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Resolution No. 3983RESOLUTION NO 3983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 91-11 - 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 convert an existing single -story motel/apartment building into a church facility located at 5271 Lincoln Avenue in the CH -10 000 Commercial Heavy 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 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 commercial developments 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 91-11 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 9th day of September 1991 MAYOR OF THE CITY OF CYPRESS - 1 - ATTEST• CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE I DARRELL ESSEX, HEREBY CERTIFY that the a regular meeting of the of September 1991 by AYES NOES ABSENT' City Clerk of the City of Cypress DO foregoing Resolution was duly adopted at said City Council held on the 9th day the following roll call vote 5 COUNCIL MEMBERS Age, Kerry Nicholson, Partin and Bowman 0 COUNCIL MEMBERS None 0 COUNCIL MEMBERS None Z Q CITY CLERK OF THE C TY OF CYPRESS EXHIBIT A CONDITIONAL USE PERMIT NO 91-11 CONDITIONS OF APPROVAL 1 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 from rear lot line to the street In parking areas A C shall have a minimum slope gradient of two percent (2%) and concrete shall have a minimum slope gradient of two-tenths percent ( 2%) 2 Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards 3 Installation of Cable T V shall be subject to City Ordinance No 726 Prior to construction, the developer shall contact Copley/Colony 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 4 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 5 Lincoln Avenue and Cypress Street shall be dedicated and fully improved with curb, gutter sidewalk, and driveway in accordance with the City's Standards 6 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 and Cypress Street No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns $K, It "A" 0g1aditional Use Permit No 91-11 Conditions of Approval Page 2 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 At such time as this property redevelops the current owner shall dedicate an additional seven feet (7') of additional right-of-way along Lincoln Avenue 9 Street trees (15 gallon) forty feet (40') on center shall be installed in back of the 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 Landscaping in the public right-of-way shall be maintained by the developer 10 A sewer plan shall be submitted for approval by the City Engineer Unused sewer laterals connecting existing houses at this property shall be plugged at the property line 11 FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS - Engineering Plan Checking and Inspection Resolution 2964) Fee (Per - 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 12 The applicant/developer shall comply with all provisions of the City Code 13 All applicable conditions of Conditional Use Permit No 91- 11 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 Exhibit "A Conditional Use Permit No 91-11 Conditions of Approval Page 3 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 Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No 91-11 will require an amendment to the conditional use permit 18 All business activity shall occur within the building Temporary use permits may be granted for outdoor activity in accordance with Section 13 of the Cypress Zoning Ordinance. 19 Adult supervision (over 21 years of age) shall be maintained on the business premises at all times 20 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 Access to the second floor requires a handicap ramp or elevator according to the Building and Safety Department 21 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 22 Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits 23 Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 24 The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff 25 Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only 26 Parking for the handicapped shall be provided in accordance with State requirements Exhibit "A cofidj.bLonal Use Permit No 91-11 Conditions of Approval Pn4e 4- 27 27 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 28 Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director 29 Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas 30 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 31 All product and material storage shall occur within the building Exterior storage is specifically prohibited 32 Outside public address speakers telephone bells buzzers and similar devices which are audible on adjoining properties are hereby prohibited 33 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 34 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 35 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 36 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 Exhibit A" Conditional Use Permit No 91-11 Conditions of Approval Pige `j _r u 37 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 38 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 39 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 40 Type 5 cement shall be used for all new foundations and slabs on grade 41 All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil moisture barrier 42 Applicant/developer shall use fire retardant roofing materials 43 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 44 This conditional use permit is granted for a period not to exceed three (3) years Prior to the start of new construction or at the end of the three year time period, the applicant shall reapply for a new conditional use permit 45 The driveway located on Lincoln Avenue shall be gated at all times Access is for Fire Department purposes only A Knox box shall be installed per Police Department standards E>S413it "A" Cohdational Use Permit No 91-11 Conditions of Approval 46 A caretaker unit may be conditional use permit 47 A sign program shall be review and approval Revised 8/27/91 provided submitted Pdge 6 in conjunction with this to the City Council for