Resolution No. 4300226
RESOLUTION NO. 4300
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 92 -15 - 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 modify the site
plan and floor plan of the church facility currently under construction on the property located
at 5271 Lincoln Avenue, in the CH- 10,000 Commercial Heavy 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 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.
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 church development is consistent with the objectives
and standards of the City of Cypress Zoning Ordinance.
(2) Adequate access and parking will be provided onsite.
(3) The church facility will be compatible with surrounding commercial
developments.
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. 92 -15, 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 25th day of April , 1994.
/,t■e/ZoC-4Mer,d/.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY RK OFT ( CIT 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 25th day of April , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ITY CLE OFT CITY OF CYPRESS
228
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 92 -15
CONDITIONS OF APPROVAL
ENGINEERING DEPARTMENT CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
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. A topography
of the area surrounding this development shall be made to establish existing drainage flow
patterns. All onsite drainage conveyed to the street shall be by means of an under -
sidewalk drain. Onsite landscape area 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 (2') between two adjacent
properties.
4. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed along Lincoln Avenue per
California Vehicle Code #22658, to the satisfaction of the City Engineer, and County Fire
Marshal.
5. 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.
6. 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.
7. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained
at the intersection of the driveway entrances with Lincoln Avenue. No landscaping in
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 92 -15
Conditions of Approval
Page 2
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.
8. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. 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.
9. 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.
10. 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.
11. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
12. 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 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.
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230
Exhibit "A"
Amendment to Conditional Use Permit No. 92 -15
Conditions of Approval
Page 3
PLANNING DEPARTMENT CONDITIONS
13. 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.
14. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
15. All requirements of the Orange County Fire Marshal's Office, and Cypress Building and
Safety Department shall be satisfied prior to Certificate of Occupancy.
16. All applicable conditions of Amendment to Conditional Use Permit No. 92 -15 shall be
complied with prior to occupancy of the subject building.
17. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. Amendment to Conditional Use Permit No. 92 -15 will require
an amendment to the conditional use permit.
18. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
19. All business 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.
20. 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.
21. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
22. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 92 -15
Conditions of Approval
Page 4
23. 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.
24. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
25. 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.
26. The transformer boxes and water valves shall be placed in locations acceptable to the
Planning Director and shall be adequately screened from view with plant materials.
27. 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.]
28. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
29. Parking for the handicapped shall be provided in accordance with State requirements.
30. 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 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.
31. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
32. 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.
33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
34. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Planning Department approval prior to any signing installation. The
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232
Exhibit "A"
Amendment to Conditional Use Permit No. 92 -15
Conditions of Approval
Page 5
developer shall not erect or display on the subject property any signs which have not been
approved in writing by the Planning Department.
35. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
36. 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 Department prior to issuance of building permits.
37. 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.
38. 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.
39. 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.
40. 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.
41. In the event parking related concerns are generated as a result of the church use, the
church shall submit an alternate parking plan to the City Planning Department for their
review and approval.
BUILDING DIVISION 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.
44. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 92 -15
Conditions of Approval
Page 6
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. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
FIRE DEPARTMENT CONDITIONS
48. Prior to the issuance of any building permits, plans for he 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, upgraded
to "Ordinary Hazard Group One" per previous approval of church.
49. 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.
50. 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. The occupant
load of the fellowship hall makes it an A2.1.
51. 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. Contact the Fire Department
regarding too narrow access.
52. 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. The plans shall include
sectional views, and indicate the width measured flow line to flow line.
53. 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. Contact the Orange
County Fire Department at (714) 744 -6623 for a copy of the "Guidelines for Fire
Department Emergency Access."
54. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821 -7850.
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Exhibit "A"
Amendment to Conditional Use Permit No. 92 -15
Conditions of Approval
Page 7
B. Locations and classifications of extinguishers to be determined by the fire inspector.
C. 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.
D. Building(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
feet for tires, plastics and some flammable liquids if high stock piling, comply with
UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall be
approved by the Fire Department prior to installation.
Revised 4/11/94
• Community Development Department • Planning Division •