Resolution No. 5220RESOLUTION NO. 5220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2000 -01 - 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 35.77 of the Zoning Ordinance of the City of Cypress to establish a martial
arts studio located at 10602 Walker Street, 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. At the public hearing held at the March 13, 2000 City
Council meeting, 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 and continued the item to the March 27, 2000, City Council meeting.
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 BP 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 use is consistent with the goals, policies, and objectives of
the City of Cypress General Plan, as updated in 1993.
c. The proposed location of the project 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 martial arts studio is consistent with the list of
conditionally permitted uses within the BP Business Park Zone.
(2) The proposed martial arts studio is consistent with surrounding
industrial business park uses.
(3) Sufficient access and parking for the use will be provided onsite
and on the public streets surrounding the subject site.
d. The proposed martial arts studio, as conditioned, 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. 2000 -01, 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 27th day of March , 2000.
ATTEST:
11
al CLERK OF E CIT ' OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1
MAYOR OF THE CITY ORCYPRESS
I, LILLIAN M. HAINA, 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 March , 2000, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
2
LA
4 7 o EXHIBIT "A"
Conditional Use Permit No. 2000 -01
10602 Walker Street
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 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. 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. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. All applicable conditions of Conditional Use Permit No. 2000 -01 shall be complied with
prior to commencement of the business.
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 Thirty -Eight Dollars ($38.00) 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 2000 -01
Conditions of Approval
PLANNING CONDITIONS
Page 2
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2000 -01 will require an amendment to the conditional use
permit.
9. The hours of operation for the business shall be limited Monday through Friday from
5:30 p.m. to 9:30 p.m. and on weekends from 8:00 a.m. to 6:00 p.m.
10. Class sizes shall be limited to no more than forty (40) students at any one time. A
thirty (30) minute gap between classes shall be required to allow students from the
first class sufficient time to leave the site.
11. Special demonstrations and /or tournaments shall be limited to Sundays only, not to
exceed fifty (50) occupants, and no more than one (1) event per calendar quarter.
12. The parking lot area shall be striped to accurately reflect the number of parking
spaces shown on the site plan.
13. 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. Future restrictions on hours of operation
and /or class size may be required by the City Council should substantiated complaints
be received that the use is impacting other uses in the vicinity.
14. Adequate lighting shall be provided to the satisfaction of the Community Development
Director for exterior and parking lot areas. Onsite security lighting shall be arranged so that
direct rays will not shine on adjacent properties or produce glare for street traffic.
BUILDING CONDITIONS
15. 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.
16. An automatic fire sprinklers system, approve by the Fire Marshall, may be required.
17. The applicant shall comply with all applicable Orange County Fire Authority requirements.
Effective 3/27/00
• Community Development Department • Planning Division •