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Resolution No. 316844U RESOLUTION NO. 3168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -31 - 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 an automotive services and repair /retail center located at 6612 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 as an area for the location of retail and wholesale commercial activities. 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) Conditions of approval have been required which address potential negative impacts associated with the project. (2) Construction of the proposed use will result in the elimination of an illegal truck storage yard currently located on the property. (3) The architectural style of the proposed use is compatible with commercial uses in the area. (4) Design of the project was prepared in a manner to best mitigate any potential impacts on surround- ing properties. 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 24th day of November 1986. MAYO ATTEST: CITY CLERK OF THE CITY OF CYPRESS F THE CITY 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 24th day of November 1986, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None i • 7* *�; CITY CLERK OF HE CI . OF CYPRESS 447 448 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 86 -31 1. The developer shall conform to all applicable provisions of the City Code. Reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of the drive approach on Valley View Street. 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 adjacent grade, shall be constructed along the east property line. A retaining wall per City standards shall be constructed at any property line where the grade difference is greater than twelve inches (12 "). Protective devices shall be installed or incorporated into the design of the auto center buildings to protect the walls from vehicular traffic damage. Said devices shall be approved by the Design Review Committee. 4. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed along the rear service drive per California Vehicle Code No. 22658, to the satisfaction of the City Engineer, Building Official, and County Fire Marshal. Onsite traffic circulation shall be subject to the approval of the City Engineer. Truck turning radii for the "S" curve at the northeast corner of Building C shall be submitted to the City Engineer for approval. 5. 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. 6. Parking for the handicapped shall be provided in accordance with State requirements. Handicap parking shall be provided immediately adjacent to Buildings A, B and C. 7. All employees on the property shall park their vehicles in marked spaces at the south and east property lines of Building C. 8. Vehicles which have been serviced or repaired shall be parked in spaces along the south and east property lines during normal business hours. Vehicles shall not be stored outside a building after normal business hours. 9. The twenty -foot (20') setback area behind Building B shall be secured by a minimum six -foot (6') high chain link fence and gate at the southeast corner of Building A. No doors or other means of access shall be allowed into the twenty -foot (20') setback area from the inside of Building B. 449 - 2 - • 10. 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. 11. Cerritos Avenue shall be fully improved with driveway, driveway closure, street lights, etc., in accordance with City standards. 12. Structural sections for the drive and parking areas shall be based on the recommendation and soils report prepared by an engineering firm acceptable to the City Engineer, with structural sections to be determined by using an applicable T.I. (Traffic Index) but shall be not less than three inches (3 ") A.C. over four inches (4 ") A.B. 13. The owner shall dedicate an additional eight feet (8') of public right - of -way on Valley View Street for a future ten -foot (10') wide right -turn only lane. At the time the corner service station parcel is redeveloped, eight feet (8') of additional right -of -way shall be dedicated and the ten -foot (10') wide right -turn only lane shall be installed. 14. The location, width, and the type of driveways, including the joint -use driveway on Valley View Street, shall be subject to the approval of the City Engineer. 15. All secondary and primary utility services shall be underground. Utility services on power poles on Cerritos Avenue shall be installed underground, except that the City Engineer may waive the undergrounding of existing electrical lines on Cerritos Avenue after review of pertinent design and cost data in a feasibility report to be submitted by the Edison Company and the developer. 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. 16. Street trees (15 gallons) 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. The type of trees shall be as required by the City's street tree ordinance. 17. A sewer plan shall be submitted for approval by the City Engineer. 18. 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 SO to 1 approach surface will require approval by the FAA. 19. 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 $1 million 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. 450 - 3 - 20. Fees required for improvements are as follows: • Engineering plan checking and inspection fee (per Resolution 2964). Drainage fee for Master Drainage Plan (per Resolution 2287) for Walker Street storm drain reimbursement. . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). Advance street light energy charges shall be paid for a one year period. Grading permit fee (per Resolution 2964). All applicable Building Department fees. 21. All requirements of the Orange County Fire Marshal's Office shall be com- plied with prior to a Certificate of Occupancy being issued. 22. Fire hydrants shall be placed onsite as required by the Orange County Fire Department. Public and onsite fire hydrants shall be operational prior to combustible construction. 23. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 24. All automotive services and repair shall be conducted entirely within a building. 25. No automotive body repair or salvage shall be permitted onsite. 26. 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. 27. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 28. 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. 29. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 30. The business hours of operation in relation to automotive service and repair shall be limited from 7:30 a.m. to 7 p.m. daily. 31. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 451 - 4 - 32. 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. 33. The transformer boxes and water valves shall be shown on the landscape and irrigation plan in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. 34. Sight obscuring vegetation which is capable of growing to a height of seven feet (7') within two (2) years shall be shown on the landscape and irrigation plan in locations along the south property as acceptable to the Planning Director. 35. Onsite lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 36. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. Trash enclosures shall be located at least twenty feet (20') from any parcel of land containing residential uses. 37. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 38. 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. 39. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 40. Automotive service bays shall not occupy greater than fifty percent (50 %) of the combined gross floor area of Buildings A and B. Prior to issuance of a Certificate of Occupancy, the applicant shall demonstrate an appropri- ate mix of automotive repair and retail uses to the satisfaction of the Planning Director. 41. Conditions Nos. 7, 8, 23, 24, 25, 27, 30 and 35 shall be made part of any lease agreement affecting the subject parcel and shall bind both the lessor and the lessee. 42. Air compressors and similar equipment used for automotive repair and services shall be housed entirely within a building. 43. All roof mounted equipment and screening shall be compatible with the exist- ing architectural style to the satisfaction of the Planning Director. (.� -5 - 44. A minimum six -foot (6') high block wall, measured from the highest adjacent grade, shall be maintained along the southerly property line. Twenty -four. inch (24 ") box Cypressocyparis Leylandii, seven -foot (7') on center, shall be planted along the wall for screening purposes. To ensure adequate screen- ing, the Cypressocyparis Leylandii shall be interspersed with existing vegetation on the property to the adjacent south. 45. Should substantiated complaints be received regarding noise from the subject property, the City Council may, at its discretion, call a public hearing to review the conditional use permit and add additional conditions, modify, or rescind the conditional use permit.