Resolution No. 6074 089
RESOLUTION NO. 6074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2007-14 -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 manufacturing use located at 5960 Lakeshore Drive within the PCM Planned
CommerciaVLight Industrial 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 PCM Zone in which the
site is located, which is:
Intended to facilitate innovative design of mixed use commercial and
light industrial developments on properties designated for these uses
in the General Plan, and to streamline development review of projects
proposed within an approved PCM zoning district.
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 light manufacturing use is conditionally
permitted in the applicable PCM Planned CommerciaVLight Industrial Zone
and is consistent with the Cypress General Plan's Light Industrial land use
designation.
(2) Sufficient on-site parking and adjacent reciprocal parking is
provided to accommodate the proposed light manufacturing and associated
office uses.
(3) As conditioned, the proposed uses would be compatible with
surrounding commercial and light industrial uses located in the same
business park, as well as the adjacent public right-of-way use.
(4) 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 Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2007-14, subject to the
conditions attached hereto as Exhibit "A".
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090
PASSED AND ADOPTED, by the City Council of the City of Cypress at a regular
1 __ _/t.. 16i
meeting held on the 24th day of March, 2008.
f1 / /
MAYOR OF HE CIT, OF CYPRESS
ATTEST:
f ' iLuaL e( w1 ,..,.
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 24th day of March, 2008, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS
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091
EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2007-14
5960 Lakeshore Drive
CONDITIONS OF APPROVAL
Note:
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 and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
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 •
092
Exhibit"A" Page 2
Conditional Use Permit No. 2007-14
Conditions of Approval
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 lowlw
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. 2007-14 will require an amendment to the conditional use
permit.
11. This conditional use permit may be modified or revoked by the City Council, subject to a
public hearing, should the Council determine that the proposed business 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. 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.
13. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
14. 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.
15. The parking lot shall be striped as shown on the approved site plan with a minimum of
eight (8) on-site parking spaces, including handicap accessible spaces as required by
law. The parking spaces within the fenced enclosure located behind the building shall
remain open and available for use during the business' hours of operation.
16. The business hours of operation shall be limited from 7:00 a.m. to 4:00 p.m. on
weekdays only. 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.
• Community Development Department •Planning Division •
093
Exhibit "A" Page 3
Conditional Use Permit No. 2007-14
Conditions of Approval
17. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
BUILDING CONDITIONS
18. 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.
STORMWATER QUALITY
19. All saw-cutting processes shall be performed inside of the facility. No saw-cutting
activities may be performed outside of the building.
20. Any discharge of material generated by the saw-cutting process shall be removed in
accordance with proper spill clean up best management practices, which includes
dry sweeping the affected area and disposing of material in a trash container. At no
time shall discharges be hosed off with water and allowed to flow into the gutter or
storm drain.
21. Any storage of equipment and materials outdoors shall not be permitted unless it is
covered and protected from stormwater and only if approved under conditions
imposed upon the business by the Community Development Department.
22. The 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.
23. Facility will be subject to inspections under the City's National Pollutant Discharge
Elimination System (NPDES) Stormwater Program Commercial/Industrial
Inspection Program to verify compliance with the City's stormwater quality
regulations and implementation of stormwater best management practices.
Effective: 3-24-2008
• Community Development Department•Planning Division •