Resolution No. 4581237
RESOLUTION NO. 4581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 91 -3 - WITH
CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to add a 3.5 acre
parking lot to an existing church and school facility located at 5100 Cerritos 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 amended 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 amended 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 parking lot is consistent with the objectives and
standards of the City of Cypress Zoning Ordinance, and the Cypress Business and
Professional Center Specific Plan.
(2) The City Engineer has reviewed the proposed parking lot plan and
has determined that it will not adversely effect the onsite parking and circulation
of the existing church /school facility.
(3) The proposed parking lot serves to eliminate the church /school
patrons from parking on adjacent business park parcels. Therefore, it will be
compatible with surrounding business park development.
(4) According to the provisions of the California Environmental
Quality Act, the proposed parking lot project is considered to be Categorically
Exempt, Class Eleven (11), as the construction of a parking lot which is
accessory to an existing facility.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the Cypress Zoning Ordinance and the Cypress Business and
Professional Center Specific Plane
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment No. 2 to Conditional Use Permit No. 91 -3, subject
to the conditions attached hereto as Exhibit "A".
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238
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of January , 1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN 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 8th day of January , 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
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CITY CLERK OF THE CITY OF CYPRESS
239
EXHIBIT "A"
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 91 -3
5100 CERRITOS AVENUE
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 Lea. - 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, including the Cypress Zoning Ordinance.
4. All applicable conditions of Amendment No. 2 to Conditional Use Permit No. 91 -3 shall
be complied with prior to final sign -off of the building permit for the subject parking lot.
5. 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
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240
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 91 -3
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.
ENGINEERING CONDITIONS
6. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance
shall be satisfied. A Parcel Map or Lot Line Adjustment shall be recorded prior to
issuance of Building Department Permits for the subject parking lot improvements.
6a. A revised Race Course Parking Plan shall be submitted to the City for review and
approval prior to approval of the associated lot line adjustment transferring the subject
property from the Race Course parcel to the Grace Church parcel.
7. Drainage shall be solved to the satisfaction of the City Engineer. A grading 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. A topography
of the area surrounding this development shall be made to establish existing drainage
flow patterns. If the existing natural flow of any adjoining parcel is across the land of
this development, a drainage easement shall be granted and drainage facilities provided
for that property to the satisfaction of the City Engineer. 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%).
8. 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.
9. 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.
10. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
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241
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 91 -3
Conditions of Approval
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
COMMUNITY DEVELOPMENT CONDITIONS
Page 3
11. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 91 -3, as amended, will require another amendment to the
conditional use permit.
12. This conditional use permit amendment 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.
13. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
14. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
15. Architectural site plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits.
16. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
17. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
18. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
19. Parking for the handicapped shall be provided in accordance with State requirements.
20. 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
installation. The fee for the City review of the landscape and irrigation plans (as set
forth by City Resolution No. 4001) shall be paid upon submittal of the plans for review.
In addition, a bond shall be posted with the Public Works Department to guarantee
against defects in plant materials and workmanship.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 91 -3
Conditions of Approval
Page 4
21. Pursuant to Section 14.3 of the Cypress Zoning Ordinance, the landscape plan for the
parking lot shall include at least one (1) minimum fifteen - gallon tree for each eight (8)
parking spaces. In addition, one (1) minimum twenty- four -inch box tree shall be
provided in the interior portions of the parking area for each one thousand five hundred
(1,500) square feet of parking area of a variety approved by the Community
Development Department.
22. 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.
23. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
24. 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.
25. 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.
26. 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.
27. 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.
BUILDING CONDITIONS
28. 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.
29. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
30. The landscaping and irrigation plans must be included in original plan check submittal.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 91 -3
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 5
31. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
32. Prior to the issuance of any grading permits, plans for all streets and courts, public or
private, shall be submitted to and approved by the Fire Chief. A minimum 20 -foot
clearance shall be provided for all fire access roadways. The plans shall include
sectional views, and indicate the width measured flow line to flow line. All proposed
fire apparatus turnarounds shall be clearly marked.
33. Prior to the issuance of any grading permit, street improvement plans with fire lanes
shown shall be submitted to and approved by the Fire Chief. Indicate the locations of
red curbing and signage. Provide a drawing of the proposed signage with the height,
stroke and color of lettering and the contrasting background color. If red painted curbing
is used, then post sign stating "Fire Lane". No parking shall be permitted along the red
zone.
34. Prior to the issuance of any building permits, construction details for any emergency
access gate shall be submitted to and approved by the Fire Chief. The gate information
submitted shall include the gate width, locking devices, and emergency override mode
in the event of a power failure (if electrically operated). Contact the Orange County Fire
Authority at (714) 744 -6623 for a copy of the "Guidelines for Fire Department
Emergency Access".
35. 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) 821 -7850.
Effective 01 -08 -96
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