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Resolution No. 3865q tl ' RESOLUTION NO. 3865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -25 - 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 develop a 110 unit retirement community at 5120 Lincoln Avenue in the CH Commercial Heavy 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 provide appropriately located areas for establish- ments 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. 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 retirement community is consistent with the intent of the Cypress Zoning Ordinance in that retirement communities are permitted in the CH Commercial Heavy Zone subject to a conditional use permit. (2) The proposed project is appropriate for this location since it will be in close proximity to other senior housing projects and the Cypress Senior Citizens Center. Moreover, the project site is close to commercial uses and public transit for convenient access to seniors. (3) The proposed project will help the City to satisfy its goals for the provision of very low and low income housing as identified in the Housing Element to the Cypress General Plan. (4) The proposed project will help the Cypress Redevelopment Agency satisfy its requirements to provide affordable housing for persons of low and very low income as established by State Redevelopment law. 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. 90 -25 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 10th day of December, 1990. OF THE C I1'Y OF CYPA'ESS 1 ATTEST: CITY 'CLERK OFF HE CITY-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 10th day of December, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CI OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -25 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. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. 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 eight foot (8') high block wall, measured from the highest adjacent finished grade, shall be constructed along the east and west property lines. A minimum six foot (6') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along the south property line. A retaining wall per City Standards shall be constructed and /or maintained 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. 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 and third floors requires a handicap ramp or elevator according to the Building and Safety Department. 5. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Coloney, Inc. (Phone: (714) 826 -8680) for specifications and procedures for prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. Exhibit "A" J6Ofiditinal Use Permit No. 90 -25 Conditions of Approval Page 2 6. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 7. 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. 8. Lincoln Avenue shall be fully improved with sidewalk repair, driveways, two driveway closures, etc. in accordance with City Standards. 9. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. The easterly drive approach on Lincoln Avenue shall be signed and marked for exit only. Said approach shall be designed and constructed to physically prohibit entry of vehicles to the site from Lincoln Avenue. The circular driveway shall be widened to a sufficient width in the area of the lobby entrance to allow for the temporary parking of cars and the movement of through traffic. 10. All utility services shall be underground. 11. No stopping or parking shall be allowed on Lincoln Avenue between and west of the two (2) new drive approaches per City requirements. 12. The vehicle turnaround area at the southeast corner of the site shall be signed and marked for "No Parking Anytime." Said turnaround area shall be modified as necessary if the east property line in this area is opened to vehicular and /or pedestrian access to the anticipated Senior Center /senior housing development to the east. 13. One 22,000 HPS street light shall be installed per Southern California Edison Company and City Standards. 14. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connecting existing build- ings at this property shall be plugged at the property line. Exhibit "A" Page 3 Conditional Use Permit No. 90 -25 PM Conditions of Approval , J 15. 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). - Advanced Street Light Energy Fees (For one -year period). - Grading Plan Check and Permit (Per Resolution 2964 and 3662). - All applicable Building Department Fees. 16. Applicant /developer shall comply with applicable provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes, 1987 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 17. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. 18. Type 5 cement shall be used for all foundations and slabs on grade. 19. All slabs on grade (including M -1 occupancies) shall be required to receive a minimum of a 10 mil. moisture barrier. 20. 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. 21. A soils investigation report shall be required prior to the issuance of grading permits. 22. An acoustical report prepared by an acoustical engineer shall be required. 23. Separate fencing shall be installed around the swimming pool and spa subject to the review and approval of the Building Official and the Planning Department. 24. An elevator lobby with one -hour construction and twenty (20) minute fire assembly on the door openings shall be required. 25. Dormer attic vents shall be required and shown on final architectural elevations for Planning Department approval. Exhibit "A" ;J SondiJonal Use Permit No. 90 -25 Conditions of Approval Page 4 26. Trash room shall be separated from the main building by one - hour construction with one -hour fire doors /gates. 27. 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. 28. Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved. Plans for an automatic fire extinguish- ing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a Certificate of Use and Occupancy per City ordinance. 29. Prior to the issuance of any building permits, construction details for any controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height, and means of emergency vehicle over -ride. 30. Prior to the issuance of any Certificates of Use and Occupancy, the private street shall be red curbed and posted "No Parking - -Fire Lane" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. 31. Applicant /developer shall provide turnaround or show turn- around area on site plan and install signage for "No Parking - -Fire Lane." 32. Onsite fire hydrants shall be provided. 33. The porte cochere minimum height shall be 13'6" for clearance. 34. A fire alarm system shall be required per Uniform Fire Code Article 14. 35. Prior to the issuance of building permits, the applicant shall enter into a covenant agreement with the Cypress Redevelopment Agency. This covenant agreement shall restrict the rental rate of eleven (11) units to 50% of the County of Orange median area income. This covenant shall be imposed for the life of the Redevelopment Plan (approximate- ly thirty -five (35) years) or until a written release is issued by the Cypress Redevelopment Agency. Exhibit "A" Conditional Use Permit No. 90 -25 Conditions of Approval Page 5 7 36. Trees planted along the Lincoln Avenue frontage shall be minimum 36" box size placed twelve feet (12') on center, or be of such size and spacing as determined by the Design Review Committee to be appropriate for the type of trees to be planted. 37. Windows for those units fronting on Lincoln Avenue shall be double glazed windows or the equivalent to reduce interior noise levels subject to the approval of the Building Official. 38. Prior to the issuance of building permits, the applicant shall submit a final security plan for the electronically controlled gate and door locking system to be approved by the Police Department and the Building Official. 39. 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. 40. All applicable conditions of Conditional Use Permit No. 90- 25 shall be complied with prior to occupancy of the subject building. 41. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 42. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 43. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall he satisfied prior to commencement of the business operation. Exhibit "A" Conditional Use Permit No. 90 -25 v+ Cpnditb4ons of Approval Page 6 44. 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. 45. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 46. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 47. A detailed landscape and automatic irrigation plan shall be submitted to the Planning Department for review and approval prior to issuance of building permits. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. 48. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 49. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 50. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 51. 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. 52. Security gate systems shall be equipped with a Knox box system providing access with a Knox submaster key for emergency access by police and fire services. The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Department prior to issuance of building permits. 53. Prior to the issuance of building permits, the applicant shall enter into a covenant agreement with the Cypress Redevelopment Agency restricting the age limit of project residents. The age of residents shall be restricted to a minimum of 62 years of age. Exhibit "A" Conditional Use Permit No. 90 -25 Conditions of Approval Page 7 9 54. Prior to the issuance of building permits, the applicant shall submit a plan for the installation and operation of an electronically controlled access gate for resident parking. This plan shall be reviewed and approved by the Design Review Committee. Revised 11/19/90