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HomeMy WebLinkAboutResolution No. 6374080 RESOLUTION NO. 6374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2013 -03 - 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 metal working and machining for a permitted light manufacturing use within an existing office /warehouse building located at 5665 Corporate Avenue within the PC -5 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 -5 Zone in which the site is located, which is: Intended to result in a development with regular light industrial /office /retail character which compliments 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 light manufacturing and assembly use, with metal working /machining, is conditionally permitted in the applicable PC -5 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 light manufacturing /assembly and associated office uses. (3) As conditioned, the proposed light manufacturing /assembly use, with metal working /machining, would be compatible with surrounding commercial and light industrial uses located in the same business park. (4) Standard and project- specific 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 Cypress View Limited Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2013 -03, 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. 081 PASSED AND ADOPTED by the City Council ohe City of Cypress at a regular meeting held on the 8th day of July, 2013. MAYO 0 THE CITY OF CY' ' ESS ATTEST: 6-4,Lat 1 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 8th day of July, 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 082 EXHIBIT "A" Conditional Use Permit No. 2013 -03 5665 Corporate Avenue CONDITIONS OF APPROVAL Note: Regular text denotes standard 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 applicant/developer shall comply with all provisions of the Code of the City of Cypress. (Planning) 1.4. All requirements of the Orange County Fire Marshal's Office, 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. 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 • 083 Exhibit "A" Conditional Use Permit No. 2013 -03 Conditions of Approval 2. Planning Page 2 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. The developer 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 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) 4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning) • Community Development Department • Planning Division • 084 Exhibit "A" Conditional Use Permit No. 2013 -03 Conditions of Approval Page 3 4.3. 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 5.1. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (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 7:00 a.m. to 6:00 p.m. only, on Monday through Friday. Late night or early morning deliveries shall be specifically prohibited. (Planning) 6.3. Business operations, other than truck dock activities, shall not be permitted to conduct business or hold office hours before 7:00 a.m. or after 9:00 p.m. daily. (Planning) 6.4. All product and material storage shall occur within the building. Exterior storage of mechanical equipment, pallets, raw material, etc. is specifically prohibited. (Planning) 6.5. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. (Planning) 6.6. Security gate systems shall be equipped with a "Knox box" system providing access with a Knox submaster key for emergency access by police and fire services. The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Authority prior to issuance of building permits. (Planning) 6.7. 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) • Community Development Department • Planning Division • 085 Exhibit "A" Conditional Use Permit No. 2013 -03 Conditions of Approval Page 4 6.8. The parking lot shall be used solely for vehicular parking, unless otherwise approved in writing by the Community Development Director. (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) 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) 7.5. The property owner shall maintain the site, and the publically viewable 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) 7.6. 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) 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 Not Applicable • Community Development Department • Planning Division • 086 Exhibit "A" Conditional Use Permit No. 2013 -03 Conditions of Approval Page 5 10. Landscaping within the Public Right -of -Way 10.1. The applicant or his successor in interest shall maintain the landscape planted in right of way of the frontage of their property in a healthy condition. (Engineering, Maintenance) 11. Sewer and Wastewater Not Applicable 12. Street Trees Not Applicable 13. Street Lighting Not Applicable 14. Streets 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 Not Applicable 16. Traffic Not Applicable 17. Utilities Not Applicable 18. Drainage Not Applicable 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 storm water pollution prevention including, but not limited to, obtaining a commercial /industrial storm water discharge permit from the Public Works Department, prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) 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 storm water 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) • Community Development Department • Planning Division • 087 Exhibit "A" Conditional Use Permit No. 2013 -03 Conditions of Approval 20. Building and Safety Page 6 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. An automatic fire sprinkler system, approved by the Fire Marshal, may be required. (Building & Safety) 20.3. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. (Building & Safety) 20.4. Type 5 cement shall be used for all foundations and slabs on grade, if applicable. (Building & Safety) 20.5. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick moisture barrier, if applicable. (Building & Safety) 20.6. Construction bins for non - recyclable and recyclable materials generated from any construction site (residential and non - residential) must be placed "on site" out of the public right -of -way unless a permit is obtained from the Public Works Department. (Building & Safety) 20.7. Building plans shall be stamped by a licensed engineer. (Building & Safety) 21. Security 21.1. The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of six -inch (6 ") lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. (Police Department.) 22. Antennas Not Applicable 23. Alcohol Not Applicable 24. Alcohol — On Sale General Not Applicable 25. Alcohol — Off Sale Beer & Wine Not Applicable 26. Fire - Residential Not Applicable • Community Development Department • Planning Division • 088 Exhibit "A" Conditional Use Permit No. 2013 -03 Conditions of Approval 27. Fire - Commercial Not Applicable Effective: 7 -8 -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 7 • Community Development Department • Planning Division •