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Resolution No. 3693RESOLUTION NO. 3693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -32 - 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 142 Unit extended stay Homewood Suites Hotel located at the southeast corner of Cerritos Avenue and Camden Drive. 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 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 because this project complies with the General Plan and the Cypress View Limited Specific Plan land use. (2) The proposed location of the conditional use and conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (3) The proposed conditional use will comply with each of the applicable provisions of this ordinance in that it meets all design standards and specifications of the PC -5 Zone. 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 -32, 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 12th day of February 1990. YO OF THE �l CITY OF CYPRES ATTEST: CIT CLERK F HE CITY/0 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 12th day of February 1990, by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel COUNCIL MEMBERS: None COUNCIL MEMBERS: Age )//:g CITY CLERK 17e4 THE CI OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -32 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. 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. 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. 4. 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. 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. Camden Drive shall be fully improved with driveway, sewer manhole grade adjustment and finish AC paving patch in the area of the sewer manhole, etc., in accordance with City standards. Exhibit "A" Conditional Use Permit No. 89 -32 Conditions of Approval Page 2 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. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. Transportation management action plan is now being prepared by the City. The developer shall participate in the TSM plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The developer shall participate in these programs on an equivalent basis with all other City designated participants within the business park. The developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefits district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contemplated above does occur, the assessment shall, at the City's discretion, be pro -rata within assessment /benefit area (area of benefit and method of spreading the assessment to be determined by the City at its discretion), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regulations. 10. Street trees (15 gallon) forty feet (40') on center shall be installed in back of public sidewalk on Cerritos Avenue and in back of curb on Camden Drive 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. Exhibit "A" Conditional Use Permit No. 89 -32 Conditions of Approval Page 3 11. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. 12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & Inspection Fee (Per Resolution 2964). - 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. 13. Prior to the recordation of a final tract /parcel map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. 14. 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. 15. Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. 16. Prior to the issuance of any building permits, plans for an automatic 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. (CM7 -28II) Exhibit "A" Conditional Use Permit No. 89 -32 U Conditions of Approval Page 4 18. On -site fire hydrants will be required to provide required fire flow. 19. Parts of buildings 8 -5 and D -6 are beyond one hundred and fifty feet (150') of Fire Department access. Provide access and show on site plan. 20. Follow Title 19 and 24 of California Code of Regulations regarding entry for "A" occupancy. Elevators will need to have elevator lobby. 21. 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. 22. 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. 23. The applicant /developer shall comply with all provisions of the City Code. 24. All applicable conditions of Conditional Use Permit No. 89 -32 shall be complied with prior to occupancy of the subject building. 25. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 26. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. Exhibit "A" Conditional Use Permit No. 89 -32 Conditions of Approval Page 5 27. 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. 28. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 29. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 89 -32 becoming effective. 30. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -32 will require an amendment to the conditional use permit. 31. 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. 32. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 33. 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. 34. Balconies shall not exceed six feet (6') in width with one dimension. 35. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 36. 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. 37. 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. Exhibit "A" Conditional Use Permit No. 89 -32 "r Conditions of Approval Page 6 38. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 39. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 40. Parking for the handicapped shall be provided in accordance with State requirements. 41. 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. 42. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 43. 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. 44. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 45. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 46. 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. 47. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 48. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 49. 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. Exhibit "A" Conditional Use Permit No. 89 -32 Conditions of Approval Page 7 50. 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. 51. 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. 52. 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. 53. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Army Airfield. 54. Occupancy within any motel /hotel rooms by one individual shall not exceed a thirty (30) day period per calendar quarter. The applicant shall make the guest register and all necessary records available for monitoring by City staff. 55. Conditional Use Permit 89 -32 shall not be permitted to allow transitory or long term residential use. Such use will violate approval and cause Conditional Use Permit No. 89 -32 to be rescinded unless approved by City Council. 56. A security plan shall be submitted and approved by the Design Review Committee prior to Certificate of Occupancy.