Resolution No. 4357RESOLUTION NO. 4357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -12 - 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 allow the
temporary use of a construction office trailer, multiple storage containers, and the relocation of
the Garden Center during construction of the Target Store addition located at 6835 (A.K.A.
6843) Katella Avenue, within the PC -1 Planned Community Business Park Zone No. 1.
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 to encourage the establishment of compatible industries in areas
where it is deemed desirable to provide for limited manufacturing facilities
and to establish standards of design and type of use which will enhance
the area, be in harmony with the objectives of the General Plan and
minimize detrimental effects to the public health, safety and welfare; to
designate an area for modern industrial and research developments and
commercial uses that can meet high performance and development
standards, while benefiting the community through growth, prosperity and
providing an increasing supply of citizen employment and services; and
to allow diversification of specified land uses as they relate to each other
in a physical and environmental arrangement, while ensuring substantial
compliance with the overall goals of the City as identified in the various
elements of the 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 temporary construction facilities have been conditioned
whereby if complaints of noise are made to the Planning Department, these will
be forwarded to the City Council, which, at it's discretion, may modify or
terminate the conditional use permit.
(2) Potential noise problems are being mitigated by restricting access
to the storage containers to between the hours of 7 a.m. to 8 p.m.
(3) Permission for the placement and use of the temporary construction
facilities expires ten (10) days after the issuance of the Certificate of Occupancy
for the Target stock room building addition. Therefore, this project will have not
long -term impacts on the Cypress Center shopping center or surrounding
properties.
(4) The temporary construction facilities are strategically placed in
locations which do not preclude adequate vehicle circulation and parking for the
shopping center uses.
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(5) The proposed temporary construction facilities are similar to and
no more detrimental than existing permitted or conditional uses in the Planned
Community Business Park Zone No. 1.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and the Cypress City Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 94 -12, 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 22nd day of August , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
a: CITY CLE OF THE' CITY 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 22nd day of August , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLE OF THE ITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -12
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
2. All applicable conditions of Conditional Use Permit No. 84 -5, as amended, and
Conditional Use Permit No. 94 -12 shall be complied with prior to occupancy of the
approved building addition.
3. Any expansion or modification of the approved temporary uses beyond what is approved
as part of Conditional Use Permit No. 94 -12, will require an amendment to the
conditional use permit.
4. The City Council shall maintain the right to review Conditional Use Permit No. 94 -12,
subject to a public hearing, should substantiated complaints be received that temporary
uses are creating an adverse impact upon neighboring properties.
5. This conditional use permit may be modified or revoked by the City Council, subject to
a public hearing, 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.
6. The location of the construction storage containers shall be restricted to the western
perimeter parking area next to the Target stock room addition, and up against the north
(rear) wall of the Target Store building.
7. The total number of storage containers located onsite at one time shall be limited to
twenty -eight (28).
8. The temporary uses shall not displace more than a combined total of 55 parking spaces.
9. Access to the storage containers shall be limited to between the hours of 7 a.m. to 8 p.m.
in compliance with the Cypress Noise Ordinance.
• Community Development Department • Planning Division •
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Exhibit "N'
Conditional Use Permit No. 94 -12
Conditions of Approval
Page 2
10. The cargo storage containers shall be removed as they are emptied of materials. The
applicant shall remove the storage containers closest to the adjoining residential properties
first.
11. The temporary facilities shall be removed within ten (10) days of issuance of the
Certificate of Occupancy for the Target Store stock room building addition.
12. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 753.5, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
Regulations. If, within such forty -eight (48) hour period, the applicant/developer has not
delivered to the Planning Department the check required above, the approval for the
project granted herein shall be void.
BUILDING CONDITIONS
13. 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.
FIRE CONDITIONS
14. The temporary structures /uses shall not block fire hydrants or doors into the building.
OPTIONAL CONDITIONS
15. The property owner shall maintain the parking lot security lighting in working order,
including but not limited to the replacement of light bulbs.
16. The property owner shall properly maintain the perimeter trees located along the northern
property line, including but not limited to replacement of dead trees.
Effective 8/22/94
• Community Development Department • Planning Division •