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Resolution No. 3666e) 'T, f RESOLUTION NO. 3666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -27 - 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 construct a church /social hall and parsonage /caretakers unit located at 5900 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 under which it would be operated to the public health, safety or properties or improvements in the the conditional use and the conditions or maintained will not be detrimental welfare or be materially injurious to vicinity in that: (1) The proposed location of the conditional use is in accord with the objectives of this ordinance and the purpose of the zone in which the site is located because this project is an allowed use under this zone. (2) The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the pubic health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that the use provides an excellent buffer from the existing commercial center. (3) The proposed conditional use will comply with each of the applicable provisions of this ordinance, as this project meets all development standards. c. The proposed conditional use will comply with each of .he 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 -27, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City of Cypress at a 1990. regular meeting held on the 8th day of January MA eR •F THE CITY OF CY ATTEST: CITY CLER tre CITY F 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 8th day of January 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 .4P CITY CLERK OF THE CITY EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -27 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. A Parcel Map to consolidate two existing parcels into one shall be recorded prior to issuance of Building Department Permits. 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 two percent (2 %), 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 finish grade, shall be constructed maintained along the west property line. The west property line shall have a single block wall only and the developer shall obtain, and submit to the City, the written permission or denial of the adjacent property owner(s) for the removal of their existing block walls. Where an existing block wall is removed, the Developer shall provide suitable temporary fencing for all adjacent properties during construction of the perimeter wall. 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. Wheelchair and handicapped access facilities shall be installed on -site and off -site 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. 5. 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. Exhibit "A" Conditional Use Permit No. 89 -27 Conditions of Approval Page 2 6. Ball Road shall be dedicated and fully improved with new driveway, modification of existing shared driveway and underwalk drain at east property line, street tree, etc., in accordance with the City standards. 7. 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. 8. 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. 9. Street trees (15 gallon) forty feet (40') 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. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Final Subdivision Map Filing Fee (Per Resolution No. 2964. - Engineering Plan Check & Inspection Fee (Per Resolution 2964).2287). - Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3, Resolution 308). - Grading Plan Check and Permit (Per Resolution 2964 & 3269) . - All Applicable Building Department Fees. 11 A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. Exhibit "A" Conditional Use Permit No. 89 -27 Conditions of Approval Page 3 12. The applicant /developer shall comply with all provisions of the City Code. 13. All applicable conditions of CUP No. 89 -27 shall be complied with prior to occupancy of the subject building. 14. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 15. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 16. 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. 17. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 18. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -27 will require an amendment to the conditional use permit. 19. 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. 20. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 21. 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. 22. 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 -27 234 Conditions of Approval Page 4 23. 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. 24. The transformer boxes and water valves shall be placed i.n locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. 25. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 26. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." • 27. Parking for the handicapped shall be provided in accordance with State requirements. 28. 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 defeats in plant materials and workmanship. 29. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 30. 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. 31. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 32. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 33. 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. Exhibit "A" Conditional Use Permit No. 89 -27 Conditions of Approval Page 5 34. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 35. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 36. 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. 37. 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. 38. 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. 39. 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. 40. The west property line planter shall be landscaped with screening trees (minimum 24" box) fourteen feet (14') on center, Cypress Leylandii or similar tree, subject to Design review. 41. The gymnasium doors, located on the west side of the building, shall be closed at all times during periods of activities.