Resolution No. 4111173
RESOLUTION NO. 4111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 92-15 - 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
9,000 square foot church building 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. 92 -15, 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 28th day of September , 1992.
ATTEST:
CITY CL ' K OF E CITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
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 28th day of September , 1992, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF CYPRESS
179
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-15
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
2. 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 in landscape
areas. 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 %).
3. A minimum six foot (6') high block wall, measured from the highest adjacent finished
grade, shall be constructed and /or maintained along the east property line. The
property line 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.
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.
4. 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.
5. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Coloney, 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.
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.
Exhibit "A"
Conditional Use Permit No. 92 -15
tqt4Otions of Approval
Page 2
7. Lincoln Avenue and Cypress Street shall be dedicated and fully improved with curb,
gutter, sidewalk, driveway, paving, etc., in accordance with the City's Master Plan of
Streets. Lincoln Avenue shall have a total right -of -way width of one - hundred and
twenty feet (120') with an additional seven foot (7') wide tree planting and public
utility easement on each side of the street. The developer shall post a cash deposit or
bond with the City for the estimated cost of future public improvements.
8. 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 Lincoln Avenue and Cypress Street.
No landscaping in excess of three feet (3') high will be allowed in the area of the curb
returns. Adequate sight distance also shall be maintained within the development at
all driveway intersections to the satisfaction of the City Engineer.
9. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
10. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the on -site landscape plan. The type of trees shall be as
required by the City's street tree ordinance.
11. 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.
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).
- Grading Plan Check and Permit (Per Resolution 2964 and 3662).
- All applicable Building Department Fees.
13. 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 (§ 2100 gt . - including but not by way
Exhibit "A"
Conditional Use Permit No. 92 -15
Conditions of Approval
Page 15
of limitation §§ 21152 and 21167). City shall promptly notify the developer of any
claim, action, or proceeding brought within this time period. City shall further
cooperate fully in the defense of the action and should the City fail to either promptly
notify or cooperate fully, developer shall not thereafter be responsible to defend,
indemnify, or hold harmless the City.
14. The Lincoln Avenue entrance to the site shall only be open on Sundays during church
service hours, and on Wednesdays, holidays, and special services including weddings
and funerals. A traffic control device, subject to review and approval of the City
Engineer, shall be installed at the Lincoln Avenue entrance (restricting access onto
Lincoln Avenue) prior to issuance of Certificate of Occupancy.
15. Additional signage approved by City staff shall be provided on the north elevation of
the sanctuary building prohibiting the use of Lincoln Avenue as an exit.
16. All applicable conditions of Conditional Use Permit No. 92 -15 shall be complied with
prior to occupancy of the subject building.
17. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
18. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
19. 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.
20. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 92 -15 will require an amendment to the conditional use
permit.
21. 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.
22. Wheelchair and handicapped access facilities shall be installed on -site and offsite in
accordance with State of California and City of Cypress Public Works and Building
Department standards.
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.
1 phibit "A"
onditional Use Permit No. 92 -15
Conditions of Approval
Page 4
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 heatin& 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 developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
29. Compact parking space aisles shall be denoted as such on the asphalt as "Compact
Only."
30. Parking for the handicapped shall be provided in accordance with State requirements.
31. 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.
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. 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.
34. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
35. A comprehensive sign program 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.
36. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
37. 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.
38. 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.
39. 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.
Exhibit "A"
Conditional Use Permit No. 92 -15
Conditions of Approval
Pagj 3
40. 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.
41. 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.
42. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
43. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
•
44. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
45. Type 5 cement shall be used for all foundations and slabs on grade.
46. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
47. Applicant /developer shall use fire retardant shingles for the roof, if applicable.
48. 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.
49. 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.
The site plans shall indicate the locations of two (2) fire hydrants.
50. Prior to the issuance of any building permits, all underground piping for automatic fire
extinguishing systems shall be approved and installed. 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 Certificate of Use and Occupancy.
51. 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.
52. Prior to the issuance of any Certificates of Use and Occupancy, the private street shall
be red curbed and posted "No Parking - -Fire Lane" as per 1988 Uniform Fire Code
Section 10.207 in a manner meeting the approval of the County Fire Chief.
53. The applicant /developer shall provide a two (2) hour separation between the B1 and
A3 occupancies.
Exhibit "A"
nditional Use Permit No. 92 -15
Conditions of Approval
Page 6
54. 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.
55. Subject to Fire Department approval, the one hour fire corridor shall be locked at all
times.
56. Minimum distance between new curb line and security gate shall be a minimum of
twenty -three feet (23').
Revised 9/14/92