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Resolution No. 279234 RESOLUTION NO. 2792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-15 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 and operate an automotive lube and oil change service business in the parking lot at 6381 Ball Road. 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 con- ditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materi- ally injurious to properties or improvements in the vicinity in that: (1) The proposed building is designed with depressed work areas, thereby discouraging the business to be conducted outside. (2) Adequate off-street parking should be available to accommodate the potential traffic which will be generated by this use. 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 in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the llth day of June 1984. ATTEST: CITY CLERKO �, CI OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 held on the 11th day of June 1984, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Mullen & Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE TY OF CYPRESS 35 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 84-15 1. The developer shall conform to 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 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 develop- ment shall be made to establish existing drainage flow patterns. If the existing natural flow of this development is across the land of an adjoin- ing parcel, a private drainage easement shall be granted. 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 north property line. The above wall shall be repaired per City standards and its easterly fifteen -foot (15') (per code) shall be reduced in height to three feet (3') maximum. Written permission of the owner of the wall for the above work shall be obtained and filed with the City Engineer prior to issuance of permits. A retain- ing wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). 4. The planter along the north property line shall be constructed and land- scaped and shall be a minimum five-foot (5') wide including that portion west of Holder Street. The planters along Holder Street and adjacent to the building shall be constructed and landscaped. 5. 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, pH, salinity, sodium status, and boron saturation extract. 6. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Division standards. 7. 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. 36 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 two drive approaches on Holder Street shall be constructed per City standards. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Holder Street. 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 development at all driveway intersections to the satisfaction of the City Engineer. 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. Holder Street in front of this property shall be improved with full width sidewalk. Tree wells per City standards shall be constructed around the two most southerly street trees on Holder Street and these trees shall be protected in place. 12. A comprehensive sign program shall be submitted for Planning Department approval prior to any signing installation. 13. The final exterior building materials and color schemes shall match that of Buildings "A" and "B" as approved by the Design Review Committee on March 27, 1984. 14. All requirements of the Orange County Fire Marshal's Office shall be satisfied prior to occupancy of the subject building. 15. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 16. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 17. All exterior mechanical equipment, such as heating and air conditioning compressors, shall be adequately screened from adjoining property view and insulated so that they are not audible beyond the subject property lines. 18. The applicant shall provide for the adequate removal of trash and refuse from the site subject to Planning Department approval. The applicant shall submit a revised site plan, and shall receive City staff approval, detailing the trash enclosure's location. 19. The Oil Store's hours of operation shall be limited to 8 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. City Council shall retain the right to modify these hours of operation upon formal review should complaints be received concerning excessive noise or conduct resulting from The Oil Store's activities. 37 20. The Oil Store is specifically prohibited from any automotive repair or servicing other than oil changes, lube and service inspections of transmission, power steering and brake fluids. 21. The Oil Store is specifically prohibited from allowing the overnight parking or storage of any vehicle on the site. 22. 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 certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 23. The parking and circulation configuration at the southeasterly portion of Building "A" is unacceptable and subject to City staff review and approval. The property owner shall revise said parking and circulation plan subject to City staff approval. 24. Fees required for improvements are as follows: a. Engineering plan checking and inspection fee (per Resolution 1713). b. Drainage fee for Master Drainage Plan (per Resolution 2287). c. Sanitary sewer connection fee (per Orange County Sanitation District, No. 3, Resolution No. 303). d. All applicable Building Department fees.