Resolution No. 3916RESOLUTION NO. 3916
A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of CYPRESS
APPROVING CONDITIONAL USE PERMIT N0. 91-4 - 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 multi -phased church facility including a
private elementary school (Grades K-6) located at 5400 Cerritos Avenue within
the PBP-25A Planned Business Park 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 for the classification and development of
parcels of land as complete, comprehensive and integrated
projects so as to take advantage of the superior environment
which can result from large scale community planning, and
thereby reduce adverse environmental impacts of uncoordinated
development. In addition, it permits limited uses as a matter
of right while allowing for the diversification of land uses as
they relate to each other in a physical and environmental
arrangement within the general parameters of a business park
setting while insuring substantial compliance with the
provisions of this ordinance It also provides for a zone
encompassing various types of land uses such as educational
professional and administrative offices, commercial centers
industrial parks, open space or any public or semi-public use
or combination of uses through 1) established zoning mechanisms
and criteria as set out in the PS (Public/Semi-Public) Zone' or
2) the adoption of a specific plan and text materials which set
forth land use relationships and development standards
b The proposed location of
under which it would be operated
to the public health safety or
properties or improvements in the
the conditional use and the conditions
or maintained will not be detrimental
welfare or be materially injurious to
vicinity in that
(1) The proposed church development is consistent with the
objectives and standards of the City of Cypress Zoning Ordinance
and of the Cypress Business and Professional Center Specific Plan
(2) Adequate access and parking will be provided through a
reciprocal parking and access agreement
(3) The church facility will be compatible with surrounding
residential and commercial development
c The proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance except for approved
variances or adjustments
NON THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No 91-4 subject to the
conditions attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Cypyess at a
regular meeting held on the 25th day of March 19,
1
MAYOR OF THE CITU OF CYPRESS
ATTEST
le
CITY CLEkK"6f E CITY Q CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
1 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 25th day of March 1991 by the following
roll call vote
AYES 4 COUNCIL MEMBERS. Kerry,Nicholson, Partin and Bowman
NOES 0 COUNCIL MEMBERS. None
ABSENT 1 COUNCIL MEMBERS. Age
2
Y CLERK 0 THE CITY OF
CIT CYPRESS
EXHIBIT 'A'
CONDITIONAL USE PERMIT NO. 91-4
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. 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 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
4 Installation of Cable T V shall be subject to the City
Ordinance No. 726 Prior to construction, the developer
shall contact Copley/Colony 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
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 A11 appropriate Mitigation Measures/Conditions of Approval
of the Mitigation Monitoring Program for the Cypress
Business and Professional Center shall be complied with.
Said conditions shall include, but not be limited to, the
following:
a. An Orange County Sanitation District Master Plan
analysis and construction agreement shall be undertaken
per Condition No. 16a.
Exhibit A
Conditional Use Permit No. 91-4
Conditions of Approval
Page 2
b. Cerritos Avenue shall be widened twelve feet (12 ) and
Walker Street shall be widened two feet (2 ) in
accordance with Condition No. 20.
c Intersection improvements at the intersections of
Cerritos Avenue and Los Alamitos Boulevard, Katella
Avenue and Bloomfield Street, and Katella Avenue and Los
Alamitos Boulevard shall be installed in accordance with
Condition Nos 23, 24, and 25.
d. The traffic signals at the intersection of Cerritos
Avenue and Walker Street shall be modified per Condition
No. 31
e Left -turn access to the property shall be by left -turn
pockets approved by the city Engineer per Condition No.
33
f Participation in the Cypress Business Park
Transportation System Management (TSM) plan shall be
required pursuant to Condition No. 38.
g.
Landmark trees shall be retained on the site in
accordance with Condition No. 49
h. A mainline sanitary sewer shall be constructed in Walker
Street in accordance with Condition No. 59
i The existing overhead utility lines along the west side
of Walker Street shall be installed underground, and a
cash deposit for future undergrounding of utility lines
along Cerritos Avenue shall be deposited with the City
per Condition No. 79
7 Walker Street shall be fully improved in accordance with
the Mitigation Monitoring Program and said improvements
shall include installation of eight feet (8 ) wide bike
trail, and street lights per City and Edison Company
standards The Walker Street driveway shall be signed to
prohibit left turns into or out off the church site. When
phase 2 is constructed, said driveway shall be relocated to
the south property line of the development and shall provide
shared access with the adjacent southerly development.
Meandering public bike trails and sidewalks shall be
constructed in fully dedicated easements.
8. The quantity location, width, and type of driveways shall
be subject to the approval of the City Engineer 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 Onsite traffic circulation shall be subject to
the approval of the City Engineer
Exhibit A
Condpit„i.enal Use Permit No. 91-4
Condltons of Approval
Page 3
9 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
10 Transportation Systems Management (TSM) measures shall be
encouraged for all developments in the Business Park. The
developer shall participate in the TSM plan adopted by the
City for the Business Park and shall participate in a
Transportation Management Association (TMA) formed by
landowners in the Business Park with the assistance of the
City and its consultants. The developer shall participate
in these programs on an equivalent basis with all other City
designated participants within the Business Park.
The developer waives for himself his successors and
assigns, the right to protest the formation of an assessment
district, major thoroughfare benefits district or other
financing district deemed necessary or appropriate by the
City to facilitate the imposition and collection of traffic
impact mitigation improvement fees or otherwise finance the
construction of the traffic impact mitigation improvements
Such 'fimprovements shall include, but not be limited to,
arterial street widenings, traffic signal system
modifications, grade separation structures or other major
intersection improvements.
In the event that the formation of an assessment district,
major thoroughfare benefit district or other financing
district as contemplated above does occur the assessment
shall at the City s discretion, be pro -rata within
assessment/benefit area (area of benefit and method of
spreading the assessment to be determined by the City at its
discretion) less commercial/retail areas. The area of
benefit and method of spreading the assessment will be
determined by the City at its discretion and in accordance
with applicable laws and regulations
11 Street trees (15 gallon) forty feet (40 ) 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 Landscaping in public right-of-way shall be
maintained by the developer
12 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.
Exhibit A
Conditional Use Permit No. 91-4
Conditions of Approval
Page 4 j
13. The developer shall comply with all requirements of the FAA
should any portion of the development encroach within the
100 to 1 imaginary surface surrounding the Los Alamitos Air
Base Encroachment within the 50 to 1 approach surface will
require approval by the FAA.
14 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 and Mitigation Measure Nos. 7 and 63)
- Sanitary Sewer Connection Fee (Per Orange County
Sanitation District No. 3, Resolution 303 and Mitigation
Measure No. 60)
- Advanced Street Light Energy Fees (For one-year period)
- Grading Plan Check and Permit (Per Resolution 2964 and
3662)
- Traffic Impact Mitigation Fee (Per Ordinance 778 and
current fee Resolution and Mitigation Measure Nos. 18
and 19)
- All applicable Building Department Fees.
15 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
16 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
Exhibit A
Condtt3opal Use Permit No. 91-4
Cond tions of Approval
Page 5
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 The applicant shall obtain a Cypress business license 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. 91-4
will require an amendment to the conditional use permit.
21 The applicants shall comply with all necessary requirements
of the California Department of Social Services, County of
Orange Health Department, County of Orange Fire Marshal s
Office and the City of Cypress Building and Planning
Departments prior to operation of the preschool
22 Handicap access to the second and third floors shall be
provided by a handicap ramp or elevator according to the
Building and Safety Department.
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
26 Office buildings adjacent to residential areas shall not be
allowed to construct balconies.
27 Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic
Exhibit A
Conditional Use Permit No. 91-4
Conditions of Approval
Page 6
28. 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
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.
34 Unless otherwise specified, all required trees shall be a
minimum 15 -gallon in size and of a variety approved by the
Planning Director
35 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.
36 All landscaped areas adjacent to a street right-of-way shall
contain a 3 to 1 berm.
37 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.
38. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
13
Exh14L A
Conditional Use Permit No. 91-4
Conditions of Approval
Page 7
39 Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
40 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.
41 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
42 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.
43. 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
44 The proposed buildings shall be constructed with the
appropriate sound insulation" material as required by the
California Noise Insulation standards to mitigate the noise
impact from the Los Alamitos Army Airfield.
45 The City Council shall maintain the right to review the
hours of operation and may subject to a public hearing,
limit the hours should substantiated complaints be received
that the business hours are creating an adverse impact upon
neighboring properties.
46 If the second story windows 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
59 Within forty-eight (48) hours of the approval of the
project, the applicant/developer shall deliver to the
Planning Department a check payable to the County Clerk in
the amount of One -Thousand -Two -Hundred -Seventy -Five Dollars
($1 275 00) which includes the One -Thousand -Two -Hundred -
Fifty Dollars ($1 250 00) fee required by Fish and Game Code
Section 711 4(d)(2) plus the Twenty -Five Dollar ($25 00)
County administrative fee to enable the City to file the
Notice of Determination required under Public Resources Code
Exhibit A Page
Conditional Use Permit No. 91-4 L)
Conditions of Approval
Section 21152 and 14 Cal. Code of Regulations 15075 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.
60 Applicant/developer shall comply with applicable provisions
of the 1988 Uniform Building, Plumbing and Mechanical Codes,
1987 National Electrical Code, California Administrative
Code, Title 24, and the Cypress City Code
61 An automatic fire sprinkler system, approved by the Fire
Marshal shall be installed.
62 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
63 The Developer shall pay to the City of Los Alamitos a
Traffic Mitigation Contribution fee of one (1) dollar for
each square foot of new buildingg construction in accordance
with paragraph 7 b, of the Cypress Business and Professional
Center Traffic Mitigation Agreement
64 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.
65 Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and approved
by the Fire Chief The purpose of this review is to
evaluate the adequacy of emergency vehicle access for the
number of dwelling units served.
66 Prior to the issuance of any building permits, all
underground piping for automatic fire extinguishing systems
shall be approved. 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 a Certificate of Use and Occupancy
per City ordinance
67 Prior to the issuance of
Occupancy the private street
'No Parking --Fire Lane as
Section 10.207 in a manner
County Fire Chief
any Certificates of Use and
shall be red curbed and posted
per 1988 Uniform Fire Code
meeting the approval of the
Exttj t A
Conditional Use Permit No. 91-4
Conditions of Approval
Page 9
68. Prior to the issuance of any certificates of use and
occupancy all fire hydrants shall have a 'Blue Reflective
Pavement Marker indicating its location on the street or
drive per Orange County Fire Department Standard. On
private property these markers are to be maintained in good
condition by the property owner
69 A-2 1 assembly occupancy and E occupancy structures shall
have a fire alarm system.
70. E occupancy structures shall be subject to State
requirements and approvals from OSA.
71 Portions of structures appear to be more than 150 feet from
Fire Department access Such access shall be provided and
shown on the site plan prior to submittal to the Building
Department for plan check.
72 Locations of all existing and proposed fire hydrants shall
be shown on the site plan prior to submittal to the Building
Department for plan check.
73. Onsite fire hydrants shall comply with spacing and fire flow
requirements.
74 The applicant shall comply with all applicable conditions of
Tentative Parcel Map No. 90-241
75 The applicant/developer shall comply with all applicable
development standards for Planning Area 2 of the Cypress
Business and Professional Center Specific Plan.
76 The applicant/developer shall comply with the Landmark Tree
Guidelines as provided in Section VII D of the Cypress
Business and Professional Center Specific Plan.
77 Phase 2 through 5 plans shall be submitted for review and
approval by the Design Review Committee prior to issuance of
building permits
78. Balconies on the Fellowship/Education building shall be
eliminated, or modified to the satisfaction of the Planning
Director and approval of the City Council prior to submittal
of working drawings. The revised building design shall be
subject to review and approval of the Design Review
Committee
Exhibit A
Conditional Use Permit No. 91-4
Conditions of Approval
Page 10
1,3;;
79 Windows located on the second and third levels of the
northwest corner of the Fellowship/Education building shall
be either eliminated, made to be opaque or screened with
additional mature landscape materials or raised to six foot
(6 ) sill height Final window treatment shall be subject
to review and approval by the Design Review Committee prior
to issuance of building permits.
80 Phases 2 through 5 plans shall be submitted for review and
approval by the Design Review Committee prior to issuance of
building permits for each phase of development.
81 The Phase I Walker Street driveway shall operate in a right-
in/right-out only fashion. When construction of Phases 2
through 5 begin, the Walker Street driveway shall be moved
to the southern edge of the development, where it shall
serve as a dual access for the church and the development
immediately south of the church. Future traffic volumes at
this location may be sufficient to meet Caltrans traffic
signal warrants. If signalization becomes necessary the
church shall be responsible for a fair share contribution
for the signal
82 Signs shall be placed strategically to allow only one-way
traffic around the Phase I fountain island.
83. A parking plan, showing the layout of the proposed
reciprocal parking, shall be submitted for review and
approval by the Design Review Committee prior to issuance of
building permits.
84 Any future modifications to the reciprocal parking plan,
including relocating the parking to a different parcel, will
require review and approval by the Design Review Committee
85 If either the Los Alamitos Race Course or the church
substantially change their hours of operation, then the
reciprocal parking agreement shall be reviewed and a
determination made regarding the need for an amendment to
the conditional use permit
Revised 3/12/91