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Resolution No. 3908RESOLUTION NO. 3908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 91-3 - 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 facility including a private elementary school (Grades K-6) located at 5100 Cerritos Avenue within the PS Public and Semi -Public 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 to 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 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 onsite. (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 91-3 subject to the conditions attached hereto as Exhibit 'A. PASSED AND ADOPTED by the City Council of the City of Cyyress at a regular meeting held on the llth day of March / ATTEST CITY CLflii76 T r' O ;CYPRESS STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) MAYOR OF THE CRY' OF CYPRESS 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 11th day of March 1991 by the following roll call vote' AYES NOES. ABSENT 5 COUNCIL MEMBERS Age, Kerry, Nicholson, Partin and Bowman O COUNCIL MEMBERS. None O COUNCIL MEMBERS None C /14 K6 "Y� CITY aF IT OF CYPRESS 1ao EXHIBIT 'A' CONDITIONAL USE PERMIT NO. 91-3 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 No. 90-245 shall be recorded prior to issuance of Building Department Permits 2 Upon separate ownership shall be recorded and governing joint use and drainage, onsite parking, of Parcels, reciprocal easements agreements filed with the City maintenance of drive approaches, irrigation system, etc 3. 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. 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%) 4 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 5 The developer shall provide adequate 'No Parking' controls within the development and appropriate No Parking - Fire Lane signs shall be installed along the main drive aisles per California Vehicle Code 422658, to the satisfaction of the City Engineer and County Fire Marshal The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer Onsite traffic circulation shall be subject to the approval of the City Engineer ;xhibit A dodddtional Use Permit No. 91-3 Conditions of Approval 6 Wheelchair and handicapped access facilities installed onsite and offsite in accordance with California and City of Cypress Public Works and Department standards. 7 Installation of Cable T V shall be subject to Ordinance No. 726 Prior to construction, the shall contact Copley/Coloney Inc. (Phone• (714) for specifications and procedures for prewlre building and installation of the service wiring. permits shall be obtained at the City Page 2 shall be State of Building the City developer 826-8680) of the Necessary 8. 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. 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. Cerritos Avenue shall be fully improved with driveway closure, two (2) new drive approaches, restriping for left - turn pockets at new drive approaches, etc. in accordance with City standards. A Traffic Signal Modification Plan shall be done for the intersection of Cerritos and Moody All costs for the design, engineering, and construction of traffic signal improvements at said intersection shall be the responsibility of the developer The design of the drive approach and restriping of Moody Street at said intersection shall be a part of the Traffic Signal Modification Plan. 11 The quantity location, width, and type of driveways shall be subject to the approval of the City Engineer The two (2) left -turn lanes exiting the property onto Cerritos Avenue shall have a minimum length of eighty feet (80 ) 12 The drive aisle adjacent to the south classroom building shall have a minimum width of thirty-four feet (34 ) and an adjacent five feet (5 ) wide planter on its west side The drive aisle adjacent to the church administration building shall have a width of twenty-four feet (24 ) The northwest corner of the intersection of the above two (2) drive aisles shall have a curb radius of twenty-five feet (25 ) No landscaping in excess of three feet (3 ) high will be allowed in the area of the curb returns Adequate sight distance shall be maintained within the development at all Exhibit A Conditional Use Permit No. 91-3 Conditions of Approval Page 3fr 1a J driveway intersections to the satisfaction of the City Engineer 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 13 A twenty-four foot (24 ) minimum wide drive aisle shall be striped between the race track entrance on Walker Street and the entrance gate to the north church parking lot to the satisfaction of the City Engineer Areas designated for reciprocal parking between the church and race track shall be striped to the satisfaction of the City Engineer 14 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 15 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. 16 FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS. - Engineering Plan Checking and Inspection Fee (Per Resolution 2964) - 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 3662) - Traffic Impact Mitigation Fee (Per Ordinance 778 current fee Resolution) - All applicable Building Department Fees and and 17 The Cypress Business and Professional Center Mitigation Monitoring Program shall be complied with, as outlined in said program. 18. 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 Exhibit A CohWsional Use Permit No. 91-3 Conditions of Approval Page 4 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. 19 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 20 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. 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 22 An automatic fire sprinkler system, approved by the Fire Marshal shall be installed. 23. 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 24 Type 5 cement shall be used for all foundations and slabs on grade 25 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 Exhibit A Conditional Use Permit No. 91-3 Conditions of Approval Page lam 26 Prior to the recordation of a final tract 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 and approved by the Chief 27 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. 28. 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. 29 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 30 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 31 Prior to the issuance of Occupancy the private street 'No Parking --Fire Lane as Section 10 207 in a manner County Fire Chief any Certificates of Use and shall be red curbed and posted per 1988 Uniform Fire Code meeting the approval of the 32 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 33 Portions of all structures appear to be beyond 150 for Fire Department access. All requirements of the Orange County Fire Marshal s Office shall be complied with prior to a Certificate of Occupancy being issued. Exh AS A Con fional Use Permit No. 91-3 Conditions of Approval Page 6 34. School structures shall be classified as E-1 Occupancy per Uniform Building Code. 35 Fire alarm systems shall be required in all school buildings, assembly occupancy buildings. 36 Exits from sanctuary shall not exit into exit corridor per Uniform Building Code 33176. 37 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. 38. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department 39 Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 91-3 will require an amendment to the conditional use permit. 40. The applicants shall comply with all necessary requirements of the California Department of Social Services, County of orange Health Department, County of Orange Fire Marshal s Office, and the City of Cypress Building and Planning Departments prior to operation of the pre-school. 41 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 42 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. 91-3 Conditions of Approval Page 7 43. 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. 44. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 45 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 46 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 47 The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff 48. Compact parking space aisles shall be denoted as such on the asphalt as 'Compact Only 49 Parking for the handicapped shall be provided in accordance with State requirements 50 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. 51 Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director 52 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. 53 All landscaped areas adjacent to a street right-of-way shall contain a 3 to 1 berm. 54 Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas Exhibit- rA Conditf6nal Use Permit No. 91-3 Conditions of Approval Page 8 55 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. 56 All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 57 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 58 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 59 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. 60 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 61 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 62 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 63 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 measur?s specified in the report have been incorporated with the design of the project. Exhibit A Conditional Use Permit No. 91-3 Conditions of Approval Page'4'' 64 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. 65 The City Council shall maintain the right to review the church s hours of operation and may subject to a public hearing, limit the hours should substantiated complaints be received that the hours are creating an adverse impact upon neighboring properties 66 If the second and third story windows create a privacy problem for adjacent property owners, measures shall be taken to resolve the problem. These mitigation measures shall be subject to Design Review and may consist of but not be limited to, requirements for additional perimeter landscaping and/or window coverings as determined appropriate by the Design Review Committee 67 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. 68. The applicant shall comply with all applicable conditions of Tentative Parcel Map No. 90-245 69 The applicant/developer shall comply with all applicable development standards for Planning Area 8 of the Cypress Business and Professional Center Specific Plan. 70 The applicant shall comply with all applicable conditions of Relocation Permit No. 91-1 subject to City Council approval 71 To the extent required, the developer shall pay the City of Los Alamitos a Traffic Mitigation Contribution fee of one dollar ($1 00) for each square foot of new building construction in accordance with Paragraph 7 b of the Cypress Business and Professional Center Traffic Mitigation Agreement Exh}b,lit A Conbitional Use Permit No. 91-3 Conditions of Approval Page 10 72. In accordance with Condition 11 of Tentative Parcel Map No. 90-245 Conditional Use Permit No. 91-3 shall be subject to approval of an amendment to the Cypress Business and Professional Center Development Agreement No. 90-1 Said amendment shall include a provision that in the event of a change of use or sale of the race track property a reconfiguration of Parcel 2, acceptable to the City shall be required. Said amendment shall be approved within ninety (90) days of approval of Conditional Use Permit No. 91-3. 73. The applicant/developer shall comply with the Landmark Tree Guidelines as provided in Section VII D. of the Cypress Business and Professional Center Specific Plan. 74 Phase II plans for the sanctuary building and the interior conversion of the auditorium building shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. Revised 2/25/91