Resolution No. 6465RESOLUTION NO. 6465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2999 - WITH CONDITIONS.
178
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 establish a Curves
fitness center located within an existing lease space at 4151 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 use 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 an area for retail, commercial, services, and entertainment uses.
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 weight loss and fitness center is a health club use and is
compatible with the existing uses within the shopping center.
(2) The project has been conditioned to prevent potential impacts relating to
noise from the facility.
(3) Based on the limited size and scale of the proposed weight loss and
fitness center, it will not significantly impact traffic patterns or increase traffic on
surrounding streets.
(4) Sufficient parking spaces to accommodate the proposed use are located
with the surrounding shopping center.
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. 2999, 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 of the City of ypress, at a
on the 8th day of September, 2014.
ATTEST:
ce
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
gular meeting held
MAYOR 0' 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 8th
day of September, 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. 2999
4151 BALL ROAD
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 shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.4. 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)
1.5. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (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 lease space. (Planning)
2. Planning
2.1. 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 •
179
180
Exhibit "A"
Conditional Use Permit No. 2999
Conditions of Approval
Page 2
2.2. 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)
2.3. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.4. 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)
2.5. 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
4.
3.1. Architectural plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits. (Planning)
3.2. All interior tenant improvements shall be constructed as illustrated on plans submitted.
(Planning)
Signage
4.1. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping N/A
6. Operational
6.1. The business hours of operation shall be limited from 6:30 a.m. to 9:00 p.m. daily.
(Planning)
6.2. The access door to the business premises facing the alleyway and adjoining family
residences shall remain closed during all hours of business operation. Said door shall be
designated and used for emergency exit purposes only. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. If amplified music is used in conjunction with the exercise activities in this facility, the
music volume shall be controlled such that it does not disturb adjacent tenants in the
shopping center. (Planning)
• Community Development Department • Planning Division •
181
Exhibit "A"
Conditional Use Permit No. 2999
Conditions of Approval
7. Property Maintenance
Page 3
7.1. The area outside of the business frontage and rear access door 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. Commercial - The property owner shall maintain the site, the publically accessible interior,
and publically viewable exterior of the building lease area clear of all graffiti, including but
not limited to bathrooms if applicable. All graffiti shall be removed within 24 to 48 hours
once notified in writing by the City. (Planning)
8. Fees
8.1. As noted below, the applicant shall pay for the following fees per Resolution No. 6118.
(Engineering)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
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 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
17. Utilities N/A
• Community Development Department • Planning Division •
182
Exhibit "A"
Conditional Use Permit No. 2999
Conditions of Approval
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)
20.2. Grading and exterior building construction activities shall be limited to the hours of
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. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 9 -8 -2014
SECTIONS
1 General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
• Community Development Department • Planning Division •
183
Exhibit "A"
Conditional Use Permit No. 2999
Conditions of Approval
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
Page 5
• Community Development Department • Planning Division •