Resolution No. 6324RESOLUTION NO. 6324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2012 -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 commercial lease space located at 9851 Walker
Street 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 use is a conditionally permitted
use within the CG- 10,000 Commercial General Zone.
(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 subject site contains a sufficient number of parking
spaces to accommodate both the proposed and existing uses located within
the existing shopping center.
(5) 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 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 -04, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress a regular
meeting held on the 23rd day of July, 2012.
R OF T !` OF CYPRESS
379
ATTEST:
11
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
380
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 July, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
381
EXHIBIT "A"
Conditional Use Permit No. 2012 -04
9851 Walker Street
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
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.
6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a certificate of occupancy being issued.
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
382
Exhibit "A"
Conditional Use Permit No. 2012 -04
Conditions of Approval
Page 2
8. All applicable conditions of Conditional Use Permit No. 2012 -04 shall be complied with
prior to occupancy of the subject building.
9. 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.
10. 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.
11. 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.
PUBLIC WORKS CONDITIONS
12. 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.
COMMUNITY DEVELOPMENT CONDITIONS
13. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -04 will require an amendment to the conditional use
permit.
14. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
15. 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.
16. 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.
17. All interior improvements to the subject lease space shall be constructed as illustrated on the
plans submitted to the City.
• Community Development Department • Planning Division •
383
Exhibit "A"
Conditional Use Permit No. 2012 -04
Conditions of Approval
Page 3
18. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
19. The rear access doors shall remain closed at all times.
20. The hours of operation shall be limited to 5:00 a.m. through 11:00 p.m. Monday
through Thursday, 5:00 a.m. through 10:00 p.m. Friday, and 7:00 a.m. through
8:00 p.m. Saturday and Sunday.
21. 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.
22. If amplified music is used in conjunction with exercise activities, the volume must be
controlled so that it does not disturb adjacent residential property owners and the
tenants in the shopping center.
23. All building signage shall be reviewed by the Community Development Department and
shall comply with the shopping center's sign program. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
• Community Development Department • Planning Division •
384
Exhibit "A"
Conditional Use Permit No. 2012 -04
Conditions of Approval
Page 4
30. 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.
31. Customer access through the rear doors located on the west side of the building shall
be limited to the hours between 7:00 a.m. and 9:00 p.m. seven (7) days a week.
32. 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 CONDITIONS
33. 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 Code of the City of Cypress.
34. An automatic fire sprinkler system, approved by the Fire Marshal is required.
35. Type 5 cement shall be used for all foundations and slabs on grade.
36. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
37. 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.
38. Building plans shall be stamped by a licensed engineer.
39. Plans must be submitted to the Orange County Fire Authority (OCFA) for review.
40. Security lighting shall be added to the rear (west) elevation of the building to the
satisfaction of the Cypress Planning Division. The lighting shall be shielded so that it
does not create glare to the surrounding residents.
Effective: 7 -23 -2012
• Community Development Department • Planning Division •