Resolution No. 5617RESOLUTION NO. 5617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -5 - 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 add 9,076
square feet to an existing retail building located at 6835 Katella Avenue within the PC -1 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 -1 Planned Community Business Park
Zone in which the site is located, which is:
Intended as an area for modern industrial/commercial development which
meets the high performance and development standards of the City.
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.
c. The proposed amendment to conditional use 84 -5 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 Amendment to Conditional Use Permit No. 84 -5, 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 28th day of October, 2002.
MAY OF THE CITY OF CYPRESS
ATTEST:
147
148
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM-GUERT1N, 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 28th 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
Y CLERK OF T CITY OF CYPRESS
149
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-5
6835 Katella
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, Orange County Health
Department, 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. All applicable conditions of Amendment to Conditional Use Permit No. 84 -5 shall be
complied with prior to occupancy of the subject building.
• Community Development Department • Planning Division •
150
Exhibit "A"
Amendment to Conditional Use Permit No. 84 -5
Conditions of Approval
Page 2
7. 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
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.
ENGINEERING DEPARTMENT CONDITIONS
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• City wide traffic Improvements (Per Res. 4348 and current fee Resolution)
• Regional Traffic Improvement (Per Resolution No. 4400)
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD — 09)
• All applicable Building Department fees.
9. A Sanitary Sewer Connection Fee shall be paid for increased category of use, per Orange
County Sanitation District Ordinance No. OCSD — 09. Fee shall be paid to the Engineering
Division prior to issuance of permits.
BUILDING DEPARTMENT CONDITIONS
10. 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 Cypress City Code.
11. An automatic fire sprinklers system, approved by the Fire Marshal may be required.
12. Type 5 cement shall be used for all foundations and slabs on grade.
13. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
Moisture barrier.
PLANNING DEPARTMENT CONDITIONS
14. The developer /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 $500.00 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 Insured(s) with respect to all claims, actions, damages liabilities and
• Community Development Department • Planning Division •
151
Exhibit "A"
Amendment to Conditional Use Permit No. 84 -5
Conditions of Approval
Page 3
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.
15. All applicable conditions of Amendment to Conditional Use Permit No. 84 -5 shall be
complied with prior to occupancy of the subject building.
16. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
17. 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 of
properties or improvements in the vicinity.
18. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
19. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. Modifications of the loading dock and
trash compactor area shall be performed to mitigate potential noise and operational
issues to the satisfaction of the Community Development Department.
20. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
21. All roof mounted equipment such as heating and air conditions units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments, which adjoin residentially zoned areas, shall construct noise baffler an/or
deflector on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
22. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited, with the exception of the Garden Center enclosure.
23. All seasonal cargo containers shall be placed along the northeast side of the store, and
are only allowed during seasonal events and with an approved Temporary Use Permit.
24. Exterior building elevations shall be maintained in a safe appearance such that the building
are free of broken, missing or significantly cracked surface finished materials.
25. All diseased and dying landscape located along the northern (rear) perimeter of the
building shall be replaced. The replacement of trees shall be of a size and type
approved by the Community Development Director.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 84 -5
Conditions of Approval
Page 4
26. All loading, unloading and trash compactor operations shall be done during the hours of
7:00 a.m. through 6:00 p.m.
FIRE DEPARTMENT CONDITIONS
27. Prior to the issuance of a building permit, the applicant shall submit plans for any additions
or modifications to the automatic fire sprinkler system in the structure to the Fire Chief for
review and approval. Please contact the OCFA at (714) 744 -0499 to request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems."
28. Prior to the issuance of a certificate of use and occupancy, this system shall be operational in
a manner meeting the approval of the Fire Chief.
29. Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire
Chief for all fire protection access roads to thin 150 feet of all portions of the exterior of
every structure on site. Please contact the OCFA at (714) 744 -0499 or visit the OCFA
website to obtain a copy of the "Guidelines for Emergency Access." This is required to
ensure that the fire access roads are not obstructed by adding the square footage into
the existing access roadway.
Effective: 10 -28 -2002 (Revised)
• Community Development Department • Planning Division •