Resolution No. 425954
RESOLUTION NO. 4259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 76 -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 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 kitchen and two (2) bathrooms onto an existing church building located at 4421 Cerritos
Avenue, in the CN Commercial Neighborhood 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 for neighborhood shopping centers which provide limited
retail business service and office facilities for the convenience of
residents of the neighborhood. The4 shopping centers are intended
to be compatible with a residential eniiironment at locations indicated
on the General Plan. In addition, this zone allows for the location of
churches, subject to a conditional use permit.
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 adjacent arterial street has more than adequate capacity to
accommodate the projected volumes of pedestrian and vehicular traffic to be
generated by this addition to the existing church use.
(2) The church property contains adequate off - street parking
remaining after this addition to accommodate the anticipated number of
vehicles which are generated by the existing church use.
(3) Public hearing notices were mailed to all property owners within
300 feet without any owner protesting this application.
(4) This addition provides additional amenities to the existing
church congregation, and does not intensify the existing church use.
c. The proposed amended 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 Amendment to Conditional Use Permit No. 76 -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 8th day of November , 1993.
MAYOR OF THE
F CYPRESS
ATTEST:
CIT CLER O THE ITY 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 8th day of November , 1993, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Age
CITY CLERK OFT CITY OF CYPRESS
2
56
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 76 -11
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
2. 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. 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 %).
3. 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 adjacent
properties.
4. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
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. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connecting existing buildings at this property shall be plugged at the property line.
7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
•
•
•
Engineering Plan Check & Inspection Fee (Per Resolution 2964).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
A I,
Page 2
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
8. 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 (§ 2100 et semc . - 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.
9. 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.
10. The property owner shall comply with all applicable conditions of Conditional Use Permit
No. 76 -11 and Design Review Committee No. 88 -26.
11. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 76 -11 or this Amendment to Conditional Use Permit No. 76-
11 will require another amendment to the conditional use permit.
12. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
13. All church activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
• Community Development Department ■ Planning Division •
58
Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
Page 3
14. 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.
15. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
16. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
17. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
18. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff. Commercial
or industrial developments which adjoin residentially zoned areas shall construct noise
bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the
satisfaction of City staff.
19. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
20. Parking for the handicapped shall be provided in accordance with State requirements.
21. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
22. 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.
23. 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.
24. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
Page 4
25. 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.
26. 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 church hours are creating an adverse impact upon neighboring
properties.
27. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
28. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed, if
required by the Orange County Fire Department.
29. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and/or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
30. Type 5 cement shall be used for all foundations and slabs on grade.
31. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
32. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
33. Health Department approval must be stamped on the plans prior to Building Division
approval for permit issuance.
34. All plan check fees must be paid before plans will be approved for submittal into plan
check.
35. Fire Department Final Inspection required. Schedule inspection 2 days in advance. Phone
821 -7850.
36. Locations and classifications of extinguishers to be determined by fire inspector.
37. Storage, dispensing or use of any flammable and combustible liquids, flammable and
compressed gasses and other hazardous materials shall comply with Uniform Fire Code
Regulations.
38. Buildings(s) not approved for high piled combustible storage. Materials in closely packed
piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6
• Community Development Department ■ Planning Division •
60
Exhibit "A"
Amendment to Conditional Use Permit No. 76 -11
Conditions of Approval
Page 5
feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC,
Art. 81 and NFPA Std. 231, 231C and 231D.
39. Plans of modifications to or new fire protection, detector or alarm system(s) shall be
approved by the Fire Department prior to installation.
40. Prior to installation, plans for an approved fire - suppression system for the protection of
commercial -type cooking equipment shall be submitted to the Fire Chief for approval.
The system shall comply with the 1991 Uniform Fire Code Sec. 10.513.
41. Prior to the issuance of any building permits, a letter of intended use from the owner shall
be provided to the Fire Chief at the time of the architectural plan submittal.
42. All exterior doors shall have locking hardware designed to be locked from the exterior,
but unlocked from the interior for exiting purposes.
Revised 10/25/93
• Community Development Department • Planning Division ■