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Resolution No. 6355RESOLUTION NO. 6355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2013 -01 - 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 24 -hour fitness center within two existing lease spaces, located at 6907 & 6911 Katella Avenue within the PC -1 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 -1 Planned Community Business Park Zone in which the site is located, which is: Intended as an area for the development of modern industrial /commercial developments which meets the high performance and development standards of the City. 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) Conditions of approval have been imposed to ensure compliance with the Lusk - Cypress Industrial Park Specific Plan and the Cypress City Code. (2) Adequate vehicle circulation and parking would be provided for the proposed fitness center. (3) As conditioned, the proposed use would not result in any noise impacts on surrounding uses. (4) The proposed fitness center use would be compatible with the existing uses located within the shopping center. c. The proposed conditional use will comply with each of the applicable provisions of the Cypress Zoning Ordinance and the Lusk - Cypress Industrial Park 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 -01, 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,Qode of Civil Procedure 1094.6. PASSED AND ADOPTED by the City Council o the City of Cypress at a regular meeting held on the 25th day of March, 2013. MAYOR OF THE CITY OF CYPRESS 034 ATTEST: &o,kg.try) CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 035 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 25th day of March, 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 036 EXHIBIT "A" Conditional Use Permit No. 2013 -01 6907 & 6911 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 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 • 037 Exhibit "A" Conditional Use Permit No. 2013 -01 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.A11 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 3.1.0n-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.A11 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.A11 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 • 038 Exhibit "A" Conditional Use Permit No. 2013 -01 Conditions of Approval 4. Signage Page 3 4.1.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) 4.2.A11 signage on the business and within the business that is visible to the exterior shall comply with Cypress Municipal Code Sign Regulations. (Planning) 5. Landscaping Not Applicable 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.A11 product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 6.3. Security door 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) 6.4.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) 6.5.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 type of 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) • Community Development Department • Planning Division • 039 Exhibit "A" Conditional Use Permit No. 2013 -01 Conditions of Approval 7. Property Maintenance Page 4 7.1.A11 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, the publically accessible interior and publically viewable exterior of the building clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. 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) 7.7.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) • Community Development Department • Planning Division • 040 Exhibit "A" Conditional Use Permit No. 2013 -01 Conditions of Approval 9. Engineering Not Applicable 10. Landscaping within the Public Rights of Way Not Applicable 11. Sewer & Wastewater Not Applicable 12. Street Trees Not Applicable 13. Street Lighting Not Applicable 14. Streets 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 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 place sufficient trash receptacles outside and inside 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. 20. Building and Safety 20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California Administrative Code, Title 24, and the City of Cypress Codes. (Building and 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 • Community Development Department • Planning Division • 041 Exhibit "A" Conditional Use Permit No. 2013 -01 Conditions of Approval Page 6 be equipped with effective muffling devices. Compliance with this measure is subject to field inspection by City staff. (Building and Safety) 20.3. Prior to final certificate of occupancy, as required by California State Health and Safety Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm copies of the approved plans on standard aperture cards, to serve as the official file copy of the approved building plans. In lieu of microfilm, the applicant can provide plans on CD rom with self - loading software or other format approved by the building official. (Building and Safety) 20.4. Building plans shall be stamped by a licensed engineer. (Building and Safety) 21. Security 21.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one (1) footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police) 21.2. The owner shall install and maintain a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of operation and monitoring the rear of the premises. The camera system shall keep a minimum 60 day library of events, which shall be available for downloading and inspection by the Cypress Police Department. (Police) 21.3. The front, rear, and sides of the exterior of the premises, as well as all adjacent parking lots under the control of the licensee, shall be illuminated at all times while the premises are open for business in such a fashion that persons standing outdoors at night are readily identifiable by law enforcement personnel. (Police) 21.4. Prior to issuance of Building Permits, the applicant shall submit a parking lot surveillance camera plan. The plan shall be subject to the approval of the Chief of Police for security placement and the Director of Community Development for aesthetic compatibility with the structure and/or surroundings if the cameras are mounted on a pole. The surveillance camera plan shall provide coverage of the parking lot areas with cameras capable of providing the deciphering of license plates and identifying facial features of persons in the parking lot area in both day and night. The surveillance plan shall identify the locations of all cameras on the structure(s). Prior to occupying the lease space, the applicant shall demonstrate that the camera system is in working condition. The surveillance cameras shall be in place and in working condition during the duration of the Conditional Use Permit. The camera system shall keep a minimum 60 day library of events, which shall be available for downloading and inspection by the Cypress Police Department. (Police, Planning) • Community Development Depaituient • Planning Division • 042 Exhibit "A" Conditional Use Permit No. 2013 -01 Conditions of Approval 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 27. Fire - Commercial Not Applicable 28. Additional Conditions Per City Council Page 7 28.1 Six months after the commencement of the business operations, City staff shall return to the City Council with a status report addressing any issues related to the 24- hour operation of the use. Effective: 3 -25 -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 • Community Development Department • Planning Division • 043 Exhibit "A" Conditional Use Permit No. 2013 -01 Conditions of Approval 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 28. Additional Conditions Page 8 • Community Development Department • Planning Division •