Resolution No. 5543 364
RESOLUTION NO. 5543
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 -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 Section 17.2 of the Zoning Ordinance of the City of Cypress to allow the
construction of a freestanding multi-purpose room at an existing church and private school facility
located at 5202 Lincoln Avenue within the PC Planned Community 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 amended conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the PC Planned Community Zone in
which the site is located, which is:
Intended as an area permitting a compatible mix of land uses, planned
commercial developments and business parks, and a variety of housing
styles and densities.
b. The proposed location of the amended 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 multi-purpose room building would be consistent with
the permitted uses and would comply with the development standards of the adopted
Lincoln Avenue Specific Plan, except the proposed variance for the rear building
setback. The proposed rear (south) building setback would be consistent with the
existing rear building setbacks on the property.
(2) Adequate parking and vehicle circulation is provided onsite, and the
proposed building would not displace existing required parking spaces or driveways
onsite.
(3) The proposed new building would relocate existing onsite school and
church uses which currently take place in the auditorium/sanctuary building.
Therefore, as conditioned to limit the concurrent operations of the proposed multi-
purpose room and the auditorium, the use of the proposed building would not result
in a significant expansion of the existing school and church uses, nor result in the
need for additional parking onsite.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the Zoning Ordinance and the applicable Lincoln Avenue Specific
Plan,except for the associated Variance No. 2001-06.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Amendment to Conditional Use Permit No. 78-27, subject to the
conditions attached hereto as Exhibit "A".
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365
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 8th day of April, 2002.
MAYOR HE CITY OF CYPRESS
ATTEST:
.
01 . 'LiA Lis —_J •A.
( I ► CLERK OF THE Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM-GUERTIN, 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 April, 2002,by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McGill,Piercy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
ITY C RK OF4 I CITY OF CYPRESS
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366
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27
5202 Lincoln Avenue
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
Bolded italics denote revised text.
GENERAL CONDITIONS
1. 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 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.
2. 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
5. All applicable conditions of Amendment to Conditional Use Permit No. 78-27 shall be
complied with prior to occupancy of the subject building.
6. All church operations shall occur within the building. Temporary use permits may be
granted-€er Outdoor activity shall be in accordance with the provisions of Conditional Use
Permit No. 78-27 as amended, and with Section 35, Division 10, of the Cypress Zoning
Ordinance pertaining to Temporary Use Permits..
7. 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
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367
Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 78-27
Conditions of Approval
enable the City to file the Certificate of Fee Exemption in accordance with 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.
8. 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
9. Disabled access facilities associated with the multi purpose room building shall be
installed in accordance with the requirements of the Federal Americans with Disabilities Act
(ADA) and State of California Title 24.
10. The developer/property owner shall submit a Storm Water Pollution Prevention Plan, and a
Water Quality Management Plan which identifies construction and post construction Best
Management Practices (BMP's) to the Engineering Division for review and approval. The
project shall also incorporate measures as specified in the County of Orange Drainage Area
Management Plan (DAMP) 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, March 1993 and the County
of Orange Drainage Area Management Plan (1993)
11. 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).
• All applicable Building Division fees.
COMMUNITY DEVELOPMENT CONDITIONS
12. Utilities for the multi purpose room building shall not be released until all conditions of
approval have been met to the satisfaction of the Community Development Department.
13. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 78-27, as amended, will require an additional amendment to the
conditional use permit.
H. 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
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Exhibit "A" Page 3
Amendment to Conditional Use Permit No. 78-27
Conditions of Approval
15. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
16. 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.
17. Onsite security lighting shall be arranged so that direct rays will not shine on or produce
glare for the adjacent street traffic or surrounding properties.
18. 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. 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.
19. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director, and shall be adequately screened from street view with
plant materials.
20. 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 Disposal.
21. 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.
22. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
23. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
24. 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.
25. 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.
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Exhibit"A" Page 4
Amendment to Conditional Use Permit No. 78-27
Conditions of Approval
26. 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.
27. 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.
28. 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.
-' .. . . . - . . . - . . .. . ' - .. - - . No adult
attended church services, classes, or other adult assemblies (i.e. baptisms, weddings,
and funerals) shall be permitted in the multi-purpose room during the same time the
auditorium/sanctuary is occupied by adult activities to a level where onsite parking
demand would be generated that would exceed the number of onsite parking spaces.
30. Should considerable substantiated complaints be received, or considerable substantiated
adverse impacts occur pertaining to the Church's operation, this conditional use permit
may be modified and/or revoked, subject to a public hearing, in accordance with Section
35.95 of the Cypress Zoning Ordinance.
31. 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.
BUILDING CONDITIONS
32. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code,Title 24, and the Code of the City of Cypress.
33. Type 5 cement shall be used for all foundations and slabs on grade.
34. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
35. 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
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Exhibit "A" Page 5
Amendment to Conditional Use Permit No. 78-27
Conditions of Approval
file copy of the approved building plans.
FIRE AUTHORITY CONDITIONS
36. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief
• - . - -- . . ._ . . . ' the
locations of fire hydrants nearest to proposed project. If the system is private, the
system, in a manner meeting the approval of the Fire Chief. Contact the Orange County
Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website for
a copy of the "Guidelines for Private Fire Hydrant and/or Sprinkler Underground
Piping".
37. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a
blue reflective pavement marker indicating the hydrant location on the street or drive per
the Orange County Fire Authority Standard as approved by the Fire Chief. These markers
are to be maintained in good condition by the property owner.
38. Prior to the issuance of a building permit, 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 for
approval to the Orange County Fire Authority. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing system may be required in
each structure affected by insufficient fire flow.
39. Prior to the issuance of a building permit, the applicant shall submit plans for any
modification and/or extension of any existing automatic fire sprinkler system in any
structure to the OCFA for review and approval.
40. Prior to the issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief.
41. Prior to the issuance of a building permit, the applicant shall submit plans and obtain
approval from the Fire Chief for all fire protection access roads to within 150 feet of all
portions of the exterior of every structure onsite. The plans shall indicate the locations of
red curbing and signage. A drawing of the proposed signage with the height, stroke and
color of lettering and the contrasting background color shall be submitted to and
approved by the Fire Chief.
42. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane plan. The approved documents shall
contain a fire lane map and provisions, which prohibit parking in the fire lanes. The
method of enforcement shall be documented.
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Exhibit "A" Page 6
Amendment to Conditional Use Permit No. 78-27
Conditions of Approval
43. Prior to the issuance of a building permit, the applicant shall submit plans for the review
and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form.
Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the Fire Safety
Site/Architectural Notes to be placed on the plans prior to submittal.
11. 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. This system shall be operational
prior to the issuance of a certificate of use and occupancy.
POLICE CONDITIONS
45. Adequate security lighting shall be provided in the parking areas, along walkways, and in
common areas, to the satisfaction of the Police Department and the Community
Development Department.
46. Emergency responders with access to the property shall be provided when the driveway
access gates are closed.
(Revised: 4-8-2002)
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