Resolution No. 6404246
RESOLUTION NO. 6404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE 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 conditional use permit in accordance with
the provisions of Article 4, Section 19, of the Zoning Ordinance of the City of Cypress to
allow the operation of a private gym /workout facility located at 4670 Lincoln Avenue within
the PC Planned Community Zone and the RM Residential Mixed Use District of the
Lincoln Avenue Specific Plan.
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 PC Planned Community Zone and the RM Residential Mixed Use
District of the Lincoln Avenue Specific Plan in which the site is located, which is:
Intended as an area to provide an opportunity for the design and
development of integrated, master planned projects in areas of the
City which may benefit from special design standards and land uses
not otherwise possible under conventional zoning district regulations.
Furthermore, intended as a district providing for the residential
development (medium density, high density or mixed use), while also
allowing for limited commercial development including general retail.
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 proposed private gym /workout facility is
consistent with the PC Planned Community Zone and the RM Residential
Mixed Use District of the Lincoln Avenue Specific Plan.
(2) Sufficient onsite parking is provided to accommodate the
proposed use in addition to other uses within the commercial center.
(3) The proposed private gym /workout facility is compatible with
the other existing uses within the commercial center.
(4) Conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations.
(5) The proposed location of the conditional use is consistent with
the requirement of the General Plan and the Zoning District in which the site
is located.
(6) 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; and
(7) The proposed conditional use would comply with all applicable
provisions of this Zoning Ordinance.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan.
247
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2014 -02, 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 •f the City of Cypress at a regular
meeting held on the 24th day of February, 2014.
ATTEST:
t€ - u vL 4.}O-Azun
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
M A YOR • 4 ■ E 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 24th day of February, 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
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 2014 -02
4670 Lincoln 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 fifteen (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 thirty (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)
• Community Development Department • Planning Division •
248
249
Exhibit "A"
Conditional Use Permit No. 2014 -02
Conditions of Approval
Page 2
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. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing. (Planning)
2.3. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress
Zoning Ordinance. (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
3.1. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff.
(Planning)
3.2. All interior improvements to the subject lease space shall be constructed as illustrated on
the plans submitted to the City. (Planning)
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 conduit, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
• Community Development Department • Planning Division •
250
Exhibit "A"
Conditional Use Permit No. 2014 -02
Conditions of Approval
5. Landscaping N/A
6. Operational
Page 3
6.1. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.2. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints
be received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
6.3. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Community Development Director. (Planning)
6.4. The rear access door shall remain closed at all times and remain accessible in case of an
emergency. (Planning)
6.5. If amplified music is used in conjunction with exercise activities, the volume must be
controlled by employees so that it does not disturb surrounding residential property owners
and tenants in the shopping center. (Planning)
6.6. The business hours of operation shall be limited from 5:30 a.m. to 9:00 p.m. Monday
through Friday and 8:00 a.m. to 12 noon on Saturdays and will be closed on Sundays. The
facility shall be restricted to one trainer only between the hours of 5:30 a.m. to 6:30 a.m.
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. 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. (Planning)
7.3. Interior tenant improvement plans for the subject lease space shall be reviewed and
approved by the Community Development Department and the Building and Safety
Division prior to the issuance of building permits. (Planning)
• Community Development Department • Planning Division •
251
Exhibit "A"
Conditional Use Permit No. 2014 -02
Conditions of Approval
8. Fees
Page 4
8.1 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 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
14.1. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the Engineering Division Manager. (Engineering)
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. 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)
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252
Exhibit "A"
Conditional Use Permit No. 2014 -02
Conditions of Approval
20. Building and Safety
Page 5
20.1. Applicant /developer 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. 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)
21. Security
21.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one (1) 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 (10) parking spaces and
for use by the general public, shall be provided with a maintained minimum of one (1)
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 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 N/A
Effective: 2 -24 -2014
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
• Community Development Department • Planning Division •
253
Exhibit "A"
Conditional Use Permit No. 2014 -02
Conditions of Approval
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 6
• Community Development Department • Planning Division •