Resolution No. 40094 •)
RESOLUTION NO 4009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91 13 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
senior citizens recreation center located at 9031 Grindlay Street in 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 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.
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 this ordinance and the purpose of the zone in which the site is
located because this project is an allowed use under this zone.
(2) 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 materially injurious to properties or
improvements in the vicinity in that the use provides an excellent buffer from
the existing commercial center.
(3) The proposed conditional use will comply with each of the
applicable provisions of this ordinance, as this project meets all development
standards.
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. 91-13, 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 November 1991.
1
MAYOR OF THE CITY OF CYPRESS
438
AFIEST
r y
CITYCLERK OF 'THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
1, 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 November 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
CITY CLERIC OF THE CITY OF CYPRESS
2
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 91 13
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. A parcel map shall be recorded
prior to issuance of a Certificate of Occupancy.
2. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive
approaches, drainage, onsite parking, with existing senior housing and
ingress/egress access to proposed senior housing on Parcel 2, 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. Onsite drainage conveyed to the street shall be by means of
undersidewalk drains. All landscaped areas shall have a slope gradient of one
percent (1%) minimum lot. In parking areas, A.C. shall have a minimum slope
gradient of one and one-half percent (1.5%), and concrete shall have a minimum
slope gradient of two-tenths percent (.2%).
4. The developer shall construct a twenty foot (20') wide paved fire access to the
existing senior housing west of this site per Orange County Fire Department
requirements. All requirements of the Orange County Fire Marshal's Office shall
be complied with prior to Certificate of Occupancy being issued.
5. 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.
6. 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
7 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.
8. 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.
Exhibit A
Conditional Use Permit No. 91 13
Conditions of Approval
Page 2
_n
9 Grindlay Street shall be fully improved with driveway, etc. in accordance with City
standards.
10. 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 Grindlay Street. No
landscaping in excess of three feet (3') high will be allowed in the area of the curb
returns.
11. All utility services shall be underground.
12. Onsite traffic circulation shall be subject to the approval of the City Engineer. All
two-way drive aisles shall have a minimum width of twenty-four feet (24') and shall
be signed and striped, as directed by the City Engineer. Areas designated for
reciprocal parking between the senior center and senior housing shall be striped to
the satisfaction of the City Engineer.
13. Ten (10) parking spaces shall be provided and clearly marked fo reciprocal parking
between the senior center and senior housing. These spaces shall be provided along
the southwest portion of the property.
14. Street trees (15 gallon) forty feet (40') on center shall be installed in conformance to
the street tree policy of the Public Works Department. The type of trees shall be as
required by the City's street tree ordinance.
15. 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.
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 and 3662).
All applicable Building Department Fees.
17 The applicant/developer shall comply with all provisions of the City Code.
18. All applicable conditions of Conditional Use Permit No. 91-13 shall be complied
with prior to occupancy of the subject building.
19 Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
Exhibit hA
CondittArr&Wse Permit No. 91-13
Conditions of Approval
Page 3
20. 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.
21. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 91-13 will require an amendment to the conditional
use permit.
22. 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.
23. 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
24. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
25. 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.
26. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
27 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.
28. 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.
29 The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
30. Compact parking space aisles shall be denoted as such on the asphalt as 'Compact
Only.
31. Parking for the handicapped shall be provided in accordance with State
requirements.
32. Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size
and of a variety approved by the Planning Director.
33. 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. 91 13
Conditions of Approval
Page 4
34. 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.
35. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
36. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
37 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.
38. Parking lot surfaces and pedestrian walkways shall he 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.
39 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.
40. 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.
41. Applicant/developer shall comply with applicable provisions of the 1988 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
42. An automatic fire sprinkler system, approved by the Fire Marshal, shall he installed.
43. 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.
44. 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.
45. 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.
Exhibit A
Conditional Use Permit No. 91-13
Conditions of Approval
Page 5
46. 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 override. Installation of controlled
entry access will have an impact on emergency vehicle response times.
47 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.
48. 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.
49 Type 5 cement shall be used for all foundations and slabs on grade.
50. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
51. Applicant/developer shall use fire retardant wood shingles for the roof.
52. A soil investigation report shall he 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.
53. Within forty-eight (48) hours of the approval of this project, the applicant/developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the
City to file the Certificate of Fee Exemption in accordance with Fish and Game
Code Section 753.5 with the Notice of Determination required under Public
Resources Code Section 21152 and Title 14 of the California Code of Regulations.
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.
Effective 9/23/91