Resolution No. 6755369
RESOLUTION NO. 6755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 3151 - 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 operate a
massage establishment located at 4117 Ball Road 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 massage establishment use
within an existing commercial center 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 as 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.
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 proposed massage establishment use is conditionally
permitted in the applicable CG- (Commercial General) Zone and is consistent
with the Cypress General Plan's General Neighborhood Commercial land use
designation.
(2) The 440 parking spaces required for the entire shopping center
are provided onsite. The new massage establishment requires four parking
spaces, which is the same as the prior retail use at this location. Therefore,
sufficient parking spaces for both the proposed and existing uses are provided.
(3) The proposed massage establishment is similar to other service
uses located in the same commercial center, such as beauty salons.
Additionally, standard Conditions 6.1 through 6.6 will limit hours of operation,
interior music sound level, and access to the rear door adjacent to residential
development. This will prevent noise impacts on adjacent businesses and
residential properties. Therefore, the new massage establishment will be
compatible with surrounding commercial and residential land uses.
(4) Conditions 2.3 through 2.11 are incorporated from the Massage
Establishment provisions of the Cypress City Code, include limited hours of
operation, police monitoring, and potential eviction provisions. Therefore, the
conditions of approval will ensure compliance with the Cypress City Code and
other applicable regulations.
C. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 3151, subject to the conditions
attached hereto as Exhibit "A".
Any challenge to this Resolution, and the findings set forth therein, must be filed within
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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 12"' day of November, 2019.
MAYOR O THE CIW OF CYPRESS
ATTEST:
CITY OL�RK OF THE CITY OF CYPRESS
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 121h day of November, 2019, by the following roll call vote:
AYES:
4
COUNCIL MEMBERS:
Peat, Yarc, Johnson and Berry
NOES:
0
COUNCIL MEMBERS:
None
ABSENT:
1
COUNCIL MEMBERS:
Morales
� 4AL11wr6h
CITY CLERK OF THE ITY OF CYPRESS
371
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3151
(Massage Establishment)
4117 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
I.I. 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), Orange County Health
Department, and 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. Temporary use permits may be granted for
outdoor activity in accordance with Section 19, of the Cypress Zoning Ordinance. (Planning)
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2.3. The business owner/operator of the massage establishment shall be responsible for
maintaining compliance of the massage establishment with all applicable provisions of the
massage ordinance of the Cypress City Code (Chapter 15A).
2.4. The business owner/operator of the massage establishment shall be responsible for the
conduct of all employees or independent contractors working on the premises of the
business (California Business and Professional Code, Division 2, Chapter 10.5, Massage
Therapists, § 4612 (c)).
2.5. The massage establishment shall not be open for business before 9:00 a.m. or after 9:00
p.m. (Cypress City Code § 15A -7(n)).
2.6. Any and all investigating officials of the City shall have the right to enter the massage
establishment from time to time during regular business hours to make reasonable
inspections to observe and enforce compliance with building, fire, electrical, plumbing or
health regulations, and to ascertain whether there is compliance with the applicable
provisions of the City's massage ordinance (Cypress City Code § 15A-9).
2.7. The owner/operator of the massage establishment shall notify the City of any intention to
rename, change management, or convey the business to another person. A sale or transfer
of any interest in the massage establishment shall be reported to the Police Chief within
ten (10) days of such sale or transfer. The new owner(s) of interest shall comply with the
massage ordinance provisions for said sale or transfer and submit an application for a new
massage establishment license (Cypress City Code § 15A-13).
2.8. 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)
2.9. The massage establishment and property owner shall have a duty to ensure and monitor
that illegal activity is not occurring during the business operation (Cypress City Code §
15A-19).
2.10. The property owner shall evict, upon written notice from the Police Chief, any massage
establishment tenant where there have been two or more arrests in a five-year period for
prostitution or other related sexual offense. The property owner and tenant shall revise
the lease to allow for such eviction prior to commencing operation (Cypress City Code §
15A-19).
2.11. If the massage establishment and/or property owner fails to take all necessary steps for
compliance with the massage establishment permit and all applicable law within 30 days
after receiving written notice from the City, then the City may pursue all available
enforcement actions against the business and/or property owner, including but not limited
to City Code Section 15A-30 and any applicable Imes or costs associated with the
enforcement of the conditional use permit and violation of any of its conditions (Cypress
City Code § 15A-19).
2.12. The massage establishment shall take reasonable steps to ensure and monitor that
illegal activity is not occurring during their operation.
2.13. The massage establishment and/or property owner shall be liable for all costs associated
with the enforcement of the conditional use permit and violation of any of its conditions.
2.14. The rear access door(s) shall only be available for use and accessible to employees and
maintenance personnel, with customer access specifically prohibited. (Planning)
3. Architectural
3.1. Interior tenant improvement plans for the subject lease area shall be reviewed and approved by
the Community Development Department prior to the issuance of building permits. (Planning)
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3.2. All interior improvements to the subject lease area shall be constructed as illustrated on plans
submitted to the City. (Planning)
4. Signage
4.1. The business owner shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
4.2. Upon expiration or termination of the tenant's lease term, the tenant or property owner shall
remove all wall signs, patch the canopy and fascia, and paint the patched area to match the
surrounding wall fascia. This painted area shall constitute the entire wall of the tenant space or
entire building if there are no screed lines or architectural projections to provide a clear line of
demarcation.
5. Landscaping — N/A
6. Operational
6.1. The access door to the business premises facing the alleyway and adjoining residences shall
remain closed during all hours of business operation. Said door shall be designated and used for
emergency exit purposes only. (Planning)
6.2. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is specifically
prohibited. (Planning)
6.4. The business hours of operation shall be limited to between 9:00 a.m to 9:00 p.m. daily. 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)
6.5. 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 — N/A
7.1. The business 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 waiting areas if applicable. All graffiti shall be removed within 24 to 48 hours once notified
in writing by the City. (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)
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
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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 footcandle of light. All exterior bulbs shall be protected by weather and
vandalism resistant cover(s). (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 footcandle of light
on the parking surface from dusk until the termination of business every operating day.
(Police Department)
22. Antennas — N/A
23. Alcohol Sales — N/A
24. Fire — N/A
25. Solid Waste — N/A
Revised: 11-12-2019
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 Rigbt-of-Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
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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