HomeMy WebLinkAboutResolution No. 6751355
RESOLUTION NO. 6751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3150 - 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
establish Club Pilates, a Pilates studio, located at 10135 Valley View 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, hotels, 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 would not be detrimental to the public
health, safety or welfare, nor would be materially injurious to properties or
improvements in the vicinity:
(1) The proposed Pilates studio is a health club use, which is a
conditionally permitted use in the CG Commercial General zoning district and
this proposed use is compatible with the other neighborhood -serving existing
uses in the shopping center.
(2) Standard conditions of approval have been imposed to ensure
compliance with the Cypress Municipal Code and other applicable
regulations.
(3) As conditioned, the use will not create any noise impacts on
surrounding uses since the music provided at during the sessions will be
actively managed and monitored by employees during the sessions and
therefore will not impact adjacent or nearby businesses. Moreover, the Project
needs to comply with the City of Cypress Municipal Code related to noise.
(4) The proposed use will not significantly increase traffic on the
surrounding streets in the vicinity of the proposed use. Traffic level of service
at the intersection of Valley View Street and Ball Road is LOS "C" and is
considered an acceptable level of service. Since the use is neighborhood -
serving and will serve a similar number of people as the previous retail use
that occupied this location, no additional traffic will be generated by the use
and no impact to the surrounding streets or vicinity will occur. Based on the
proposed operation of the studio, there is sufficient infrastructure and public
service to accommodate the proposed Pilates studio.
(5) The subject site contains a total of 778 parking stalls and with
the proposed Pilates studio, a total of 771 parking stalls are required.
Therefore, there is sufficient parking for the proposed use and the existing
combination of uses at the shopping center.
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C. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance in that conditions of approval have been included
to insure compliance.
(1) The proposed studio has been determined to be consistent with
surrounding uses within the existing shopping center and Conditional Use Permit No.
3150, is subject to the conditions attached hereto as Exhibit "A", is by this resolution
approved and adopted.
d. In accordance with the California Environmental Quality Act (CEQA),
the project is Categorically Exempt from CEQA pursuant to Section 15301 (Class 1:
Existing Facilities) in that the project is limited to tenant improvements in an existing
building.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 3150, 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 14"' day of October 2019.
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M YOR O : HE CITY OF CYPRESS
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ATTEST:
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CITY C11 -:RK OF CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, ALISHA FARNELL, 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 14th day of October, 2019, by the following roll call vote:
AYES:
5
COUNCIL MEMBERS
NOES:
0
COUNCIL MEMBERS
ABSENT:
0
COUNCIL MEMBERS
Morales, Peat, Yarc, Johnson and Berry
None
None
�Y�A
CITY CLERK OF THE CITY OF CYPRESS
IPA
357
EXHIBIT "A"
Conditional Use Permit No. 3150
10135 Valley View 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, 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 (§
21000 et M. - 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) and the Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
(Planning)
1.6. The applicant shall obtain a Cypress business license prior to commencement of the business
operation. (Finance)
1.7. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.8. 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. 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. All business activity shall occur within the building unless a temporary use permit is granted
for outdoor activity in accordance with Section 19, of the Cypress Zoning Ordinance.
(Planning)
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2.3. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (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 N/A
4. Signage
4.1. 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. (Planning)
5. Landscaping NA
6. Operational
6.1. The business hours shall be limited from 5:00 am to 10:00 pm, seven days a week (Planning)
6.2. Rear access door(s) shall only be available for use and accessible to employees and
maintenance personnel, with customer access specifically prohibited. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. The City Council shall maintain the right to review the business hours of operation and may,
subject to a public hearing, limit the hours if substantiated complaints are received that the
business hours are creating an adverse impact upon neighboring properties. (Planning)
6.5. Amplified music must be controlled so that it does not disturb surrounding tenants or the
residential property owners west of the shopping center. The Community Development
Director shall maintain the right to review the operation and may require modifications to the
use and/or sound attenuation improvements should substantiated complaints be received that
loud music creates an adverse impact upon neighboring properties. (Planning)
7. Property Maintenance
7.1. 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)
7.2. 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)
7.3. Interior tenant improvement plans for the subject lease space shall be reviewed and approved
by the City prior to the issuance of any building permits. (Planning)
8. Fees
8.1. 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 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)
In
9. Engineering N/A
10. Landscaping within 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
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety
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. Prior to building permit final, 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 & Safety)
21. Security
21.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one foot-candle of light. All exterior bulbs shall be protected by weather and
vandalism resistant cover(s) and shielded so that no light or glare spills onto adjacent
properties. (Police Department)
21.2. 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 foot-candle of
light on the parking surface from dusk until the termination of business every operating
day. (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: 09-23-19
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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
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