Resolution No. 6145 394
RESOLUTION NO. 6145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 4 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 a modification of a 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 expansion of an existing church and private school campus, including
the construction of a second auditorium building (38,031 square feet) and required parking
lot improvements 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 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 expansion of the existing church use is
consistent with the objectives and standards of the City of Cypress Zoning
Ordinance, as well as the Cypress Business and Professional Center
Specific Plan provisions for Planning Area 8.
(2) The City Engineer has reviewed the proposed church
expansion project, and has determined that, as conditioned to limit the
maximum number of seats in use in all assembly areas at the same time,
the proposed on-site parking and vehicle circulation improvements would be
adequate to service the proposed second auditorium building in addition to
the existing church/school buildings and uses on the subject property.
(3) The proposed Auditorium 2 building design, as well as the
proposed facade improvements to the existing Auditorium 1 building, would
serve to increase its aesthetic compatibility with surrounding buildings
onsite.
(4) The proposed second church auditorium use represents the
expansion of an existing off-peak weekend use, which would not conflict with
surrounding business park operations or traffic patterns.
(5) In accordance with the provisions of the California
Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative
Declaration were prepared for this project, finding that, with the
implementation of mitigation measures identified in the initial study for this
395
project, no significant effects on the environment are anticipated as a result
of this project. Additionally, all applicable mitigation measures from the
Cypress Business and Professional Center Specific Plan Environmental
Impact Report (EIR) were identified in the Initial Study and were made
conditions of approval for the project.
c. The proposed conditional (church) use expansion would comply with
each of the applicable provisions of the Zoning Ordinance, and the applicable
Cypress Business and Professional Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment No. 4 to Conditional Use Permit No. 91-
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 8th day of June, 2009.
MA RESS
ATTEST:
i
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 8th day of June, 2009, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
11°W0L /66V7\a/Y1
CITY CLERK OF THE CITY OF CYPRESS
396
EXHIBIT "A"
AMENDMENT NO.4 TO CONDITIONAL USE PERMIT NO.91-3
5100 Cerritos Avenue
CONDITIONS OF APPROVAL
Notes:
Regular text denotes standard or existing conditions of approval.
* Asterisk Denotes Mitigation Measures
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
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 sec. - 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.
3. 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. All applicable conditions of Amendment No. 4 to Conditional Use Permit No. 91-3 shall be
complied with prior to occupancy of the subject building.
• Community Development Department•Planning Division •
397
Exhibit "A" Page 2
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
7. All activity shall occur within the building. Temporary use permits may be granted for
outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning
Ordinance.
8. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of$1,876.75 County administrative fee, to enable the City to file the
Notice of Determination 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.
9. 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 Community Development Departments for the
operation of the preschool.
10. 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.
ENGINEERING CONDITIONS
11. 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. 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 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%).
12. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
13. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act(ADA)and State of California Title 24.
• Community Development Department•Planning Division •
398
Exhibit"A" Page 3
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
14. 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.
15. Cerritos Avenue shall be fully improved with repair of deteriorated/raveling asphalt
concrete (AC) paving at westerly access road, upgrade of existing curb ramps to
comply with current Federal ADA standards, repair of AC pothole east of western
access road, replacement of damaged water meter and traffic signal pull box covers,
replacement of approximately 70 lineal feet of damaged concrete sidewalk east of the
main access road,etc.,in accordance with the City's Code requirement of Streets.
16. 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 Cerritos Avenue. 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.
17. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. 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.
18. Applicant/Developer shall submit to the City Traffic Engineer a copy of the traffic study
prepared for all existing improvements and the proposed developments to analyze the
affects of this development and ultimate development. This study shall address the need for
traffic control devices, ingress-egress, traffic generation and distribution, and other traffic
concerns. The applicant/developer shall comply with all required mitigation measures
identified in the traffic study.
19. In response to the recommendations indicated in the traffic report and as required by the
City Traffic Engineer, the following improvements shall be installed: The vehicle access
point on the south property line shall be relocated to the east property line intersecting
with the access road/easement running south to Vessels Circle. All costs for design,
engineering and construction shall be the responsibility of the developer.
20. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
of Municipal Code. The number of trees shall be determined by dividing the frontage of
property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a
minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to
the City's Street Tree Master Plan. With prior approval of City Engineer, street trees may be
replaced by trees planted in conjunction with an approved on-site landscape plan.
Landscaping in Public Right-of-Way shall be installed and maintained by the developer.
•Community Development Department•Planning Division•
399
Exhibit "A" Page 4
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
21. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
22. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution No.
6118,except as otherwise noted below):
• Public Improvement Plan Check.
• Public Improvement Permit and Inspection.
• Grading/Onsite(Non-Structural)Plan Check.
• Grading Permit and Inspection.
• City-wide Traffic Improvement.
• Regional Traffic Improvement.
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09).
23. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans,
Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36"
Mylar with City title block on all sheets.
24.* Mitigation Measure TR1: The project applicant shall pay to the City of Los Alamitos
$1.00 per square foot in accordance with Paragraph 7.b of the Cypress Business and
Professional Center Traffic Mitigation Agreement. (Complies with Mitigation Measure
#18, page 97, Cypress Business and Professional Center Specific Plan EIR.)
25.* Mitigation Measure TR2: The project applicant shall pay the Regional Traffic
Improvement Fee, pursuant to adopted Resolution No. 4400, as applicable to the
proposed project. (Complies with Mitigation Measure #19, page 97, Cypress Business
and Professional Center Specific Plan EIR.)
26.* Mitigation Measure TR3: The project applicant shall post a "No Left Turn" sign
for incoming traffic at the entrance to the new parking area at the far west edge of
the site, near Access 1, to avoid a back up of incoming cars into the short entrance
throat.
27.* Mitigation Measure TR4: The project applicant shall designate another shuttle stop
area in the new west parking area.
28.* Mitigation Measure TR5: The project applicant shall post stop signs for inbound
and outbound traffic in the west parking lot, as shown on Exhibit 4.15-17, Site
Circulation Recommendations in the Initial Study.
• Community Development Department•Planning Division •
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Exhibit "A" Page 5
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
29.* Mitigation Measure TR6: The project applicant shall re-locate Access 4 to the
southeast corner of the south parking lot. This will remove the diagonal course that
drivers currently follow across the Los Alamitos Race Track parking lot, and will
result in only one logical travel path for inbound and outbound traffic between the
church entrance and Vessels Circle.
30.* Mitigation Measure TR7: The project applicant shall install stop signs as shown for
eastbound traffic exiting the south parking lot of the church property entering the
Access Road.
31.* Mitigation Measure TR8: The project applicant shall provide pedestrian access
walkways at intervals across the southern parking lot perimeter landscape planter
for persons utilizing the reciprocal parking lot on the adjacent Race Course
property. Also, designate a shuttle stop in the south perimeter parking area.
32.* Mitigation Measure TR9: At all driveway access locations along Katella Avenue,
Cerritos Avenue, and Walker Street adequate sight distance shall be provided by
avoiding the placement of structures, signs, landscaping, and other objects that
would obstruct the vision of drivers. Determinations shall be made at the time of
each site development review. (Source: Mitigation Measure #32, page 100, Cypress
Business and Professional Center Specific Plan EIR.)
33.* Mitigation Measures UTIL1: Required sewer improvements shall be designed and
constructed to City and OCSD standards for approval by the City Engineer prior to
development. Facilities shall be dedicated to the City and/or OCSD at the
completion of construction. (Source: Mitigation Measure #59, page 145, Cypress
Business and Professional Center Specific Plan EIR.)
34.* Mitigation Measure UTIL2: The applicant shall pay sewer connection fees to both
the City and OCSD in order to obtain wastewater collection and treatment services.
The fees shall be determined to be those in effect at the time the fee is paid.
(Source: Mitigation Measure #60, page 147, Cypress Business and Professional
Center Specific Plan EIR.)
35.* Mitigation Measure UTIL3: The applicant shall comply with all state laws for
water conservation measures and use of reclaimed water. Voluntary water
conservation strategies shall be encouraged. The Building Division shall determine
compliance prior to issuance if building permits. (Source: Mitigation Measure #75,
pages 157 and 158, Cypress Business and Professional Center Specific Plan EIR.)
36.* Mitigation Measure UTIL4: The applicant shall submit advance notice to
Consolidated Disposal one (1) week prior to the occupancy date of the building.
(Source: Mitigation Measure #65, page 152, Cypress Business and Professional
Center Specific Plan EIR.)
• Community Development Department •Planning Division •
401
Exhibit "A" Page 6
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
37.* Mitigation Measure UTIL5: Where feasible, buildings shall install refuse
compacting equipment to substantially reduce the number of refuse hauling trips
and allow for more effective and sanitary disposal. (Source: Mitigation Measure
#66, page 152, Cypress Business and Professional Center Specific Plan EIR.)
38.* Mitigation Measure UTIL6: A number of conservation measures should be
considered in building and site design to reduce the demands of the project. Such
measures include:
. Businesses within the proposed project should investigate local
recycling/resource recovery programs. A handbook for developing such
programs is available through the California Waste Management Board.
39.* Mitigation Measure UTIL7: The Construction Contractor shall reduce
construction-generated waste according to state law by 50 percent. The applicant or
contractor shall submit a construction waste management plan explaining the
practices that would be used to achieve this level of reduction. This plan shall be
reviewed and accepted by the City's Solid Waste Management Coordinator prior to
the issuance of grading permits.
STORM WATER CONDITIONS
40. Developer/Property Owner shall obtain a Notice of Intent from the State of California
Regional Water Quality Control Board, for the projects greater than one acre. A copy of
the Notice of Intent acknowledgement from the State of California Regional Water
Quality Control Board shall be submitted to the City of Cypress before issuance of
grading permits.
41. Developer/Property Owner shall submit a Storm Water Pollution Prevention Plan (for
projects greater than one acre).
42. A Water Quality Management Plan (WQMP) shall be submitted which identifies
appropriate construction and post construction as well as structural and non-structural
Best Management Practices (BMP's) to City of Cypress for review and approval. Project
shall also incorporate measures as specified in the County of Orange Drainage Area
Management Plan (DAMP) and the Model Water Quality Management Plan (WQMP) to
help control runoff. Examples of BMP's and control measures are included in the
California Storm Water Best Management Practices Handbook, Industrial/Commercial
and Construction Activity, and the County of Orange Drainage Area Management Plan
and subsequent revisions, and the City's Local Implementation Plan.
43. Prior to issuance of permits, a certified copy of the final WQMP, along with the approved
grading plan, and all other supporting documentation, shall be submitted in electronic
format on a CD.
• Community Development Department •Planning Division •
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Exhibit "A" Page 7
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
44. Prior to issuance of Certificate of Occupancy, Developer shall clean the storm drain
system, catch basins, filters, storm drain lines, inlet boxes, etc. If clean-up is not
performed, the City may make arrangements to clean the system at the developer's
expense.
45.* Mitigation Measure GE05: Precise grading plans shall include an Erosion,
Siltation and Dust Control Plan to be approved by the City Building Division. The
Plan's provisions may include sedimentation basins, sand bagging, soil compaction,
revegetation, temporary irrigation, scheduling and time limits on grading activities,
and construction equipment restrictions on-site. This plan shall also demonstrate
compliance with South Coast Air Quality Management District Rule 403, which
regulates fugitive dust control. (Complies with Mitigation Measure #3 and #5, page
47, Cypress Business and Professional Center Specific Plan EIR.)
46.* Mitigation Measure GE06: As soon as possible following the completion of grading
activities, exposed soils shall be seeded or vegetated with a City approved seed mix
and/or native vegetation to ensure soil stabilization. (Source: Mitigation Measure
4.6.1,page 4.6-11, Cypress General Plan EIR.)
47.* Mitigation Measure HYD1: The project applicant shall implement the Best
Management Practices identified in Section 4.0 of the Preliminary Water Quality
Management Plan, as well as be the responsible party for inspection and
maintenance as identified in the Hydrology and Water Quality Analysis. (Complies
with Mitigation Measure #15, page 49, Cypress Business and Professional Center
Specific Plan EIR.)
COMMUNITY DEVELOPMENT CONDITIONS
48. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 91-3, as amended, will require an additional amendment to the
conditional use permit.
49. 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.
50. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
51. 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.
• Community Development Department •Planning Division •
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Exhibit "A" Page 8
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
52. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
53. 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.
54. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
55. The 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 Consolidated Disposal Services.
56. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development 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 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.
57. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
58. 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.
59. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development Department approval prior to the installation
of any signs. 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.
60. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take
the appropriate measures to ensure that the illumination of the sign shall not create glare
for vehicular traffic. All electrical conduit, timer devices, and other electrical equipment
shall be buried underground or concealed within the sign.
61. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
•Community Development Department•Planning Division •
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Exhibit "A" Page 9
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
62. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
63. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
64. 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 Authority prior to issuance of building permits.
65. 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.
66. 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.
67. 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.
68. 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.
69. 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.
70. The City Council shall maintain the right to review the restaurant's 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.
71. The project shall comply with all mitigation measures as referenced in the Mitigated
Negative Declaration for this project prior to issuance of Certificate of Occupancy.
72. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
• Community Development Department•Planning Division •
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Exhibit "A" Page 10
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
73. 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.
74. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
75.* Mitigation Measure AES1: Prior to each building permit issuance, the applicant shall
submit a landscaping plan, consistent with the approved Cypress Business and
Professional Center Specific Plan, designed to soften visual impacts of the project and
to serve as a buffer to preserve land use compatibility in the area, where it is
determined necessary. (Source: Mitigation Measure #44, page 107, Cypress Business
and Professional Center Specific Plan EIR.)
76.* Mitigation Measure AES2: Each site development plan shall comply with Guidelines
contained in the Cypress Business and Professional Center Specific Plan for
architectural design, signage and landscape/streetscape design. (Source: Mitigation
Measure#47,page 117,Cypress Business and Professional Center Specific Plan EIR.)
77.* Mitigation Measure AES3: Each site development landscaping plan shall be consistent
with the Cypress Business and Professional Center Specific Plan in order to maintain a
cohesive theme across the project site and to reduce aesthetic impacts associated with
groups of structures on the site from adjacent roadways and residential properties.
(Source: Mitigation Measure#48, page 118, Cypress Business and Professional Center
Specific Plan EIR.)
78.* Mitigation Measure AES4: Landmark trees within each development area shall not
be removed until authorized by the City of Cypress and such trees will be replaced on-
site with an equivalent number of specimen trees (48-inch box or larger) to be
incorporated into landscaping treatment of the Specific Plan site. Replacement trees
will be in addition to normal tree planting requirements. (Source: Mitigation
Measure#49,page 118,Cypress Business and Professional Center Specific Plan EIR.)
•Community Development Department•Planning Division •
406
Exhibit"A" Page 11
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
79.* Mitigation Measure AES5: Adequate lighting, to be determined during each site
development final plan preparation, shall be provided for all automobile parking
areas, trucking and loading areas, and all pedestrian and vehicle access points.
(Source: Mitigation Measure#50, page 118, Cypress Business and Professional Center
Specific Plan EIR.)
80.* Mitigation Measure AES6: Parking lots shall be lighted. All lighting, interior and
exterior, shall be designed and located to minimize power consumption and to confine
direct illumination to the premises to avoid light and glare impacts. Lighting design
shall be performed during each site development final plan preparation. (Source:
Mitigation Measure #51, page 118, Cypress Business and Professional Center Specific
Plan EIR.)
81.* Mitigation Measure AES7: Prior to the issuance of building permits, the applicant
shall submit a lighting plan that:
• Provides internal house side shields on all lighting placed on the perimeter of
the property.
• Locates entrance and driveway lighting within the property perimeter to
mitigate light spill.
• Indicates that all lighting fixtures shall be fully shielded as defined by IESNA to
mitigate glare.
82.* Mitigation Measure AES8: The construction design plans shall be evaluated as part of
the plan check process to ensure lighting conformance with all the City of Cypress and
the Cypress Business and Professional Center Specific Plan regulations and
recommendations.
83.* Mitigation Measure LU1: Prior to issuance of building permits (at least 30 days prior) for
development proposed within the study area which would penetrate the 100:1 imaginary
surface, the development proponent shall submit FAA Form 7460-1, "Notice of Proposed
Construction or Alteration," to the Chief, Air Traffic Division, of the appropriate FAA
regional office. The applicant shall comply with all appropriate FAA standards and
requirements. The findings of the FAA shall be transmitted to the City of Cypress prior to
application for building permits. (Source: Mitigation Measure #17, page 49, Cypress
Business and Professional Center Specific Plan EIR.)
84.* Mitigation Measure NOIl: Prior to grading permit issuance, the construction
contractor shall demonstrate, to the satisfaction of the City of Cypress Community
Development Department,the following:
• Construction contracts shall specify that all construction equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers
and other State required noise attenuation devices.
•Community Development Department•Planning Division •
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Exhibit"A" Page 12
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
. Construction noise reduction methods such as shutting off idling equipment,
installing temporary acoustic barriers around stationary construction noise
sources, maximizing the distance between construction equipment staging
areas and occupied residential areas, and use of electric air compressors and
similar power tools,rather than diesel equipment,shall be used where feasible.
During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receptors.
. All construction entrances shall clearly post construction hours, allowable
workdays, and the phone number of the job superintendent. This will allow
surrounding owners and residents to contact the job superintendent with
concerns. If the contractor receives a noise-related complaint, appropriate
corrective actions shall be implemented and a report taken indicating the
action with a copy of the report provided to the reporting party upon request.
(Complies with Mitigation Measure #9, page 48, Cypress Business and
Professional Center Specific Plan EIR)
85.* Mitigation Measure NOI2: Prior to the issuance of building permits, the project
applicant shall demonstrate, to the satisfaction of the City of Cypress Community
Development Department, that onsite stationary noise sources, such as rooftop air
conditioners,shall be below City thresholds as stated within the City's Municipal Code.
(Complies with Mitigation Measure #58, page 144, Cypress Business and Professional
Center Specific Plan EIR.)
86.* Mitigation Measure TRIO: The project applicant shall not use the chapel assembly
area (80 seats) while both Auditoriums 1 and 2 are in use, unless 80 auditorium
seats are cordoned off from use to balance the on-site parking needs.
87. Prior to issuance of a Certificate of Occupancy for the new Auditorium 2, floor plans
for the proposed cordoned off seating areas associated with both the Interim and
Buildout Parking Phases of the church expansion project shall be submitted to the
Community Development Department for review and approval. This submittal shall
also include a usage schedule and identification of additional cordoned off area for any
proposed simultaneous use of the chapel building's assembly area as well. Compliance
with these plans shall be verified by City staff inspection prior to occupancy of
Auditorium 2 and may be subject to subsequent periodic follow-up inspections by City
staff. The two parking phases and their related seating restrictions shall be as follows:
• For the first "Interim Parking Phase", Auditorium 1 and Auditorium 2 may
operate either individually at full seating capacity, or simultaneously with 722
seats (of the total 2,982 seats) removed from service (cordoned off). The Grace
School paved playground shall be restriped to create 111 new parking spaces
for church use on the weekends and school playground use during the week.
This parking expansion shall provide an interim church-wide total of 800
required on-site parking spaces, including existing spaces and the 233 new
parking spaces in the west parking lot.
•Community Development Department•Planning Division •
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Exhibit"A" Page 13
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
• For the second `Buildout Parking Phase", both Auditoriums 1 and 2 may
operate either individually at full seating capacity, or simultaneously with 140
seats removed from service in Auditorium 1. The entire school playground
(paved and turf portions)shall be reconfigured with new paving and striping to
allow 322 parking stalls for church use on the weekends and school playground .
use during the week. The Buildout Parking Phase shall provide a minimum
total of 995 required on-site parking spaces. This provision shall be verified by
City staff inspection upon completion of the Buildout Parking Phase parking
lot improvements.
• During both parking phases, the church shall continue to provide parking
management to ensure that cars enter and exit the project site in a metered and
orderly fashion in compliance with the approved parking lot circulation
pattern. Additionally,to improve pedestrian access, a golf cart parking shuttle
service shall be provided to accommodate church attendees using the farthest
areas of the new westerly and southerly parking lots.
BUILDING CONDITIONS
88. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the City of Cypress.
89. An automatic fire sprinkler system, approved by the Fire Marshal,may be required.
90. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
91. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil
moisture barrier.
92. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test and other pertinent
information under good engineering practice.
93. 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 building construction in accordance with
Paragraph 7.b, of the Cypress Business and Professional Center Traffic Mitigation
Agreement.
94. 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 from the Public Works Department.
• Community Development Department •Planning Division •
409
Exhibit "A" Page 14
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
95. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans. In lieu of microfilm, the applicant can provide
plans on CD rom with self-loading software or other format approved by the building
official.
96. Building plans shall be stamped by a licensed engineer.
97.* Mitigation Measure AQl: During clearing, grading, earth moving, or excavation
operations, excessive fugitive dust emissions shall be controlled by regular watering
or other dust preventive measures using the following procedures, as specified in the
South Coast Air Quality Management District's Rules and Regulations. (Complies
with Mitigation Measure #54, page 132, Cypress Business and Professional Center
Specific Plan EIR.)
• All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. Watering shall occur at least twice daily with
complete coverage, preferably in the late morning and after work is done for
the day.
• All material transported on-site or off-site shall be either sufficiently watered
or securely covered to prevent excessive amounts of dust.
• The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized so as to prevent excessive amounts of dust.
• These control techniques shall be indicated in project specifications.
Compliance with this measure shall be subject to periodic site inspections by
the City.
• Visible dust beyond the property line emanating from the project shall be
prevented to the maximum extent feasible.
98.* Mitigation Measure AQ2: All trucks that are to haul excavated or graded material
shall comply with State Vehicle Code Section 23114, with special attention to
Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such
material spilling onto public streets and roads.
99.* Mitigation Measure AQ3: Project grading plans shall show the duration of
construction. Ozone precursor emissions from construction equipment vehicles
shall be controlled by maintaining equipment engines in good condition and in
proper tune per manufacturer's specifications. Compliance with this measure shall
be the responsibility of the construction contractor, who shall provide proof to the
City of compliance.
100.* Mitigation Measure AQ4: Prior to approval of the project plans and specifications,
the Planning Division shall confirm that the construction bid packages specify:
•Community Development Department•Planning Division •
410
Exhibit"A" Page 15
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
• Contractors shall use high-pressure-low-volume paint applicators with a
minimum transfer efficiency of at least 50 percent;
• Coatings and solvents that will be utilized have a volatile organic compound
content lower than required under South Coast Air Quality Management
District Rule 1113; and
• To the extent feasible, construction/building materials shall be composed of
pre-painted materials.
101.* Mitigation Measure AQ5: Pursuant to South Coast Air Quality Management
District Rule 201, the project applicant shall apply for a Permit to Construct prior
to construction, which provides an orderly procedure for the review of new and
modified sources of air pollution.
102.* Mitigation Measure A06: Energy conservation practices, as required by the
Subdivision Map Act, Building Energy Efficiency Standards (California Energy
Commission 2005), and state and local laws, shall be incorporated into the design of
the project to have the secondary effect of limiting stationary source pollutants.
Compliance shall be determined during building plan review of each building
submitted for plan check. (Source: Mitigation Measure #56, page 132, Cypress
Business and Professional Center Specific Plan EIR.)
103.* Mitigation Measure GEO1: All structures shall be designed as confirmed during
the building design plan checking, to withstand anticipated groundshaking caused
by future earthquakes within an acceptable level of risk (i.e., high risk zone), as
designated by the City's latest adopted edition of the California Building Code.
(Source: Mitigation Measure #1, page 47, Cypress Business and Professional Center
Specific Plan EIR.)
104* Mitigation Measure GEO2: Prior to the issuance of a grading permit, a site-specific
geologic and soils report shall be prepared by a registered geologist or soils engineer
and submitted to the City Building and Safety Division for approval. The report
shall specify design parameters necessary to remediate any soil and geologic
hazards. The design parameters identified shall be implemented and confirmed
during the construction and building phases. (Complies with Mitigation Measure
#2,page 47, Cypress Business and Professional Center Specific Plan EIR.)
105.* Mitigation Measure GEO3: All grading, landform modifications and construction
shall be in conformance with state-of-the-practice design and construction
parameters. Typical standard minimum guidelines regarding regulations to control
excavations, grading, earthwork construction, including fills and embankments and
provisions for approval of plans and inspection of grading construction are set from
the latest version of the Uniform Building Code. Compliance with these standards
shall be evident on grading and structural plans. This measure shall be monitored
by the City Building and Safety Division through periodic site inspections.
• Community Development Department•Planning Division •
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Exhibit "A" Page 16
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
106.* Mitigation Measure GEO4: Type 5 cement shall be used for all foundations and slabs on
grade.
FIRE AUTHORITY CONDITIONS
107. Prior to the issuance of any building permits, the applicant shall obtain approval of the
Fire Chief for all fire protection access roads to within 150 feet of all portions of the
exterior of the proposed structure. The plans shall include plan and sectional views and
indicate the grade and width of the access road measured flow-line to flow-line. When a
dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire
apparatus access turnaround must be provided and approved by the Fire Chief. Please
contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access."
108. Prior to the issuance of any building permits, the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability for Fire
Protection" form shall be signed by the applicable water district and submitted to the
Fire Chief for approval.
109. Prior to the issuance of any building permits, the applicant shall submit a fire hydrant
location plan to the Fire Chief for review and approval.
110. Prior to the issuance of a building permit, the applicant shall submit evidence of the on-
site fire hydrant system to the Fire Chief and indicate whether it is public or private. If
the system is private, it shall be reviewed and approved by the Fire Chief prior to
building permit issuance, and the applicant shall make provisions for the repair and
maintenance of the system in a manner meeting the approval of the Fire Chief. Please
contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the
"Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping."
111. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a blue
reflective pavement marker indicating the hydrant location on the street as approved by
the Fire Chief, and must be maintained in good condition by the property owner. Please
contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the
"Guideline for Installation of Blue Dot Hydrant Markers."
112. Prior to the issuance of any building permits, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbs and signage and include a
detail of the proposed signage including the height, stroke and colors of the lettering and
its contrasting background. Please contact the OCFA at (714) 573-6100 or visit the
OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and
Fire Lane Requirements."
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412
Exhibit "A" Page 17
Amendment No. 4 to Conditional Use Permit No. 91-3
Conditions of Approval
113. Prior to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC&R's or other approved
documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes
and a method of enforcement.
114. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system throughout the structure to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange
County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems."
115. Prior to the issuance of a Certificate of Occupancy, this system shall be operational in a
manner meeting the approval of the Fire Chief.
116. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. Please contact the OCFA at (714)
573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and
Existing Fire Alarm Systems." This system shall be operational prior to the issuance of
a Certificate of Occupancy.
117. Prior to the issuance of a building permit, the applicant shall submit architectural plans
for the review and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100
for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal.
118.* Mitigation Measure PS1: All structures shall be designed to include automatic fire
sprinkler systems.
119.* Mitigation Measure PS2: All structures shall be designed to include a supervised
fire alarm system located in an accessible location with an annunciator per the
requirements of the California Fire Code.
120.* Mitigation Measure PS3: The project plans shall be designed so that access to and
around structures shall meet all OCFA and California Fire Code requirements.
POLICE CONDITIONS
121. The property address shall be clearly identified on both sides of the freestanding sign
base. A minimum of six-inch (6") lettering shall be used for the property address. The
property address shall also be posted in a visible location on the building.
122. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department.
Effective: 6-8-2009
•Community Development Department•Planning Division •