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Resolution No. 4457 247 RESOLUTION NO. 4457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING RENEWAL OF 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 allow a church use to operate within an existing commercial shopping center building located 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 also permitted, 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) Sufficient access is available to the site off of Ball Road (a primary arterial) and Holder Street (a secondary arterial). (2) As conditioned, the onsite parking for the commercial uses and the church use will be restricted to insure adequate parking availability during commercial hours of operation. (3) As conditioned, the church project will comply with the Noise Element of the Cypress General Plan and the Noise Ordinance of the Cypress City Code. (4) As conditioned for parking, hours of operation, and noise, the church is compatible with other uses on the subject property and on surrounding properties. (5) As conditioned, approval of the church use will result in interior and exterior improvements in compliance with current applicable codes and policies which will upgrade the structures, level of safety, and aesthetics of subject property. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Renewal of 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 13th day of March , 1995. - 1 - 248 Xfq4,t MAYOR OF THE CITY OF°CYPRESS ATTEST: CI CLERK F THE C fY 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 13th day of March , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry, and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLE OF TH CITY OF CYPRESS - 2 - EXHIBIT "A" gf4S 1 - Q A - l 249 RENEWAL OF CONDITIONAL USE PERMIT NO. 93-3 CONDITIONS OF APPROVAL ENGINEERING CONDITIONS 1. The developer shall conform to all applicable provisions of the Code of the City of Cypress. 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. Onsite landscape areas 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') block wall, measured from the highest finished grade, shall be constructed and/or maintained along the north property line. A minimum six foot (6') high block wall, measured from the highest finished grade, shall be constructed and/or maintained along the west property line. 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. Grade separation shall not exceed two feet (2') between two adjacent properties. 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 fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of Streets. ■ Community Development Department • Planning Division ■ 250 Exhibit "A" Page 2 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 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 and 4001). • Drainage Fee for Master Drainage Plan (Per Resolution 2287). • Traffic Impact Mitigation Fee (Per Ordinance 911 and Resolution 4348). • Regional Traffic Improvement Fee (Per Resolution 4400). • 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. ■ Community Development Department • Planning Division ■ Exhibit "A" Page 3 2 5 1 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 13. 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 which are required in Condition Nos. 2, 3, 6, 32, and 36. 14. 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 et seq. - 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. PLANNING CONDITIONS 15. The developers 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. 16. The applicant/developer shall comply with all provisions of the Zoning Ordinance of the City of Cypress. 17. The church building shall not be occupied for any church activities prior to the issuance of a Certificate of Occupancy from the City Building Department. 18. 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. 19. All church 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. ■ Community Development Department • Planning Division ■ LF U — . i� — 25 2 Exhibit "A" Page 4 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 20. 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. 21. The site plan shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 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 applicant/developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff Construction bins must be maintained onsite. Bin rental shall be contracted through Briggeman Disposal. 25. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 26. Parking for the handicapped shall be provided in accordance with State requirements. 27. 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 installation. 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. 28. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a variety approved by the Planning Director. 29. All landscape areas adjacent to a street right-of-way shall contain a 3 to 1 berm. 30. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 31. The old existing pole sign located at the Ball Road frontage of the property shall be removed and replaced with a monument-type sign. The applicant/developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. ■ Community Development Department • Planning Division ■ Exhibit "A" Page 5 253 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 32. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 33. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 34. 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. 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 any necessary grading activities 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 thirty-four (34) parking spaces required for the commercial strip building shall be designated "customer parking" in the area directly in front of the building by painting the curb or pavement, or by signage placement. 38. 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. 001" 39. 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. 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 5:30 a.m. to 6 p.m.; no more than five (5) major events (i.e. weddings or funerals) per year, limited to Saturdays or Sundays; and no more than two (2) special activities per year (i.e. week-end daytime retreats or one-week daytime vacation 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 business hours are creating an adverse impact upon neighboring properties. ■ Community Development Department • Planning Division ■ 4S'i ► C, 254 Exhibit "A" Page 6 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 42. The business hours of operation in relation to truck dock activity shall be limited from 7 a.m. to 10 p.m. only, on weekdays and Saturdays, and from 9 a.m. to 10 p.m. on Sundays and Federal holidays. Late night or early morning deliveries shall be specifically prohibited. 43. The subject project shall comply with the Noise Element of the Cypress General Plan and the noise ordinance of the Cypress City Code. As a "noise sensitive land use", the church building shall provide acoustical protection to offset interior audible noise from the 65 decibel roadway noise from Ball Road. Proof of interior acoustical protection shall be submitted with the plans for plan check prior to issuance of building permits. 44. The two(2) accessory structures(a storage enclosure and an aluminum recycling machine) located on the south side of the church building, and the storage structure located on the west side of the commercial strip building shall be removed or demolished. 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 Notice of Exemption in accordance with Fish and Game Code Section 753.5, 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. All requirements of the Orange County Fire Department (Authority) and City Building Department, with regard to health and safety protection, shall be completed prior to issuance of a Certificate of Occupancy for the church building. The applicant shall comply with all health and safety conditions within 30 days from project approval. A request to extend this time limit, upon proof of just cause, is subject to approval by the Fire Marshal and the Building Official. Pursuant to the Cypress Zoning Ordinance, Section 17.2-12, failure to comply with this condition within the required timing will result in the automatic suspension of Conditional Use Permit No. 93-3, pending a City Councilpublic hearingto consider revocation of the conditional use permit. BUILDING CONDITIONS 47. Applicant/developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 48. Type 5 cement shall be used for all foundations and slabs on grade. ■ Community Development Department • Planning Division ■ 1-0-1S 7 Kl Exhibit "A" Page 7 2.55 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 49. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 50. Building permits and a Certificate of Occupancy shall be obtained for all interior improvements to the church building prior to occupancy of said building for church activities. (Refer also to Condition Nos. 17 and 46.) FIRE CONDITIONS 51. The applicant/developer shall comply with all applicable requirements of the California Fire Code. 52. The applicant/developer shall provide one-hour construction/fire sprinklers throughout the church structure. 53. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. 54. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. 55. Prior to the issuance of any building permits, plans for the fire alarm system plans shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. 56. 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. 57. Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. 58. Prior to the issuance of any building permits, contact the Orange County fire Department Hazardous Materials Disclosure Office at(714) 744-0463 to obtain a"Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. ■ Community Development Department • Planning Division ■ Jai., 2 5 6 Exhibit "A" Page 8 Renewal of Conditional Use Permit No. 93-3 Conditions of Approval 59. The following notes shall be provided on the site plan: A. Fire Department Final Inspection Required. Schedule inspection two (2) days in advance. Phone (714) 821-7850. B. Locations and classifications of extinguishers to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. 60. The applicants' representative(s) and architect, shall meet with a Fire Department Official and the Building Official within ten (10) days after City Council approval of this project in order to review and schedule completion dates for the necessary health and safety related building improvements. POLICE CONDITIONS 61. If the pedestrian passageway between the church building and the commercial strip building is to be opened for general access, then lighting shall be installed at entrances to the passageway. Effective 3/13/95 • Community Development Department • Planning Division ■