Resolution No. 6214 281
RESOLUTION Na 6214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-08 -
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 Cypress Zoning Ordinance of the City of Cypress
to establish an energy efficiency training center within an existing industrial building located
at 5556 Corporate Avenue, in the BP Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law. At the public hearing held on September 13, 2010, the
City Council considered the staff report and all information, testimony, evidence and written
comments presented during the public review period and at the public hearing.
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 and intent of the BP Business
Park Zone in which the site is located, which is:
Intended to provide a stable environment conducive to the development
and protection of specialized manufacturing, packaging, printing,
publishing, testing, and research and development uses, including
associated administrative office facilities.
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 energy efficiency training center is consistent with
the types of uses permitted within the BP Business Park Zone.
(2) The proposed energy efficiency training center would comply with
the parking requirements of the Cypress Zoning Ordinance.
(3) The proposed energy efficiency training center has been
adequately conditioned to ensure compatibility with the
surrounding uses.
c. The proposed energy efficiency training center as conditioned, will
comply with each of the applicable provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 2010-08, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of e City of Cypress at a regular
meeting held on the 13th day of September, 2010.
MAYO OF THE CITY OF CYPRESS
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282
ATTEST:
10-e-ItZL ,ec
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 13th day of September, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Luebben
OWOL iLLm
CITY CLERK OF THE CITY OF CYPRESS
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283
EXHIBIT "A"
Conditional Use Permit No.2010-08
5556 Corporate Avenue
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 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a
Certificate of Occupancy being issued.
• Community Development Department•Planning Division •
284
Exhibit "A" Page 2
•
Conditional Use Permit No. 2010-08
Conditions of Approval
7. The applicant shall obtain a Cypress business license prior to commencement of the business
operation.
8. All applicable conditions of Conditional Use Permit No. 2010-08 shall be complied with prior
to occupancy of the subject building.
9. 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.
10. 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.
11. 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.
STORMWATER CONDITIONS
12. A solid cover shall be provided over the relocated trash enclosure prior to the commencement
of the training operations. The design of the cover shall be consistent with the architecture
of the building and subject to approval by the Cypress Planning Division.
13. Trash enclosure area shall be maintained and swept regularly to prevent any discharges
from flowing into the gutter or storm drain. At no time shall discharges be hosed off with
water and allowed to flow into the gutter or storm drain system.
COMMUNITY DEVELOPMENT CONDITIONS
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2010-08 will require an amendment to the conditional use permit.
15. All proposed signage shall be submitted for Community Development Department approval
prior to the installation of any signs. 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.
16. Temporary sign displays outside of the building shall require the approval of a temporary use
permit from the Community Development Department.
• Community Development Department•Planning Division •
285
Exhibit "A" Page 3
Conditional Use Permit No. 2010-08
Conditions of Approval
17. This conditional use permit may be modified or revoked by the City Council if substantiated
complaints are received, or if the City Council determines 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.
18. 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.
19. The parking lot shall be striped in accordance with the approved parking plan prior to
the commencement of training operations. Parking lot striping and installation of wheel
stops shall comply with the standards contained in Section 3.14.050.0 of the Cypress
Zoning Code.
20. The chain link fence located across the front of the parking lot area shall be removed
prior to the commencement of the training operations.
21. Prior to the construction of any interior or exterior improvements, a building permit
shall be obtained from the Cypress Building Division.
BUILDING CONDITION
22. 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.
ORANGE COUNTY FIRE AUTHORITY CONDITION
23. Prior to the issuance of a building permit, the applicant shall submit architectural plans
(service codes PR200-PR285) to the Orange County Fire Authority for review and approval.
Effective: 9-13-2010
• Community Development Department • Planning Division •