Resolution No. 482071
RESOLUTION NO. 4820
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -5 - 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 17.2 of the Zoning Ordinance of the City of Cypress to allow a request to
establish a wholesale distribution facility located at 11137 Warland Drive within the PC -4
Planned Community 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 PC -4 Zone in
which the site is located, which is:
(1) Implement the Cypress General Plan with respect to improving the
physical characteristics of the area.
(2) Allow for a well designed business park, which can respond to
changing future market conditions.
(3)
Provide for a physical mix of land uses, including commercial,
within the project area.
(4) Establish a development program through which a quality business
environment may be realized, to further provide a range of
employment opportunities, and to implement a variety of
commercial, office, and industrial land uses.
(5)
Realize land uses which are compatible with surrounding uses and
which take advantage of site characteristics
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 wholesale distribution use is compatible with the surrounding
business park uses and the project is conditioned so as to not have
impacts on neighboring residential areas.
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. 97 -5, 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 23rd day of June , 1997.
Kr0/1-)
MAYOR OF THE CITY OF CYPRESS
72
ATTEST:
- a • ,A,
CITY C ERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
RESS
I, LILLIAN M. HAINA, 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 June , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
C
• a ..
CITY LERK OF THE CITY OF CYPRESS
73
EXHIBIT "A"
Conditional Use Permit No. 97 -5
11137 Warland Drive
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
Bolded conditions are specific to this project.
ENGINEERING CONDITIONS
1. Same conditions apply from Design Review Committee No. 94 -14, Phase II.
PLANNING CONDITIONS
2. 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.
3. The applicant shall obtain a Cypress business license prior to commencement of the business
operation.
4. All applicable conditions of Conditional Use Permit No. 97 -5 shall be complied with prior to
occupancy of the subject building.
5. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97 -5 will require an amendment to the conditional use permit.
6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
7. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 13.1 of the Cypress Zoning Ordinance.
8. 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.
*9. No truck shall be permitted to remain idling in the loading area during
loading /unloading of the truck.
• Community Development Department • Planning Division •
74
Exhibit "A"
Conditional Use Permit No. 97 -5
Conditions Of Approval
Page 2
*10. No repair of trucks or equipment, other than minor incidental maintenance, shall
occur on the site.
11. No overnight parking of vehicles shall be permitted, except those used in conjunction
with the permitted use. Delivery trucks may remain parked at the loading dock
overnight for a maximum of one (1) night if loading has not been completed at the end
of the permitted loading hours. No loading or unloading of trucks shall be conducted
on Sundays.
12. 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. The business hours of operation in relation to truck dock
activity shall be limited from 7 a.m. to 7 p.m. and shall be limited to Monday through
Saturday; no Sunday trucking activities shall be permitted. Late night or early morning
deliveries shall be specifically prohibited.
*13. Trucks shall be steered away from residential areas, specifically avoiding Orangewood
Avenue and Valley View Street south of Warland Drive which have residences
immediately facing the roadway. A more suitable truck route shall be by way of Katella
Avenue and Valley View Street north of Katella Avenue.
14. 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 Thirty -Eight Dollars ($38.00) County administrative fee, to enable
the City to file the Notice of Determination 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.
15. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
16. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
BUILDING CONDITIONS
17. All conditions of Design Review Committee No. 94 -14, Phase II shall apply.
FIRE AUTHORITY CONDITIONS
18. All conditions of Design Review Committee No. 94 -14, Phase H shall apply.
Effective 6/23/97
• Community Development Department • Planning Division •