Resolution No. 40606o
RESOLUTION NO. 4060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 92-3 - 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 demolish
an existing gasoline station /mini - market and construct a new gasoline station /mini- market
facility with offsite sale of beer and wine. This project is located at the southwest corner of
Valley View Street and Orange Avenue, 9511 Valley View Street, in 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 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 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 will result in the demolition and reconstruction of an
existing gasoline station /mini- market along with the replacement of the
underground gasoline storage tanks and pump systems.
(2) An updated /modernized facility, with a new sign program
(prohibiting pole signs), will be constructed due to approval of this conditional
use permit.
(3) Improved site circulation and safety will result from the
elimination of two (2) of the existing four (4) driveways which are located
closest to the intersection of Orange Avenue and Valley View Streets.
c. The proposed 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 Conditional Use Permit No. 92 -3, 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 April , 1992.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CL FE4 FF 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 April , 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
2
CIT CL OF TJ E CITY OF CYPRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-3
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
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
topographic map 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
undersidewalk 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 %).
3. Existing block wall shall be maintained along the south and west property lines.
4. The developer shall provide adequate No Parking" controls within the
development, including red curb, and appropriate "No Parking - Fire Lane" signs
shall be installed per California Vehicle Code #22658, to the satisfaction of the City
Engineer, and County Fire Marshal. Onsite traffic circulation shall be subject to the
approval of the City Engineer.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works and Building
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.
7. Valley View and Orange shall be dedicated and fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the City's standard plans. Curb
returns at the intersection of Valley View and Orange shall have a radius of thirty-
five feet (35'). The corner cutoff shall be dedicated to the City of Cypress for
roadway purposes.
8. 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 and
Orange Avenue. No 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.
Exhibit "A"
Conditional Use Permit No. 92 -3
Conditions of Approval
C3
Page 2
9. 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.
10. 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.
11. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
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).
Grading Plan Check and Permit (Per Resolution 2964 and 3662).
All applicable Building Department Fees.
12. Developer shall provide the City with all necessary permits from all applicable
agencies, including Orange County Environmental Management Association, for the
removal and disposal of existing underground gasoline storage tanks, and the
installation of new tanks.
13. All requirements of the Orange County Fire Marshal's office, Orange County
Health Department and Cypress Building and Safety Department shall be satisfied
prior to commencement of the business operation.
14. Applicant /developer shall comply with applicable provisions of the 1988 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
15. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
16. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
17. Type 5 cement shall be used for all foundations and slabs on grade.
18. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
19. 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.
t34Exhibit "A"
Conditional Use Permit No. 92 -3
Conditions of Approval
Page 3
20. Storage, dispensing or use of any flammable and /or combustible liquids, flammable
and /or compressed gases or other hazardous materials shall comply with uniform
fire code regulations.
21. Locations and classifications of extinguishers to be determined by the fire inspector.
22. County health care agency approval shall be required for underground tanks.
23. Fire Department permits shall be required for removal and placement of
underground tanks.
24. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
25. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 92 -3 becoming
effective.
26. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 92 -3 will require an amendment to the conditional
use permit.
27. 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.
28. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
29. 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.
30. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
31. 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.
32. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
33. Parking for the handicapped shall be provided in accordance with State
requirements.
Exhibit "A"
Conditional Use Permit No. 92 -3
Conditions of Approval
Page 4
34. 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.
35. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
36. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm.
37. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
38. A comprehensive sign program for both building and freestanding monument sins
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.
39. No pole signs shall be permitted. However, instead of a pole sign, a monument sign
may be permitted.
40. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
41. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
42. 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.
43. 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.
44. 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.
45. 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.
46. The City Council shall maintain the right to review the mini- market's hours of
operation and may, subject to a public hearing, limit the business hours should
substantiated complaints be received that the business hours are creating an adverse
impact upon neighboring properties.
47. Adult supervision (over 21 years of age) shall be maintained on the business
premises at all times.
CG Exhibit "A"
Conditional Use Permit No. 92 -3
Conditions of Approval
Page 5
48. Gasoline truck deliveries shall be permitted twenty -four (24) hours to allow for off -
peak delivery hours.
49. No advertising of beer and wine shall be permitted at the gas pump islands or in the
general sales building windows.
50. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the
City to file the Certificate of Fee Exemption in accordance with Fish and Game
Code Section 753.5 with the Notice of Determination required under Public
Resources Code Section 21152 and Title 14 of the California Code of Regulations.
If within such forty -eight (48) hour period the applicant /developer has not delivered
to the Planning Department the check required above, the approval for the project
granted herein shall be void.
Effective 3/23/92