Resolution No. 6585418
RESOLUTION NO. 6585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-11
- 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 amendment in
accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of
Cypress to permit the expansion of an existing retail gas station located at 10901 Walker
Street within the PBP Planned Business Park 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 PBP Planned Business
Park Zone in which the site is located, which is:
To allow for the comprehensive, integrated development of
compatible and complementary educational, professional and
administrative offices, commercial centers, industrial park, open
space, or any public or semi - public uses in a campus -like setting.
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 design of the extended gas station pump islands and
canopy will be consistent and compatible with the existing facility design.
(2) The gas station expansion will not displace any existing
parking spaces onsite.
(3) The closure of the north driveway onsite, as well as the
modification of street markings on Vessels Circle, have been found
consistent with City specifications.
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 the Amendment to Conditional Use Permit No.
2003 -11, subject to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein; must be, filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094,6.
ATTEST:
OLJ-ka-on
419
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 12th day of September, 2016, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales, and Yarc
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
420
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-11
10901 Walker Street
(Costco Gas Station Expansion)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant 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 sees . - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
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421
Exhibit "A"
Amendment to Conditional Use Permit No. 2003 -11
Conditions of Approval
2. Planning
Page 2
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. 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. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The fmal exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage
4.1. 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. (Planning)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least sixty (60) days prior to project
completion. In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship for a period of one (1) year from acceptance of
the landscape installation. All required landscaping shall be permanently maintained in a
neat and orderly condition. (Planning)
5.2. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
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422
Exhibit "A"
Amendment to Conditional Use Permit No. 2003 -11
Conditions of Approval
Page 3
5.3. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. Exterior storage is specifically prohibited. (Planning)
7. Property Maintenance
7.1. 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. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
- WQMP / On -Site (Non- Structural) Plan Check (Prior to submittal of Building Plans)
- Building Plan Check (Prior to submittal of Plans)
- Building Permit and Inspection (Prior to Permit issuance)
8.2. 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 Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of 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. (Planning)
9. Engineering — N/A
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets
14.1. Prior to Final Building Approval, the applicant shall remove and replace any existing public
improvements at the development site which have existing damage, are damaged due to
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423
Exhibit "A"
Amendment to Conditional Use Permit No. 2003 -11
Conditions of Approval
Page 4
construction, or otherwise below current standards, to the satisfaction of the City Engineer.
(Engineering)
15. Subdivisions — N/A
16. Traffic
16.1. Prior to the issuance of certificate of occupancy, the applicant shall construct the
following improvements: a striping modification for Costco Way west of Walker Street
due to the closure of the westbound left turn pocket into the gas station area; as required
by the City Traffic Engineer. All costs for the improvements including but not limited to
design, construction, and inspection shall be the responsibility of the applicant.
(Engineering)
17. Utilities — N/A
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of building permits, an amendment to the original WQMP prepared
in March of 2004 shall be prepared. The applicant shall submit a certified copy of the
amended Water Quality Management Plan along with all other supporting
documentation on a Compact Disc in digital file format acceptable to the City Engineer.
(Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Building, Plumbing, Electrical, and Mechanical Codes,
the 2013 California Green Building Standards Code, Title 24, and the City of Cypress
Codes. (Building & Safety)
20.2. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.3. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.4. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained. (Building & Safety)
20.5. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
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Exhibit "A"
Amendment to Conditional Use Permit No. 2003 -11
Conditions of Approval
20.6. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security — N/A
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
Effective: 9 -12 -2016
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 5
• Community Development Department • Planning Division •