Resolution No. 4555109
RESOLUTION NO. 4555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -18 - 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 a church use
to operate within an existing 2,520 square -foot commercial lease space located at 4552 Lincoln
Avenue, Suites 103 -104, within the CH /LC Commercial Heavy /Lincoln Combining 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 provide appropriately located areas for establishments catering
primarily to highway travelers, visitors to the City or such businesses or
uses where direct access to major arterial highways is essential or
desirable for their operation. Additionally, this zone is intended to
promote a revitalization of the commercial areas on Lincoln Avenue, and
thereby enhance the economic base of the City; to improve the image of
the City by providing an aesthetically pleasing environment along Lincoln
Avenue; and to expand opportunities for the development of identified
deep lots by providing a means for the establishment of a variety of urban
uses in conjunction with commercial projects.
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) Sufficient access is available to the subject site off of Lincoln
Avenue, a major arterial roadway.
(2) As conditioned, the hours of operation for the church will be
restricted to insure adequate parking availability during the commercial hours of
operation for the other tenants within the subject commercial center.
(3) As conditioned, the church use will comply with the Noise Element
of the Cypress General Plan and the Noise Ordinance of the Cypress City Code.
(4) As conditioned regarding parking, hours of operation, and noise,
the church is compatible with other uses on the subject property and on
surrounding properties.
(5) As conditioned, approval of the church project will result in
interior tenant improvements only, which will be in compliance with current
applicable codes and policies.
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. 95 -18, subject to the conditions
attached hereto as Exhibit "A".
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November , 1995.
ATTEST:
CITY OF CYPRESS
LERK O THE CI O
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
•
AYOR OF THE CITY OF 4 PRESS
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 13th day of November , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Jones, Kerry and Age
NOES: 1 COUNCIL MEMBERS: Carroll
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 95 -18
4552 Lincoln Avenue, Suites 103 -104
CONDITIONS OF APPROVAL
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 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.
3. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
4. All applicable conditions of Conditional Use Permit No. 95 -18 shall be complied with
prior to occupancy of the subject building.
5. All church activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
6. 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
in the amount of Twenty -five Dollars ($25.00) 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
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 95 -18
Conditions of Approval
Page 2
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
COMMUNITY DEVELOPMENT CONDITIONS
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -18 will require an amendment to the conditional use
permit.
8. 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.
9. The church shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department.
10. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
11. The church's hours of operation shall be limited to the following: only administration
activities between 7 a.m. and 6 p.m. weekdays; classes twice a week only between 7
p.m. and 9 p.m. weekdays; church services only on one (1) night per week between 7
p.m. and 9 p.m. and Sundays between 9 a.m. and 6 p.m. The City Council shall
maintain the right to review the church's hours of operation and may, subject to a public
hearing, limit the church hours should substantiated complaints be received that the
business hours are creating an adverse impact upon neighboring properties.
12. Should parking or traffic become a problem at the subject commercial center, additional
measures shall be imposed to mitigate the issue. Such measures may include, but not be
limited to, accessory shared parking agreements, traffic control, and limitation of the
church's hours of operation.
13. The subject project shall comply with the Noise Element of the Cypress General Plan and
the noise ordinance of the Cypress City Code. As a "noise sensitive land use ", the
church building shall provide acoustical protection to offset interior audible noise from
Lincoln Avenue. Proof of interior acoustical protection shall be submitted with the plans
for plan check prior to issuance of building permits.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 95 -18
Conditions of Approval
BUILDING CONDITIONS
Page 3
14. 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.
15. An acoustical report shall be submitted with the plans for plan check. Report shall meet
all the requirements of the Uniform Building Code and Title 24 of the California Code
of Regulations.
16. Panic hardware shall be required on exit doors for the church. This church use is
considered an A -3 occupancy, with an occupancy load of 257 maximum people (based
on an 1,800 s.f. assembly area at 7 s.f. per occupant). Exit widths shall be based on this
occupancy load figure as determined by the Building Official.
FIRE AUTHORITY CONDITIONS
17. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
18. Tenant improvement architectural plans shall be submitted to the Fire Authority for
review regarding occupancy load and exiting from the church. Information provided on
the plans shall include, but not be limited to, exit doors, exit signs, door hardware,
seating arrangement, etc.
19. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
POLICE CONDITIONS
20. Any onsite activity or conduct that does not comport with the public health and /or safety
and is illegal or criminal in nature shall be grounds for revocation of Conditional Use
Permit No. 95 -18.
Effective 11 -13 -95
• Community Development Department • Planning Division •