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Resolution No. 2392.3 -- RESOLUTION NO 2392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 81-11 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 convert the existing Go -Lo Service Station, at 9511 Valley View Street into a convenience market Also included is a request for the off -sale of beer and wine and sale of gasoline 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. Intended as an area for the location of retail and wholesale commercial activities b The proposed location of the conditional use and the con- ditions 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) This conditional use permit represents a remodeling and upgrading of an existing self-service gasoline station to the betterment of the community (2) Establishment of a convenience market, including the off -sale of alcoholic beverages, should not produce an adverse impact on the surrounding community, since this conditional use permit regulates the business activity hours of operation 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 26th day of May 1981 MAYOR OF THE CITY OF CYPRESS ATTEST CITY RESS�OTYCY 27 2'2 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 meet- ing of the said City Council held on the 26th day of May 1981 by the following roll call vote AYES 3 COUNCIL MEMBERS Coronado, Lacayo and Rowan NOES 0 COUNCIL MEMBERS None ABSENT' 1 COUNCIL MEMBERS' Mullen CITY CLERK F THE TY OF CYPRESS - 2 - 1 1 X31a-.ra- A-/ 273 EXHIBIT "A" CONDITIONAL USE PERMIT NO 81-11 1 The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control 2 The Cypress City Council shall maintain ongoing jurisdiction over the hours of operation with the right to review or limit the hours of operation should this use become detrimental to surrounding businesses or properties 3 All signing shall be reviewed and approved by the Community Development Department prior to installation or issuance of permits 4 Video amusement machines shall not be maintained or operated on the premise at any time 5 The applicant shall meet all requirements of the Orange County Fire Marshal's Office, the Orange County Health Department, and the Cypress Building Department All necessary building and electrical permits shall be obtained prior to any structural remodeling 6 A street improvement plan shall be submitted to the City showing existing and proposed improvements in the public right of way and shall be approved and signed by the City Public Works Director 7 The developer shall repair the damaged six inch (6") block wall on the west property line per City Standards and shall repair cracked A C paving along the west property line to the satisfaction of the City Engineer 8 The southerly drive approach on Valley View Street shall be relocated subject to the satisfaction of the City Engineer and shall be twenty-five feet (25') minimum in width Existing improvements in the public right-of-way shall be relocated as necessary 9 The developer shall provide four (4) parking stalls on the north side of the store Stalls shall be 9' x 20' and striped, as shown on the revised site plan 10 The developer shall conform to all applicable provisions of the City Code 11 A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship 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 274 - 2 c)..35,) A. -L. A -z. 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 resi dentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City Staff 13 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 14 All applicable provisions of Conditional Use Permit No 80 18 shall apply to and become a part of Conditional Use Permit No 81 11 15 The developer shall submit to the City a revised site plan to the Community Development Department indicating the following a A ten foot (10') wide planter to be constructed along the north and west property lines, exclusive of driveway entrances b The landscape planter along Valley View Street (between the two driveways) shall be extended southerly to the new driveway location c A minimum three foot (3') wide planter box shall be installed by the north side of the building, as determined by City staff• 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 17 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 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 1 1 1 3 - 2'75 18 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 19 Fees required for improvements shall include a Engineering plan checking and inspection fee (per Resolution 1713) b All applicable building department fees 20 All applicable conditions of approval shall be complied with prior to Conditional Use Permit No 81-11 becoming effective