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Resolution No. 6379110 RESOLUTION NO. 6379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2013 -04 - 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 operate a fitness center within an existing retail lease space located at 4107 Ball Road within the CG- 10,000 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- 10,000 Commercial General Zone in which the site is located, which is: Intended to serve the daily shopping needs of the community, including shopping centers which may be anchored by large -scale retail outlets, entertainment uses, hotels, and restaurants. The CG zoning district is consistent with the General Neighborhood Commercial land use designation of the Cypress General Plan. 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 fitness center would be categorized as a health club use, which may be conditionally permitted in the CG- 10,000 Commercial General Zone and would be compatible with the existing uses within the shopping center. (2) Standard conditions of approval have been imposed to ensure compliance with the Cypress City Code and other applicable regulations. (3) As conditioned, the proposed use would not result in any noise impacts on surrounding uses. (4) The proposed use would not significantly increase traffic on the surrounding streets. (5) The subject site contains a sufficient number of parking spaces to accommodate both the proposed and existing uses located within the existing 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. 2013 -04, 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. 111 PASSED AND ADOPTED by the City Council o ity of Cypress, at a regular meeting held on the 9th 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 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 9th day of September, 2013, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, Mills and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 112 EXHIBIT "A" Conditional Use Permit No. 2013 -04 4107 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 developer 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 developer of any claim, action, or proceeding brought within this time period. (City Attorney) 1.3. The developer'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/developer 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 • 113 Exhibit "A" Conditional Use Permit No. 2013 -04 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. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. (Planning) 3.2. 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) 3.3. All interior improvements to the subject lease space shall be constructed as illustrated on the plans submitted to the City. (Planning) • Community Development Department • Planning Division • 114 Exhibit "A" Conditional Use Permit No. 2013 -04 Conditions of Approval 4. Signage Page 3 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. The access door to the business premises facing the alleyway and adjoining single - family residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. (Planning) 6.2. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 6.3. 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) 6.4. The parking lot shall be used solely for vehicular parking, unless otherwise approved in writing by the Community Development Director. (Planning) 6.5. The rear access doors shall remain closed at all times and only accessible in case of an emergency. (Planning) 6.6. If amplified music is used in conjunction with exercise activities, the volume must be controlled by employees so that it does not disturb adjacent residential property owners and the tenants in the shopping center. (Planning) 6.7. Any amplified noise generated by the facility shall cease during the hours of 10:00 p.m. and 6:00 a.m. seven days a week. (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) • Community Development Department • Planning Division • 115 Exhibit "A" Conditional Use Permit No. 2013 -04 Conditions of Approval Page 4 7.2. 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) 7.3. 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) 7.4. The applicant shall be responsible for maintaining the publically accessible interior of the lease space clear of all graffiti. The property owner shall be responsible for maintaining the exterior of the building clear of all graffiti. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning) 7.5. 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) 7.6. 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) 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 • Community Development Department • Planning Division • 116 Exhibit "A" Conditional Use Permit No. 2013 -04 Conditions of Approval Page 5 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) 20. Building and Safety 20.1. Applicant/developer 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) 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. 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 footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police Department) • Community Development Department • Planning Division • 117 Exhibit "A" Conditional Use Permit No. 2013 -04 Conditions of Approval 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 -9 -2013 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 24. Alcohol - On Sale General 25. Alcohol - Off Sale Beer & Wine 26. Fire - Residential 27. Fire - Commercial Page 6 • Community Development Department • Planning Division •