Resolution No. 4524RESOLUTION NO. 4524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -13 - 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 17.2 of the Zoning Ordinance of the City of Cypress to construct an indoor
swimming pool to accommodate lessons in the use of scuba equipment located at 6021 Orange
Avenue in the CG -10000 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 zone in which the site is
located is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 location of the conditional use is in accord with the
objectives of this ordinance and the purpose of the zone in which the site is
located in that the swimming facility is in conjunction with the retail outlet of
similar nature.
(2) The location of the conditional use permit complies with the City of
Cypress Zoning Ordinance regulating the types of uses within each zoning
district.
(3) The conditional use complies with the intent of the General Plan and
the Zoning Code.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95 -13, 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 August , 1995.
[•f
M OF THE CITY OF C ' RESS
1
ATTEST:
4CIT LC ERK OF THIRTY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 August , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
6 iry,yfeKijie"
CITY CLERK OF THE✓6ITY OF CYPRESS
498
EXHIBIT "A"
APPLICATION: Conditional Use Permit No. 9543
ADDRESS: 6021 Orange Avenue
CONDITIONS OF APPROVAL
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 semc . - 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 developers 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. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit 95 -13 shall be complied with prior
to occupancy of the subject building.
6. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
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
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -13
Conditions of Approval
Page 2
in the amount of Twenty -five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Exemption. 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.
8. Should substantiated complaints be received that the parking demand for the Scuba Toys
facility is precluding access to other businesses within the shopping center, Conditional
Use Permit No. 95 -13, for the indoor swimming facility shall be brought before City
Council for a public hearing to review and possibly revise or revoke said permit.
Possible revisions to the conditional use permit shall include, but not be limited to,
restricted hours of operation and /or restricted days of operation.
9. All existing landscaping in the center shall be maintained in a neat and orderly manner.
Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
10. 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. All sign cans
shall be removed for stores that are no longer in operation. All provisions of the City
Sign Code Section 15, shall apply.
11. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
12. ALL exterior doors will be locked from the exterior and unlocked from the interior.
13. It is recommended that all exterior entrances to the building be equipped with an
approved alarm system.
14. Applicant shall provide the police department with a list of three (3) persons who could
be contacted in case of an emergency. This list would include name, home address,
home phone number, and pager number if applicable.
15. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
16. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
17. Prior to the issuance of any building permits, the applicant /contractor shall contact the
Orange County fire Department Hazardous Materials Disclosure Office at (714) 744 -0463
• Community Development Department • Planning Division •
500
Exhibit "A"
Conditional Use Permit No. 95 -13
Conditions of Approval
Page 3
to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet".
This shall be completed and submitted to the Fire Chief before the issuance of any
building permits, if the existing amount of hazardous material has changed or increased
or hazardous material disclosure has not been provided.
18. Prior to the issuance of any grading permits, the applicant /contractor shall submit to the
Fire Chief a list of the quantities of all hazardous, flammable and combustible materials,
liquids or gases. These liquid and materials are to be classified according the "Orange
County Fire Department Chemical Classification Handout." Provide a summary sheet
listing each hazard class, the total quantity of chemicals stored per class and the total
quantity of chemicals used in that class. All forms of materials are to be converted to
units of measure in pounds, gallons and cubic feet. Compressed gases and compressed
liquified gases are to be converted to cubic feet, if the existing amount has changed or
increased or if chemical classification package has not been provided.
19. Any and all chemicals used for the pool shall be properly stored.
20. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
21. Prior to issuance of building permits, the applicant /contractor shall provide architectural
plans with additional information regarding exiting from the business. Information
should include; exit signs, doors, width (including aisles), hardware, etc.
Effective 08/28/95
• Community Development Department • Planning Division •