Resolution No. 6226322
RESOLUTION NO. 6226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS'
APPROVING CONDITIONAL USE PERMIT NO. 2010-11
- 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 massage establishment providing only hand and foot reflexology, as well as chair
massage services located at 4171 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 massage use providing only hand and foot
reflexology, as well as chair massage services is conditionally permitted in
the applicable CG- 10,000 Commercial General Zone and is consistent with
the Cypress General Plan's General Neighborhood Commercial land use
designation.
(2) The subject site contains a sufficient number of parking
spaces to accommodate both the proposed and existing uses located within
the existing shopping center.
(3) As conditioned, the proposed massage use providing only
hand and foot reflexology, as well as chair massage services would be
compatible with surrounding commercial and residential land uses.
(4) Conditions of approval shall restrict the massage business
operations to prevent noise impacts on adjacent residential 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 Cypress Zoning Ordinance, as well as the massage ordinance of
the Cypress City Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2010 -11, 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 8th day of November, 2010.
ATTEST:
160-0?"ar✓1
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
11\5 tk"
MAYOR OF THE CITY Of CYFIRESS
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 8th day of November, 2010, by the following roll call vote:
AYES: 3
NOES: 1
ABSENT: 0
ABSTAIN: 1
COUNCIL MEMBERS: Mills, Bailey, and Narain
COUNCIL MEMBERS: Luebben
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Seymore
f ,S(1
CITY CLERK OF THE CITY OF CYPRESS
323
324
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2010-11
4171 BALL ROAD
CONDITIONS OF APPROVAL
Notes:
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 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 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. 2010 -11 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.
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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 2010 -11
Conditions of Approval
Page 2
325
9. Any and all correction notice(s) generated through the tenant improvement 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. The approved use shall include foot and hand reflexology, as well as chair massage. Any
expansion or modification of the approved use beyond what is approved as part of Conditional
Use Permit No. 2010 -11 (such as full body massage) shall 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 area shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
13. All interior improvements to the subject lease area shall be constructed as illustrated on plans
submitted to the City.
14. 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.
15. 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.
16. All product and material storage shall occur within the building. Exterior storage is specifically
prohibited.
17. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on
adjoining properties are hereby prohibited.
18. 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.
19. Deliveries shall be from 9 a.m. — 9 p.m. only.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 2010 -11
Conditions of Approval
Page 3
326
20. The access door to the business premises facing the alleyway and adjoining residential uses shall
remain closed during all hours of business operation. A sign shall be attached to the inside of said
door to post this requirement.
21. Should substantiated complaints be received, this conditional use permit may be modified and/or
revoked, subject to a public hearing.
22. The business owner /operator of the massage establishment shall be responsible for
maintaining compliance of the massage establishment with all applicable provisions of the
massage ordinance of the Cypress City Code (Chapter 15A).
23. The business owner /operator of the massage establishment shall be responsible for the
conduct of all employees or independent contractors working on the premises of the business
(California Business and Professional Code, Division 2, Chapter 10.5, Massage Therapists, §
4612 (c)).
24. Pursuant to the City's massage ordinance, the massage establishment shall not be open for
business between the hours of 9:00 p.m. and 7:00 a.m. (Cypress City Code § 15A- 7(n)).
25. Any and all investigating officials of the City shall have the right to enter the massage
establishment from time to time during regular business hours to make reasonable
inspections to observe and enforce compliance with building, fire, electrical, plumbing or
health regulations, and to ascertain whether there is compliance with the applicable
provisions of the City's massage ordinance (Cypress City Code § 15A -9).
26. The owner /operator of the massage establishment shall notify the City of any intention to
rename, change management, or convey the business to another person. A sale or transfer
of any interest in the massage establishment shall be reported to the City within ten (10)
days of such sale or transfer. The new owner(s) of interest shall comply with the massage
ordinance provisions for said sale or transfer (Cypress City Code § 15A -13).
BUILDING CONDITIONS
27. Applicant/developer shall obtain the required permits and comply with applicable provisions of
the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007 California
Administrative Code, Title 24, and the Code of the City of Cypress.
Effective: 11 -8 -2010 (Revised)
• Community Development Department • Planning Division •