Resolution No. 5613RESOLUTION NO. 5613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002 -16 - 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 35, Division 7 of the Zoning Ordinance of the City of Cypress to establish a
Service Club (American Legion Post #295) within an existing lease space located at 5646 Corporate
Drive within the PC -5 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 -5 Planned Community Business Park
Zone in which the site is located, which is:
Intended to allow for a well designed business park consisting of a physical
mix of land uses, including commercial, and providing for a wide range of
employment opportunities.
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 Service Club is consistent with the General Plan
designation of the property as well as the uses permitted in the PC -5 Planned
Community Business Park Zone.
(2) Conditions of approval have been included to ensure the
compatibility of the use with adjacent office and industrial uses.
(3) Adequate parking will be provided onsite for the proposed use.
c. The proposed conditional use 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. 2002 -16, 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 14th day of October, 2002.
ATTEST:
OA 1.11
ITY CLERK OF : i CITY OF CYPRESS
MA
OF THE CITY OF CYPRESS
137
138
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM- GUERTIN, 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 14th day of October, 2002, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
139
EXHIBIT "A"
Conditional Use Permit No. 2002 -16
5646 Corporate Avenue
American Legion Post #295
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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 m. - 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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
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/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 applicable conditions of Conditional Use Permit No. 2002 -16 shall be complied with
prior to commencement of the business operations.
6. 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 Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
• Community Development Department • Planning Division •
140
Exhibit "A"
Conditional Use Permit No. 2002 -16
Conditions of Approval
Page 2
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.
COMMUNITY DEVELOPMENT CONDITIONS
7. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2002 -16 will require an amendment to the conditional use
permit.
9. Adult supervision (over 21 years of age) shall be maintained on the business during business
hours.
10. The hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m. Sunday
through Thursday, and 8:00 a.m. to 1 a.m. Friday and Saturday.
11. 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.
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 City Council shall maintain the right to review the business's 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.
16. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 2002 -16 becoming effective.
17. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
• Community Development Department • Planning Division •
141
Exhibit "A"
Conditional Use Permit No. 2002 -16
Conditions of Approval
Page 3
18. All architectural treatments shall be constructed as illustrated on plans submitted.
The new exterior storefront glass at the rear of the building shall be consistent with
the windows located at the front of the building. An exterior elevation plan
illustrating the new storefront window glass shall be submitted to the Planning
Division for review and approval prior to the issuance of building permits.
19. This conditional use permit is granted only to this applicant and only for the
indicated tenant space. This conditional use permit is not transferable to another
user at this location should the applicant vacate or be removed from the tenant
space by the owner.
20. Special events and assembly uses which generate higher occupancy loads than the
current office configuration shall be limited to evening, weekend, and off -peak
hours so as not to conflict with the operations of the surrounding business park
users.
BUILDING CONDITIONS
21. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
22. An automatic fire sprinkler system, approved by the Fire Marshal, is required.
23. A grease interceptor shall be installed in conformance with the Uniform Plumbing
Code and Orange County Health Department Requirements.
FIRE AUTHORITY CONDITIONS
24. Fire extinguishers shall be installed and located in areas to comply with Orange County
Fire Authority standards.
25. Exit signs and exit path markings shall be provided in compliance with Orange County
Fire Authority standards.
26. Any tenant improvements that will alter existing fire sprinkler and/or fire alarm systems
shall be subject to Orange County Fire Authority approval.
Effective 10 -14 -2002
• Community Development Department • Planning Division •