Resolution No. 47911
RESOLUTION NO • 4791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 96 -17 - 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 for the construction of
a gas station and mini- market located at 5931 Cerritos Avenue and 10461 Valley View Street
within the CG Commercial General 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 conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the Commercial General Zone in
which the site is located, which 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 proposed development is in compliance with the development
standards of the zone and the provisions of the General Plan.
(2) Deliveries will be regulated by Section 10.7 of the Cypress Zoning
Ordinance
(3)
A fifteen foot (15') wide landscape area along the north property
line will buffer the site from the adjacent residential uses.
(4) The lighting is designed to provide sufficient illumination without
creating either spill or glare for adjacent properties.
(5)
The construction of an eight foot (8') high block wall along the
north property line will provide a barrier for the properties to the
north.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 96 -17, 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 28th day of April , 1997.
MAYOR OF THE CITY OF CYPRESS
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ATTEST:
oh
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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 28th day of April , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and
Carroll
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
eW-
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -17
5931 Cerritos Avenue and 10461 Valley View Street
CONDITIONS OF APPROVAL
*Bolded conditions are specific to this project.
GENERAL CONDITIONS
1. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 et semc . - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as 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.
3. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 96 -17 shall be complied with
prior to occupancy of the subject building.
6. 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.
7. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of thirty -eight Dollars ($38.00) County administrative fee, to
enable the City to file the Certificate of Fee Exemption in accordance with the Notice of
Determination pursuant to Fish and Game Code §711.4 and California Code of
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 2
Regulations, Title 14, section 753.5. If, within such forty-eight (48) hour period, the
applicant/developer has not delivered to the Community Development Department the
check required above, the approval for the project granted herein shall be void.
ENGINEERING CONDITIONS
8. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
9. 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 topography 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 in landscape areas. In parking areas, AC shall have a
minimum slope gradient of one and one -half percent (1.5 %) or as approved by the City
Engineer, and concrete shall have a minimum slope gradient of two - tenths percent. (.2 %).
10. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than 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. Grade separation shall not exceed two feet (2') between two adjacent
properties.
11. 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.
12. 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.
*13. Valley View Street and Cerritos Avenue shall be fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of
streets. Curb returns at the intersection of Valley View Street and Cerritos Avenue
shall have a radius of thirty -five feet (35'). The corner cutoff shall be dedicated to
the City of Cypress for roadway purposes.
*14. The quantity, location, width, and type of driveways 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. No
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 3
landscaping in excess of three feet (3') high 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.
15. 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.
16. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall be
maintained by the developer.
17. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property line.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City-wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Division fees.
PLANNING CONDITIONS
19. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -17 will require an amendment to the conditional use
permit.
20. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 4
21. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division Standards.
22. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
23 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.
24. 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.
25. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
26. The applicant /developer shall provide an adequate number of trash/waste enclosures
onsite and at a location acceptable to City staff. [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right -of -way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
27. Parking for the handicapped shall be provided in accordance with State requirements.
28. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development 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.
A. The landscape plan shall include juniper trees or other decorative species
acceptable to the Planning Division.
29. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of
a variety approved by the Community Development Director.
30. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size,
shall be installed along all property lines where necessary to retain the landscape planters
until adjoining properties are developed.
31. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 5
32. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development 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 Community Development Department.
33. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
34. 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.
35. An eight foot (8') block wall shall be installed at the north portion of the property
between the commercial and the single- family residential zone. As agreed to by the
applicant, the eight foot (8') block wall shall be constructed along the entire length of the
adjacent residential properties located at 10439 and 10440 Rexford Court.
36. 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.
37. 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.
38 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.
39. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
40. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
*41. Prior to the issuance of building permits applicant shall submit for approval of the
Community Development Department a water quality management plan (WQMP)
specifically identifying Best Management Practices that will be used onsite to control
predictable pollutant run -off. (Mitigation Measure No. 1)
*42. Deliveries shall be prohibited from the hours of 9:00 P.M. to 7:00 A.M. daily and
from 9:00 P.M. to 9:00 A.M. on Sundays and Federal holidays. (Mitigation Measure
No. 2)
*43. A fifteen foot (15') landscape buffer shall be installed along the north property line
abutting the residential zone. (Mitigation Measure No. 3)
*44. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic. (Mitigation Measure No. 4)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 6
*45. Lighting shall be not exceed a foot - candle measurement of .50 measure from the
residential zone to the north. Should the City determine that shields need to be
installed, the owner /applicant shall do so at their expense.
*46. A Lot Line Adjustment shall be obtained prior to the issuance of building permits.
BUILDING CONDITIONS
47. Applicant/developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
48. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
49. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
50. Type 5 cement shall be used for all foundations and slabs on grade.
51. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
52. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other pertinent
information under good engineering practice.
FIRE CONDITIONS
53. Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief
evidence of the onsite fire hydrant system and indicate whether it is public or private. If
the system is private, the system shall be reviewed and approved by the Fire Chief prior
to issuance of building permits. Provisions shall be made by the applicant for the repair
and maintenance of the system, in a manner meeting the approval of the Fire Chief.
54. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval of preliminary plans for all streets and courts, public or private, from the Fire
Chief in consultation with the Manager, Traffic Engineering. The plans shall include the
plan view, sectional view, and indicate the width of the street or court measured flow line
to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a
dead -end street exceeds 150 feet or when other conditions require it.
55. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval from the Fire Chief for street improvement plans with fire lanes shown. The
plans shall indicate the locations of red curbing and signage. A drawing of the proposed
signage with the height, stroke and color of lettering and the contrasting background color
shall be submitted to and approved by the Fire Chief.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 7
56. Prior to the issuance of any building permits for combustible construction, the developer
shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for
fire fighting purposes and an all weather fire access road shall be in place and operational
as required by the Uniform Fire Code before any combustible materials are placed on the
site.
57. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Plan Review Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure, in a
manner meeting the approval of the Fire Chief.
58. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use for each building to the Fire Chief for review and approval.
59. Prior to the issuance of any building permits, the applicant shall contact the Orange
County Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain
a "Hazardous Material Business Information and Chemical Inventory Packet". This shall
be completed and submitted to the Fire Chief before the issuance of any building permits.
60. Prior to approval of a site development /use permit, or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of the
Fire Chief. The applicant shall include information on the plans required by the Fire
Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-
0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
61. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Authority Standard. On private property, these markers are to be
maintained in good condition by the property owner.
62. Prior to the installation of the aboveground /underground tanks, plans shall be submitted
to the Fire Chief for review and approval.
63. Notes to be placed on plans requested by the Fire Authority:
• Water for fire protection purposes and an all weather access road shall be in place
prior to any combustible materials being placed on site.
• A letter of intended use for the structure shall be submitted to and approved by the
Fire Chief prior to issuance of a grading or building permit, which ever occurs
first.
• A water availability form shall be submitted to and approved by the Fire Chief
prior to the issuance of a building permit.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -17
Conditions of Approval
Page 8
• Locations and classification of extinguishers to be determined by the fire
inspector.
• Storing, dispensing or use of any flammable and combustible liquids, flammable
and compressed gases and other hazardous materials shall comply with Uniform
Fire Code regulations.
• Plans of new or modifications to existing fire protection, detection or alarm
system(s) shall be approved by the Fire Authority prior to installation.
• Fire Authority final inspection required. Schedule inspection 2 days in advance.
Phone (714) 527 -9447
Revised 04 /29/97
• Community Development Department • Planning Division •