Resolution No. 6468RESOLUTION NO. 6468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2998
- 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 Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow
a metal working and machine shop use within an existing office /warehouse building
located at 6122 Katella Avenue within the PC -2 Planned Community Business Park 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 PC -2 Planned
Community Business Park Zone in which the site is located, which is:
Intended to result in a development of a general business park
character, including light industrial, office, and retail uses, which
compliment surrounding, existing, and planned land 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 machine shop use is conditionally permitted in
the applicable PC -2 Planned Community Business Park Zone and is
consistent with the Cypress General Plan's land use designation as Specific
Plan Area.
(2) Sufficient on -site parking is provided to accommodate the
proposed machine shop use and the associated office use.
(3) As conditioned, the proposed machine shop use would be
compatible with surrounding commercial and light industrial uses located in
the same business park.
(4) Standard conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, as well as the applicable Cypr. ?es Corporate
Center Amended Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Counr.il .;f the
City of Cypress does hereby approve Conditional Use Permit No. 2998, su-Jject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, musi 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 Cypress, at a regular
meeting held on the 22nd day of September, 2014.
/'I/
YO ;r-,
HE CITY OF CYPRESS
186
ATTEST:
187
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 22nd day of September, 2014, by the following roil 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
188
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2998
6122 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 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) and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
(Planning)
1.5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.6. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (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)
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)
• Community Development Department • Planning Division •
189
Exhibit "A"
Conditional Use Permit No. 2998
Conditions of Approval
Page 2
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)
4. Signage
4.1. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to the installation of
any signs. 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. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (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 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)
• Community Development Department • Planning Division •
190
Exhibit "A"
Conditional Use Permit No. 2998
Conditions of Approval
Page 3
7.2. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
8. Fees
8.1. As noted below, the applicant shall pay the following fees per Resolution No. 6118, except
as otherwise noted below. (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
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. 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)
• Community Development Department • Planning Division •
191
Exhibit "A"
Conditional Use Permit No. 2998
Conditions of Approval
Page 4
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 N/A
22. Antennas N/A
23. Alcohol - On Sale N/A
24. Alcohol - Off Sale N/A
25. Fire N/A
Effective: 9 -22 -2014
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
• Community Development Department • Planning Division •