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Resolution No. 35603F -1 RESOLUTION NO. 3560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88 -21 - 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 a mixed use commercial building and apartment complex at 6292 Lincoln Avenue. 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: Commercial Heavy Zone To provide appropriately located areas for establishments 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. Lincoln Avenue Combining (Overlay Zone) To promote a revitalization of the commercial areas on Lincoln Avenue and thereby enhance the economic base of the City. To improve the image of the City by providing an aesthetically pleasing environment along Lincoln Avenue. To expand opportunities for the development of identified deep lots by providing a means for the establishment of a variety of urban uses in conjunction with commercial projects. 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 project is a commercial building and apartment complex located in the Commercial Heavy /Lincoln Avenue Combining Zone which allows for a combination of commercial and residential uses. The project is consistent with the goals and objectives of the Cypress General Plan and Zoning Ordinance. (2) The proposed land use and design of the project is compatible with the surrounding properties. (3) There are adequate public services and utilities in the area to accommodate the project. Lincoln Avenue, a fully improved major arterial, is adequate in size to accommodate the proposed traffic to be generated by this project. (4) Adequate onsite parking shall be provided for the residents and clients of both the apartment complex and commercial building. (5) The proposed projects meet the development standards and design standards subject to the conditions imposed. (6) The proposed project will result in five density bonus units which will provide affordable housing for a period of ten (10) years which will further the goals of the Cypress Housing Element. 35 &O-2- c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of April 1989. ATTEST: CITY CLERK OF T OY CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYO F THE CITY OF CYPRESS 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 24th day of April 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY' CLERK OF THE CIS OF CYPRESS 459 April 12, 1989 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88 -21 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 topograph 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. In parking area, AC shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2%). 3. The commercial portion of the development shall drain to Lincoln Avenue and the remainder of the development shall drain southerly into a storm drain system to be conveyed to the Cypress College storm drain system. 4. A minimum eight -foot (8') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along all property lines of the residential portion of this development. 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. 5. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed along the driveway per California Vehicle Code No. 22658, to the satisfaction of the City Engineer and County Fire Marshal. 6. 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. 460 - 2 - 7. Installation of Cable T.V. shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Colony, 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. 8. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 9. 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. 10. Lincoln Avenue shall be fully improved with curb, gutter, sidewalk, driveway, etc., in accordance with City standards. 11. 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. 12. One street tree (15 gallon) 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 tree shall be as required by the City's street tree ordinance.' 13. 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. 14. Fees required for improvements are as follows: Engineering plan check 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 308). Grading plan check and permit (per Resolutions 2964 and 3269). All applicable Building Department fees. 481 - 3 - 15. 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 shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 16. Prior to the issuance of any building permits, plans for a commercial fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 17. 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 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. 18. Fire hydrants shall be in locations satisfactory to the Fire Department. 19. One hour fire wall construction shall be required throughout the residential building to provide alternate means and method of compliance for access problems. 20. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 21. 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. 22. 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 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. 23. Compact parking space aisles shall be denoted as such on the asphalt as "Compact only." 24. The business hours of operation in relation to truck delivery for commercial use shall be limited from 7 a.m. to 7 p.m. only, on Monday through Saturday. Late night or early morning deliveries shall be specifically prohibited. 462 - 4 - 25. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 26. 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 any defects in plant materials and workmanship. 27. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 28. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 29. The City Council shall maintain the right to review the commercial use 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. 30. 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. 31. 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. 32. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 33. Balconies shall not exceed six feet (6') in width with one dimension. Balconies shall not encroach into the required setbacks. 34. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 35. The developer shall enter into a written agreement with the City Council outlining the terms of the Density Bonus Policy prior to issuance of any building permits. 433 - 5 36. 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. 37. Office buildings and uses adjacent to residential areas shall not be permitted to conduct business or hold office hours before 7 a.m. or after 9 p.m. daily. 38. The project must meet the requirements of the 1985 Uniform Building, Plumbing, and Mechanical Codes; and the 1987 National Electric Code. 39. Dense landscaping shall be included in the landscape plans to screen the west elevation. 40. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscape areas. 41. Air conditioning units shall be screened from public view and location of units shall be approved by the Planning Department prior to issuance of a building permit. 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. The parking spaces unit. Handicap and 44. The property shall trash and debris. permitted uses are enclosures. • shall be assigned and numbered for each guest parking shall be clearly marked. be maintained free of accumulation of Trash and debris associated with the to be stored solely in designated trash 45. The following security measures shall be required for the residential building: a. Vehicle access control gate (full gate - not drop arm). b. Installation of see - through fencing materials (i.e., wrought iron bars or wire grates) around the perimeter to restrict pedestrian entry. (Note: Hinged and lockable panels of the fencing material can be used to satisfy Fire Department requirements of large structures where additional emergency exiting is desired.) 464 - 6 - c. Lockable gates /doors leading to exterior of structure (remain locked from exterior). d. Open stairwells, not enclosed which would restrict visibility. e. Elevators clearly visible with no enclosed, nonvisible lobbies. f. Vandal resistant lighting averaging five footcandles of light on the surface with a minimum of two footcandles in the parking bay at vehicle bumper height. Closed circuit television and /or audible listening devices in large parking areas where security forces are (or could be) utilized. g. 46. Fire sprinklers are required for both the commercial and residential buildings, to the satisfaction of the Building and Fire Departments. 47. A geotgechnical report is required which shall include a determination of the water table level prior to Building Department submittal. If said report demonstrates a water table level or any other condition that would cause modifications to the project in which the building height would exceed thirty feet (30') above building pad level, consideration of an Amendment to Conditional Use Permit No. 88 -21 shall be required, with a public hearing before City Council. 48. The subterranean parking shall have a minimum vertical clearance area which can accommodate entrance and parking for vans and campers. The developer shall submit plans depicting the slope of the parking entrance and the interior clearance height for review by the Planning Department and Building Division. 49. Lockable storage bins shall be located above each tenant parking space in the subterranean parking garage. The placement of said bins shall be such that they do not obstruct the usable parking space. 50. For rent signs shall not proliferate the site. Any sign advertising rent for a vacant apartment shall be subject to design review. No A -frame signs shall be permitted.