Resolution No. 6263RESOLUTION NO. 6263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2011 -05
- 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 Article 4, Section 19, of the Zoning Ordinance of the City of Cypress to
allow the operation of a dance studio located at 4674 Lincoln Avenue within the PC
Planned Community Zone and the RM Residential Mixed Use District of the Lincoln
Avenue Specific Plan.
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 PC Planned Community Zone in which the site is located, which
is:
Intended as an area to provide for the opportunity for the design and
development of integrated, master planned projects in areas of the
City which may benefit from special design standards and land uses
not otherwise possible under conventional zoning district regulations.
Furthermore, intended as a district providing for the residential
development (medium density, high density or mixed use), while also
allowing for limited commercial development including general retail.
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 location of the proposed dance studio is consistent with
the PC Planned Community Zone and the uses allowed within the RM
Residential Mixed Use District.
(2) Sufficient onsite parking is provided to accommodate the
proposed use in addition to other uses within the commercial center.
(3) The proposed dance studio is compatible with the other
existing uses within the commercial center.
(4) 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 Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2011 -05, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of he City of Cypress at a regular
meeting held on the 11th day of July, 2011.
MAYO • THE CITY OF CYPRESS
461
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
462
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 11th day of July, 2011, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore, and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
463
EXHIBIT "A"
Conditional Use Permit No. 2011 -05
4674 Lincoln 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 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 shall be complied with prior to
a Certificate of Occupancy being issued.
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. 2011 -05 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 •
464
Exhibit "A"
Conditional Use Permit No. 2011 -05
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.
COMMUNITY DEVELOPMENT CONDITIONS
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2011 -05 will require an amendment to the conditional use
permit.
11. 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.
12. 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.
13. All interior improvements to the subject lease space shall be constructed as illustrated on the
plans submitted to the City.
14. The applicant/developer shall not erect or display any signs on the subject property which
have not been approved in writing by the Community Development Department.
15. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
16. All access doors to the business shall remain closed during business hours.
17. The hours of operation shall be limited to 9:00 a.m. through 10:00 p.m. seven days a
week.
• Community Development Department • Planning Division •
465
Exhibit "A"
Conditional Use Permit No. 2011 -05
Conditions of Approval
Page 3
18. The volume of all amplified music used shall be controlled so that it does not disturb
adjacent property owner and tenants in the shopping center. 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.
BUILDING CONDITIONS
19. 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.
20. Any major tenant improvements conducted inside the lease space would require the existing
restroom to comply with the Americans with Disabilities Act (ADA).
Effective: 7 -11 -2011
• Community Development Department • Planning Division •