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Resolution No. 2183c;\��3 --1 's t'r" 330 RESOLUTION NO 2183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 79-17 - WITH CONDITIONS THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESERVES, 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 commercial/retail and light industrial complex at 5241 through 5251 Lincoln Avenue Cypress 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 in is that This zone is intended 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 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 aesthetically 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 adjacent arterial street has more than adequate capacity to accommodate the projected volumes of pedestrian and vehicular traffic to be generated by this use. (2) The design of the project and the conditions of development attached thereto will insure that the project will be compatible with other commercial uses on adjacent properties and will not interfere with the privacy of residents in the multi -family area to the west of the subject property The use is in conformance with the long range objectives of the City as identified in the Land Use Element of the General Plan (3) 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" 1 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of January, 1980 ATTEST. CITY CLERK THE CITYSOF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) A OR 0 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 14th day of January, 1980, by the following roll call vote AYES: 5 COUNCIL MEMBERS: Evans, Hudson, Lacayo, MacLain and Rowan NOES 0 COUNCIL MEMBERS: None ABSENT. 0 COUNCIL MEMBERS: None -2 A7- //(4-1../r) �TY CITY CLERKOTHE OF CYPRESS 331 - rq EXHIBIT "A" CONDITIONAL USE PERMIT NO 79-17 1 In accordance with the intent of the Lincoln Avenue Combining Zone, the subject property shall be governed by the CH -10,000 Commercial Heavy and the ML -10 000 Light Industrial Zoning criteria Units designated A-1 through A-3 shall be restricted to retail commercial land uses complying with the CH -10,000 Zone regulations Units A-4 through A-7 and units B-1 through B-6 may be utilized for commercial or light industrial land uses complying with the ML -10 000 Zone regulations 2 A complete set of Covenants, Conditions and Restrictions governing the follow- ing areas of concern shall be reviewed and approved by the City of Cypress and recorded by the developer prior to occupancy of the project. A Maintenance of all property landscaping B Prohibition of all outdoor storage C Uniform sign program regulations. D Vehicular access and parking enforcement E Prohibition of exterior noise which becomes adverse to adjoining property owners as determined by the City of Cypress F Hours of business operation 3 A uniform signing program shall be reviewed and approved by the Planning Department prior to installation of any signing A maximum of one pole sign will be allowed along Lincoln Avenue identifying the commercial tenant and the singular name of the industrial complex On-site directory signs adjacent to units B-1 and B-6 may be utilized to identify all tenants within the light industrial complex Each commercial and industrial tenant will also be allowed building signing along their immediate business frontages Signing is specifi cally prohibited on the exterior building walls along the side property lines 4 A landscape and irrigation plan incorporating an automatic irrigation system, shall be submitted by the developer for review and approval by the Planning Department A landscape maintenance bond shall be posted by the developer to guarantee against any defects in plant materials for a one-year period The parkway area along Lincoln Avenue and Cypress Street shall also be landscaped and maintained by the property owner A soils report by a qualified agricul tural laboratory shall be submitted to the City 30 days prior to the planting date 5 Final elevations specifying exact materials of construction, surface textures and color schemes shall be reviewed and approved by the Planning Department prior to issuance of building permits 6 The Cypress City Council retains the right to review, modify or revoke Conditional Use Permit No 79-17, should property tenants violate the City's Municipal Code. '? g3-4.4- -y - 2 - 7 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 A parcel map shall be reviewed and approved by the City and €bled with the County of Orange prior to issuance of any building permits 8 Drainage shall be solved to the satisfaction of the City Engineer A grading plan 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 natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities pro- vided for that property to the satisfaction of the City Engineer All on-site drainage conveyed to the street shall be by means of an undersidewalk drain, per Orange County standard All lots shall have a slope gradient of between one percent (1%) and three percent (3%) from rear lot line to the street 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%) 9 A maximum lot depth of 100 feet (100') shall be allowed to drain onto Lincoln Avenue If drainage is directed to Lincoln Avenue, drainage culverts shall be constructed underneath sidewalks to convey all on-site runoff water to the street to the satisfaction of the City Engineer 10 The quantity, location, width, and 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 Lincoln Avenue and Cypress Street 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 The driveway at Lincoln Avenue shall be thirty feet (30') minimum width and at Cypress Street shall be twenty-five feet (25') minimum width Driveways shall be constructed according to City of Cypress Standard No 207 11 A thirty foot (30') reciprocal easement for ingress/egress purposes shall be required, with the easement centered on the west property line of the developer's parcel Recordation of the easement shall occur prior to final occupancy and release of utilities for this project. r 12 The developer shall relocate the traffic loop detector and storm drain catch basin at the Lincoln Avenue driveway, in accordance with City Engineering specifications 13 A six foot (6') wide concrete sidewalk on Lincoln Avenue and a four and one-half foot (4-1/2') wide concrete sidewalk on Cypress Street shall be constructed behind the curb and gutter in front of this development, per Orange County Standard No 205 14 A permit shall be obtained from the State Department of Transportation prior to the start of any work on Lincoln Avenue 15 The developer shall pay to the City of Cypress one-half the cost of installing the sewer main and lateral in front of his development on Cypress Street. The developer shall also pay to the City one-half the cost of the street improvements which were constructed on Cypress Street in front of his development One-half of the cost of street improvements and sewer main shall be based on the distance from the east property line to the west property line of the subject parcel 16 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. v. M I - a -s... ti. Jai* t.MNe-.fyft4 ' SI .d r<•104a4SAl.,4, v, ,• .y.y - 3 - Tag 334 arF 17 Street trees (15 -gallon) forty feet (40') on center shall be installed along streets in conformance with the street tree policy of the Public Works Depart- ment The type of trees required are specified by the Planning Department within the Townscape and Urban Design element of the General Plan 18 A six-inch (6") concrete curb per City standards shall be constructed at a minimum distance of five feet (5') from the base of all block and building walls exposed to vehicular traffic 19 The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer Parking lot circulation and layout shall be subject to the approval of the City Engineer 20 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 21 All secondary and primary utility services shall be underground The street in front of this development shall be resurfaced with one inch (1") minimum thick- ness asphalt concrete 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 22. 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 applicable fees. 23. On-site 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 City Staff Commercial or industrial developments which adjoin residentially zoned areas shall con- struct noise baffles and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City Staff Should any structural mechanical equipment produce adverse noise upon neighboring properties said equipment shall be removed at the direction of City Staff. 24 On-site and off-site fire hydrants, if necessary, shall be installed in accord- ance with Fire Department requirements and City Standards All requirements of the Orange County Fire Marshal's Office shall be satisfied prior to occupancy FEES REQUIRED FOR IMPROVEMENTS Lot consolidation. Parcel 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 1713) Sanitary sewer connection fee (Per Orange County Sanitation District No 3 Resolution No 303) All applicable building department fees.