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HomeMy WebLinkAboutResolution No. 6236369 RESOLUTION NO. 6236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2011-01 - 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 operate a fitness center within an existing retail lease space located at 4175 Ball Road 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 would be categorized as a health club use, which may be conditionally permitted in the CG- 10,000 Commercial General Zone and would be compatible with the existing uses within the shopping center. (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 proposed use would not significantly increase traffic on the surrounding streets. (5) The subject site contains a sufficient number of parking spaces to accommodate both the proposed and existing uses located within the existing 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. 2011 -01, subject to the conditions attached hereto as Exhibit "A ". 370 PASSED AND ADOPTED by the City Cour},'I gf the of Cypress at a regular meeting held on the 28th day of February, 2011. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS ,/y/ OF THE CITY OF CYPRESS 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 28th day of February, 2011, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Bailey, Narain, and Mills NOES: 2 COUNCIL MEMBERS: Luebben, Seymore ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 371 EXHIBIT "A" Conditional Use Permit No. 2011 -01 4175 Ball Road 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 sec . - 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 the 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. 2011 -01 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 • 372 Exhibit "A" Conditional Use Permit No. 2011 -01 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 oT 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 -01 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. The rear access door to the business facing the alleyway and adjoining residences shall remain closed during all hours of business operation. The rear access door shall be designed and used for emergency exit only. 17. The hours of operation shall be limited to 5:00 a.m. through 9:00 p.m. Monday through Thursday, 5:00 a.m. through 7:00 p.m. on Fridays, 7:00 a.m. through 3:00 p.m. on Saturdays, and 8:00 a.m. through 12:00 noon on Sundays. • Community Development Department • Planning Division • 373 Exhibit "A" Conditional Use Permit No. 2011 -01 Conditions of Approval Page 3 18. If amplified music is used is 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. 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. The applicant/developer shall provide accessible restrooms within the subject lease space per the Americans with Disabilities Act (ADA). 20. 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. 21. Any tenant improvements conducted inside the lease space would require the existing restroom to comply with the Americans with Disabilities Act (ADA). Effective: 2 -28 -2011 • Community Development Department • Planning Division •