Resolution No. 453224
RESOLUTION NO. 4532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 87 -26 - 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 construct a rear
yard meeting area, garden, and play area, and to modify the parking lot layout at an existing
church located at 6143 Ball Road, within the CG- 10,000 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 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) Two (2) shared parking agreements have been executed and are in
effect to ensure adequate parking for the subject church.
(2) Since the hours and days of operation for the church are different
than the adjacent office uses, and most of the adjacent retail uses, the church use,
as amended, is compatible with surrounding commercial uses.
(3) Approval of the modifications to the church grounds will result in
an upgrade of the property.
(4) Conditions of approval have been added to the church use to avoid
any visual or noise impacts on the nearby residences to the north of the church
property.
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 Amendment to Conditional Use Permit No. 87 -26, 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 11th day of September , 1995.
•
OF THE CITY OF YPRESS
ATTEST:
CI CLLE T CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
25
I, DARRELL ESSEX, 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 11th day of September , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0
ABSTAINED: 1 COUNCIL MEMBERS: Bowman
COUNCIL MEMBERS:
None
' c�
CITY CLE OF THE; OF CYPRESS
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EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 87 -26
6143 BALL ROAD
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant /property owner 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 hoard, 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 sue. - 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 applicant'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 /property owner shall comply with all provisions of the Code of the City
of Cypress.
PLANNING CONDITIONS
4. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 87 -26, with this amendment, will require an amendment to
the conditional use permit.
5. 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
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 87 -26
Conditions of Approval
Page 2
or maintained is detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
6. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
7. Parking for the handicapped shall be provided in accordance with State requirements.
8. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least sixty (60) days prior to installation. 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 year from installation.
9. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
10. Screening trees shall be installed, along the rear perimeter wall, to sufficiently screen the
play area from view by adjacent residential properties to the north. The number,
placement, and variety of such trees shall be subject to review and approval by the
Design Review Committee. Unless otherwise specified, all required trees shall be a
minimum 15- gallon in size and of a variety approved by the Community Development
Director.
11. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
12. The City Council shall maintain the right to review the church's hours of operation in
relation to the rear yard activities 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.
13. The church's hours of operation in relation to rear yard activities, excluding the
meditation area, shall be limited from 8:30 a.m. to 6:00 p.m. only. Late night or early
morning outdoor activities shall be specifically prohibited.
14. The City Council shall maintain the right to review the church's parking plan and may,
subject to a public hearing, require modifications to the parking plan should substantiated
complaints be received that the parking activities are creating an adverse impact upon
neighboring properties and businesses.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 87 -26
Conditions of Approval
Page 3
15. 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
in the amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Exemption in accordance with 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.
BUILDING CONDITIONS
16. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
17. Engineering calculations shall be required for the block wall extension.
18. The children's play area shall be handicap accessible per California Title 24 standards.
19. Appropriate placement and number of handicap accessible parking stalls shall be subject
to review and approval by the Building Official.
POLICE CONDITIONS
20. The rear yard gate shall remain closed and secured at all times, except for maintenance
or emergency purposes. Ingress /egress by persons shall take place through the church
building.
Revised 9 -13 -95
• Community Development Department • Planning Division •