Resolution No. 6557281
RESOLUTION NO. 6557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3062
- 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
operate a body art/ tattoo shop within an existing retail lease space located at 4143 Ball
Road within the CG 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 Commercial General
Zone in which the site is located, which is:
Intended to serve the daily shopping needs of the community,
including shopping centers which may be anchored by large -scale
retail outlets, entertainment uses, hotels, and restaurants. The CG
zoning district is consistent with the General Neighborhood
Commercial land use designation of the Cypress General Plan.
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 body art/tattoo shop is conditionally permitted in the CG
Commercial General Zone and would be compatible with the existing uses
within the shopping center.
(2) Specific conditions of approval have been imposed to ensure
compliance with the Cypress City Code, and other applicable regulations.
(3) As conditioned, the proposed use would not result in any noise
impacts on surrounding uses.
(4) The proposed use would not significantly increase traffic on
the surrounding streets.
(5) The subject site contains a sufficient number of parking
spaces to accommodate both the proposed and existing uses located within
the existing shopping center.
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. 3062, subject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
282
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 25th day of April, 2016.
MAYOR OF THE CI OF CYPRESS
ATTEST:
Loot—
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 25th day of April, 2016, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat, and Morales
NOES: 1 COUNCIL MEMBERS: Yarc
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
283
EXHIBIT "A"
Conditional Use Permit No. 3062
4143 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 sm. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
284
Exhibit "A"
Conditional Use Permit No. 3062
Conditions of Approval
Page 2
1.7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to occupancy of the
subject lease space. (Planning)
1.9. 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. (Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.3. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.4. Outdoor seating in front of the business is prohibited. (Planning)
2.5. 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. (Planning)
2.6. The owner or operator of the body art/tattoo shop shall comply with all provisions of the
Safe Body Art Act contained in Sections 119300- 119328 of the Health and Safety Code.
(Planning)
3. Architectural N/A
4. Signage
4.1. The applicant shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping N/A
• Community Development Department • Planning Division •
285
Exhibit "A"
Conditional Use Permit No. 3062
Conditions of Approval
6. Operational
Page 3
6.1. The hours of operation shall be limited to 12:00 noon to 8:00 p.m. Tuesday through
Thursday, and from 12:00 noon to 10:00 p.m. on Friday and Saturday. The establishment
will be closed on Sunday and Monday. (Planning)
6.2. The rear access door of the business shall remain closed during all hours of business
operation. Said door shall be designated and used for emergency exit purposes only.
(Planning)
6.3. No one under the age of 18 years old shall be allowed inside the business. (Planning)
6.4. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.5. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.6. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
7. Property Maintenance
7.1. 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. (Planning)
7.2. The business owner shall maintain the publically accessible interior and publically
viewable exterior of the lease space clear of all graffiti. All graffiti shall be removed within
24 to 48 hours once notified in writing by the City. (Planning)
8. Fees
8.1. 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. (Planning)
9. Engineering N/A
• Community Development Department • Planning Division •
286
Exhibit "A"
Conditional Use Permit No. 3062
Conditions of Approval
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety
Page 4
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
21. Security
21.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one (1) footcandle of light. All exterior bulbs shall be protected by weather
and vandalism resistant cover(s). (Police Department)
21.2. A list of services available and the time and costs of such services shall be posted in an
open, public place on the premises and shall be described in readily understandable
language and all letters and numbers shall be capitals of not less than one -half inch in
height. (Police Department)No services shall be performed and no sums shall be
charged for such services other than those posted. (Police Department)
21.3. No person shall enter, be in or remain in any part of the establishment while in
possession of, consuming, or using any alcoholic beverage or narcotics except pursuant
to a prescription for such narcotics. The owner, operator, responsible managing
employee or manager shall not permit any such person to enter or remain upon the
premises. (Police Department)
• Community Development Department • Planning Division •
287
Exhibit "A"
Conditional Use Permit No. 3062
Conditions of Approval
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 4 -25 -2016
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 5
• Community Development Department • Planning Division •