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Resolution No. 6416372 RESOLUTION NO. 6416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013 -08 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: WHEREAS, an application was filed for an amendment to an existing Conditional Use Permit in accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of Cypress to expand the barn area of the Los Alamitos Race Course located at 4961 Katella Avenue, within the PS -1A Public and Semi - Public Zone. WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA, does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: a. The proposed location of the conditional use 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 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 location of the conditional use is consistent with the requirements of the general plan and the zoning district in which the site is located. (2) 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. (3) The proposed conditional use would comply with all applicable provisions of this Zoning Ordinance and the Amended and Restated Cypress Business & Professional Center Specific Plan. (4) The expansion of the barn area for the Los Alamitos Race Course 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. (5) There is sufficient infrastructure and public services to accommodate the proposed barn area expansion. (6) In accordance with the California Environmental Quality Act (CEQA) Guidelines, a Negative Declaration has been prepared for the project. It has been determined that no significant impacts to the environment would occur from the proposed project. c. The proposed conditional use will comply with all applicable provisions of the Cypress Zoning Ordinance and the Amended and Restated Cypress Business & Professional Center Specific Plan. 373 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Conditional Use Permit No. 2013 -08, 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 12th day of May, 2014. ATTEST: a:(.)ata, (1r■ CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAY OF THE 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 12th day of May, 2014, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None tert.ty,17) CITY CLERK OF THE CITY OF CYPRESS EXHIBIT "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 4961 Katella Avenue CONDITIONS OF APPROVAL 1. General Conditions 374 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 attomey's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and the 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. (City Attorney) 1.4. The applicant shall comply with all applicable provisions of the Code of the City of Cypress. (Planning) 1.5. All requirements of the Orange County Fire Authority (OCFA), and Cypress Building and Safety Division shall be satisfied prior to use of the new or relocated barn structures. (Planning) 1.6. All applicable conditions of the project shall be complied with prior to use of the new or relocated barn structures. (Planning) 1.7. 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) • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval 2. Planning Page 2 375 2.1. Any expansion or modification of the approved use beyond what is approved as part of this amended 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 new or relocated barns, this conditional use permit may be modified and/or revoked, subject to a public 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 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 is warranted on the site. (Planning) 2.5. During clearing, grading, earth moving or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering, or other dust preventative measures, using the following procedures, as specified by the South Coast Air Quality Management District's Rules and Regulations: • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • All material transported on -site or off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. • These control techniques shall be indicated in project specifications. Compliance with this measure shall be subject to periodic site inspections by the City. • Visible dust beyond the property line emanating from the project shall be prevented to the maximum extent feasible. 2.6. The construction contractor shall demonstrate, to the satisfaction of the City of Cypress Community Development Department, the following: • Construction contracts shall specify that construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State - required noise attenuation devices. • Construction noise reduction methods such as shutting off idling equipment, installing temporary noise acoustic barriers around stationary construction noise sources, maximizing the distance between equipment staging areas and occupied • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval Page 3 376 residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. • All construction entrances shall clearly post construction hours, allowable workdays, and the phone number of the job superintendent. This will allow surrounding owners and residents to contact the job superintendent with concerns. If the developer receives a noise complaint, appropriate corrective actions shall be implemented and a report taken indicating the action with a copy of the report provided to the reporting party upon request. 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) 8. Fees 8.1. Prior to issuance of a building permit, or as noted below, the applicant shall pay the following fees per Resolution No. 6118, except as otherwise noted below. (Engineering & Building and Safety) - Building Plan Check (Prior to Submittal of Plans) (B &S) - Building Permit and Inspection (Prior to Permit Issuance) (B &S) • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval Page 4 377 8.2. Within forty-eight (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 Fifty Dollars ($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 forty-eight (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 in 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 19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of the approved Final Water Quality Management Plan along with the final approved Grading Plan and all other supporting documentation on a Compact Disc in digital file format acceptable to the Engineering Division Manager. (Engineering, Water Quality) 19.2. The applicant is directed to Chapter 12 Health and Sanitation, Article IV Cypress Water Quality, Section 13 -23 (a) (9) regarding required submittal for a NPPWQP to control urban runoff This project has been classified as a non - priority project under section XII New Development (Including Significant Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the California Regional Water Quality Control Board, Santa • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval Page 5 378 Ana Region for the cities within County of Orange (NPDES Permit) available at http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said NPPWQP shall include best management practices for source control, pollution prevention, site design, and low impact development as well as structural treatment controls among many factors. Site design for controlling urban runoff must first evaluate infiltration, then harvest and water re -use, then evapotranspiration and only bio- treatment if the other three are not feasible. Submittal and subsequent approval of the Preliminary Non - Priority Project Water Quality Plan does not guarantee approval of the Final Non - Priority Project Water Quality Plan. Should the final calculations and submittals not meet the required thresholds necessary to meet the obligations of the City under the NPDES Permit for development and its incorporated documents such as the Drainage Area Management Plan and Technical Guidance Document, alterations to the site and the site plan may be required as prescribed by the Director of Public Works or Director of Community Development to the NPPWQP. The aforementioned documents are available for download at http: / /www.ocwatersheds.com /WQMP.aspx. Any significant alteration to the site plan due to the Final NPPWQP may then require approval of the Council of the revised site plan. Additionally, as required under the NPDES Permit, attention is directed that the NPPWQP must identify a responsible party and implement funding sources for maintaining any treatment controls as required as part of the development and must ensure that appropriate easements and ownerships are properly recorded in public records and access is made available for inspection of said devices. (Engineering, Water Quality) 19.3. Prior to the issuance of a certificate of occupancy, the applicant shall clean all on site storm drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon direction of the Engineering Division Manager, the applicant shall clean any public storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division Manager has determined have been impacted by the applicant's construction. If clean -up is not performed, the City may make arrangements to clean the system at developer's expense. (Engineering, Water Quality) 19.4. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the Engineering Division Manager, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. The applicant's WQMP shall be in conformance with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and Technical Guidance Manual for reference, and the City's WQMP template for submittal. This WQMP shall include the following: Detailed site and project description Potential stormwater pollutants - Post - development drainage characteristics - Low Impact Development (LID) BMP selection and analysis - Structural and Non - Structural source control BMPs - Site design and drainage plan (BMP Exhibit) • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval Page 6 379 - GIS coordinates for all LID and Treatment Control BMPs - Operation and Maintenance (O &M) Plan that (1) describes the long -term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long -term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long -term operation and maintenance of the referenced BMPs. The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets submitted for plan check and all BMPs shall be depicted on these plans. Grading and building plans must be consistent with the approved BMP exhibit. (Engineering, Water Quality) 19.5. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the Engineering Division Manager and Water Quality Manager, including: Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved NPPWQP have been implemented, constructed and installed in conformance with approved plans and specifications. - Demonstrate that the applicant has complied with all non - structural BMPs described in the project's NPPWQP. - Submit for review and approval an Operations and Maintenance (O &M) Plan for all structural BMPs (the O &M Plan shall become an attachment to the NPPWQP). Demonstrate that copies of the project's approved NPPWQP (with attached O &M Plan) are available for each of the initial occupants. - Agree to pay for an inspection (special investigation) from the City for a date 12 months after approval of final inspection for the project to verify compliance with the approved NPPWQP and O &M Plan. Demonstrate that the applicant has RECORDED one of the following: • A water quality implementation agreement that has the approved NPPWQP plan and O &M plan attached; or • The final approved NPPWQP Plan and O &M Plan. (Engineering, Water Quality) 19.6. Prior to the issuance of any grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the Engineering Division Manager and the Building Official, to demonstrate compliance with the City's NPDES Implementation Program and State water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainage ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP shall also describe how the applicant will ensure that all BMPs will be maintained during construction • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval Page 7 380 of any future public right -of -ways. The ESCP shall be updated as needed to address the changing circumstances of the project site. A copy of the current ESCP shall be kept at the project site and be available for City review on request by either the Building or Engineering Division. The ESCP will be inspected by the Building Division. (Engineering, Water Quality) 19.7. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress Municipal Code regarding stormwater pollution prevention including, but not limited to, obtaining a commercial /industrial stormwater discharge permit from the Public Works Department, prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) 19.8. The applicant shall place sufficient trash receptacles outside to collect trash generated by its patrons. No less than one receptacle shall be provided. These shall be properly maintained and not allowed to overflow. (Engineering, Water Quality) 20. Building and Safety 20.1. Applicant shall obtain the required permits and comply with applicable provisions of the 2013 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building & Safety) 20.2. Grading and exterior building construction activities shall be limited to the hours 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. 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 & Safety) 20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, may be required. The City's local ordinance requires sprinklers in all occupancies for new buildings exceeding 5,000 square feet. (Building & Safety) 20.4. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety) 20.5. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick moisture barrier. (Building & Safety) 20.6. A stamped soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other pertinent information under good engineering practice. (Building & Safety) • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval Page 8 381 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 & Safety) 20.8. Building plans shall be stamped by a licensed engineer. (Building & Safety) 20.9. A pre - grading SWPPP inspection is required prior to grading permit issuance. All required grading storm water BMPs shall be installed and inspected by the building division prior to release of the grading permit. (Building & Safety) 21. Security — N/A 22. Antennas — N/A 23. Alcohol — N/A 24. Alcohol — On Sale General — N/A 25. Alcohol — Off Sale Beer & Wine — N/A 26. Fire — Residential — N/A 27. Fire — Commercial 27.1.Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority (OCFA) for review and approval. Approval shall be obtained on each plan prior to the event specified. Prior to issuance of a building permit: • fire master plan (service code PR145) • fire sprinkler system (service codes PR400) Effective: 5 -12 -2014 • Community Development Department • Planning Division • Exhibit "A" Amendment to Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2014 -02 Conditions of Approval 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 24. Alcohol — On Sale General 25. Alcohol — Off Sale Beer & Wine 26. Fire - Residential 27. Fire - Commercial Page 9 382 • Community Development Department • Planning Division •