Resolution No. 6713RESOLUTION NO 6713
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO 3136 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 Section 4 19.070 of the Zoning Ordinance of the City of Cypress to change
the hours of operation and allow adult supervision over the age of 18 for Chuze Fitness
located at 9851 Walker Street within the CG Commercial General 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 CG Commercial General
Zone in which the site is located, which is -
Intended to serve the daily shopping needs of the community, including
shopping centers which may be anchored by large-scale retail outlets
entertainment uses, hotel and restaurants. The CG zoning district is
consistent with the General Neighborhood Commercial land use
designation of the Cypress General Plan.
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) The location of the existing fitness center is consistent with the
permitted uses of the Cypress General Plan and the Commercial General
Zone in which the site is located.
(2) The fitness center use is a conditionally permitted use within the
CG -10,000 Commercial General Zone
(3) Standard conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations
(4) The commercial center is properly maintained, on a daily basis
during the early morning Conditions of approval are included to ensure that
that property is maintained free of junk and debris.
(5) Onsite security cameras will be provided by Chuze Fitness to
monitor the parking lot area to prohibit loitering in the late night and early
morning hours
c. The proposed 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 Conditional Use Permit No. 3136, 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.
187
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November, 2018.
ATTEST
10e-hta Ozaa"
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
HE 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 13th day of November, 2018, by the following roll call vote.
AYES 4 COUNCIL MEMBERS Johnson Yarc Berry and Peat
NOES 0 COUNCIL MEMBERS. None
ABSENT 1 COUNCIL MEMBERS Morales
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 3136
9851 Walker Street
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, mdemmfy, 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 seg 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
penod. (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 combmed 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)
2 Planning
2 1 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)
2.2 Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public heanng (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)
• Community Development Department • Planning Division •
188
189
Exhibit ` A
Conditional Use Permit No. 3136
Conditions of Approval
Page 2
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 N/A
4. Signage N/A
5 Landscaping N/A
6 Operational
6 1 The business hours of operation shall be limited to 24 hours a day, Monday through
Friday (beginning 4:30 a.m. on Monday through 10 p.m. Friday), and 6 a.m.to 8 p.m
on Saturday and Sunday (Planning)
6.2 Use of the rear access door by employees and patrons shall 'be limited to the hours of 7 a.m.
to 9 p.m. and shall remain closed at all other times. (Planning)
6.3 Adult supervision (over 18 years of age) shall be maintained on the business premises
at all times. (Planning)
6.4 Chuze Fitness shall maintain the security cameras which monitor the front of the
facility in good working order at all times. If the existing security cameras in the rear
of the center are ever removed or become inoperable, Chuze shall install cameras to
monitor the rear area of the facility
6.5. The volume for music used in conjunction with exercise activities shall be controlled so
that it does not disturb adjacent residential property owners or other tenants within
the shopping center
6.6 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 operations are creating an adverse impact upon neighboring properties.
(Planning)
6 7 The applicant shall maintain an extensive employee recruitment and selection process
for each new employee consisting of behavior assessments, multiple interviews,
reference verifications, and ongoing training.
7 Property Maintenance
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)
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 3136
Conditions of Approval
Page 3
7.2 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 debns. 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)
8. Fees
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
Exemption pursuant to Fish and Game Code §711.4 and Cahforma 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 withm the Public Right -of Way N/A
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 •
190
191
Exhibit "A"
Conditional Use Permit No 3136
Conditions of Approval
19 Storm Water Quality National Pollutant Discharge Elimination System N/A
20. Building and Safety - N/A
Page 4
21 Security
21 1 All exterior 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)
22 Antennas - N/A
23 Alcohol On Sale N/A
24. Alcohol Off Sale N/A
25. Fire N/A
26. Solid Waste N/A
Effective 11-13 18
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 Division •