Resolution No. 6462143
RESOLUTION NO. 6462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2997
- 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 a private gym /workout facility located at 8851 Watson Street within the PC Planned
Community Zone and the IL Industrial Light District of the Lincoln Avenue Specific Plan
area.
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 IL Industrial Light District of
the Lincoln Avenue Specific Plan area in which the site is located, which is:
Intended to provide the opportunity for 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.
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 IL Industrial Light
District of the Lincoln Avenue Specific Plan area.
(2) Sufficient onsite parking is provided to accommodate the
proposed use in addition to the existing warehouse /office uses within the
building.
(3) The proposed private gym /workout facility is compatible with
surrounding uses.
(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
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2997, subject to the
conditions attached hereto as Exhibit "A ".
144
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 gf the City of Cypress, at a regular
meeting held on the 25th day of August, 2014.
ATTEST:
10(4L i1
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAY F 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 25th day of August, 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
145
EXHIBIT "A"
Conditional Use Permit No. 2997
8851 Watson 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 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) and Cypress Building and
Safety Division shall be satisfied prior to the issuance of a business license. (Planning)
1.6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
• Community Development Department • Planning Division •
146
Exhibit "A"
Conditional Use Permit No. 2997
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)
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 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 conduit, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping N/A
6. Operational
6.1. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.2. All access doors of the business shall remain closed at all times but shall remain accessible
in case of an emergency. (Planning)
6.3. If amplified music is used in conjunction with exercise activities, the volume must be
controlled by employees so that it does not disturb surrounding uses. (Planning)
6.4. Adult supervision shall be maintained on the business premises at all times. (Planning)
• Community Development Department • Planning Division •
147
Exhibit "A"
Conditional Use Permit No. 2997
Conditions of Approval
Page 3
6.5. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
6.6. 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)
6.7. The business hours of operation shall be limited to 5:00 a.m. to 9:00 p.m. Monday through
Friday and 7:00 a.m. to 10:00 a.m. on Saturdays. The facility will be closed on Sundays.
(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 use shall be stored solely in designated trash
enclosures. (Planning)
8. Fees
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 N/A
15. Subdivisions N/A
16. Traffic N/A
• Community Development Department • Planning Division •
148
Exhibit "A"
Conditional Use Permit No. 2997
Conditions of Approval
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
Page 4
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)
20. Building and Safety
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)
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)
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 8 -25 -2014
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
• Community Development Department • Planning Division •
149
Exhibit "A"
Conditional Use Permit No. 2997
Conditions of Approval
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
Page 5
• Community Development Department • Planning Division •