Resolution No. 5936RESOLUTION NO. 5936
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend a conditional use permit in accordance with
the provisions of 4.19.070.I of the Zoning Ordinance of the City of Cypress to allow a 242 square -
foot expansion of existing church offices located at 4421 Cerritos Avenue within the CN
Commercial Neighborhood 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 CN Commercial Neighborhood Zone in
which the site is located, which is:
Intended as an area for the location of low - scale, local, community- oriented
shopping centers with limited retail business service and office facilities for
the convenience of neighborhood residences. Churches are also permitted in
this zone, with a conditional use permit.
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 church office expansion would not result in an increase
in the seating capacity of the main assembly hall. Therefore, no additional traffic or
parking demand would result from the proposed building addition.
(2) The proposed building addition would not displace any existing
parking spaces, nor conflict with the onsite vehicle circulation and parking
movements.
(3) The existing walkway displaced by the proposed building addition
would be replaced outside of the exterior wall of the building expansion in
compliance with current accessibility requirements.
(4) The proposed building addition would be consistent with the exterior
facade of the existing church building.
c. The proposed amended 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 Amendment to Conditional Use Permit No. 76 -11, 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 24th day of April, 2006.
4...- -
MAY 60' 0 ` THE CITY OF CYPRESS
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM, 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 24th
day of April, 2006 by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
CLERK OF THE t OF CYPRESS
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EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11
4421 CERRITOS AVENUE
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
Regular text denotes standard conditions of approval.
Italics denote new or revised conditions.
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 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.
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 Conditional Use Permit No. 76 -11, as amended, shall be
complied with prior to occupancy of the subject building.
Community Development Department • Planning Division •
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Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
7. All the church's activity shall occur within the building, except the youth activities within
the existing fenced playground located on the east side of the building. Temporary use
permits may be granted for outdoor activities on special occasions, in accordance with
Section 4.19.040 of the Cypress Zoning Ordinance.
8. 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 Forty -Three Dollars ($43.00) 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.
9. 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
10. 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.
11. 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.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• City -wide Traffic Improvement (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
13. The developer /property owner shall comply with all applicable requirements established by
the National Pollution Discharge Elimination System (NPDES) Stormwater Permit
Program, the County of Orange Drainage Area Management Plan (DAMP), and the City of
Cypress Local Implementation Plan (LIP) in order to prevent pollution resulting from
stormwater runoff. Prior to submittal for building plan check, the following Standard Notes
shall be applied to the project plans which shall be kept on the job site at all times.
Compliance with these standard notes is required. Questions regarding the construction
notes requirements should be directed to the Department of Public Works at (714) 229-
6752.
• Sediment from areas disturbed by construction shall be retained on site using structural
controls to the maximum extent practicable.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
Page 3
• Stockpiles of soil shall be properly contained to minimize sediment transport from the
site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or
wind.
• Appropriate BMPs for construction- related materials, wastes, spills or residues shall be
implemented to minimize transport from the site to streets, drainage facilities, or
adjoining properties by wind or runoff
• Runoff from equipment and vehicle washing shall be contained at construction sites
unless treated to reduce or remove sediment and other pollutants
• All construction contractor and subcontractor personnel are to be made aware of the
required best management practices and good housekeeping measures for the project
site and any associated construction staging areas.
• At the end of each day of construction activity all construction debris and waste
materials shall be collected and properly disposed in trash or recycle bins.
• Construction sites shall be maintained in such a condition that an anticipated storm
does not carry wastes or pollutants off the site. Discharges of material other than
stormwater are allowed only when necessary for performance and completion of
construction practices and where they do not: cause or contribute to a violation of any
water quality standard; cause or threaten to cause pollution, contamination or
nuisance; or contain a hazardous substance in a quantity reportable under Federal
Regulations 40 CFR Parts 117 and 302.
• Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes
from paints, stains, sealants, glues, lime, pesticides, herbicides, wood preservatives and
solvents, asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; concrete, detergent or floatable wastes; wastes
from any engine /equipment steam cleaning or chemical degreasing; and super
chlorinated potable water line flushings.
• During construction, disposal of such materials should occur in a specified and
controlled temporary area on -site and physically separated from potential stormwater
runoff, with ultimate disposal in accordance with local, state and federal requirement.
• Dewatering of contaminated groundwater, or discharging contaminated soils via
surface erosion is prohibited. Dewatering of non - contaminated groundwater requires a
National Pollutant Discharge Elimination System (NPDES) permit from the respective
"State Regional Water Quality Control Board."
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 4
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 76 -11, and approved amendments, will require another
amendment to the conditional use permit.
15. 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.
16. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
17. 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.
18. The proposed addition shall be constructed as approved by the City Council as
Amendment to Conditional Use Permit No. 76 -11. Roofing material, windows,
exterior walls, and other architectural features of the proposed addition shall match
existing materials and finishes. Final elevation drawings shall be submitted to the
Community Development Department for review and approval prior to the issuance of
building permits.
19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
20. 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.
21. 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.
22. 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 Briggeman/Consolidated Disposal.
23. 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"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
Page 5
24. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
25. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
26. 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.
27. 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.
28. 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.
29. 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.
30. The City Council shall maintain the right to review the church's hours of operation and may,
subject to a public hearing, limit the business hours should substantiated complaints be
received that the hours of operation are creating an adverse impact upon neighboring
properties.
31. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
32. 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.
33. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
BUILDING CONDITIONS
Page 6
34. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Code of the City of Cypress.
35. Type 5 cement shall be used for all foundations and slabs on grade.
36. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
37. 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.
38. Building plans shall be stamped by a licensed engineer.
Effective: 4 -24 -2006
• Community Development Department • Planning Division •