Resolution No. 5346490
RESOLUTION NO. 5346
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2000 -20 - 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
an indoor baseball training facility located at 9937 Walker Street within the CG- 10,000
Commercial General 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 CG- 10,000 Commercial
General Zone in which the site is located, which is:
Intended as area for retail, commercial, service, and entertainment uses.
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 indoor baseball training facility is a recreational use
that is compatible with the existing uses within the shopping center.
(2) The project has been conditioned to mitigate potential impacts
relating to noise and vibration generated from the facility.
(3) The proposed indoor baseball training facility will not significantly
impact traffic patterns or increase traffic on surrounding streets.
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. 2000 -20, 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 22' day of January, 2001.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
111 ! 1
TY CLERK OF T CITY OF CYPRESS
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 22nd day of January, 2001, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Sondhi
(Due to a potential conflict under the Political Reform Act, Mayor Pro Tem Sondhi did
not participate in the consideration or action on this Resolution).
�t.6),
Y CLE_RK OF CITY OF CYPRESS
491
492
EXHIBIT "A"
Conditional Use Permit No. 2000 -20
9937 Walker Street
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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 the
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.
• Community Development Department • Planning Division •
493
Exhibit "A"
Conditional Use Permit No. 2000 -20
Conditions of Approval
Page 2
6. The applicant shall obtain a Cypress business license prior to commencement of business
operation.
7. All applicable conditions of Conditional Use Permit No. 2000 -20 shall be complied with
prior to occupancy of the subject building.
8. 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. All training equipment, batting and fielding cages, and instruction
and training activities shall be located or occur indoors. Fielding and batting outside
of the facility will be strictly prohibited. The business owner /operator shall take the
appropriate measures (ie. install signage posting rules) to ensure that customers will
not practice outside of the premises in parking lot and sidewalk areas.
9. 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.
10. 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.
11. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• All applicable Building Division fees.
COMMUNITY DEVELOPMENT CONDITIONS
12. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2000 -20 will require an amendment to the conditional use
permit.
13. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
14. 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.
• Community Development Department • Planning Division •
494
Exhibit "A"
Conditional Use Permit No. 2000 -20
Conditions of Approval
Page 3
15. All roof - mounted equipment, such as heating and air conditioning 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 bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff
16. The applicant shall take the appropriate measures, which may include the installation
of insulation, padding and/or sound - absorbing materials, to dampen noise and reduce
vibration generated from the activities and equipment within facility to a level
consistent with the Noise Standards of Sections 13.68 and 13.69 of the Cypress City
Code should noise and vibration become a problem for surrounding uses.
17. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
18. Outside public address speakers, telephone bells, buzzers and similar devices that are
audible on adjoining properties are hereby prohibited.
19. The City Council shall maintain the right to review the 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. The
business hours shall be limited between the hours of 8:00 a.m. and 10:00 p.m. seven
days a week.
20. Deliveries through the exterior door to the storage room at the rear (west wall) shall be
limited between the hours 7:00 a.m. to 5:00 p.m., Monday through Friday, only. Late
night or early morning deliveries shall be specifically prohibited.
21. All customer access to the facility shall be through the front (east) entry doors. The
access door to the business premises facing the alleyway and adjoining single - family
residences shall remain closed during all hours of business operation. Said door shall be
designated and used for emergency exit purposes only.
22. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
23. Grading and exterior building construction activities shall be limited to the hours of between
7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m. on
Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 2000 -20
Conditions of Approval
495
BUILDING CONDITIONS
Page 4
24. 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.
Revised 1 -23 -2001
• Community Development Department • Planning Division •