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Resolution No. 388258 RESOLUTION N0. 3882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -31 - 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 develop a 10,245 square foot commercial building, twelve (12) new condominiums, and to convert thirty (30) existing apartments to condominiums located at 6292 -6302 Lincoln Avenue in the CH /LC Commercial Heavy /Lincoln Avenue Combining Zone. 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 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. Additionally, this zone is intended 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; and 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 combined commercial and uses will be located within the CH /LC Commercial Heavy /Lincoln Avenue Combining Zone and are consistent with that zoning. (2) The proposed project is compatible with surrounding residential uses. (3) The project complies with all minimum development standards for building setbacks and parking. (4) The project entrance off of Lincoln Avenue provides adequate access and circulation for residents and commercial customers. 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 -31 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 28th day of January , 1991. MAYOR OF THE CITY OF CY RESS ATTEST: CITY CLERK OF THE CITY'OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 28th day of January , 1991, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None OF X, O CITY CLERK OF TH E CIT CYPRESS J `J EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -31 AND TENTATIVE TRACT MAP NO. 14445 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 and Zoning Ordinances shall be satisfied. A condominium parcel map and the C,C &R's for the project shall be recorded prior to the entering of escrow on the first sale of any unit or issuance of Certificate of Occupancy, whichever occurs first. 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. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. All lots shall have a slope gradient of one percent (1 %) minimum in landscape areas. 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. 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 finished 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 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. Exhibit "A" Conditional Use Permit No. 90 -31 and Tentative Tract Map No. 14445 Conditions of Approval Page 2 6 t. 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 and Building Department standards. 7. 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. 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, driveway closure, two street lights per Edison Company requirements, 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. 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 onsite landscape plan. The type of trees 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. Exhibit "A" Conditional Use Permit No. 90 -31 and Tenta y Tract Map No. 14445 -Condiglons of Approval 14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Page 3 - Engineering Plan Checking and Inspection Fee (Per Resolution 2964). - Recreation and Parks Fee (Per Ordinance 769) for the condominium portion of the development. - Drainage Fee for Master Drainage Plan (Per Resolution 2287). - Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3, Resolution 303). - Grading Plan Check and Permit (Per Resolution 2964 and 3662) . - All applicable Building Department Fees. 15. 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. 16. The quantity, location, width, and type of driveways shall be subject to approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. 17. Street lights shall be installed per City standards and shall be dedicated to the City. 18. 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. 19. 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 Exhibit "A" Page 4 Conditional Use Permit No. 90 -31 and 6"� Tentative Tract Map No. 14445 Conditions of Approval 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. 20. All applicable conditions of Conditional Use Permit No. 88- 21 shall be complied with prior to occupancy of the thirty (30) unit building. 21. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 22. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 23. 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. 24. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 25. 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. 26. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -31 will require an amendment to the conditional use permit. 27. All business activity shall occur within the commercial building. Temporary use permits may be granted for outdoor activity in accordance with Section 13 of the Cypress Zoning Ordinance. 28. 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. 29. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. Exhibit "A" Conditional Use Permit No. 90 -31 and Tent i9We Tract Map No. 14445 CondiYi$ns of Approval Page 5 30. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 31. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 32. 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. 33. 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. 34. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 35. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 36. Parking for the handicapped shall be provided in accordance with State requirements. 37. 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. 38. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 39. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 40. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. Exhibit "A" Conditional Use Permit No. 90 -31 and Tentative Tract Map No. 14445 Conditions of Approval Page 6 41. 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. 42. All product and material storage shall occur within the commercial building. Exterior storage is specifically prohibited. 43. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. Prior to the issuance of building permits for any habitable building proposed for construction within the 60 CNEL contour from the Los Alamitos Army Airfield, the project proponent shall submit to the City of Cypress an acoustical analysis report. The report shall describe the acoustical design features of the structures required to satisfy the Airport Environs Land Use Plan and State interior noise standards along with evidence that the sound attenuation measures specified in the report have been incorporated with the design of the project. Exhip "A" -Cond ` onal Use Permit No. 90 -31 and Tentative Tract Map No. 14445 Conditions of Approval Page 7 50. 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. 51. The south access doors to the business premises facing the walkway and adjoining single - family residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. 52. Office buildings and uses adjacent to residential areas shall not be permitted to conduct business or hold office hours before 6 a.m. or after 10 p.m. daily. 53. Exterior building materials, treatments, and colors be shall be complimentary within the project. The final elevations shall also be subject to revisions and approval by the Planning Department. 54. A telephone shall be provided next to the two guest parking spaces outside of the security gate. This area shall include sufficient security lighting. 55. A locked entry /fire exit gate shall be installed at the west end of the sidewalk behind the commercial building. 56. The condominiums shall comply with the Federal Housing Handicapped regulations. 57. Separate fencing shall be installed around the swimming pool area subject to the approval of the Building Official and the Planning Department. 58. Separate fencing shall be installed around the courtyard playground area. 59. Within forty -eight (48) hours of the approval of the project, the applicant /developer shall deliver to the Planning Department a check payable to the County Clerk in the amount of One- Thousand- Two - Hundred - Seventy -Five Dollars ($1,275.00), which includes the One- Thousand - Two - Hundred- Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty -Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty -eight (48) hour period the applicant /developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void. Exhibit "A" Conditional Use Permit No. 90 -31 and Tentative Tract Map No. 14445 Conditions of Approval Page 8 60. 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. 61. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed in all structures. 62. Type 5 cement shall be used for all foundations and slabs on grade. 63. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 64. A soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, grading, paving, sulfate test and other pertinent information under good engineering practice. 65. An acoustical report shall be submitted with the plans for plan check. Report shall meet all the requirements of the Uniform Building Code and Title 24 of the State Administrative Code. 66. 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. 67. 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. 68. 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. 69. Prior to the issuance of any building permits, construction details for any controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height, and means of emergency vehicle over -ride. Exhibit "A" Conditio 4} Use Permit No. 90 -31 and Tentativb�.ract Map No. 14445 Conditions of Approval Page 9 70. 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 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. 71. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Standard. On private property, these markers are to be maintained in good condition by the property owner. 72. If substantiated complaints are received, a public hearing shall be held and this conditional use permit may be modified or revoked. 73. Any additional low- income units shall be reported to the City of Cypress Planning Department. Revised 1/15/91