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Resolution No. 23621 1 RESOLUTION NO 2362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 81-7 - 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 self service car wash at 5020 Lincoln Avenue and a commercial office building at 9020 Moody 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 conditional use permit is adequately conditioned to insure the privacy of adjoining residences within the Lincoln -Moody Apartments at 9090 Moody Street Cypress (2) The design of the project will insure that the project will be compatible with other commercial uses on adjoining properties and the final development of Phase 2 will be compatible with initial construction of Phase 1 (3) A proposed land use conforms with the General Plan Land Use designation and City's zoning designation for the subject property 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 " PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 23rd day of March 1981 1 M ATTEST - 1 rri CITY iRK CIT MAYOR OF THE CITY OF CYPRESS F CYPRESS 21 216 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 March 1981 by the following roll call vote AYES. 5 COUNCIL MEMBERS. Coronado Lacayo Mullen Rowan $ Evans NOES 0 COUNCIL MEMBERS None ABSENT 0 COUNCIL MEMBERS. None CIT1�C F T TY OF CYPRESS - 2 - d-36 a. - f -e- 01 EXIIIBIT "A" CONDITIONAL USE I L•RMIT NO 81 7 1 Prior to the issuance of building permits for phase one of Conditional Use Permit No 81-7 the non conforming sin; le family dwelling, Wilmott's Auto Service and all advertising billboards on the subject property shall be permanently removed 2 Prior to the issuance of building permits for phase two of Conditional Use Permit No 81 " architectural elevations for the condominium office building shall be reviewed and approved by the staff Design Review Committee 3 Prior to the sale of any officc condominiums a single lot tract map shall he reviewed and approved by the Cit) Council and recorded with the County of Orange 4 A uniform sign program shall he submitted for City staff review and approval prior to the installation of any structural cr freestanding sign on the subject property 'L'his plan shall include structural signs for both the car wash building and the office building and anv freestanding signs proposed along Lincoln Avenue or Moody Street 5 All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued for phase one or phase two 6 All right of way improvements along Lincoln Avenue and Moody Street which include construction of necessary curb gutter sidewalk and street lights shall be completed during phase one of this conditional use permit That property known as phase two shall he clear of all weeds and debris and temporarily fenced with 5 foot chain link fencing to prohibit the illegal dumping of refuse 7 The car wash may be operated 24 hours a day seven days a week However the City Council reserves the right to limit said hours or days of operation to protect the welfare of adjacent property owners and the community 8 All parking area and security lighting shall be so arranged that it does not glare or shine into the Lincoln Moody Apartment complex adjacent to the subject property 9 The landscape and irrigation plan shall be submitted for approval by City staff and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship for the first year following the plant ing date All landscaping shall be irrigated by an automatic irrigation system i - 2 - 10 Drainage shall be solved to the satisfaction of the City Engineer A grading plan in ink on mylar, signed by a registered engineer and using grades from an Orange County surveyor's benchmark, shall be submitted for approval All on-site drainage conveyed to the street shall be by means of an undersidewalk drain, per Orange County Standard In parking areas, A( shall have a minimum slope gradient of two percent (2%), and concrete shall have a minimum slope gradient of two tenths percent ( 2%) 11 A minimum six foot (6') high block wall, measured from the highest adjacent grade shall be maintained along the south property line A retaining wall per City standards shall be constructed and/or maintained at the property lines where the grade difference is greater than twelve inches (12' ) 12 Developer and all subcontractors 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 13 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 14 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 developments 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 15 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 16 The quantity, location, width and the type of driveway shall be sub- ject to the approval of the City Engineer The driveway on Moody Street shall he located a minimum of seven feet (7') south of the north property line Developer shall install seven foot (7') wide landscape planter between said drive and property line with dense, screening planting material to the satisfaction of the Community Development Director An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue and Moody 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 1 e 1 1 sC,a_ -- / 3 3 17 All secondary and primar) 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 18 One street light shall be installed on Lincoln Avenue per City standards 19 Street trees (15 gallons) 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 20 Sewer laterals connecting existing housing at this property shall be plugged at the property line 21 Fees required for improvements Engineering plan checking and inspection fee Drainage fee for Master Drainage Plan Sanitary sewer connection fee Advanced street light energy charges shall be paid (for a one year period) Grading permit fee All applicable Building Department fees 22 The developer shall conform to all applicable provisions of the City Code 23 All applicable conditions of approval shall be complied with prior to Conditional Use Permit No 81 7 becoming effective