Resolution No. 6694RESOLUTION NO 6694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 3130 SUBJECT TO CONDITIONS
WHEREAS, 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 Crty of Cypress to allow a thrift
store with a donation area on the property located at 6006 Lincoln Avenue, within the PC
Planned Community Zone, and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law; and
WHEREAS, based upon substantial evidence presented at such public hearing
considered as a whole, both oral and written, including the staff report presented in
connection therewith, the City Council adopts the following resolution.
NOW, THEREFORE, the City Council of the City of Cypress does hereby FIND
DETERMINE, and RESOLVE as follows'
1 The proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purpose of the PC Planned Community Zone in which the
site is located, which is:
'Intended to provide the opportunity for the design and development
of integrated, master planned projects in areas of the City which may benefit
from special design standards and land uses not otherwise possible under
conventional zoning district regulations
2 The proposed thrift store use would satisfy the findings required for a
conditional use permit in that.
(a) The proposed location of the conditional use is consistent with the
requirements of the general plan and the zoning district in which the site is located.
(b) The proposed location of the conditional use and the conditions under
which it would be operated or maintained would not be detrimental to the public health,
safety or general welfare, nor would be materially injurious to properties or improvements
in the vicinity
(c) The proposed conditional use would comply with all applicable
provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan. The
thrift store, as proposed, would be consistent with the goals and policies of the City of
Cypress General Plan for the Specific Plan land use designation in which it is located.
(d) There is sufficient infrastructure and public services to accommodate
the proposed thrift store within the project vicinity
(e) Pursuant to Section 15061(b)(3) of the California Environmental
Quality Act (CEQA) Guidelines, this project is exempt from environmental review.
(f) The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan
(g) Conditional Use Permit No 3130, subject to the conditions attached
hereto as Exhibit 'A is by this resolution approved and adopted
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 9'h day of July 2018.
OF THE CITY OF CYPRESS
034
ATTEST
035
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
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 9'h day of July 2018, by the following roll call vote.
AYES. 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry and Peat
NOES. 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS. None
f(:'cti ‘)L Zwi�4a11
CITY CLERK OF THE CITY OF CYPRESS
036
EXHIBIT "A"
Conditional Use Permit No. 3130
6006 Lincoln Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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)
1.2. The applicant 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 6649937 and Public Resources Code, Division 13, CH. 4 1§
21000 et seq. including but not by way of limitation § 21152 and 21167). City shall
promptly notify the applicant of any claim, action, or proceeding brought within this time
period (City Attorney)
1 3. The applicant'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 30 day cancellation notice to the City of Cypress. (City Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning)
1 5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
1 7 The applicant shall obtain a Cypress business license prior to commencement of the business
operation. (Finance)
Community Development Department Planning Division
037
Exhibit A
Conditional Use Permit No 3130
Conditions of Approval
Page 2
1.8 All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.9 Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the satisfaction
of the Community Development Department. (Planning)
2 2. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit (Planning)
2.3. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 19 of the Cypress Zoning Ordinance
(Planning)
2.4. 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 (Planning)
3. Architectural
3.1 Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits (Planning)
3.2. 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. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. 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.
(Planning)
3.5. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
Community Development Department Planning Division •
038
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
Page 3
3.6. The applicant shall install wrought iron fencing on top of the south property line wall
to match the appearance and height of the east property line wall. A six-foot high
wrought iron fence and pedestrian gates shall be installed in the two wall openings at
the southeast corner of the property. The pedestrian gates shall remain open during
regular store hours and shall be locked when the store is closed. (Planning)
4. Signage
4.1 A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to the installation of any
signs. 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 (Planting)
4 2. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planting)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning
Division for review and approval at least 60 days prior to issuance of a certificate of
occupancy In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship for a period of one year from acceptance of the
landscape installation. All required landscaping shall be permanently maintained in a neat
and orderly condition. (Planning)
52. All qualifying landscape projects in the City shall comply with the City s water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City s Drought Response Management Plan All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless othenvise specified, all required trees shall be a minimum 15 -gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4 A redwood landscape retainer. a minimum of two inches by six inches in size, shall be
installed along all property lines where necessary to retain the landscape planters until
adjoining properties are developed. (Planning)
5.5 Landscape irrigation pipes and sprinkler heads shall be maintained in good working order to
cover all landscaped areas. (Planning)
Community Development Department Planning Division
039
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
6. Operational
Page 4
6.1 The use of mechanical devices associated with the cleaning and maintenance of real property
shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2 The business hours of operation shall be limited from 9:00 am to 9:00 pm daily (Planning)
6.3. All product and material storage shall occur within the building Exterior storage is
specifically prohibited. (Planning)
6.4. A designated area inside the building shall be established for the receipt, sorting and
processing of goods. Donated goods shall be accepted only during regular business
hours, no donated goods shall be left outside. Loading and unloading must take place
in the donation area which shall be cleared, cleaned and maintained before closing of
business each day. (Planning)
6.5 Signage prohibiting dumping of donated items during non -business hours shall be
installed in at least three locations to the satisfaction of the Director of Community
Development. Signage shall include penalties and fines for illegal dumping and include
daytime collection hours for donated goods. The collection of goods shall be limited to
between the hours of 9:00 am and 7:00 pm. (Planning)
6.6. If dumping of donated items begins to occur after hours, the business owner shall hire
nighttime security or take the necessary steps to resolve the issue. Failure to address
the issue may result in revocation of this conditional use permit. (Planning)
6.7 Security gates shall be provided at both driveways and locked during non -business
hours. The gates 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 by the City prior to issuance of building permits. (Planning)
6 8. Any after-hours donations left outside the building shall be removed immediately upon
the store opening the next business day. (Planning)
6.9 A video surveillance system shall be installed and maintained to monitor the parking
lot area. The camera system shall keep a minimum 30 -day library of events, which
shall be available for downloading and inspection by the Cypress Police Department.
(Planning and Police)
6.10. The City Council shall maintain the right to review the business hours of operation and may
subject to a public hearing, limit the hours should substantiated complaints be received that
the business hours are creating an adverse impact upon neighboring properties. (Planning)
6.11 The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
Community Development Department Planning Division
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
7 Property Maintenance
Page 5
7.1. 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 graffiti which threatens the appearance. (Planning)
72. 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 (Planning)
7 3. 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. (Planning)
7 4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials (Planning)
7 5. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms
and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once
notified in writing by the City (Planning)
7.6 In approving tentative or parcel maps. conditional use permits, variances, or other similar
land use entitlements, the city may consider imposing any or all of the following conditions
(1) Use of anti -graffiti material. Developer shall apply an anti -graffiti material of a
type and nature that is acceptable to the city engineer to each of the publicly -viewable
surfaces on the improvements to be constructed on the site deemed by the city engineer to be
likely to attract graffiti ("graffiti attracting surfaces"); and
(2) Right of access to remove graffiti. Developer shall grant right of entry and access
to the property upon forty-eight (48) hours posting of notice, by authorized city employees
or agents to remove or 'paint over graffiti, and
(3) Property owner shall provide the city with sufficient matching paint and/or anti -
graffiti material to use in the painting over or removal of designated graffiti.
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below
(Engineering)
Budding Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
8.2. Within 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 -Recorder in
the amount of $50.00 County administrative fee, to enable the City to file the Notice of
Community Development Department Planning Division
040
041
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
Page 6
Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753 5. If, within such 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 (Planning)
9. Engineering — N/A
10. Landscaping within the Public Right -of -Way
10 1. Prior to issuance of building permits, the applicant shall submit a landscaping and irrigation
plan including any landscaping within the public right-of-way to the Planning Division for
approval with a copy to the Maintenance Division Manager. The subject landscaping and
irrigation plans shall be designed to be in conformance with the City s water efficient
landscape ordinance. (Engineering, Maintenance)
10.2. The applicant shall post a bond 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 Public Works for approval at least 30 days prior to planting
date. Test results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity,
sodium status, and boron saturation extract Drought tolerant landscape is encouraged and
the landscaping will be irrigated from the private property meter. (Engineering,
Maintenance)
10.3. Prior to issuance of certificate of occupancy, the applicant shall install all street landscaping
and irrigation per the approved landscaping and irrigation plan. (Engineering, Maintenance)
10 4. The applicant or his successor in interest shall maintain the landscaping planted in the public
right-of-way located along the frontage of their property in a healthy condition. (Engineering.
Maintenance)
11. Sewer and Wastewater N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets—N/A
15. Subdivisions — N/A
16. Traffic — N/A
17 Utilities — N/A
18. Drainage — N/A
Community Development Department Planning Division
042
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
19. Storm Water Quality — National Pollutant Discharge Elimination System — N/A
20. Building and Safety
Page 7
20.1 Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2016 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
the 2016 California Green Building Standards Code, Title 24, and the City of Cypress Codes.
(Building & Safety)
20 2. Grading, demolition, and exterior building construction activities shall be limited to the hours
of between 7:00 a.m and 8:00 p.m. Monday through Friday between 9 00 a.m and 8:00
p.m on Saturday, if the City s noise standards are exceeded. Interior building construction
and tenant improvements shall be limited to the hours between 7 00 a.m. and 8:00 p.m.
Monday through Saturday only if the City s noise standards are exceeded. If complaints
are received regarding noise from grading or demolition, further restrictions may be
imposed on the start time of construction by the Director of Community Development,
up to a 9:00 a.m. start time. No construction activity shall be allowed on Sundays or federal
holidays In addition, construction equipment shall be equipped with effective muffling
devices. Compliance with this measure is subject to field inspection by City staff (Building
& Salen)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority may be
required. (Building & Safety)
20 4. Type 5 cement shall be used for all foundations and slabs on grade. /Building & Safetel
20.5. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil thick
moisture barrier. (Building & Safen)
20.6. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed 'on site out of the public
right-of-way unless a permit is obtained. (Building & Safety)
20.7 Prior to final certificate of occupancy, as required by California State Health and Safety Code
Section 19850, the applicant shall provide copies of the stamped approved plans and any
revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Sajetp)
20.8. Building plans shall be stamped by a licensed engineer (Building & Sufety)
20.9 Prior to the issuance of a building permit, a security deposit of $1 00 per square foot of
building area with a minimum of $1,000 and maximum of $50,000, shall be provided to
the City to guarantee completion of the required construction and demolition waste
management plan and reporting. The security deposit shall he held by the City until a final
waste diversion report has been completed and approved. Failure to comply with the
Community Development Department Planning Division
043
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
Page 8
diversion requirements set forth in the California Building and Cypress Municipal Codes
will result in forfeiture of the security deposit. Additional penalties and/or legal action
may be taken in the event of improper disposal of construction and demolition waste or
violation of the City s construction and demolition Ordinance. (Building & Safety)
21. Security
21.1 The property address shall be clearly identified on both sides of the freestanding sign base.
A minimum of six-inch lettering shall be used for the property address. The property
address shall also be posted in a visible location on the building. (Police Department.)
21.2 The address numbers shall be illuminated during the hours of darkness so that it shall be
easily visible from the street (Police Department)
21.3. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one footcandle of light. All exterior bulbs shall be protected by weather and
vandalism resistant cover(s). (Police Department)
21 4. Open parking lots, and access thereto, providing more than ten parking spaces and for use
by the general public, shall be provided with a maintained minimum of one footcandle of
light on the parking surface from dusk until the termination of business every operating
day (Police Department)
21.5. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department (Police Department)
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
25.1. The applicant shall comply with all applicable Orange County Fire Authority requirements.
26. Solid Waste
26.1 The applicant shall subscribe to solid waste services from the City s disposal services
contractor with no less than one time per week service for trash, recycling, and organics
recycling and require employees implement source separated recycling practices.
Sufficient trash, recycling, and organics recycling receptacles shall be placed outside to
collect solid waste generated by its operation/patrons. No less than one receptacle per solid
waste category shall be provided. These shall be properly maintained and not allowed to
overflow (Engineering, Water Qualm')
Community Development Department Planning Division
044
Exhibit A
Conditional Use Permit No. 3130
Conditions of Approval
Page 9
26.2. The applicant shall construct new or modify its existing trash enclosure structure to house
all required solid waste containers and possess a solid covered roof that prohibits
stormwater to enter and then discharge from the enclosure. The applicant shall obtain all
required permits from the Building Department for construction and also obtain final
inspection to ensure it meets the above mentioned criteria prior to the issuance of a final
certificate of occupancy (Engineering, Water Quality)
Effective: 7/09/18 (Revised)
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5 Landscaping
6 Operational
7 Property Maintenance
8 Fees
9 Engineering
10. Landscaping in the Public Right -of -Way
11 Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17 Utilities
18. Drainage
19 Storm Water Quality
20 Building & Safety
21 Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
26. Solid Waste
Community Development Department Planning Drvuton