Resolution No. 4029RESOLUTION NO. 4029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING RENEWAL OF CONDITIONAL USE PERMIT NO. 89-14 WITH
CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed in accordance with the provisions of Section 17.2
of the Zoning Ordinance of the City of Cypress to renew Conditional Use Permit No. 89-14
for the construction of a retail shopping center located at 6202 and 6222 Lincoln Avenue in
the CH/CC Commercial Heavy/Civic Center Combining Zone.
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 amended conditional use is in accord with
the objectives of the Zoning Ordinance and the purpose of the zone in which the
site is ocated 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. In addition, the Civic Center
Combining Zone is included to provide a zone designed to protect the
public interest in certain major public developments, and at the same
time protect private interests in the peripheral area thereof by creating an
environment compatible with the purpose of the public development.
b. The proposed location of the amended 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 project is consistent with the General Plan and the Cypress
Zoning Ordinance in that a shopping center is an appropriate use for the
CH/CC Commercial Heavy/Civic Center Combining Zone.
(2) The project will be compatible with surrounding commercial and
residential uses, and the Cypress Community College.
(3) The project will generate retail sales tax revenue, thereby,
contributing to the City's tax base.
(4) The project is designed to meet all minimum required
development standards, including access, parking and building setbacks.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the Zoning Ordinance except for approved variances or
adjustments.
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Renewal of Conditional Use Permit No. 89-14, 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 13th day of January 1992
MAYOR OF THE CITY OF CYPRESS
EXHIBIT A
CONDITIONAL USE PERMIT NO. 89-14
CONDITIONS OF APPROVAL
1 All requirements of the State Subdivision Map Act, and the
City s Subdivision Ordinance and Zoning Ordinance shall be
satisfied. A parcel map shall be recorded prior to issuance
of a building permit.
2 Drainage shall be solved to the satisfaction of the City
Engineer A grading plan, in ink on mylar signed by a
registered California civil engineer and using actual grades
from an Orange County surveyor s benchmark, 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
provided for that property to the satisfaction of the City
Engineer All onsite drainage conveyed to the street shall
be by means of an under -sidewalk drain. All lots shall have
a slope gradient of one percent (1%) minimum from rear lot
line to the street. In parking areas, A.C. shall have a
minimum slope gradient of two percent (2%) and concrete
shall have a minimum slope gradient of two-tenths percent
( 2%)
The north 100 -feet of the property shall drain to Lincoln
Avenue and the remainder of the property shall drain
southerly and sheet flow across the south property line.
3. A minimum six-foot (6 ) high block wall, measured from the
highest adjacent finish grade, shall be constructed and
maintained along the open portion of the south, east and
west property lines A retaining wall per City standards
shall be constructed at the property line where the finish
grade difference is greater then twelve inches (12 ) A
six-inch (6") concrete curb shall be constructed per City
standards to protect all block walls and structures exposed
to vehicular traffic
5 Wheelchair and handicapped access facilities shall be
installed onsite and offsite in accordance with State of
California and City of Cypress Public Works Department
standards.
6 All existing public improvements at the development site
which are damaged due to construction, cracked, or otherwise
below standard, shall be removed and replaced to the
satisfaction of the City Engineer
A I TEST
ltbP-T�T d
CITY C K E CITY F 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 13th day of January 1992 by the following roll call vote:
AYES. 5 COUNCIL MEMBERS. Age, Bowman, Kerry, Nicholson,
and Partin
NOES. 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS. None
4,6
CI
CITY CLERK TH Y OF CYPRESS
2
Exhibit« A
Conditional Use Permit No 89-14
Page 2
7 Lincoln Avenue shall be dedicated and fully improved with
curb, gutter sidewalk, driveway paving, etc in
accordance with the City standards.
8. All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110 Arterials shall be crossed by boring only In
City streets lateral open cuts spaced within twenty feet
(20') of each other shall be covered with a one -inch (1 )
continuous A.C. cap.
9 Streetlights shall be installed per City standards and shall
be dedicated to the City Street name signs and traffic
signs shall be installed per City standards.
10. Street trees (15 gallon) forty feet (40 ) on center shall be
installed in back of the public sidewalk in conformance to
the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan.
11 A sewer plan shall be submitted for approval by the City
Engineer Unused sewer laterals connecting existing houses
at this property shall be plugged at the property line
12 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.
13 Fees required for improvements are as follows
Final subdivision map filing fee, per Resolution 2964
Engineering plan checking and inspection fee per
Resolution 2964.
Drainage fee for Master Drainage Plan, per Resolution
2287
Sanitary sewer connection fee, per Orange County
Sanitation District No. 3, Resolution 303
Advanced streetlight energy charges shall be paid for a
one-year period.
Grading permit fee, per Resolution 2964
All applicable Building Department fees
14. The applicant/developer shall comply with all provisions of
the City Code
Exhibit A
Conditional Use Permit No 89-14
Page 3
15 All requirements of the Orange County Fire Marshal s Office
shall be complied with prior to a Certificate of Occupancy
being issued.
16 Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department
17 Any expansion or modification of the approved use beyond
what is approved as part of Conditional Use Permit No. 89-14
will require an amendment to the conditional use permit.
18. All business activity shall occur within the building.
Temporary use permits may be granted for outdoor activity in
accordance with Section 13.1 of the Cypress Zoning
Ordinance.
19 Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
20 All architectural treatments shall be constructed as
illustrated on plans and renderings submitted. The final
exterior color scheme shall be submitted to City staff for
review and approval prior to actually painting the
structure
21 Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic
22 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 construct noise bafflers and/or deflectors on
all mechanical equipment mounted outdoors, to the
satisfaction of City staff
23. The transformer boxes and water valves shall be placed in
locations acceptable to the Planning Director and shall be
adequately screened from view with plant materials.
24. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff
25 Compact parking space aisles shall be denoted as such on the
asphalt as 'Compact Only
Exhibit A
Cornlitional Use Permit No. 89-14
Page 4
26 A detailed landscape and automatic irrigation plan shall be
submitted to the Planning Department for review and approval
at least sixty (60) days prior to issuance of a Certificate
of Occupancy In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in
plant materials and workmanship
27 Unless otherwise specified, all required trees shall be a
minimum 15 -gallon in size and of a variety approved by the
Planning Director
28. All landscaped areas adjacent to a street right-of-way shall
contain a 3 to 1 berm.
29 Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas.
30 A comprehensive sign program for both building and
freestanding monument signs shall be submitted for Planning
Department approval prior to any signing installation. The
developer shall not erect or display on the subject property
any signs which have not been approved in writing by the
Planning Department
31 All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
32 Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
33 All walls, fences and trash enclosures shall be maintained
free of significant surface cracks, dry rot, warping,
missing panels or blocks which threaten the structure's
structural integrity or appearance.
34 Parking lot surfaces and pedestrian walkways shall be
maintained in a safe condition such that any concrete,
asphalt, or other driving or walking surfaces are free of
potholes, buckled or cracked surfaces, or raised areas.
35 The property shall be maintained free of the accumulation of
trash and debris Trash and debris associated with the
permitted uses are to be stored solely in designated trash
enclosures
36 Exterior building elevations shall be maintained in a safe
appearance such that the buildings are free of broken,
missing or significantly cracked surface finished materials.