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Resolution No. 2253RESOLUTION NO. 2253 nnj A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-14 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 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 professional office building with associated parking and landscaping at 6081 through 6091 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 zone in which the site is located is This zone is intended as an area for the location of retail and wholesale commercial activities 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. (') 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 adjoining multiple family areas to the north and east of the subject property (3) The use is in conformance with the long range objectives of the City as identified in the Land Use Llement of the General Plan. c The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approval of a variance to allow a zero building setback along the easterly property line wherein 20 feet is normally required by the City s Zoning Ordinance. The City Council approved this requested variance based upon the following findings of fact (1) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the :.oning Ordinance (2) That the granting of the variance as conditioned dill not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone (3) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity 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 on regular meeting held on the 23rd day of June, 1980 ATTEST CITY CLERK Ot"1 E CITY OF CYPRESS �/0 MAI THE C 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 23rd day of June, 1980, by the following roll call vote: AYES NOES ABSENT 3 COUNCIL MEMBERS. Lacayo Mullen and Rowan 2 COUNCIL MEMBERS Coronado and Evans 0 COUNCIL MEMBERS None 2 CITY CLERK OF THE CITY F CYPRESS EXHIBIT 'A CONDITIONAL USE PERMIT NO. 80-14 1 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 All on-site drainage conveyed to Orange Avenue shall be by means of an undersidewalk drain, per Orange County Standard. 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°) 2 Remove existing substandard concrete block wall from along west property line and construct a new six inch (6") thick, minimum three-foot (3') high block wall, measured from the highest adjacent grade 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 exposed to vehicular traffic. 3 Where off-street parking areas are situated across the street from property in a residential zone a masonry wall or berm three feet (3 ) in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas from residential property 4 Orange Avenue shall be fully improved with curb gutter sidewalk, and driveway in accordance with the Master Plan of Streets and Highways 5. 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 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 6. 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 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 The alley along the north property line shall be fully improved to the satisfaction of the City Engineer 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 Street lights shall be installed per City Standards Street name signs and traffic signs shall be installed per City Standards Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards J'7t 2 9 A landscape and irrigation plan shall be submitted to the Planning Depart ment for review and approval prior to installation. This plan shall indicate the size, variety and number of plants to be utilized and provisions for an automatic irrigation system. A bond shall be posted to guarantee against any defects in plant materials and workmanship for a period of one year from acceptance of the landscape installation. All required landscaping shall be permanently maintained in a neat and orderly condition. 10 Street trees (15 gal ) 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. 11 Necessary 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 12. 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 the City Staff Commercial or industrial developments which adjoin residen- tially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the City Staff 13 The applicant shall meet all requirements of the Orange County Fire Marshal 14 The developer shall conform to all applicable provisions of the City Code 15. Developer and his contractor shall provide the City with a Certificate of Insurance evidencing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in connection 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 16. All windows facing north and northeast shall be installed a minimum of six feet (6') high from the second interior floor line to insure privacy for adjacent residential property rn� 3 17 A uniform sign program indicating any building or freestanding signing shall be submitted to the Planning Department for review and approval prior to installation of such signing 18 The following fees shall be paid. a. Engineering plan checking and inspection fee (per Resolution 1713) b Drainage fee for Master Drainage Plan (per Resolution 1713) c. Sanitary sewer connection fee (per Orange County Sanitation District No 3 Resolution 303) d. Advanced street light energy charges shall be paid (for a one near period) e. All applicable Building Department fees