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Resolution No. 6173 118 RESOLUTION NO. 6173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2008-03 - 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 4.19.070 of the Zoning Ordinance of the City of Cypress to construct a 196 square-foot building addition onto an existing flood control pump station facility located at 4363 Ball Road 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 in accord with the objectives of the Zoning Ordinance and the purpose of the PS Public and Semi- Public Zone in which the site is located, which is: Intended for public uses other than street rights-of-way. 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 existing public utility use (flood control pump station) is a conditionally permitted use in the PS Zone where it is located. (2) The proposed restroom and office addition to the existing public use is compatible with the surrounding flood control retarding basin and residential uses. The subject facility is not permanently manned and the proposed building addition area would only be manned during periodic maintenance or flood event monitoring activities. (3) The design of the proposed building addition would be consistent with the style and materials of the existing facility pump station building. The one-story building addition would also be compatible with the adjacent one-story and two-story residential structures located adjacent to the east property line. (4) Sufficient access and parking is provided onsite at the existing flood control pump facility to accommodate the service personnel visiting the site. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for the associated Variance No. 2009- 02. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2008-03, subject to the conditions attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Counci f the City of Cypress at a regular meeting held on the 11th day of January, 2010. • 1\ ov o1M;% MAYOR OF THE CITY OF CYPRESS 119 ATTEST: ktt vae, &LO-LJl/ CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, 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 January, 2010, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None iou-doe_ 60246t. CITY CLERK OF THE CITY OF CYPRESS 120 EXHIBIT "A" CONDITIONAL USE PERMIT NO.2008-03 4363 BALL ROAD CONDITIONS OF APPROVAL NOTE: Regular text denotes standard conditions of approval. Bolded conditions represent those specific to this project. GENERAL CONDITIONS 1. Unless and until the project applicant and property owner sign and return a City-provided affidavit accepting these conditions of approval, there shall be no entitlement of the application. The project applicant and property owner shall have fifteen (15) calendar days to return the signed affidavit to the Community Development Department. Failure to do so will render City Council action on the application void. 2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions,or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 et sec. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. 3. 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. 4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 6. All applicable conditions of Conditional Use Permit No. 2008-03 shall be complied with prior to occupancy of the subject building. • Community Development Department•Planning Division • 121 Exhibit "A" Page 2 Conditional Use Permit No. 2008-03 Conditions of Approval 7. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk- Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,\Title 14,section 753.5. If, within such forty-eight (48) hour period, the applicant/developer has not delivered to the Community Development Department the check required above,the approval for the project granted herein shall be void. 8. Any and all correction notice(s) generated through the plan check and/or inspection process is/are hereby incorporated by reference as conditions of approval and shall be fully complied with by the owner, applicant and all agents thereof. ENGINEERING CONDITIONS 9. Disabled access facilities shall be installed in accordance with the requirements of the Federal Americans with Disabilities Act(ADA)and State of California Title 24. 10. 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. 11. Ball Road shall be fully improved with new ADA compliant drive approach, sewer lateral connection, etc.,in accordance with the City's Code requirement of Streets. 12. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 109. 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. 13. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connected to existing buildings at the property shall be plugged at the property line. 14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution No. 6118,except as otherwise noted below): • Public Works Plan Check&Inspection (Per Resolution 5069). • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09). STORMWATER QUALITY CONDITIONS 15. Prior to issuance of the Certificate of Occupancy for the building, Developer shall clean the storm drain system, catch basins, filters, storm drain lines, inlet boxes, etc. If clean- up is not performed, the City may make arrangements to clean the system at the developer's expense. • Community Development Department•Planning Division • 122 Exhibit "A" Page 3 Conditional Use Permit No. 2008-03 Conditions of Approval COMMUNITY DEVELOPMENT CONDITIONS 16. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2008-03 will require an amendment to the conditional use permit. 17. 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. 18. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 19. 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. 20. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 21. 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. 22. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director and shall be adequately screened from view with plant materials. 23. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through Consolidated Disposal Services. 24. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 25. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 26. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. • Community Development Department •Planning Division • 123 Exhibit "A" Page 4 Conditional Use Permit No. 2008-03 Conditions of Approval 27. Security gate systems. shall be equipped with a Knox box system providing access with a Knox submaster key for en rgency access by police and fire services. 28. 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 graffiti which threatens the appearance. 29. 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. 30. 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. 31. 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. 32. The access door to the office and restrooms facing the service road and adjoining single-family residences to the east shall remain closed during all hours of service operations at the pump station facility. 33. Should substantiated complaints be received, this conditional use permit may be modified and/or revoked, subject to a public hearing. 34. Grading and exterior building construction activities shall be limited to the hours of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building construction and tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday, only if the City's noise standards are exceeded. No construction activity shall be allowed on Sundays or federal holidays. In addition, construction equipment shall be equipped with effective muffling devices. Compliance with this measure is subject to field inspection by City staff. 35. Mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. The use of such devices for such purposes is prohibited at all other times. • Community Development Department•Planning Division • 124 Exhibit "A" Page 5 Conditional Use Permit No. 2008-03 Conditions of Approval BUILDING CONDITIONS 36. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007 — California Administrative Code,Title 24, and the Code of the City of Cypress. 37. Type 5 cement shall be used for all foundations and slabs on grade. 38. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 39. Construction bins for non-recyclable and recyclable materials generated from any construction site (residential and non-residential) must be placed "on site" out of the public right-of-way unless a permit is obtained from the Public Works Department. 40. Prior to final certificate of occupancy, as required by California State Health and Safety Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm copies of the approved plans on standard aperture cards, to serve as the official file copy of the approved building plans. In lieu of microfilm, the applicant can provide plans on CD rom with self-loading software or other format approved by the building official. Effective: 1-11-2010 • Community Development Department •Planning Division •