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Resolution No. 2843120 RESOLUTION NO. 2843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84 -23 - 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 - warehouse storage facility with a caretaker's apartment in conjunction with a small commercial center located at 4664 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: Commercial Heavy Zone To provide appropriately located areas for establishments 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. Lincoln Avenue Combining (Overlay Zone) To promote a revitalization of the Commercial areas on Lincoln Avenue and thereby enhance the economic base of the City. To improve the image of the City by providing an aestheti- cally pleasing environment along Lincoln Avenue. To expand opportunities for the development of identified deep lots by providing a means for the establishment of a variety of urban uses in conjunction with commercial projects. 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 City Council shall maintain ongoing jurisdiction over the hours of operation of the mini - warehouse storage facility and commercial center with the right to review or limit the hours of operation should these uses become detrimental to surrounding businesses or properties. (2) Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. (3) The design and configuration of the structures shall mitigate any noise problems or impacts on privacy. 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 9th day of October 1984. MAYOR OF THE CITY OF CYPRESS 121 ATTEST: TC‘E6CI OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 9th day of October 1984, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Lacayo, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado R�CITY CLERK OF CITY k7F CYPRESS 122 EXHIBIT "A" PARCEL MAP NO. 84 -1180 and CONDITIONAL USE PERMIT NO. 84 -23 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 Subdivision Ordinance and Zoning Ordinance shall be satisfied. A fifteen -foot (15') wide easement along the west property line shall be granted in favor of the City, and properties to the west and south for roadway and public utility purposes. 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 sub- mitted for approval. A topograph of the area surrounding this develop- ment 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. All onsite drainage conveyed to the street shall be by means of an underside - walk 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 six -foot (6') high block wall, measured from the highest adjacent grade, shall be maintained along the east property line. 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 per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls and structures exposed to vehicular traffic. 4. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Build- ing Department standards. 5. 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 resi- dentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff. 6. Lincoln Avenue shall be fully improved with curb, gutter, six -foot (6') wide sidewalk, driveway, etc., in accordance with the Master Plan of Streets and Highways. - 2 - 123 7. Parking lot and driveway structural sections shall be based on the recommendation and soils report required by the Building Department. 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. 8. The quantity, location, width, and the type of driveway shall be sub- ject 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. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the develop- ment at all driveway intersections to the satisfaction of the City Engineer. The two most northerly parking spaces along the east property line shall be eliminated and replaced with a landscape planter. 9. 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. 10. One 22,000 HPS street light shall be installed per City Standards. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 11. Street trees (15 gallon) forty feet (40') on center shall be installed along streets in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan and the City's Street Tree Ordinance. 12. Sewer laterals connecting existing structures at this property 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 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 certifi- cate shall have a thirty (30) day cancellation notice to the City of Cypress. 14. All requirements of the Orange County Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 124 - 3 15. Onsite hydrants will be required. Water improvement plans shall be approved by the Fire Chief for fire protection. 16. Prior to the completion of an application for a building permit for combustible construction, evidence that a water supply for fire pro- tection is available shall be submitted to the Fire Chief. 17. A comprehensive sign program for both building and freestanding monu- ment signs shall be submitted for Planning Department approval prior to any signing installation. 18. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 19. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 20. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 21. A detailed landscape and 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 and an offsite landscape and irrigation system shall be installed and maintained by the developer. 22. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 23. Parking for the handicapped shall be provided in accordance with State requirements. 24. No business shall be conducted at or operated from a mini - warehouse storage unit. 25. Fees required for improvements are as follows: . Final subdivision map filing fee (per Resolution No. 1713). . Engineering plan checking and inspection fee (per Resolution No. 1713). . Drainage fee for Master Drainage Plan (per Resolution No. 2287). . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). . Advanced street light energy charges shall be paid for a one -year period. . Grading permit fee (per Section 7007 Uniform Building Code). . All applicable Building Department fees. 125 - 4 26. The Cypress City Council shall maintain ongoing jurisdiction over the hours of operation of the mini - warehouse storage facility and com- mercial center with the right to review or limit the hours of operation should these uses become detrimental to surrounding businesses or properties.