Resolution No. 6309RESOLUTION NO. 6309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2012 -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
the installation of a Microsite Recycling Center located at 5401 Katella Avenue within the
PBP Planned 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 PBP Planned Business
Park Zone in which the site is located, which is:
Intended to provide for a potential neighborhood level shopping
center designed as an integrated center, as well as similar retail
commercial, service commercial and office professional uses at
appropriate locations within the Specific Plan area.
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 recycling center is consistent with the types of
uses permitted within the Cypress Business and Professional Center
Specific Plan.
(2) The proposed recycling center would comply with the parking
requirements of the Cypress Zoning Ordinance.
(3) The proposed recycling center has been adequately
conditioned to ensure compatibility with the surrounding commercial uses.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance and the Cypress Business and Professional
Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2012 -03, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 29th day of May, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
R OF THE & Y OF CYPRESS
240
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
241
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 29th day of May, 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
242
EXHIBIT "A"
Conditional Use Permit No. 2012 -03
5401 Katella Avenue
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. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
243
Exhibit "A"
Conditional Use Permit No. 2012 -03
Conditions of Approval
Page 2
7. All applicable conditions of Conditional Use Permit No. 2012 -03 shall be complied with
prior to occupancy of the subject building.
8. All business activity shall occur within the subject building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress
Zoning Ordinance.
9. 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.
10. 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
Fees
11. Prior to the issuance of any permits, the applicant shall pay for the following fees (Per
Resolution No. 6118, except as otherwise noted below):
• Grading Permit and Inspection
Water Quality
12. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial /industrial stormwater discharge permit from the Public Works
Department, prior to the issuance of a final certificate of occupancy.
13. 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.
14. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the Engineering Division Manager, a Water Quality Management
Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be
used onsite to control predictable pollutant runoff. The applicant's WQMP shall be in
conformance with the Orange County Drainage Area Management Plan (DAMP), Model
WQMP, and Technical Guidance Manual for reference, and the City's WQMP template
for submittal. This WQMP shall include the following:
• Community Development Department • Planning Division •
244
Exhibit "A"
Conditional Use Permit No. 2012 -03
Conditions of Approval
Page 3
• Detailed site and project description
• Potential stormwater pollutants
• Post - development drainage characteristics
• Low Impact Development (LID) BMP selection and analysis
• Structural and Non - Structural source control BMPs
• Site design and drainage plan (BMP Exhibit)
• GIS coordinates for all LID and Treatment Control BMPs
• Operation and Maintenance (O &M) Plan that (1) describes the long -term
operation and maintenance requirements for BMPs identified in the BMP Exhibit;
(2) identifies the entity that will be responsible for long -term operation and
maintenance of the referenced BMPs; and (3) describes the mechanism for
funding the long -term operation and maintenance of the referenced BMPs.
15. The applicant shall install pervious pavement downstream around the perimeter of the
facility. The pervious pavement will serve as a pollution prevention measure by
collecting the stormwater and non - stormwater discharges and thereby minimize
discharges flowing into the municipal storm drain system. The applicant shall obtain
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 commencing business.
COMMUNITY DEVELOPMENT CONDITIONS
16. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -03 will require an amendment to the conditional use
permit.
17. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
18. 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.
19. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
20. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
21. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
• Community Development Department • Planning Division •
245
Exhibit "A"
Conditional Use Permit No. 2012 -03
Conditions of Approval
Page 4
22. 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.
23. 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.
24. The City Council shall maintain the right to review the recycling center 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.
25. The proposed business hours for the recycling center shall be from 10:00 a.m. to 4:30 p.m.
Tuesday through Saturday, and closed for lunch between 1:00 p.m. to 1:30 p.m.
26. The center is prohibited from operating between the hours of 6:00 p.m. and 9:00 a.m.
27. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
BUILDING CONDITIONS
28. 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.
29. The Developer shall pay to the City of Los Alamitos, a Traffic Mitigation Contribution fee
of one (1) dollar for each square foot of new building construction in accordance with
Paragraph 7.b, of the Cypress Business and Professional Center Traffic Mitigation
Agreement.
Effective: 5 -29 -2012
• Community Development Department • Planning Division •