Resolution No. 67686
RESOLUTION NO. 6768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2014-02 - 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 Site Plan/Design Review Committee Permit
in accordance with the provisions of Section 4.19.060.D of the Zoning Ordinance of the City
of Cypress and Sections VII and VIII of the Amended and Restated Cypress Business &
Professional Center Specific Plan to reduce the required parking stalls for the Los Alamitos
Race Course from 4,000 stalls to 3,000 stalls, located at 4961 Katella Avenue within the PS -
1A Public and Semi -Public Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance,
the Design Review Committee reviewed and approved this project on February 6, 2020.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to the
City Council on February 24, 2020, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F of the Cypress Zoning Ordinance,
the effective date of the Design Review Committee's decision to approve this project shall
be the date of acceptance by the City Council, and upon receipt by the Community
Development Department of an agreement to any conditions of approval signed by the
applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of
the Zoning Ordinance and the purpose and intent of the PS -1A Public and Semi -Public Zone
in which the site is located, which is:
"Intended to set aside properties to be developed with public uses,
other than street rights-of-way, and to identify and preserve areas of
historic and community significance for the enjoyment of future
generations."
b. The proposed location of the project 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
in that:
(1) The reduction of the parking stalls would be compatible and
consistent with the existing site improvements and would not be inharmonious
or prove detrimental to other uses in the area.
(2) The reduction of the parking stalls will not prove detrimental to
the uses already established in the area and will not be inharmonious with the
surrounding structures.
(3) Adequate parking and infrastructure would be provided for the
proposed barn area and Race Course operations.
c. The proposed reduction in parking, as conditioned, will comply with
each of the applicable provisions of the Cypress Zoning Ordinance and the Amended and
Restated Cypress Business & Professional Center Specific Plan.
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.
7
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Design Review Committee Permit No.
2014-02, subject to the conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of February, 2020.
ATTEST:
CITY CLERK OF T E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
MAYR OF
E CITY OF CYPRESS
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 24th day of February, 2020, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Peat, Morales, Berry, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
CITY CLK OF THE CITY OF CYPRESS
8
EXHIBIT "A"
Amendment to Conditional Use Permit No. 2013-08, Design Review Committee
Permit No. 2013-03, Design Review Committee Permit No. 2014-02 and Site Plan
Review No. 3161
4961 Katella 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 66499.37 and
Public Resources Code, Division 13, CH. 4 (§ 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 applicable conditions of the project shall be complied with prior to occupancy of
the subject building. (Planning)
1.6. 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. Should substantiated complaints be received regarding the operation of the
Race Course, this permit may be modified and/or revoked, subject to a public
9
hearing and applicable law. (Planning)
2.3. 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)
2.4. The applicant shall maintain a minimum of 4-000 3,000 parking spaces
available for patrons of the Race Course. In the event the parking demand
exceeds the parking currently provided onsite, the applicant shall pay for a
parking study to determine if a parking structure, or other on site solution
to address parking, is warranted. (Planning)
3. Architectural N/A
4. Signage N/A
5. Landscaping N/A
6. Operational
6.1. In accordance with the requirements of the Cypress Zoning Code, mechanical
devices associated with the cleaning and maintenance of real property may be used
within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays.
Such devices include but are not limited to stationary or mobile pumps, fans,
compressors, generators, blowers and sweepers. (Planning)
6.2. The parking lot shall be used solely for vehicular parking, unless otherwise approved
in writing by the Director of Community Development. (Planning)
7. Property Maintenance
7.1. The parking lot area 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. 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)
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
9.1. That all engineering requirements of the City of Cypress, shall be complied with as
required by the City Engineer and in accordance with specifications on file in the
Office of the City Engineer, as may be modified by the City Engineer. (Engineering)
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
10
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 N/A
21. Security N/A
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: 02-24-20
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