Resolution No. 6375089
RESOLUTION NO. 6375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 5 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 and use of an outdoor baptistery and water
feature 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 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 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 use is 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 proposed outdoor
baptistery and water feature structure and use, and has determined that the
existing onsite parking and vehicle circulation is adequate to service the
proposed activities associated with this accessory use in addition to the
existing church /school buildings and uses on the subject property.
(3) The proposed facade improvements included in the outdoor
baptistery and water feature structure design would be aesthetically
compatible with surrounding buildings onsite.
(4) The proposed occasional and off -peak use of the proposed
outdoor baptistery 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.
(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), 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.
090
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment No. 5 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 o City of Cypress, at a regular
meeting held on the 22nd day of July, 2013. \ \
t GC A-1
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 22nd day of July, 2013, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Yarc, Bailey and Narain
NOES: 2 COUNCIL MEMBERS: Johnson and Mills
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
091
EXHIBIT "A"
Amendment No. 5 to Conditional Use Permit No. 91 -3
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 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 (§ 21000 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 Attorney)
1.3. The applicant/developer 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 use of the
baptistery pool. These conditions do not supersede, but are in addition to the existing
Conditions of Approval for Conditional Use Permit No. 91 -3, as previously amended
on June 8, 2009. (Planning)
1.5. The applicants shall comply with all necessary requirements of the County of Orange
Health Department and the City of Cypress Building and Community Development
Departments for the use of the baptistery pool. (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)
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 an amendment to the conditional use permit.
(Planning)
• Community Development Department • Planning Division •
092
Exhibit "A"
Amendment No. 5 to CUP No. 91 -3
Conditions of Approval
Page 2
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.3. 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)
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 fmal 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 mechanical equipment associated with the baptistery pool/water feature shall be
adequately screened from public view subject to the approval of City staff. (Planning)
4. Signage Not Applicable
5. Landscaping Not Applicable
6. Operational
6.1. The hours of operation in relation to the baptistery activity shall be limited from 6:30
p.m. to 8:30 p.m. only on Monday through Friday, from 5:00 p.m. to 7:00 p.m. on
Saturday, and from 11:00 a.m. to 12:30 p.m. on Sunday. Late night or early morning
baptistery activities shall be specifically prohibited. The frequency of the baptistery
activities shall be limited to four times per year (quarterly). (Planning)
6.2. The City Council shall maintain the right to review the frequency and hours of
operation for the baptistery use and may, subject to a public hearing, limit the
frequency and hours should substantiated complaints be received that the baptistery
activity hours are creating an adverse impact upon neighboring properties. (Planning)
7. Property Maintenance
7.1. All materials on the baptistery pool shall be maintained free of significant surface
cracks, dry rot, warping, missing panels, tiles or blocks, which threaten the structure's
structural integrity or graffiti which threatens the appearance. (Planning)
• Community Development Department • Planning Division •
093
Exhibit "A"
Amendment No. 5 to CUP No. 91 -3
Conditions of Approval
Page 3
7.2. The property owner shall maintain the site, the publically accessible interior and publically
viewable exterior of the building 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. 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 Not Applicable
10. Landscaping within the Public Right -of -Way Not Applicable
11. Sewer and Wastewater Not Applicable
12. Street Trees Not Applicable
13. Street Lighting Not Applicable
14. Streets
14.1. Prior to issuance of 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 Engineering Division Manager. (Engineering)
15. Subdivisions Not Applicable
16. Traffic Not Applicable
17. Utilities Not Applicable
18. Drainage Not Applicable
19. Storm Water Quality National Pollutant Discharge Elimination System Not Applicable
• Community Development Department • Planning Division •
094
Exhibit "A"
Amendment No. 5 to CUP No. 91 -3
Conditions of Approval
20. Building and Safety
Page 4
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2010 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2010 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. The grate specified on the plans shall remain in place at all times except when the
baptistery is in use. The Church shall designate a procedure to remove and re- install
the grate after each baptistery event to ensure that the grate remains in place at all
times. The Church shall provide a letter attached to the approved plans prior to
building permit issuance stating that the grate specified shall remain in place at all
times and a procedure has been set in place after events to re- install the grate. If at
any time the City finds the grate missing, the water feature will be considered a pool
and a minimum five foot high fence and gate enclosure will be required per the
California Building Code. (Building & Safety)
20.4. At a minimum, a sleeve to allow for a future disabled access lift shall be provided in
the deck adjacent to the baptistery to comply with State accessibility requirements.
The applicant shall coordinate with a pool lift manufacturer on the location, size, and
depth of the sleeve. (Building & Safety)
21. Security Not Applicable
22. Antennas Not Applicable
23. Alcohol Not Applicable
24. Alcohol — On Sale General Not Applicable
25. Alcohol — Off Sale Beer & Wine Not Applicable
26. Fire - Residential Not Applicable
27. Fire - Commercial Not Applicable
Effective: 7 -22 -2013
• Community Development Department • Planning Division •
095
Exhibit "A"
Amendment No. 5 to CUP No. 91 -3
Conditions of Approval
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
24. Alcohol — On Sale General
25. Alcohol — Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 5
• Community Development Department • Planning Division •