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Resolution No. 184210 RESOLUTION NO. 1842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 77-1 - 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 provide for the establishment of a 20 -lot residential subdivision project to the rear of a proposed commercialdevelopment generally located at southwest corner of Valley View Street and Orange 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 zones in which the site is located in is: To provide appropriately located areas for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area; and To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent withthe General Plan and with sound standards of public health, safety and welfare. 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: The commercial portion of the project will be designed in such a way as to maximize compatibility with adjacent land uses including setbacks and landscaping requirements to screen the commercial areas from adjacent non-commercial uses and the residential portion of the project will be used as a "buffer" between the proposed commercial and nearby pre-existing residen- tial development. 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 RECOMMEND APPROVAL of 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 28th day of March, 1977. �-_ 9 MAYOR OF THE 'CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS 11 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 28th day of March, 1977, by the following roll -call vote: AYES: 3 COUNCILMEN: Harvey, Hudson and MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju ABSTAINED: 1 COUNCILMEN: Lacayo /i/ wi //:=14*_ CITY CIERK OF THE F CYPRESS 2 12 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 77-1 1 Prior to first inspection (footings) on the residential portion of this project, foundations shall be poured and completed for the commercial portion with respect to building "A" as designated on the plot plans submitted with the request and as reviewed and approved by the Planning Commission. 2. Development of the subject property shall be in general conformance with the plot plans and elevations submitted with this request and as reviewed and approved by the Planning Commission. Any deviations from the plot plans and elevations submitted with this request shall be subject to review and approval by the Planning Commission. 3. Prior to the issuance of a Building Permit, precise plans and elevations of the residential portion of this project shall be submitted for review and approval by the Planning Commission and a final subdivision map shall be approved by the City and recorded at the County Recorder's Office, legally establishing the lots necessary for implementation of this project, 4. A preliminary soils report and complete grading plan including topographic and street improvement plans shall be submitted for review and approval by the Building and Engineering Departments. S. All on-site drainage shall be conveyed to the street by means of an undersidewalk drain, per City of Cypress standards and solved to the satisfaction of the City Engineer, 6. All secondary and primary utility services shall be underground. 7. Advance street light energy charges shall be paid. 8. All construction shall conform to the requirements of the Building Code and the requirements of Fire Zone 2. 9. Handicapped parking stalls and building access ramps for wheelchairs shall be installed in accordance with State of California specifications, 10. No open cuts shall be allowed on Orange Avenue or Valley View Street, All utility connections on these streets shall be accomplished by boring underneath the pavement. 11. The existing sidewalk on Valley View Street shall be widened to eight feet (8') except adjacent to proposed Building "C" where the width shall be six feet (6'), 12, Street signs shall be posted at or near the southwest corner of Building "A" stating "One Way" and "Do Not Enter", 13, Necessary on-site commercial and residential fire hydrants with required flow shall be installed in accordance with the Orange County fire Marshal and City standards. 13 14, A master plan of sewers shall be submitted for approval by the City Engineer with plan check and inspection by the City's Engineering Division, subject to plan checking and inspection fees. 15. The sanitary sewer connection fee shall be paid by the developer in accordance with Orange County Sani- tation District No. 3, Resolution No. 303. 16, Curbs shall be marked for location of sewer laterals. 17. Plan check and inspection fees shall be paid in accor- dance with City of Cypress Resolution No. 1713. 18. A developer's license fee of $50.00 per unit shall be paid at the time building permits are issued. 19. The precise landscape plan for the commercial develop- ment shall be reviewed and approved by the Planning Commission prior to installation, Landscape and irri- gation systems shall be completed prior to any occu- pancy permits being issued. 20. Street trees (15 gallon) forty feet (40') on center shall he installed along Valley View Street and Orange Avenue in conformance with 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. 21. Soil in planting areas, including trees, shall be tested by a qualified agricultural laboratory to deter- mine the organic and chemical amendments for optimum growth for the plants specified. The test results shall include concentration of nitrogen, phosphorus, ]otassium, pH, salinity, sodium status and boron saturation extract. Results of these tests with rec- ommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date, 22. A continuous physical barrier (i.e. 6" high concrete curb) shall be constructed at a minimum distance of five feet (5') from the base of the block wall separating the residential from the commercial devel- opment, and two feet (2') from the base of the fence to the south of this development. Planting shall be installed in the area between the block wall and the curb, subject to approval of the landscape plans by the Planning Commission. 23. A bond shall be posted by the applicant to guarantee maintenance of the irrigation system so that it operates in the manner for which it was designed, and to guaran- tee maintenance of all plant materials in a healthy, growing condition, free of weeds and litter, for a period of not less than twelve (12) months, to the specifications of the City staff, 24. An effective sight distance for vehicular traffic shall be maintained at the intersection of the drive- way entrances with Valley View Street and Orange Avenue. No landscaping 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. 14 25. The quantity, location and type of driveway openings shall be subject to the approval of the City Engineer. A11 driveway widths shall be thirty-five feet (35'). 26. Parking lot circulation shall be subject to the approval of the City Engineer. 27. Wheelchair and handicap access facilities shall be installed on-site and off-site in accordance with State of California and City of Cypress Building Department standards. 28. In accordance with the suggestions within the Envir- onmental Impact Report, the Planning Commission shall determine the extent of the buffer between the com- mercial and residential developments, including the restriction of single -story construction on the ten easterly residential lots, building insulation or extensive landscaping as the Commission deems necessary to mitigate any possible adverse environmental effects. 29. A minimum six-foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the northerly, easterly and southerly tract boundary, The wall shall be constructed per City of Cypress standards. 30. The existing block wall along the westerly boundary shall be maintained at a six-foot (6') height above the highest adjacent grade. Property owners' approval must be obtained prior to extension of the existing wall. 31. A retaining wall will be required where the grade differential is greater than twelve inches (12"), 32. There shall be no storage of any kind between the rear of the commercial building and the westerly lot line. It is suggested that rear doors be eliminated on Building "A" subject to the approval of the Fire Marshal. 33. In the event that this development is constructed prior to the issuance of a Building Permit for the residential area directly to the west, the developer of this project shall construct a minimum six-foot (6') high block wall along the property line separating the residential area from the commercial development. 34. On-site security lighting shall be located adjacent to the wall separating the residential and commercial developments so that direct rays will not shine on adjacent residential properties or produce glare for street traffic. 35. 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, 36. Commercial buildings which adjoin residentially -zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff, 37. Plans for all commercial establishments wherein food or beverages are to be served shall be submitted for approval by the Orange County Health Department. 38. Conditions, Covenants and Restrictions (CCU's) are required to insure reciprocal parking and access agree- ments between Lots 21, 22 and 23. A copy of the CCgR's covering the development shall be submitted to the City staff and City Attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the CCU's so that the development will not become a liability to the City at a later date. 39. All existing public improvements at the development site which are damaged, cracked, or otherwise below standard shall be removed and replaced to the satis- faction of the City Engineer. 40. Bicycle racks shall be installed at the rate of one (1) space per each one thousand (1000) square feet of floor space. The location of all bicycle racks shall be subject to the approval of the City staff. 41. A maximum of four (4) parking spaces may have to be eliminated from the parking lot as a result of studies made by the City staff based on routes within the development. The following parking stalls may have to be eliminated to provide adequate maneuvering distances for trash trucks: Stalls #22, 27, 98 and 99. 42. Tentative Tract Map #9743 shall be accepted by the Cypress City Council and recorded with the County of Orange prior to issuance of a building permit for this development. 43. Construction standards will be applicable to the most recent Uniform Codes established by the Building Department. Developer shall conform to all other applicable provisions of the City Code. 44. The effective date of Conditional Use Permit No. 77-1 shall be contingent upon effective date of Zone Change No. 77-1. 45. Pedestrian walkways Aal'1 be designated and provided between buildings "A" and "B" and between buildings "A" and "C" to the specifications of City staff. 46. This Conditional Use Permit shall be subject to the review and approval of the City Council of the City of Cypress.