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Resolution No. 36108L RESOLUTION NO. 3610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -12 - 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 allow construction of a church consisting of a building approximately 10,000 square feet and a parking agreement with the adjacent property owner in order to fulfill the necessary parking requirements for a church use located at 5961 Ball Road. 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 proposed church development is consistent with the objectives and standards of the City of Cypress Zoning Ordinance. (2) Adequate access and parking will be provided through a joint use parking agreement with the adjacent property owner. (3) The church facility will be compatible with surrounding residential and commercial development. 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. 89 -12, 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 14th day of August 1989. ,�� • OF THE CITY OF CY ESS ATTEST: CITY CLERK 0 E CIT OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 14th day of August 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Arnold CITY CLERK F THE TY OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -12 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. Parcel Map 88 -332 shall be recorded prior to issuance of Building Department Permits. 2. Upon separate ownership of Parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 3. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink of Mylar, signed by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark shall be submitted for approval. 4. Wheelchair and handicapped access facilities shall be installed onsite and off -site in accordance with State of California and City of Cypress Public Works Department standards. 5. A copy of the conditions, covenants, and restrictions (C,C &R's) covering the development shall be submitted to the City staff and City attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C,C &R's so that the development will not become a liability to the City at a later date. 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. Ball Road shall be fully improved with two driveways, sidewalk repair, street light and power pole relocation, etc., in accordance with City standards. Left turns out of the common driveway (easternmost) shall not be permitted. Exhibit "A" Page 2 Conditional Use Permit No. 89 -12 8. 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. 9. 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. 10. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: A. Engineering Plan Check & Inspection Fee (Per Resolution 2964). B. Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). C. Grading Plan Check and Permit (Per Resolution 2964 & 3269). D. All applicable Building Department fees. 11. All applicable conditions of Parcel Map No. 88 -332 shall be complied with prior to occupancy of the subject building. 12. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 13. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 14. 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. 15. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -12 will require an amendment to the conditional use permit. 16. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning Ordinance. 17. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. Exhibit "A" Conditional Use Permit No. 89 -12 Page 3 18. 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. 19. 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. 20. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 21. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 22. 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. 23. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 24. 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. 25. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 26. 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. 27. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 28. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. Exhibit "A" Page 4 Conditional Use Permit No. 89 -12 29. 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. 30. 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. 31. 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. 32. 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. 33. This conditional use permit shall not become effective until the applicant submits a proposed parking plan for approval by the Planning Department. This plan shall describe how the applicant intends to meet the minimum parking requirements. Such a plan must include a signed copy of an easement agreement, shared parking agreement, and alternate plan with a ninety (90) day notice of termination clause. 34. The easement and 13 off -site spaces shall be completed on the adjacent property prior to occupancy of the church in order to insure that the required parking is completely provided. The 13 off -site spaces shall be required to be relocated at the time the adjacent site is developed, if relocating the spaces facilitates better design. 35. Days and operation of the church use may be modified by the City Council, subject to a public hearing, if expansion of the days and hours of operation cause substantial parking problems with the uses on the adjacent property. 36. Preschool or private school operations have not been approved as part of this conditional use permit and would require a separate public hearing before the City Council. 37. The height of the building shall not exceed the fifty (50) foot height limit. The cross or any incidental appurtenances shall not extend higher than 10% of the allowable adjustment for the height which shall be limited to a total of fifty -five (55) feet. Exhibit "A" Page 5 Conditional Use Permit No. 89 -12 38. 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. 39. 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. 40. The applicant /developer shall comply with applicable provisions of the 1985 Uniform Building Code, Uniform Plumbing and Mechanical Codes, 1987 National Electrical Code, California State Title 24 Energy and Handicapped Requirements, and Cypress City Code. 41. The maximum height for exterior perimeter walls shall be six (6) feet high.