Loading...
Resolution No. 3074186 RESOLUTION NO. 3074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -10 - 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 mini- market with offsale beer and wine, and two gasoline pump islands under a single canopy at 5012 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: To provide appropriately located areas for establish- ments 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. 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 use. Additionally, approval of this conditional use permit will result in needed onsite and offsite property improvements. (2) Establishment of a mini- market, including the offsite sale of alcohol and beer and wine, should not produce an adverse impact on the surrounding community since the City Council has maintained the option of regulating the business hours of operation. (3) Any employee involved with the sale of beer and wine at the subject property is required to be a minimum of 21 years of age. This condition is an added precaution taken to insure that the public health, safety and welfare of the properties in the vicinity will be protected. (4) Display of advertisements encouraging the consumption of beer and wine have been restricted as per con- dition No. 35. (5) Cold beer or wine having a temperature below 65° Fahrenheit shall only be sold from or displayed in permanently affixed coolers for the cooling and storage of all refrigerated products. (6) To discourage the congregation of children in a facility: where beer and wine are sold, video or electronic games have been prohibited on the site. 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 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 April 1986. ATTEST: CITY 'CLE [YF 't'L 2, CITY F CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS M 0' OFi' E C OF CYPRESS 1, 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 14th day of April 1986, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Partin NOES: 2 COUNCIL MEMBERS: Coronado and Lacayo ABSENT: O COUNCIL MEMBERS: None CITY CLERK 01 THE CITN'OF CYPRESS 187 188 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 86 -10 1. The applicant /developer shall comply with all applicable provisions of the City Code. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on mylar, signed by a registered engineer and using actual grades from an Orange County surveyor's benchmark, shall be submitted for approval. The onsite AC paving shall be constructed and /or repaired and resurfaced 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 percent (.2%). 3. A minimum six -foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the southerly and northerly portionsof the east property lines. A retaining wall per City standards shall be constructed or maintained at the property lines where the grade difference is greater than twelve inches (12 "). 4. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, p11, salinity, sodium status, and boron saturation extract. 5. Wheelchair and handicap access facilities shall be installed onsite and offsitc in accordance with State of California and City of Cypress Building Department standards. 6. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the 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 satis- faction of the City staff. 7. Moody street shall be dedicated and fully improved with curb, gutter, sidewalk, wheelchair ramp, driveway, paving, utility relocation, etc., in accordance with the Master Plan of Streets and Highways. A street improvement plan in accordance with City standards shall be submitted for approval. The above plan shall include plan, profile, and cross sections. Moody Street shall have a total right -of -way width of fifty feet (50'). Curb return at the intersection of Moody Street and Lincoln Avenue shall have a radius of thirty -five feet (35'). The corner cutoff shall be dedicated to the City of Cypress for roadway purposes. 189 - 2 - 8. All existing public improvements at the development site which are damaged, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 9. The quantity, location, width, and the type of driveway 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 Lincoln Avenue and Moody Street. Landscaping in excess of three feet (3') high will not be allowed in the area of the curb returns. 10. All secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1 ") minimum thickness asphalt concrete cap from curb to curb if it is necessary to open cut the street in more than one place. Any open cut shall be backfilled per City of Cypress Standard No. 110. 11. Street lights shall be installed per City standards. 12. Existing sewer laterals, if abandoned, shall be plugged at the property line. 13. Developer 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 con - nection with the work performed. Certificate shall include the City as additional insured. Policy shall include the City, its Council, officers, members of boards or commissions and employees are hereby declared to be 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 he 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. 14. Applicant shall contact Orange County Health Care Agency for new tank installation requirements. 15. Applicant must meet the requirements of the Uniform lire Code Article 79 for flammable liquids. 16. A fire permit is required to remove the old tanks. Contact the Fire Prevention Bureau at (213) 431 -5193. 17. All requirements of the Orange County Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 18. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 19. 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. 1 - 3 - 20. 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. 21. 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. 22. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 23. The City Council shall maintain the right to review the business's hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints be received that the business hours arc creating an adverse impact upon neighboring properties. 24. Parking for the handicapped shall be provided in accordance with State requirements. 25. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 26. Revised architectural elevation shall be reviewed and approved by staff prior to issuance of a building permit. 27. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 28. 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. 29. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 86 -10 becoming effective. 30. The rear access door to the business premises facing the alleyway and residential development shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. 31. All requirements of the Orange County Fire Marshall'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 of Conditional Use Permit No. 86 -10 have been met. 191 - 4 - 33. Fees required for improvements are as follows: . Engineering plan checking and inspection fee (per Resolution 1713). . 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. . Grading permit fee. . Compaction tests. . All applicable Building Department fees.