Resolution No. 4691RESOLUTION NO. 4691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 96 -9 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with the
provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to establish a church
use located at 5900 Ball Road within the CG Commercial General Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the Zone in which the site is
located, which is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 location of the use is in accord with the objectives
of this ordinance and the purpose of the zone in which the site is located.
(2) The proposed location of the conditional use and the conditions
under which it will 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.
(3) The proposed use will contain adequate access and onsite parking.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 96 -9, 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 12th day of August , 1996.
ATTEST:
Isar`A..-
4-L,L
CI CLERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
- 1 -
MAYOR OF THE CITY OF CYPRESS
143
144
I, LILLIAN M. HAINA, 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 12th day of August , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 96 -9
CONDITIONS OF APPROVAL
*Denotes Condition Specific to this Project.
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
145
2. A grading and drainage 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 by the City Engineer. A topography of the area surrounding this
development shall be made to establish existing drainage flow patterns. All onsite
drainage conveyed to the street shall be by means of an under - sidewalk drain. All lots
shall have a slope gradient of one percent (1 %) minimum in landscape areas. In parking
areas, AC shall have a minimum slope gradient of one and one -half percent (1.5 %) or
as approved by the City Engineer, and concrete shall have a minimum slope gradient of
two - tenths percent. (.2 %).
3. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
4. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed to the satisfaction of the
City Engineer, and County Fire Marshal. Onsite traffic circulation shall be subject to
the approval of the City Engineer.
5. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
6. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. 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.
7. All utility services shall be underground.
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Community Development Department • Planning Division •
146
Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
• Engineering Plan Check & Inspection Fee (Per Resolution 2964, 4001)
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
Page 2
9. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions,
or proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 2100 et seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
PLANNING CONDITIONS
10. The developers contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be performed under the development executed by the Named
Insured and City, including any act or omission of employees, agents, subcontractors,
or their employees. Such certificate shall have a thirty (30) day cancellation notice to
the City of Cypress.
11. A lot line adjustment to consolidate the two (2) parcels into one (1) parcel shall be
recorded prior to occupancy of the building.
12. All improvements illustrated on the plans shall be completed prior to occupancy of the
building except:
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
Page 3
The chain link fencing shall be allowed to be maintained for up to three (3) years with
the requirement that it be upgraded to a safe and secure condition.
The construction of a six foot (6') high block wall along the south and west property
lines shall be completed within three (3) years from the date of approval.
Paving of at least one hundred two (102) parking spaces shall be required with the
remaining area to be either paved or sodded prior to Certificate of Occupancy.
The proposed security gates at the front of the property are optional.
13. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
14. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of church operations.
15. All applicable conditions of Conditional Use Permit No. 96 -9 shall be complied with
prior to occupancy of the subject building.
16. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -9 will require an amendment to the conditional use
permit.
17. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
18. All activities shall occur within the building. Temporary use permits may be granted for
outdoor activities in accordance with Section 13.1 of the Cypress Zoning Ordinance.
19. 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.
20. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
• Community Development Department • Planning Division •
148
Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
Page 4
21. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
22. 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.
23. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
24. 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.
25. 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.
26. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
27. Parking for the handicapped shall be provided in accordance with State requirements.
*28. A landscape screen shall be planted along the west property line consisting of
twenty -four. inch (24 ") box trees at twenty feet (20') on center.
29. 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.
30. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
31. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
14
Page 5
32. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development Department approval prior to any signing
installation. 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.
33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
34. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
35. 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.
36. All walls, fences and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the structure's
structural integrity or appearance.
37. 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.
38. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
39. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface finished materials.
40. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
41. 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 Thirty -eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination required under Public Resources Code
Section 21152. If within such forty -eight (48) hour period the applicant /developer has
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
Page 6
not delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
BUILDING CONDITIONS
42. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
43. An automatic fire sprinkler system, approved by the Fire Marshal, will be required.
44. 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.
45. Type 5 cement shall be used for all foundations and slabs on grade.
46. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
47. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
48. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential) must be placed "onsite" out of the public right -of -way.
(Example: Street side of curb is public right -of -way. Not allowed.)
FIRE AUTHORITY CONDITIONS
49. Prior to the recordation of any subdivision map or the issuance of any building permits,
whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site
fire hydrant system and indicate whether it is public or private. If the system is private,
the system shall be reviewed and approved by the Fire Chief prior to issuance of building
permits. Provisions shall be made by the applicant to the repair and maintenance of the
system, in a manner meeting the approval of the Fire Chief. Existing fire hydrant system
may suffice.
50. Prior to the issuance of any grading permits, plans for all streets and courts, public or
private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
151
Page 7
plans shall include the plan view, sectional view, and indicate the width of the street or
court measured flow line to flow line. All proposed fire apparatus turnarounds shall be
clearly marked when a dead -end street exceeds 150 feet or when other conditions require
it.
51. Prior to the issuance of any building permits on those lot(s) /parcel(s) determined
applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be
submitted to and approved by the Fire Chief prior to installation. This system shall be
operational prior to the issuance of a certificate of use and occupance.
52. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building to the Fire Chief for review and approval.
53. Prior to the issuance of any building permits, the applicant shall contact the Orange
County Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain
County Fire Authority Hazardous Materials Business Information and Chemical Inventory
Packet". This shall be completed and submitted to the Fire Chief before the issuance of
any building permits.
54. Prior to approval of a site development /use permit, or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of
the Fire Chief. The applicant shall include information on the plans required by the Fire
Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-
0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
55. Prior to installation, plans for the fire alarm system shall be submitted to and approved
by the Fire Chief for review and approval.
56. The following notes shall be provided on the site plan:
1. Water for fire protection purposes and an all weather access road shall be in place
prior to any combustible materials being placed onsite.
2. A letter of intended use for the structure shall be submitted to and approved by
the Fire Chief prior to issuance of a grading or building permit, which ever
occurs first.
3. A water availability form shall be submitted to and approved by the Fire Chief
prior to the issuance of a building permit.
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Exhibit "A"
Conditional Use Permit No. 96 -9
Conditions of Approval
Page 8
4. Plans for on -site water supply systems for fire protection shall be approved by the
Fire Chief prior to issuance of a building permit. Sprinkler systems to be placed
in structures, that are part of this system, are to be designed to a minimum
density of .33 gallons per square foot over a 3000 square feet design area. If a
high pile stock storage system is to be utilized in the structure the system design
shall be designed to a minimum density of .495 gallons per square foot over a
2000 square feet design area.
5. Locations and classifications of extinguishers to be determined by the fire
inspector.
6. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
7. Plans of new or modifications to existing fire protection, detector or alarm
system(s) shall be approved by the Fire Authority prior to installation.
8. Building(s) not approved for high piled combustible storage. Materials in closely
packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and
6 feet for tires, plastics and some flammable liquids if high stock piling, comply
with UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
9. Fire Authority final inspection required. Schedule inspections two (2) days in
advance. Phone (714) 821 -7850.
Revised 8/15/96
• Community Development Department • Planning Division •