Resolution No. 4192363
RESOLUTION NO. 4192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 93 -3 - 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 17,422 square foot commercial building into a church, located within an existing
commercial.center at 6381 Ball Road, within the CG Commercial General 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 as an area for the location of retail and wholesale
commercial activities. Public and Semi - Public uses such as churches
are permitted uses subject to a conditional use permit in this
commercial zone.
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) As conditioned, the onsite parking for the commercial uses and
the church use will be restricted to ensure adequate parking during the
commercial hours of operation.
(2) As conditioned, the church project will comply with the Noise
Element of the Cypress General Plan.
(3) As conditioned for parking, hours of operation, and noise, the
church is a compatible use for the subject property and surrounding uses.
(4) Approval of the church will result in interior and exterior
modifications which will upgrade the property.
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. 93 -3, 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 24th day of May , 1993.
MAYOR OF THE TY OF CYPRESS
1
3 ;Y t)
1EST:
CIT CLERK F THE ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 24th day of May , 1993, by the following roll call vote:
AYES: 5. COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI CLERK OF THE CITY OF CYPRESS
2
370
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -3
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
topography of the area surrounding this development shall be made to establish
existing drainage flow patterns. All onsite drainage conveyed to the street shall be
by means of an under - sidewalk 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 eight foot (8') high block wall, measured from the highest finished grade,
shall be constructed and /or maintained along the north property line(s). The
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. A retaining wall per City
standards shall be constructed at the property line where the finish 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. A minimum six foot (6') high block wall measured from highest adjacent
finish grade shall be constructed and /or maintained along the west property line.
4. 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.
5. 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.
6. Ball Road shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, two driveway closures, etc., in accordance with the City's Code requirement
of Streets. In addition, the second new Ball Road driveway from the west end of the
property, as illustrated on the site plan, shall be deleted.
Exhibit "A"
Conditional Use Permit No. 93 -3
Conditions of Approval
Page 3 '71
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 abutting driveways. No
landscaping in excess of three feet (3') high will be allowed in the area of the curb
returns.
8. 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.
9. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements.
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 onsite landscape plan. The type of
trees shall be as required by the City's street tree ordinance. Landscaping in 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 buildings at this property shall be plugged at the property
line.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Engineering Plan Check & 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 308).
Advanced Street Light Energy Fee (For one (1) year period).
Grading Plan Check and Permit (Per Resolution 2964 & 3662).
All applicable Building Department fees.
3r17
Exhibit "A"
Conditional Use Permit No. 93 -3
Conditions of Approval
Page 3
12. 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 s4. - 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. 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.
13. 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.
14. All applicable conditions of Conditional Use Permit No. 93 -3 shall be complied with
prior to occupancy of the subject building.
15. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
16. Utilities for Building "A" shall not be released until all conditions of approval have
been met to the satisfaction of the Planning Department.
17. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 93 -3 will require an amendment to the conditional
use permit.
18. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
19. 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.
20. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
Exhibit "A" Page 7 1
Conditional Use Permit No. 93 -3
Conditions of Approval
21. 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.
22. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
23. 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.
24. 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.
25. The developer shall provide an adequate number of trash enclosures onsite and at
a location acceptable to City staff.
26. Compact parking space aisles shall be denoted as such on the asphalt as "Compact
Only."
27. Parking for the handicapped shall be provided in accordance with State requirements.
28. 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. Said plans shall comply with the Cypress Water Efficiency
Landscape Ordinance No. 895. In addition, a bond shall be posted with the Public
Works Department to guarantee against defects in plant materials and workmanship.
29. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
30. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
31. All landscape areas adjacent to a street right -of -way shall contain a 3 to 1 berm.
32. The old existing pole sign located at the Ball Road frontage of the property shall be
removed. 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.
37 xhibit "A"
Conditional Use Permit No. 93 -3
Conditions of Approval
Page 5
33. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
34. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
35. 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.
36. The parking area shall be repaved and restriped upon completion of regrading
activities as required in Condition No. 2. 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.
37. 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.
38. 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.
39. The business hours of operation in relation to truck dock activity shall be limited
from 7 a.m. to 10 p.m. only on week days, and from 9 a.m. to 10 p.m. on Sundays and
Federal holidays. Late night or early morning deliveries shall be specifically
prohibited.
40. The church hours of operation shall be limited as follows: a maximum of three (3)
week nights from 7 p.m. to 9 p.m.; Saturday evenings from 5:30 p.m. to 9:30 p.m.;
Sundays from 8 a.m. to 6 p.m.; no more than five (5) major events (i.e., weddings or
funerals) per year, limited to Saturdays between 9 a.m. and 9:30 p.m.; and no more
than two (2) special activities per year (i.e., weekend retreats or one -week daytime
bible study courses).
41. The City Council shall maintain the right to review the church and commercial hours
of operation and may, subject to a public hearing, limit the business hours should
substantiated complaints be received that the hours of operation are creating an
adverse impact upon neighboring properties.
42. Uses adjacent to the residential areas to the north and west of the subject property
shall not be permitted to conduct business or hold office hours before 7 a.m. or after
10 p.m. daily.
Exhibit "A"
Conditional Use Permit No. 93 -3
Conditions of Approval
Page
43. If the second story windows located on the west elevation of Building "A" create a
privacy problem for adjacent property owners, measures shall be taken to resolve the
problem. These mitigation measures shall be subject to Design Review and may
consist of, but not be limited to, requirements for additional perimeter landscaping
and /or window coverings as determined appropriate by the Design Review
Committee.
44. An acoustical report shall be submitted with the plans for plan check prior to
issuance of building permits. Report shall meet all the requirements of the Uniform
Building Code and Title 24 of the State Administrative Code. The subject project
shall comply with the City Noise Element and Ordinance. As a "noise- sensitive land
use," the church building (Building "A ") shall provide acoustical protection to mitigate
the 65 decibel roadway noise from Ball Road.
45. 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.
46. Applicant /developer shall provide fire hydrant locations on site plan.
47. Applicant /developer shall provide one -hour construction /fire sprinklers throughout
the Building "A" structure.
48. Applicant /developer shall provide a fire alarm system in accordance with Chapter
6, Title 24 1991 ed.
49. Applicant /developer shall comply with all other applicable codes of the California
Building Code and California Fire Code.
50. 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.
51. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
52. 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.
37 exhibit "A"
Conditional Use Permit No. 93 -3
Conditions of Approval
53. Type 5 cement shall be used for all foundations and slabs on grade.
Page 7
54. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
55. If pedestrian passageway between the church (Building "A ") and the commercial area
(Building "B ") is open, then lighting shall be installed at entrances to the breezeway.
56. The thirty -four (34) required parking spaces for Building "B" shall be designated
"customer parking" in the area directly in front of Building "B" by painting the
pavement or signage placement.
57. The five (5) required parking spaces for Building "C" shall be designated "customer
parking" in the area directly in front of Building "C" by painting the pavement or
signage placement.
58. Building permits and a Certificate of Occupancy shall be obtained for all interior
improvement to Building "A" prior to occupancy of said building for the church use.
(Refer also to Condition No. 14)
59. Conditional Use Permit No. 93 -3 shall be sent to the Traffic Commission for
evaluation of a possible traffic signal at the intersection of Ball Road and Bernadette
Avenue. If a signal is warranted at this location at this time, or in the future, the
applicant shall pay for their portion of the improvements as determined on a fair
share basis.
60. Prior to issuance of building permits, the applicant shall post a bond (or equivalent
Certificate of Deposit or Letter of Credit to the satisfaction of the Director of Public
Works /City Engineer) for the cost of the improvements, and to guarantee the
completion of the improvements, required in Condition Nos. 2, 36, and 38 within
nine (9) months from the approval of Conditional Use Permit No. 93 -3.
Revised 5/10/93