Resolution No. 4724263
RESOLUTION NO. 4724
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 96 -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 for 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
installation of five (5) sports field lighting structures and the associated use of the lights for youth
soccer practice activities, on the existing Lexington Junior High School field area located at 4351
Orange 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 zone in which the site is
located 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 night -time athletic practice field use is a conditionally
permitted use within the PS Public and Semi - public Zone.
(2) The proposed night -time athletic practice field use is compatible
with surrounding public school and residential uses.
(3) The proposed night -time athletic practice field use will provide
additional recreational opportunities to youth athletics programs in the City of
Cypress.
(4) The proposed night -time athletic practice field use complies with
the requirements of Section 12.4 of the Cypress Zoning Ordinance with regard to
recreational uses, including maximum height.
(5) The proposed lighting for the night -time athletic practice field
facility will be located and designed so as to minimize the visual impact on
surrounding properties and from public streets.
(6) The materials used in the construction of the lighting for the
proposed night -time athletic practice field facility will not be bright, shiny, garish
or reflective.
(7) The lighting structures and equipment cabinets for the proposed
night -time athletic practice field facility will be placed in an area which does not
conflict with on -site parking and pedestrian, bicycle, and vehicle circulation.
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(8) Based on City staff's review of the available information regarding
light and glare impacts, the lighting for the proposed night -time athletic practice
field facility will not generate spill -over light or glare levels considered harmful
by the industry standards.
(9) As conditioned regarding the hours of night -time activities, the
proposed night -time athletic practice field use will not generate noise inconsistent
with the provisions of the Cypress Noise Ordinance (Cypress City Code, Article
VII, Chapter 13, Section 13- 70.a.).
(10) The proposed project will be conditioned such that, should
substantiated complaints be received that the subject facility is causing adverse
impacts on surrounding properties or uses, the City Council may modify and/or
revoke the subject conditional use permit, subject to a public hearing.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress 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 -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 12th day of November 1996.
OillE.,/rACtivv-Aa•r MAYO R OF THE CF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 November , 1996, by the following roll call vote:
AYES: 4
NOES: 1
ABSENT: 0
COUNCIL MEMBERS: Age, Jones, Kerry and Bowman
COUNCIL MEMBERS: Carroll
COUNCIL MEMBERS: None
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2s? C)t-\ • T
CITY CLERK OF THE CITY OF CYPRESS
265
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -11
4351 Orange Avenue
CONDITIONS OF APPROVAL
* Denotes conditions which are specific to this project.
Bold Denotes conditions which are also mitigation measures.
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 seg. - 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. 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 not
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
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266
Exhibit "A"
Conditional Use Permit No. 96 -11
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
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 proposed SCE transformer pad and the proposed main switchboard /meter shall be
installed at a minimum distance of fifteen feet (15') north of the southern perimeter fence
of the field site, to allow sufficient room for a possible future bike trail inside the fence
line.
COMMUNITY DEVELOPMENT CONDITIONS
7. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -11 will require an amendment to the conditional use
permit.
9. 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.
10. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
11. All equipment, such as electrical wiring and mechanical equipment associated with the
lighting structures shall be buried underground or enclosed in electrical equipment
cabinets.
12. The project shall be constructed as illustrated on plans and renderings submitted.
13. Although it has been determined that no portion of the subject development encroaches
within the 50 to 1 approach surface, nor the 100 to 1 imaginary surface surrounding the
Los Alamitos Air Base, the developer shall comply with any other FAA requirements
related to the height of the lighting structures.
14. Any substantiated complaints or violations to these conditions may result in the
termination of the night -time sports practice use, subject to a public hearing before the
City Council.
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267
Exhibit "A"
Conditional Use Permit No. 96 -11
Conditions of Approval
Page 3
15. The City Council shall maintain the right to review the night -time sports practice hours
of operation and may, subject to a public hearing, limit the business hours should
substantiated complaints be received that the night -time practice hours are creating an
adverse impact upon neighboring properties.
*16. Prior to issuance of building permits for the proposed lighting project, the applicant
shall submit to the Community Development Department verification of permission
to use the parking lot at Arnold Elementary School for after - school sports activities
on the Lexington Junior High School fields. (Mitigation Measure No. 2)
*17. The soccer practices shall not be held on evenings when the schools are holding
night -time events. Cypress Recreation and Parks District shall be responsible for
coordinating the scheduling of night -time field activities with the appropriate school
districts, to avoid any conflict with scheduled night -time school activities.
(Mitigation Measure No. 3)
*18. No more than four (4) teams per field shall be permitted to practice at the same
time, for a total of eight (8) teams on the two (2) fields at the same time. (Mitigation
Measure No. 4)
*19. Construction operations associated with the lighting installation shall comply with
the Cypress Noise Ordinance (Cypress City Code, Article VII, Chapter 13, Section
13). (Mitigation Measure No. 5)
*20. Night -time use of the lighted school field area shall be restricted to youth sports
practice activities only. No games shall be scheduled after dusk. No adult games or
practices shall be held at the field facility after dusk. The hours of illumination of
the field area, and the associated youth sports practice activities, shall be restricted
to the hours from dusk to 9:00 p.m., Monday through Friday. The practice
activities may begin before dusk, subject to approved scheduling. (Mitigation
Measure No. 6)
*21. The City of Cypress Recreation and Parks District shall be responsible for the
scheduling of all non - school activities during the hours of illumination of the athletic
fields. (Mitigation Measure No. 7)
*22. Electric sound amplification and air -horns shall be prohibited during evening field
practice activities. (Mitigation Measure No. 8)
*23. The City of Cypress Recreation and Parks District shall cause flyers to be distributed
to the sports groups utilizing the athletic fields, informing the group members of
courtesy rules applicable to the utilization of the field facility (i.e. no honking of car
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268
Exhibit "A"
Conditional Use Permit No. 96 -11
Conditions of Approval
Page 4
horns, no playing loud music, and picking up litter from the field area). This flyer
shall be submitted for review and approval to the Cypress Recreation and Parks
Department prior to distribution. (Mitigation Measure No. 9)
*24. The field lighting system shall include at least a Level 8 Modification Glare Control
System to minimize any spill light and glare onto nearby residential properties. The
lighting contractor shall install and engineer the field lights, including adjustments
to height and angle, to reduce glare and spill light as much as possible (no higher
than .50 foot - candles) on the residential properties. If there is significant spill light
and /or glare after installation, the offending lights shall be re -aimed by the lighting
contractor to the satisfaction of the City. (Mitigation Measure No. 10)
*25. Timers and controls shall be installed for the field lights so that, once turned on
manually, they will dim to half -power at 8:45 p.m. and turn off at 9:00 p.m.
(Mitigation Measure No. 11)
*26. Use of the lighting for the evening sports practice activities shall be regulated by the
Cypress Recreation and Parks District to ensure the hours of use do not extend
beyond 9:00 p.m. on Monday through Friday only. To ensure that the field lighting
will not be operated on week -end nights, or after 9:00 p.m. on week - nights, all after -
school athletic activities shall be scheduled to end by dusk on week -ends and
practices activities to end by 8:30 p.m. on week - nights. (Mitigation Measure No. 12)
*27. Night -time week -end use of the athletic fields shall be prohibited, except with prior
written notice to the Cypress Recreation and Parks District and approval by the
Recreation and Parks District Director, the City Public Works Director, and the City
Community Development Director with ultimate approval by the City Council.
(Mitigation Measure No. 13)
28. Temporary use permits for special night -time outdoor events and activities may be
granted, in accordance with Section 13 of the Cypress Zoning Ordinance.
*29. No advertizing material shall be permitted on the light structures.
BUILDING CONDITIONS
30. The lighting structures shall be required to go through the Department of the State
Architect (DSA) plan -check process. The applicant shall submit a copy of the DSA
approved plans for the City files, prior to issuance of a no -fee City electrical permit.
(Mitigation Measure No. 1)
Revised 11 -13 -96
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