Resolution No. 6728237
RESOLUTION NO. 6728
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO 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 amendment in
accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of Cypress
to allow a 2,175 square -foot office addition onto an existing 9,639 square -foot church
building, located at 5271 Lincoln Avenue within the PC Planned Community Zone (Lincoln
Avenue Specific Plan area).
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 CM Commercial Mixed -
Use District of the PC Planned Community Zone in which the site is located, which
is:
Intended to facilitate the widest range of uses. Both community serving
retail and multi -family residential uses are accommodated within this
zone. Primary permitted land uses include retail, restaurant, office,
personal services, and multi -family residential uses. Pre-existing
places of worship such as the subject church have been grandfathered
into this district as "legal non -conforming uses".
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 building addition will go through building plan
check and approval for compliance with current building and safety codes.
(2) The proposed office use addition will serve the existing,
previously approved church and tutoring uses. Therefore, it will not be an
expansion of the uses onsite.
(3) Adequate parking and vehicle circulation is provided onsite to
accommodate the uses within the existing and proposed building addition
areas.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, as well as the applicable provisions of the Lincoln
Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Conditional Use Permit No. 92-15, 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.
238
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of May, 2019.
ATTEST:
,\TY4lA)
Gt
MAYOR OF HE CITY OFCYPRESS
C
CLERK K OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, Acting 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 May, 2019, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Morales, Peat, Yarc, Johnson and Berry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ACTING RK OF TIE CITY OF CYPRESS
C CLE
239
EXHIBIT "A"
Amendment to Conditional Use Permit No. 92-15
5271 Lincoln Avenue
(Church Office Addition)
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 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'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 30 day cancellation notice to the City of Cypress. (City Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning)
1.5. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building addition. (Planning)
1.6. 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)
• Community Development Department • Planning Division •
240
Exhibit "A"
Amendment to Conditional Use Permit No. 92-15
Conditions of Approval
2. Planning
Page 2
2.1. Any expansion or modification of the approved use beyond what was previously approved
by the original Conditional Use Permit No. 92-15, previous amendments, and this
amendment will require an additional 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)
2.3. Parking spaces shall remain unassigned. Parking spaces shall not be used for long-term
parking. (Planning)
3. Architectural
3.1. Architectural elevations and 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 exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (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. 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
(Planning)
3.5. 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
4.1. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping
5.1. 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 •
241
Exhibit "A"
Amendment to Conditional Use Permit No. 92-15
Conditions of Approval
6. Operational
Page 3
6.1. The use of mechanical devices associated with the cleaning and maintenance of real property
shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.3. The City Council shall maintain the right to review the church's 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 or roadways.
(Planning)
6.4. No outdoor overnight parking shall be permitted under any circumstances. (Planning)
6.5.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. 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 graffiti which threatens the appearance. (Planning)
7.2. 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. (Planning)
7.3. 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)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti. 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 as noted below. (Engineering)
- City-wide Traffic Improvement (Prior to issuance of Building Permit)
- Regional Traffic Improvement (Prior to issuance of Building Permit)
• Community Development Department • Planning Division •
242
Exhibit "A"
Amendment to Conditional Use Permit No. 92-15
Conditions of Approval
Sanitary Sewer Connection (Prior to issuance of Building Permit)
- Building Plan Check (Prior to submittal of Plans)
- Building Permit and Inspection (Prior to Permit issuance)
Public Improvement Plan Check (Prior to submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit issuance)
Page 4
8.2. Within 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 $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 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 — N/A
10. Landscaping within the Public Right -of -Way - N/A
11. Sewer and Wastewater
11.1. The developer shall examine the existing lateral and provide proof that the capacity of the
lateral is sufficient for intended use. If the existing lateral is not useable or does not have
sufficient capacity, the developer shall construct a new public sewer lateral with a publicly
owned cleanout/manhole in the public right-of-way at a location approved by the City
Engineer. (Engineering)
12. Street Trees - N/A
13. Street Lighting - N/A
14. Streets
14.1. Prior to issuance of a certificate of occupancy, the applicant shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right-of-way that do not meet the requirements of the Americans with Disabilities
Act (ADA) and State of California Title 24. The applicant shall submit a plan for any
improvement, in consultation with or as required by the City Engineer, and obtain a Public
Works permit prior to any work within the public right-of-way. The applicant shall grant an
easement on Cypress Street to the City for pedestrian purposes for any improvement such as
driveway approaches for compliance with ADA requirements. The following improvements
shall be made: provide ADA compliant driveways on Lincoln Avenue and Cypress Street .
(Engineering)
• Community Development Department • Planning Division •
243
Exhibit "A"
Amendment to Conditional Use Permit No. 92-15
Conditions of Approval
Page 5
14.2. 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 - N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to issuance of certificate of occupancy, 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)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2016 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
the 2016 California Green Building Standards Code, Title 24, and the City of Cypress Codes.
(Building & Safety)
20.2. Grading, demolition, 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. If complaints
are received regarding noise from grading or demolition, further restrictions may be
imposed on the start time of construction by the Director of Community Development,
up to a 9:00 a.m. start time. 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. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of the public
right-of-way unless a permit is obtained. (Building & Safety)
• Community Development Department • Planning Division •
244
Exhibit "A"
Amendment to Conditional Use Permit No. 92-15
Conditions of Approval
Page 6
20.4. Prior to final certificate of occupancy, as required by California State Health and Safety Code
Section 19850, the applicant shall provide copies of the stamped approved plans and any
revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.5. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.6. Prior to the issuance of a building permit, a security deposit of $1.00 per square foot of
building area with a minimum of $1,000 and maximum of $50,000, 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 — N/A
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
25.1. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
26. Solid Waste
26.1. The applicant shall construct new or modify its existing trash enclosure structure to house
all required solid waste containers and 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)
Effective: 5/13/2019
SECTIONS
1. General
2. Planning
• Community Development Department • Planning Division •
s
[
Exhibit "A"
Amendment to Conditional Use Permit No. 92-15
Conditions of Approval
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
26. Solid Waste
Page 7
• Community Development Department • Planning Division •