Resolution No. 6221 304
RESOLUTION NO. 6221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-09 -
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 a trade/vocational school within an existing industrial building located
at 6251 Katella Avenue, in 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. At the public hearing held on September 27,
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 PC-4_
Planned Community 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 trade/vocational school would be consistent
with the requirements of the PC-4 Planned Community
Business Park Zone, Warland/Cypress Business Center
Specific Plan, and Cypress General Plan.
(2) The proposed trade/vocational school would comply with the
parking requirements of the Cypress Zoning Ordinance.
(3) The proposed trade/vocational school has been adequately
conditioned to ensure compatibility with the surrounding uses.
(4) The proposed location of the conditional use and the
conditions under which it would be operated or maintained
would not be detrimental to the public health, safety, or general
welfare, nor would be materially injurious to properties or
improvements in the vicinity.
c. The proposed trade/vocational school, as conditioned, will comply
with each of the applicable provisions of the Cypress Zoning Ordinance and the
Warland/Cypress Business Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2010-09, subject to the
conditions attached hereto as Exhibit "A".
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of September, 2010.
G/\Q.t
MAYOR OF THE CITY OF CYPRESS
ATTEST:
l J LO L )6(0 '11
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 27th day of September, 2010, by the following roll call vote:
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AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
/Cab 4 •
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A" 306
Conditional Use Permit No.2010-09
6251 Katella 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.
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. 2010-09 shall be complied with prior to
occupancy of the subject building.
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Exhibit"A" Page 2
Conditional Use Permit No. 2010-09
Conditions of Approval
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. The applicants shall comply with all necessary requirements of the California Department of
Social Services, County of Orange Health Department, County of Orange Fire Marshal's Office,
and the City of Cypress Building and Community Development Departments prior to operation
of the school.
12. 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
13. Utilities shall not be released until all conditions of approval have been met to the satisfaction of
the Community Development Department.
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2010-09 will require an amendment to the conditional use permit.
15. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
16. 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.
17. A comprehensive sign program for both building and freestanding monument signs 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.
18. Upon expiration or termination of the tenant's lease term, the tenant or property owner shall
remove all wall signs, patch the canopy and facia, and paint the patched area to match the
surrounding wall facia. This painted area shall constitute the entire wall of the tenant space or
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Exhibit "A" Page 3
Conditional Use Permit No. 2010-09
Conditions of Approval
entire building if there are no screed lines or architectural projections to provide a clear line of
demarcation.
19. All product and material storage shall occur within the building. Exterior storage is specifically
prohibited.
20. The parking lot shall be restriped per the attached site plan. Parking lot surfaces and
pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or
other driving or walking surfaces are free of potholes,cracked surfaces, or raised areas.
21. 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.
22. Exterior building elevations shall be maintained in a safe appearance such that the buildings are
free of broken, missing or significantly cracked surface finished materials.
23. The City Council shall maintain the right to review the schools hours of operation and may,
subject to a public hearing, limit the hours should substantiated complaints be received that the
business hours are creating an adverse impact upon neighboring properties.
24. Should substantiated complaints be received, this conditional use permit may be modified and/or
revoked, subject to a public hearing.
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25. The occupancy of the subject building shall be limited to students, faculty, and employees
of Educacion Significativa only. The renting or sub-leasing of any interior space to any
other school or use at any time for any reason will require an amendment to this
conditional use permit before such sub-leasing occurs.
26. The City reserves the right to review the proposed use on a recurring basis to determine if
adequate parking is being provided or overflow conditions are impacting adjacent
sites/businesses. If it is determined at any time that the parking demand is exceeding the
parking provided for the site, additional parking area on adjoining parcels shall be
obtained or restrictions or limitations on student enrollment may be required by the City
and an immediate amendment to this conditional use permit shall be required.
27. The approval of this conditional use permit shall be for this tenant only and shall terminate
on the date the tenant (Educacion Significativa) vacates the building. The provisions of
Section 4.19.070.F of the Cypress Zoning Ordinance shall not apply to this site in this
instance. Any subsequent use requiring a conditional use permit shall be required to
obtain a new conditional use permit prior to occupancy of the building.
BUILDING CONDITIONS
28. 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
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309
Exhibit "A" Page 4
Conditional Use Permit No. 2010-09
Conditions of Approval
Administrative Code,Title 24, and the Code of the City of Cypress.
29. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
30. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire
Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
31. Type 5 cement shall be used for all foundations and slabs on grade.
32. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
33. Construction bins for non-recyclable and recyclable materials generated from any construction
site (residential and non-residential) must be placed "on site" out of the public right-of-way
unless a permit is obtained from the Public Works Department.
34. Prior to final certificate of occupancy, as required by California State Health and Safety Code,
Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm
copies of the approved plans on standard aperture cards, to serve as the official file copy of the
approved building plans. In lieu of microfilm, the applicant can provide plans on CD-rom with
self-loading software or other format approved by the building official.
FIRE AUTHORITY CONDITIONS
35. 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.
36. Prior to the concealment of any interior construction, the applicant shall submit the following
plans to the Orange County Fire Authority for review;and approval:
• sprinkler monitoring system (service code PR500)
• fire alarm system (service code PR500-PR$20)
• fire sprinkler system (service codes PR430-PR455), if the building is currently
sprinklered and the system requires modification
POLICE CONDITION
37. Lighting for the building site shall be maintained at a minimum of one (1) footcandle of light
on the parking lot surface from dusk until at least one hour after the end of the final evening
classes for each day of operation.
Effective: 9-27-2010
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