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Resolution No. 6382152 RESOLUTION NO. 6382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2013 -07 - 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 warehouse and distribution facility located at 10701 Holder Street within the BP 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 BP Business Park Zone in which the site is located, which is: Intended to provide a stable environment conducive to the development and protection of specialized manufacturing, packaging, printing, publishing, testing and research and development with associated administrative office facilities providing a campus -like environment as a corporate headquarters. 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 warehouse and distribution uses are consistent with the list of conditionally permitted uses within the BP Business Park Zone. (2) The proposed warehouse and distribution uses are consistent with surrounding industrial park and office uses. (3) Adequate parking is provided on site for the proposed warehouse and distribution uses. 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. 2013 -07, 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 C. y o ypress, at a regular meeting held on the 23rd day of September, 2013. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 153 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 23rd day of September, 2013, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Johnson, Bailey, Mills and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Yarc CITY CLERK OF THE CITY OF CYPRESS EXHIBIT "A" Conditional Use Permit No. 2013 -07 10701 Holder 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 Marshal's Office, Orange County Health Department, and Cypress Building and Safety Division shall be satisfied prior to commencement of the business operation. (Planning) 1.6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a certificate of occupancy being issued. (Planning) • Community Development Department • Planning Division • 154 155 Exhibit "A" Conditional Use Permit No. 2013 -07 Conditions of Approval Page 2 1.7. The applicant shall obtain a Cypress business license prior to commencement of the business operation. (Finance) 1.8. All applicable conditions of the project shall be complied with prior to occupancy of the subject building. (Planning) 1.9. 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. The applicant shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through Consolidated Disposal Services. (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 applicant shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. (Planning) • Community Development Department • Planning Division • 156 Exhibit "A" Conditional Use Permit No. 2013 -07 Conditions of Approval Page 3 4.2. 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 5.1. Trees and shrubs shall be planted along the north planter area to screen the loading doors from the adjacent street. A landscape plan shall be submitted to the Planning Division for review and approval prior to planting. All landscaping shall be installed prior to occupancy of the building. (Planning) 6. Operational 6.1. 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. The use of such devices for such purposes is prohibited at all other times. (Planning) 6.2. The business hours of operation in relation to truck dock activity shall be limited from 8:00 a.m. to 5:00 p.m. only, on Monday through Friday. Late night or early morning deliveries shall be specifically prohibited. (Planning) 6.3. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 6.4. The proposed business shall be limited to the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. (Planning) 7. Property Maintenance 7.1. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity or graffiti which threatens the appearance. (Planning) 7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. (Planning) 7.3. 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 • 157 Exhibit "A" Conditional Use Permit No. 2013 -07 Conditions of Approval Page 4 7.4. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. (Planning) 8. Fees 8.1. 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 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 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 • 158 Exhibit "A" Conditional Use Permit No. 2013 -07 Conditions of Approval Page 5 19.2. 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) 19.3. The applicant shall construct new or modify its existing trash enclosure structure to possess a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection from the Public Works Department to ensure it meets the above mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) 20. Building and Safety 20.1. Applicant shall obtain the required permits and comply with applicable provisions of the 2010 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2010 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 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: 9 -23 -2013 SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees • Community Development Department • Planning Division • 159 Exhibit "A" Conditional Use Permit No. 2013 -07 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 24. Alcohol — On Sale General 25. Alcohol — Off Sale Beer & Wine 26. Fire - Residential 27. Fire - Commercial Page 6 • Community Development Department • Planning Division •