Resolution No. 6609104
RESOLUTION NO. 6609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 6 TO CONDITIONAL USE PERMIT NO. 91 -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 an amendment to an existing conditional
use permit in accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the
City of Cypress to allow the construction of a private park and replacement parking lot
improvements at an existing church located at 5100 Cerritos Avenue 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 amended 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 as 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 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 private park and parking lot improvements are
consistent with the objectives and standards of the City of Cypress Zoning
Ordinance and the Cypress Business and Professional Center Specific Plan.
(2) The City Engineer has reviewed the plans for the proposed
private park and parking lot improvements, and has determined that the
resulting modified onsite parking and vehicle circulation is adequate to
service the proposed activities associated with this accessory use in addition
to the existing church buildings and uses on the subject property.
(3) The proposed private park design would be aesthetically
compatible with the surrounding buildings and campus layout.
(4) The proposed occasional and off -peak use of the proposed
private park will not conflict with existing onsite church assembly operations,
nor will it conflict with surrounding off -site race track and business park
operations or traffic patterns. Further, the proposed parking lot
improvements will be compatible with the adjoining parking lots and vehicle
circulation patterns.
(5) In accordance with the provisions of the California
Environmental Quality Act (CEQA), the proposed accessory structure
qualifies for a Categorical Exemption, Class 3(e) and Class 4(b), which will
be filed for this project upon approval.
c. The proposed conditional use amendment will comply with each of
the applicable provisions of the Zoning Ordinance, as well as the applicable
Cypress Business and Professional Center Specific Plan.
105
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment No. 6 to Conditional Use Permit No. 91-
3, subject to the conditions attached hereto as Exhibit "A".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13t" day of March 2017.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
gAyde4-40R OF THE CITY OF CYPRESS
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 13th day of March, 2017, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Berry, Johnson, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
ABSTAIN: 1 COUNCIL MEMBERS: Peat
rottuoz 4A-diaml
CITY CLERK OF THE CITY OF CYPRESS
106
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 91-3
(Private Park & Parking Lot Improvements)
5100 Cerritos Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.4. All applicable conditions of the project shall be complied with prior to opening the new
park and parking areas for use. (Planning)
1.5. 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. (Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require another amendment to the conditional use permit.
(Planning)
2.2. 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. (Planning)
• Community Development Department • Planning Division •
107
Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
3. Architectural
Page 2
3.1. Architectural site plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final parking lot striping plan shall be submitted to City staff for review and
approval prior to painting. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage — N/A
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division 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 Public Works to
guarantee against defects in plant materials and workmanship for a period of one (1) year
from acceptance of the landscape installation. All required landscaping shall be
permanently maintained in a neat and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4. 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. (Planning)
5.5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
• Community Development Department • Planning Division •
108
Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
6. Operational
Page 3
6.1. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
7. Property Maintenance
7.1. 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. (Planning)
7.2. 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. (Planning)
7.3. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to
bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
Grading / On -Site (Non - Structural) Plan Check (Prior to submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit issuance)
Building Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
8.2. 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. (Planning)
9. Engineering
9.1. Prior to Final Project Approval, the applicant shall submit all grading plans per the Public
Works Standard Plans and specified design criteria. All plans shall be in ink on 24 inch by
36 inch Mylar with City title block on all sheets. (Engineering)
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets
Page 4
14.1. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the City Engineer. (Engineering)
15. Subdivisions — N/A
16. Traffic - N/A
17. Utilities — N/A
18. Drainage
18.1. Prior to issuance of grading permits, the applicant shall submit a grading plan for approval,
in ink, on Mylar, signed and stamped by a registered California civil engineer and using
actual grades from an Orange County Surveyor's Benchmark on a form acceptable to the
City Engineer. (Engineering)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the City
Engineer.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5 %, Concrete .2 %.
All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,
the applicant may obtain a drainage acceptance and maintenance agreement,
suitable for recordation, from the owner of said adjacent property.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
Page 5
All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
Submittal of a drainage study, when determined necessary by the City Engineer,
evidencing that proposed drainage patterns will not overload existing storm
drains.
Submittal of drainage studies, when determined necessary by the City Engineer,
indicating how the project grading, in conjunction with the drainage conveyance
systems including applicable swales, channels, street flows, catch basins, storm
drains, and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to Final Project Approval, the applicant shall submit a certified copy of the
approved Final Water Quality Management Plan along with the final approved Grading
Plan and all other supporting documentation on a Compact Disc in digital file format
acceptable to the City Engineer. (Engineering, Water Quality)
19.2. The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http:// www. ocwatershed .com/Documents/R84thterm.pdf. Said WQMP shall include
best management practices for source control, pollution prevention, site design, and low
impact development as well as structural treatment controls among many factors. Site
design for controlling urban runoff must first evaluate infiltration, then harvest and water
re -use, then evapotranspiration and only bio- treatment if the other three are not feasible.
Submittal and subsequent approval of the Preliminary Water Quality Management Plan
does not guarantee approval of the Final Water Quality Management Plan. Should the
final calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http:// www.ocwatersheds.com/WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the
Council of the revised site plan. Additionally, as required under the NPDES Permit,
attention is directed that the WQMP must identify a responsible party and implement
funding sources for maintaining any treatment controls as required as part of the
development and must ensure that appropriate easements and ownerships are properly
• Community Development Department • Planning Division •
f
1
Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
Page 6
recorded in public records and access is made available for inspection of said devices.
(Engineering, Water Quality)
19.3. Prior to Final Project Approval, the applicant shall clean all on site storm drain systems,
catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon direction of
the City Engineer, the applicant shall clean any public storm drain systems, catch basins,
filters, lines, inlet boxes that the City Engineer has determined have been impacted by
the applicant's construction. If clean-up is not performed, the City may make
arrangements to clean the system at developer's expense. (Engineering, Water Quality)
19.4. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will be used onsite to
control predictable pollutant runoff. The applicant's WQMP shall be in conformance
with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and
Technical Guidance Manual for reference, and the City's WQMP template for submittal.
This WQMP shall include the following:
Detailed site and project description
Potential stormwater pollutants
Post - development drainage characteristics
Low Impact Development (LID) BMP selection and analysis
Structural and Non - Structural source control BMPs
Site design and drainage plan (BMP Exhibit)
GIS coordinates for all LID and Treatment Control BMPs
Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Grading and
building plans must be consistent with the approved BMP exhibit. (Engineering, Water
Quality)
19.5. Prior to Final Project Approval, the applicant shall demonstrate compliance with the
City's NPDES Implementation Program in a manner meeting the satisfaction of the City
Engineer and Water Quality Manager, including:
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
• Community Development Department • Planning Division •
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112
Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
Page 7
Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP)
Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
- Demonstrate that the applicant has RECORDED one of the following:
•
•
The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
19.6. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
Implementation Program and State water quality regulations for grading and
construction activities. The ESCP shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to prevent transport into local drainage
ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP
shall also describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right -of -ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the
Building or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality)
19.7. The applicant shall place sufficient trash receptacles outside to collect trash generated by
its patrons. No less than one receptacle shall be provided. These shall be properly
maintained and not allowed to overflow. (Engineering, Water Quality)
19.8. The applicant shall construct new or modify its existing trash enclosure structure to
possess a solid covered roof that prohibits stormwater to enter and then discharge from
the enclosure. The applicant shall obtain all required permits from the Building
Department for construction and also obtain final inspection to ensure it meets the above
mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering,
Water Quality)
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
20. Building and Safety
Page 8
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. 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. (Building & Safety)
20.3. Prior to the issuance of a building permit, a security deposit of 3% of the valuation of the
project, with a minimum of $1,000 and maximum of $10,000, shall be provided to the
City to guarantee completion of the required construction and demolition waste
management plan and reporting. The security deposit shall be held by the City until a
final waste diversion report has been completed and approved. Failure to comply with
the diversion requirements set forth in the California Building and Cypress Municipal
Codes will result in forfeiture of the security deposit. Additional penalties and /or legal
action may be taken in the event of improper disposal of construction and demolition
waste or violation of the City's construction and demolition Ordinance. (Building &
Safety)
21. Security
21.1. Open parking lots, and access thereto, providing more than ten (10) parking spaces and
for use by the general public, shall be provided with a maintained minimum of one (1)
footcandle of light on the parking surface from dusk until the termination of business
every operating day. (Police Department)
21.2. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
• Community Development Department • Planning Division •
114
Exhibit "A"
Amendment to Conditional Use Permit No. 91 -3
Conditions of Approval
25. Fire
Page 9
25.1. All requirements of the Orange County Fire Authority (OCFA) shall be complied with for
the parking lot and access driveway improvements. (Planning)
Effective: 3 -13 -17
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
• Community Development Department • Planning Division •