Resolution No. 6032472
RESOLUTION NO. 6032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2007 -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 Zoning Ordinance of the City of Cypress to allow
a trade school and auction house use within an existing office /warehouse building located
at 5573 Market Place within 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.
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 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 with
associated administrative office facilities often providing a campus -
like environment as a corporate headquarters.
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 commercial trade school and auction house
uses are both conditionally permitted in the applicable BP Business Park
Zone and are consistent with the Cypress General Plan's 8usness Park
land use designation.
(2) Sufficient onsite parking is provided to accommodate the
proposed commercial trade school and auction house uses.
(3) As conditioned, the proposed uses would be compatible with
surrounding commercial and light industrial uses iocated in the same
business park.
(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 -08, 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 9th day of July, 2007.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
473
, Maw)! Parreni
MAYOR OFT E CI '�i OF CYPRESS
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 9th day of July, 2007, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Mills, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
co,Lot, 66.c17 i,y)
CITY CLERK OF THE CITY OF CYPRESS
474
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2007-08
5573 Market Place
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 seq. - 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 •
475
Exhibit "A"
Conditional Use Permit No. 2007 -08
Conditions of Approval
Page 2
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.
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 -08 will 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 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. 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 entire building if there are no screed lines or architectural projections to provide a clear
line of demarcation.
14. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
15. 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.
16. The parking lot shall be striped as shown on the approved site plan with a minimum of
twenty -one (21) 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.
• Community Development Department • Planning Division •
476
Exhibit "A"
Conditional Use Permit No. 2007 -08
Conditions of Approval
Page 3
17. The business hours of operation shall be limited from 5:30 p.m. to 9:30 p.m. on
weekdays and 9:00 a.m. to 5:00 p.m. on week -ends. No more than one (1) class shall be
conducted at one time and class size shall be limited to 12 students. Additional week-
end seminars or auctions shall be limited to 20 attendees in the warehouse area.
Seminars or auctions shall not be conducted at the same time as the trade school
classes. 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.
18. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
BUILDING CONDITIONS
19. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2001 California Building, Plumbing, Electrical, and Mechanical Codes, the 2001
California Administrative Code, Title 24, and the Code of the City of Cypress.
20. Building plans shall be required for proposed tenant improvements.
Effective: 7 -9 -2007
• Community Development Department • Planning Division •