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Resolution No. 3843RESOLUTION NO. 3843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 90 -23 AND AMENDMENT TO SPECIFIC PLAN NO. 89 -1 - 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 renovate a former golf course and construct an interim club house facility adjacent to the Los Alamitos Race Track and an application to amend Section VI.E.1. of the Cypress Business and Professional Center Specific Plan No. 89 -1 to allow PS Public /Semi - public uses on Planning Area 6 designated for professional office /hotel and support commercial uses. The subject property is located on Katella Avenue west of Walker Street in the Cypress Business and Professional Center, PS Public /Semi - Public and PBP Planned Business Park Zones. 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 permit adequate identification of areas reserved and developed for public uses other than street rights-of -way, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. Additionally, this zone permits limited uses as a matter of right while allowing for the diversification of land uses as they relate to each other in a physical and environmental arrangement within the general parameters of a business park setting, while insuring substantial compliance with the provisions of this ordinance. 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 golf course is a permitted use in the PS Public Semi - Public General Plan and zoning designations. (2) The proposed golf course is consistent with the Cypress Business and Professional Center Specific Plan No. 89 -1 including Amendment to Specific Plan No. 89 -1. (3) The proposed golf course represents full restoration of a former golf course on the same site. (4) The proposed golf course would represent a significant open space and recreational resource for the City as identified in the Open Space, Conservation and Recreation Element to the General Plan. 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 -23 and Amendment to Specific Plan No. 89-1 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 29th day of October, 1990. DD Y R OF THE CITY OF CYPRE ATTEST :. CITY CLERK T HE CITY � 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 29th day of October, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: NOES: o COUNCIL MEMBERS: ABSENT: o COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age None None CITY CLERK OF THE CIIJY OF CYPRESS 42t, EXHIBIT "AR CONDITIONAL USE PERMIT NO. 90 -23 AND AMENDMENT TO SPECIFIC PLAN NO. 89 -1 AMENDED CONDITIONS OF APPROVAL ADOPTED BY CITY COUNCIL ON OCTOBER 15, 1990 (this page revised 10/18/90] 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. Approval of Conditional Use Permit No. 90 -23 shall be contingent on receipt by the City Engineer of properly prepared and executed Parcel Map No. 90 -241. Upon separate ownership of Parcels, reciprocal easements shall be recorded and agreements filed with the City governing drainage, onsite parking, irrigation system, etc. No further easements or agreements are necessary, until and unless the ownership of Planning Areas 1,6 and 7 ceases to be held by the same entity, at which time all necessary easements and agreements required for access, parking and irrigation shall be obtained and recorded in a form approved by the City Engineer. 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 topographic map 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. 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. All proposed structural improvements shall remain clear of the forty -two foot (42') wide area of Lexington /Denni Street offered for dedication to the City of Cypress. 4. All appropriate Mitigation Measures /Conditions of Approval of the Mitigation Monitoring Program for the Cypress Business and Professional Center shall be complied with. Said conditions shall include, but not be limited to, the following: a. A geological study shall be performed for the site pursuant to Mitigation Measure No. 2. b. A storm drain system shall be constructed and flood protection measures implemented pursuant to Mitigation Measure Nos. 4 and 6, and per the approval of the City Engineer. c. DELETED Exhibit "A" CUP 90 -23 and Amendment to Specific Plan 89 -1 Adopted by City Council 10/15/90 Page 2 d. Participation in the Cypress Business Park Transportation System Management (TSM) plan shall be required pursuant to Mitigation Measure No. 38. e. A bus turnout shall be installed on the north side of Katella Avenue, west of Midway Drive, pursuant to Mitigation Measure Nos. 39, 40, 41, and 42. f. The Vessel's home shall be relocated or razed at the discretion of the City pursuant to Mitigation Measure No. 46. g. Landmark trees shall be retained onsite pursuant to Mitigation Measure No. 49. Minimum size of replacements for landmark trees shall be forty -eight inch (48 ") box. As an incentive for the applicant to relocate landmark trees on the site, instead of replacing them, those landmark trees that do not survive transplanting will be replaced by trees with minimum box sizes of twenty -four inches (24 "). h. The Development shall comply with SCAQMD's Regulation XV in accordance with Mitigation Measure No. 55. i. Overhead utility services on the north side of Katella Avenue adjacent to the golf course shall be installed underground pursuant to Mitigation Measure No. 79. j Water supply and conservation measures shall be provided pursuant to Specific Plan Mitigation Measures 72, 73, 74, and 75. 5. Wheelchair and handicapped access facilities shall be installed on -site and offsite in accordance with State of California and City of Cypress Public Works and Building Department standards. 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. Katella Avenue shall be fully improved with eight foot (8') wide sidewalk in back of curb, street lights on Marbelite standards per Edison Company requirements, etc., in accordance with City standards. 426 Exhibit "A" CUP 90 -23 and Amendment to Specific Plan 89 -1 Adopted by City Council 10/15/90 Page 3 8. Existing fencing at the southeast corner of Cerritos Avenue and Denni Street shall be removed. New replacement fencing shall be installed such that it will not create a sight distance obstruction to vehicles, to the satisfaction of the City Engineer. 9. The location, width, and type of drive approach on Katella Avenue shall be subject to the approval of the City Engineer. 10. 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. 11. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. 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 (which definition includes hotel, golf course and club house sites and /or facilities). 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. 425 Exhibit "A" CUP 90 -23 and Amendment to Specific Plan 89 -1 Adopted by City Council 10/15/90 Page 4 • [this page revised 10/18/90] 12. The sewer plan for any necessary golf course structures shall be submitted for approval by the City Engineer, prior to the issuance of the final grading permit for the golf course. The sewer plan for the club house shall be submitted for approval by the City Engineer, prior to the issuance of the final grading permit for the club house site. Unused sewer laterals connecting existing buildings at this property shall be plugged at the property line. 13. 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. 14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Checking and Inspection Fee (Per Resolution 2964). - Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3, Resolution 303, and Mitigation Measure Nos. 18 and 19). - Advanced Street Light Energy Fees (For period). one -year - Grading Plan Check and Permit (Per Resolution 2964 and 3662). - Traffic Impact Mitigation Fee (Per Ordinance 778 and current fee Resolution and Mitigation Measure Nos. 18 and 19). - All applicable Building Department Fees. - No drainage fees will apply to this approval. 15. Prior to the issuance of building permits for a club house facility, the applicant shall proceed under one of the following alternatives: a. For construction of an interim 4,500 square foot club house facility as provided under this conditional use permit, the applicant shall submit a precise site plan, elevations, and a landscape plan to be reviewed and approved by the Design Review Committee. L1JI Exhibit "A" CUP 90 -23 and Amendment to Specific Plan 89 -1 Adopted by City Council 10/15/90 Page 5 b. For construction of a permanent 15,000 square foot club house facility which does not include the concurrent construction of a hotel complex, the applicant shall be required to apply for an amendment to this conditional use permit. Plans shall include a precise site plan, floor plans, elevations, and a landscape plan. c. For construction of a permanent 15,000 square foot club house facility which includes concurrent development of a hotel complex, the applicant shall apply for the hotel and club house facility under a separate conditional use permit. 16. Section VI.E.1. second paragraph (Page VI -9) of the Cypress Business and Professional Center Specific Plan shall be amended to add a last sentence to read as follows: "In addition, all uses of the PS zoning as referred to in Section VI.B herein shall be permitted." 17. 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. 18. Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved. Plans for an automatic fire extinguishing 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. 19. The maintenance building shall conform to Articles 79 and 80 of the Uniform Fire Code for storage of flammable/ combustible liquids and hazardous materials. 20. Onsite fire hydrant in maintenance area is required to be within 150' of structure. 21. 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. 4131 Exhibit "A" CUP 90 -23 and Amendment to Specific Plan 89 -1 Adopted by City Council 10/15/90 Page 6 22. 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. 23. The applicant /developer shall pay to the City of Los Alamitos a Traffic Mitigation Contribution fee of one (1) dollar for each square foot of new building construction in accordance with Paragraphs 7.b and 7.b(4) of the Cypress Business and Professional Center Traffic Mitigation Agreement. The mitigation fee payable to the City of Los Alamitos does not apply to new buildings on Planning Areas 1 and 7 of the golf course, except if the first hotel for the Specific Plan property is built there. In that event, the fee shall apply to it pursuant to Paragraph 7.b(4) of the Cypress Business and Professional Center Traffic Mitigation Agreement. An offset credit shall be given for every square foot of temporary new construction which is subsequently replaced by permanent construction.