Resolution No. 6629198
RESOLUTION NO. 6629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 81-4
- 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 4.19.070.1 of the Zoning Ordinance of the City of Cypress to allow an
expansion of the loading dock hours of operation for two existing
office /warehouse /distribution buildings located at 6550 Katella Avenue and 11130 Holder
Street, within the PC -2 Planned Community Business Park 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 PC -2 Planned
Community Business Park Zone in which the site is located, which is:
Intended to result in a development of a general business park
character, including light industrial, office, and retail uses, which
compliment surrounding, existing, and planned land uses.
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) No physical changes to the existing, previously approved,
concrete tilt -up buildings and attached loading docks design are proposed.
(2) The proposed extended loading dock hours are compatible
with surrounding properties within the PC -2 Zone, and do not significantly
change the use of the existing facility, which was previously approved and
has been operating without issue since the early 1980's.
(3) The proposed extension of the existing loading dock hours are
consistent with the typical operational needs of office /warehouse and
distribution uses, which are permitted with a conditional use permit in the
applicable PC -2 Zone and are consistent with the Cypress General Plan's
land use designation of Specific Plan Area.
(4) As conditioned, the proposed loading dock hours of operation
would be compatible with surrounding light industrial uses located in the
same business park, as well as the nearest residential uses located to the
south, because the extended hours would remain consistent with the
restricted delivery and loading dock hours stipulated in the Cypress City
Code.
(5) The existing and proposed amended conditions are consistent
with conditions attached to adjacent and surrounding properties within the
same zone.
(6) The proposed extended loading dock hours are in compliance
with the assumptions and parameters of the Cypress Corporate Center
Amended Specific Plan Environmental Impact Report. As such, the
proposed project qualifies for a Categorical Exemption under CEQA
Guidelines, Section 15303. Accordingly, a Categorical Exemption, Class 1,
will be filed upon project approval.
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c. The proposed expansion of the loading dock hours, as conditioned,
will comply with each of the applicable provisions of the Cypress Zoning Ordinance,
as well as the applicable Cypress Corporate Center Amended Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve the Amendment of Conditional Use Permit No. 81-4,
subject to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 -day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 26th day of June, 2017.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
AYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, 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 26th day of June, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4.e-tt-R_
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
AMENDMENT NO. 4 TO CONDITIONAL USE PERMIT NO. 81-4
(Expansion of Loading Hours)
6550 Katella Avenue & 11130 Holder Street
ADDITIONAL CONDITIONS OF APPROVAL
These conditions shall be added to the previous conditions for Conditional Use Permit No. 81 -4.
New Conditions for Expanded Loading Dock Hours
1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have 15 calendar days to return
the signed affidavit to the Community Development Department. Failure to do so will
render City Council action on the application void. (Planning)
2. (Revised former Condition No. 16) "Hours of operation for the loading dock facility shall be
limited to the hours between 6:00 a.m. and 10:00 p.m. Monday through Saturday. No
delivery operations shall occur on Sunday."
3. The property owner shall post a directional sign at the southeast corner of Katella Avenue
and Holder Street directing delivery trucks to Dana Way & Darin Way.
4. The property owner shall post signs at the Darin Way driveway entrance and on the east side
of the building which prohibits delivery trucks and forklifts from using the parking lot south
of the loading dock area.
5. All signs shall be subject to approval by the Community Development Department prior to
installation.
6. If the City receives substantiated complaints that delivery trucks and/or loading operations
are violating the hours identified in Condition No. 2, or is creating excessive noise on
adjacent properties, this Conditional Use Permit (CUP) shall be brought back to the City
Council for possible modification.
Effective: 6 -26 -2017
• Community Development Department • Planning Division •