Resolution No. 6326RESOLUTION NO. 6326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2012 -06
- 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 pet grooming business located at 4752 Lincoln Avenue within the PC Planned
Community Zone — Lincoln Avenue Specific Plan area.
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 Planned Community
Zone in which the site is located, which is:
Intended to permit a compatible mix of land uses, planned
commercial developments, and business parks, and a variety of
housing styles and densities.
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 pet grooming use is conditionally permitted in
the applicable RM Residential Mixed Use District of the PC Planned
Community Zone - Lincoln Avenue Specific Plan area, and is consistent with
the Cypress General Plan's commercial land use designation.
(2) Sufficient onsite parking is provided to accommodate the
proposed use within the existing shopping center.
(3) As conditioned, the proposed use would be compatible with
surrounding commercial and residential uses.
(4) Conditions of approval shall restrict the pet grooming
operations to prevent noise impacts on adjacent residential and commercial
properties.
(5) 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2012 -06, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypres at a regular
meeting held on the 13th day of August, 2012.
ITY OF CYPRESS
387
ATTEST:
XY)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
388
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 13th day of August, 2012, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
p
CLERK OF THE CITY OF CYPRESS
389
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2012-06
4752 Lincoln Avenue
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard conditions of approval.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. All applicable conditions of Conditional Use Permit No. 2012 -06 shall be complied with
prior to occupancy of the subject building.
7. 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.
• Community Development Department • Planning Division •
390
Exhibit "A"
Conditional Use Permit No. 2012 -06
Conditions of Approval
Page 2
8. 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.
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.
STORMWATER QUALITY
10. Prior to the issuance of a certificate of use and occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the Engineering Division Manager and Water Quality Manager, including:
- Demonstrate that all structural Best Management Practices (BMPs) described in
the BMP Exhibit from the project's approved WQMP have been implemented,
constructed and installed in conformance with approved plans and specifications
Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
Submit for review and approval an Operations and Maintenance (O &M) Plan for
all structural BMPs (the O &M Plan shall become an attachment to the WQMP)
Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date 12
months after the issuance of a Certificate of Use and Occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
Demonstrate that the applicant has RECORDED one of the following: 1. The
CC &R's (that must include the approved WQMP and O &M Plan) for the project's
Home Owner's Association; 2. A water quality implementation agreement that has
the approved WQMP and O &M Plan attached; or 3. The final approved Water
Quality Management Plan (WQMP) and Operations and Maintenance (O &M)
Plan.
11. 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.
12. Animals or grooming equipment shall not be permitted to be housed outdoors.
• Community Development Department • Planning Division •
391
Exhibit "A"
Conditional Use Permit No. 2012 -06
Conditions of Approval
Page 3
13. Owner /operator shall ensure that animals brought to the facility are not permitted
to urinate or defecate outside of the building. Animal waste materials collected
from the holding cages shall be properly disposed of in accordance with the Orange
County Health Department requirements. The business shall also comply with all
pet waste best management practices as specified in Best Management Practices R-
5, Disposal of Pet Wastes, of the County of Orange Drainage Area Management
Plan (DAMP).
COMMUNITY DEVELOPMENT CONDITIONS
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -06 will require an amendment to the conditional use
permit.
15. This conditional use permit may be modified or revoked by the City Council should
substantiated complaints be received and/or 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.
16. 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.
17. 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.
18. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
19. 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. Trash disposal shall be conducted during the approved business hours of
operation.
20. The business hours of operation shall be limited from 8:00 a.m. to 6:00 p.m. Monday
through Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. 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.
• Community Development Department • Planning Division •
392
Exhibit "A"
Conditional Use Permit No. 2012 -06
Conditions of Approval
Page 4
21. The rear (south) access door of the business premises facing the alleyway and adjoining
residential condominiums shall remain closed during all hours of business operation.
22. The pet grooming parlor operations shall comply with the Cypress Noise Ordinance of the
Cypress Municipal Code (Article VII).
23. The keeping of animals at this business beyond the permitted hours of operation shall
be prohibited.
BUILDING CONDITIONS
24. Applicant/developer shall obtain the required permits for the tenant improvements and
comply with applicable provisions of the 2010 California Building, Plumbing, Electrical,
and Mechanical Codes, the 2010 California Administrative Code, Title 24, and the Code of
the City of Cypress.
Effective: 8 -13 -2012
• Community Development Department • Planning Division •