Resolution No. 4557116
RESOLUTION NO. 4557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -20 - 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
located at 6269 Ball Road in the 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) The proposed location of the conditional use is in accord with the
objectives of this ordinance and the purpose of the General Commercial Zone.
(2) The project, by improving the adjacent lot will provide sufficient
parking for the church use.
(3) The establishment of a church and the potential noise from this use
will not adversely impact residential zone since no outdoor activity is proposed.
(4) The proposed conditional use permit will comply with each of the
applicable provisions of this ordinance, except for the approved variance.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95 -20, 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 13th day of November , 1995.
1
MAYOR OF THE CITY OF r PRESS
ATTEST:
CITY CLERK OF THE
TY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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: 5
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0
COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
COUNCIL MEMBERS: None
TY OF CYPRESS
117
118
EXHIBIT "A"
APPLICATION: Conditional Use Permit No. 95- 20/Variance No. 95 -11
ADDRESS: 6269 Ball Road
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 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.
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.
4. 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 the business operation.
6. All applicable conditions of Conditional Use Permit No. 95 -20 /Variance No. 95 -11 shall
be complied with prior to occupancy of the subject building.
7. All business 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.
8. 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
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -20 and
Variance No. 95 -11
Conditions of Approval
119
Page 2
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.
ENGINEERING CONDITIONS
9. The developer shall conform to all applicable provisions of the Code of the City of
Cypress. All requirements of the State Subdivision Map Act, and the City's Subdivision
Ordinance shall be satisfied. A Parcel Map shall be recorded prior to issuance of Building
Department Permits.
10. Drainage shall be solved to the satisfaction of the City Engineer. A grading and site plan
shall be submitted for approval. 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 %).
11. 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.
12. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the City Engineer, and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
13. 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.
14. Juanita Street shall be dedicated and fully improved with curb, gutter, sidewalk, driveway,
paving, etc., in accordance with the City's Code requirement of Streets. Juanita Street
shall have a total right -of -way width of 32 feet (32'). Curb returns at the intersection of
• Community Development Department • Planning Division •
120
Exhibit "A"
Conditional Use Permit No. 95 -20 and
Variance No. 95 -11
Conditions of Approval
Page 3
Juanita Street and Ball Road shall have a radius of 35 feet (35'). The corner cutoff shall
be dedicated to the City of Cypress for roadway purposes.
15. 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.
16. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. In City streets lateral open cuts spaced within twenty
feet (20') of each other shall be covered with a one inch (1") continuous A.C. cap.
17. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right-of-Way shall
be maintained by the developer.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
All applicable Building Department fees.
19. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee
against any defects in plant materials and workmanship. A soils report for all planting
areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public
Works Department for approval at least thirty (30) days prior to planting date. Test
results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium
status, and boron saturation extract. Additionally, an agreement shall be executed by the
developer to provide for ongoing maintenance.
PLANNING CONDITIONS
20. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -20 will require an amendment to the conditional use
permit.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -20 and
Variance No. 95 -11
Conditions of Approval
Page 41 21
21. 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.
22. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
23. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
24. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
25. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite
and at a location acceptable to City staff. [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right -of -way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
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 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.
29. 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.
30. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
31. 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.
32. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
• Community Development Department • Planning Division •
122
Exhibit "A"
Conditional Use Permit No. 95 -20 and
Variance No. 95 -11
Conditions of Approval
Page 5
33. 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.
34. 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.
35. 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.
36. The access door to the business premises facing the alleyway and adjoining a residential
zone shall remain closed during all hours of business operation. Said door shall be
designated and used for emergency exit purposes only.
37. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
38. A Covenant of Easement shall be approved by the City Attorney prior to the issuance of
Building Permits.
39. The applicant shall revise the elevation drawings to reflect any modifications from City
Council and the height change of the tower prior to submittal into Building Division Plan
Check.
40. Sanctuary area shall be reduced and re- designed to accommodate a maximum occupancy
which shall be restricted to 144 persons based on the square footage of the assembly area
and the available onsite parking. If this is not done the applicant shall apply for a
variance and Conditional Use Permit No. 95 -20 must be reheard.
41. Hours of operation shall be limited to fifteen (15) hours per week. An increase in the
hours of operation shall require an amendment to Conditional Use Permit No. 95 -20.
BUILDING CONDITIONS
42. 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.
43. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -20 and
Variance No. 95 -11
Conditions of Approval
Page 6123
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. Issues remaining from past business use shall be addressed during plan check.
48. First floor assembly rooms may require a second exit. This exit must be accessible.
49. Minimum width of aisles on outside of pews must be three feet (3') for aisles with slopes
greater than one (1) vertical to eight (8) horizontal.
FIRE CONDITIONS
50. Prior to the issuance of permit, water improvement plans shall be submitted to and
approved by the Fire Chief to ensure adequate fire protection. The water system design,
location of valves, and the distribution of fire hydrants will be evaluated and approved by
the Chief. Show all existing fire hydrants within 300 feet of site.
51. Prior to the issuance of any building permits, 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 Occupancy. These
plans may be required due to change of occupancy. This will be determined upon formal
plan check review. If a sprinkler system exists, provide tenant improvement plans for
view and approval.
52. Prior to the issuance of any building permits, plans for the fire alarm system plans 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 Occupancy. Alarm system
required for any room /area used for educational purposes.
53. 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.
• Community Development Department • Planning Division •
124
Exhibit "A"
Conditional Use Permit No. 95 -20 and
Variance No. 95 -11
Conditions of Approval
Page 7
C. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
54. Provide architectural plans with additional information regarding exiting from structure.
Information should include but not be limited to exit signs, exit doors, door hardware, etc.
ADDITIONAL CONDITION
55. The total height of the project from finished grade, including the tower and the cross shall
not exceed forty feet (40').
Revised 11/14/95
• Community Development Department • Planning Division •