Resolution No. 411017
RESOLUTION NO. 4110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 92 -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 for a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to build a
two -story, 13,380 square foot day care facility for the use of PacifiCare employees located
at the northeast corner of Camden Drive and Corporate Avenue, in the PC -5 Planned
Community 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 zone in which the site is
located is:
Intended to result in a development with a general light
industrial /office /retail character which complements surrounding,
existing and planned land uses. Regulations provide an appropriate
amount of flexibility to anticipate future conditions and to properly
integrate a mixture of light industrial /office and support commercial land
uses.
Principal land uses for the Business Park classification shall be limited to
light industrial, office, and support commercial uses on the project site.
The locations of these land uses on the project site will depend upon the
needs of the future developer(s) of the property.
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 subject day care center is determined to be an appropriate
accessory use to the principle business park uses. It is, therefore, found to be
consistent with the General Plan and PC -5 Planned Community - 5 Business
Park zoning designations.
(2) The subject project will be compatible with surrounding uses.
Concerns of an adjacent property owner, Woodfin Suites Hotel has been
adequately addressed through the inclusion of conditions of approval
regardin& the hours of use of the playground, design of the perimeter wall, and
landscaping.
(3) The subject project will comply with each of the applicable
provisions of the Cypress City Code and the Cypress View Limited Specific
Plan.
The applicant will provide the minimum required parking through the
combined provision of onsite and offsite parking, subject to the alternatives
set forth in Condition 24.
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 -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 28th day of September , 1992.
MAYOR OF THE CITY OF CYPRESS
1
1'7
ATTEST:
fit
ERK O
CITY L C EC Y OF 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 28th day of September , 1992, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
NOES: o COUNCIL MEMBERS: None
ABSENT: o
COUNCIL MEMBERS: None
2
and Partin
CITY CLER OF TI ICITY OF CYPRESS
173
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-14
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. A minimum seven foot (7') high block wall, measured from the highest adjacent
finished grade, shall be constructed and /or maintained along the north, south and
east property lines. A retaining wall per City standards shall be constructed at the
property line where the finished 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.
4. The developer shall provide adequate "No Parking" controls within the
development 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. The developer of this project shall provide adequate speed
control within the development to the satisfaction of the City Engineer. 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. Camden Drive shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Master Plan of Streets.
Exhibit "A"
Conditional Use Permit No. 92 -14
170mditions of Approval
Page 2
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 Camden Drive
and Corporate 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.
9. 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 on -site 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.
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).
- Recreation and Parks Fee (Per Ordinance 769).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3,
Resolution 303).
Advanced Street Light Energy Fees (For one -year period).
- Grading Plan Check and Permit (Per Resolution 2964 and 3662).
- All applicable Building Department Fees.
12. 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 gents,
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 (§ 2100 _et seq. - 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.
Exhibit "A"
Conditional Use Permit No. 92 -14
Conditions of Approval
Page 3
13. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
14. An automatic fire sprinkler system, approved by the Fire Marshal, shall be
installed.
15. 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.
16. Type 5 cement shall be used for all foundations and slabs on grade.
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10
mil. moisture barrier.
18. A soil investigation report shall be submitted with the plans for plan check.
Report shall include soil bearinT capacity, seismic study, grading, paving, sulfate
test and other pertinent information under good engineering practice.
19. Prior to the issuance of any building permits for combustible construction,
evidence that a water supply for fire protection is available shall be submitted to
and approved by the Fire Chief. Fire hydrants and access roads shall be in place
and operational to meet required fire -flow prior to commencing construction with
combustible materials. An additional fire hydrant shall be required.
20. Prior to the issuance of any building permits, all underground piping for automatic
fire extinguishing systems shall be approved and installed. Plans for an automatic
fire extinguishing system shall be approved by the Fire Chief prior to installation.
Such systems shall be operational prior to the issuance of Certificate of Use and
Occupancy.
21. Prior to the issuance of building permits, fire alarm plans shall be reviewed and
approved by the Fire Chief.
22. Prior to the issuance of building permits, the applicant shall submit to the Fire
Chief for review and approval, a site plan and wall plan. A twenty foot (20') wide
gate to be permit access by fire fighting apparatus. This gate shall be near the
Corporate Avenue fire hydrant. All gates shall have a Fire Department approved
key and padlock. Access into the play area shall be on an all weather surface.
23. Prior to the issuance of building permits, the applicant shall submit a detailed
playground plan for the review and approval of the Design Review Committee.
24. The subject conditional use permit shall be effective for a period of 120 days to
allow the applicant additional time to resolve the minimum parking requirements
through one of the two following options:
1') 4.
Exhibit "A"
Conditional Use Permit No. 92 -14
Conditions of Approval
Page 4
a. The applicant shall enter into a joint parking agreement with an adjacent
property owner who has available parking spaces within 600 feet of the
project site which are above and beyond the adjacent owner's minimum
parking requirements. This agreement shall be acceptable to the City
Attorney and recorded with the Orange County Recorder's Office.
b. The applicant shall apply for and be granted a parking variance by the City
Council to allow offsite parking in accordance with Government Code
Section 65906.5.
No building permits shall be issued during the 120 days until either option is
implemented. If either option is implemented at any time during the 120
days, the conditional use permit becomes fully effective. If neither of these
options resolves the minimum parkin requirement within the 120 days, the
conditional use permit will become void.
25. Day care center hours of operation shall be from 7 a.m. to 6 p.m. weekdays.
Children shall use the outdoor play area only between 9 a.m. and 5 p.m.
26. Prior to the issuance of building permits, the applicant shall submit a detailed wall
plan. This plan shall be designed to address concerns by Woodfin Suites and shall
be approved by the Design Review Committee and the Orange County Fire
Department.
27. All applicable conditions of Conditional Use Permit No. 92 -14 shall be complied
with prior to occupancy of the subject building.
28. All requirements of the Orange County Fire Marshal's Office shall be complied
with prior to a Certificate of Occupancy being issued.
29. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
30. The applicant shall obtain a Cypress business license prior to commencement of
the business operation.
31. Any expansion or modification of the approved use beyond what is approved as
part of Conditional Use Permit No. Conditional Use Permit No. 92 -14 will require
an amendment to the conditional use permit.
32. The applicants shall comply with all necessary requirements of the California
Department of Social Services, County of Orange Health Department, County of
Orange Fire Marshal's Office, and the City of Cypress Building and Planning
Departments prior to operation of the preschool.
33. 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. Access to the second floor requires a handicap ramp or
elevator according to the Building and Safety Department.
Exhibit "A"
Conditional Use Permit No. 92 -14
Conditions of Approval
Page 5
177
34. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
35. 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.
36. 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.
37. The developer shall provide an adequate number of trash enclosures onsite and at
a location acceptable to City staff.
38. Parking for the handicapped shall be provided in accordance with State
requirements.
39. 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.
40. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
41. 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.
42. 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.
43. Outside public address speakers, telephone bells, buzzers and similar devices
which are audible on adjoining properties are hereby prohibited.
44. 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.
45. Prior to the issuance of building permits, a final noise analysis shall be completed
and its findings implemented under the direction of the Planning Department.
Revised 9/14/92