avenue shall be relocated to the
parking lot areas. The new location is subject to approval
by the Planning Department.
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24. 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.
25. Compact parking space aisles shall be denoted as such on the
asphalt as "Compact Only."
26. 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.
27. 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.
28. 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 and shall
be indicated on the landscape plans.
29. 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.
30. 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.
31. Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic.
32. 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.
33. Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to Building
Department plan check submittal.
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34. 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.
35. Utilities shall not be released until all conditions of
approval have been met, to the satisfaction of the Planning
Department.
36. The applicant shall obtain a Cypress business license prior
to commencement of the business operation.
37. Prior to the issuance of building permits for any habitable
building proposed for construction within 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.
38. Park benches or landscape planters with benches shall be
installed in the sidewalk area on the south and west of the
building. Location and design of benches shall be approved
by the Planning Department prior to the issuance of a
building permit.
39. Conditions, covenants and restrictions (C,C & Rs) shall be
written by the applicant and approved by the Planning
Department stipulating that tables and chairs shall not be
permitted on the south and west of the building.
40. Fees required for improvements are as follows:
Engineering plan check and inspection fee (per Resolution
2964) .
Traffic impact mitigation fee (per Resolution 3283).
Sanitary sewer connection fee (per Orange County
Sanitation District No. 3, Resolution 307).
Grading plan check and permit (per Resolutions 2964 and
3269) .
All applicable Building Department fees.
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