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Resolution No. 2552RESOLUTION NO. 2552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 79-14 - 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 an amendment to a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to expand the existing Paving Contractor's Equipment Storage Yard at 5312 Cypress Street on to the adjacent parcel of land at 5300 Cypress Street. 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 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. 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 storage yard will be improved with screen walls and landscaped to prohibit the view of the internal yard area from Cypress Street and the City's maintenance yard. (2) The property has adequate frontage and area to accommodate the parking of contractor equipment without having a detrimental effect upon the surrounding community. Cypress Street will be fully improved with curb, gutter and sidewalk to accommodate any increase in anticipated traffic resulting from this Contractor's Storage Yard. 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 amendment to 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 23rd day of August 1982. (3) ATTEST: i . CITY CLERIC �Of )-THE-CITY OFt CYPRESS MAYOR OF THE CITY OF CYPRESS 069 070 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 23rd day of August 1982, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Partin, Rowan, and Mullen NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None /1»)11{y+/ ,((�/// CITY CLERK OF THE /CITY' CYPRESS 2 071 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 79-14 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 signed by a registered engineer and using actual grades from an Orange County surveyor's benchmark, shall be submitted for approval. A topograph of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing flow of the adjoining parcel to the south is across the land of this development, a drainage easement shall be granted and recorded with the County and drainage facilities provided to the satisfaction of the City Engineer. 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 (.2%). 3. The entire lot shall be paved with a section satisfactory to the City Engineer. 4. A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the west and north property lines. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). 5. A landscape and irrigation plan incorporating an automatic system shall be submitted for approval by the City and a bond posted by the appli- cant to guarantee against any defects in plant materials and workman- ship. 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. A minimum of three 15 gallon size street trees with shrubbery and ground cover shall be planted in the landscape area subject to Planning Department review and approval. 6. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 7. The property access gate shall be constructed of a solid screening material to prohibit view of the storage yard interior. `072 8. Cypress Street shall be fully improved with five foot (5') wide sidewalk, driveway, etc., in accordance with the Master Plan of Streets and Highways. 9. 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 Cypress Street. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. 10. 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. 11. The underwalk drain at 5300 Cypress Street property shall be cleaned of all mud, sludge and debris. The existing sidewalk west of drive approach shall be removed and replaced due to settlement and two existing pull boxes shall have new concrete covers installed. 12. Developer shall provide the City with a Certificate of Insurance evidencing a comprehensive liability insurance policy(s) with a com- bined 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 cancel- lation notice to the City of Cypress. 13. A minimum six foot (6') high concrete block wall, measured from the highest adjacent grade, shall be constructed along the north property line to match the existing block wall. 14. Fees required for improvements are as follows: . Engineering plan checking and inspection fee. . Drainage fee for Master Drainage Plan. . Grading permit fee (per Section 7007 of the Uniform Building Code). 15. All conditions of approval for this conditional use permit shall be complied with prior to any storage of contracting equipment or utili- zation of the subject property for business purposes. 16. All existing applicable conditions of Conditional Use Permit No. 79-14 shall be retained.