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Resolution No. 404212 RESOLUTION NO. 4042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -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 to amend 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 two - story, 9,329 square foot church located at 4872 Bishop Street 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 amended 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, the Lincoln Avenue Combining 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 amended 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 project is consistent with the mixed land use provisions of the CH /LC Commercial Heavy /Lincoln Avenue Combining Zone. (2) The proposed church project, subject to conditions of approval, will be compatible with adjacent residential uses. (3) The proposed church project meets all minimum development standards, except those addressed under Variance No. 91 -6. c. The proposed amended 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 Amendment to Conditional Use Permit No. 89 -13, subject to the conditions attached hereto as Exhibit "A." PASSED AND ADOP'IED by the City Council of the City of Cypress at a regular meeting held on the 27th day of January , 1992. 1 MAYOR OF THE CITY OF CYPRESS ATTEST: 13 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 27 th day of January , 1992, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kerry and Nicholson NOES: o COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Partin CITY CL R OF THE ITY OF CYPRESS 2 14 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-13 AND VARIANCE NO. 91-6 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. 2. Prior to the issuance of building permits, the applicant shall submit engineering drawings to the City Engineer showing pad elevations, pad certifications and soils reports as prepared by a civil engineer. 3. A minimum seven foot (7') high block wall, measured from the highest adjacent finished grade, shall be constructed and /or maintained along the south, east, and west property lines. These property lines shall have a single block wall only and the developer shall obtain, and submit to the City, the written permission or denial of the adjacent property owner(s) for the removal of their existing block walls. Where an existing block wall is removed, the developer shall provide suitable temporary fencing for all adjacent properties during construction of the perimeter walls. The applicant shall submit to the Building Official structural calculations of the existing block wall prepared by a licensed civil engineer. If the calculations demonstrate the feasibility of adding on to the existing wall, the applicant may do so in lieu of constructing a new wall. 4. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed. 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. 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. 7. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Bishop Street. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. The westerly drive approach on Bishop Street shall be signed and marked for exit only. Said approach shall be designed and constructed to physically prohibit entry of vehicles to the site from Bishop Street. 8. All utility services shall be underground. 9. Street lights shall be installed per Southern California Edison Company and City Standards. Traffic signs shall be installed per City Standards. Exhibit "A" Amendment to Conditional Use Permit No. 89 -13 and Variance No. 91 -6 Page 2 10. Street trees (15 gallon) fifty -two feet (52') 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. 11. 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. 12. 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). - Advanced Street Light Energy Fees (For one -year period). - All applicable Building Department Fees. 13. 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. 14. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. 15. 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. 16. Type 5 cement shall be used for all foundations and slabs on grade. 17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 18. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable. 19. 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. 20. An additional fire hydrant shall be installed subject to the review and approval of the Orange County Fire Marshal. 21. Final architectural and structural plans shall note the following: a) Type of construction; b) occupancy classifications; c) Square footages; and d) Occupancy load. 16 Exhibit "A" Amendment to Conditional Use Permit No. 89 -13 and Variance No. 91 -6 Page 3 22. All applicable conditions of Amendment to Conditional Use Permit No. 87 -13 shall be complied with prior to occupancy of the subject building. 23. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 24. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 26. 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. 27. Final architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 28. 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. 29. 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. 30. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 31. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 32. Parking for the handicapped shall be provided in accordance with State requirements. 33. 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. A five foot (5') wide landscape planter shall be installed along the west property line. Minimum 36 -inch box trees shall be planted twenty feet (20') on center. Ficus Fridea, Cypress Leylandii or comparable screening trees may be used subject to review and approval by the Planning Department. 34. The second story windows shall be treated to allow for adequate light but shall prohibit the view.