Resolution No. 4459 259
RESOLUTION NO. 4459
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95-1 - 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 establish an
automotive repair business located at 4552 Lincoln Avenue in the Commercial Heavy/Lincoln
Avenue Combining zone and the Lincoln Avenue Redevelopment Project Area.
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:
Commercial Heavy
The commercial heavy zone is intended to provide appropriately located
areas for establishments catering primarily to highway travelers, visitors
to the city or such business or uses where direct access to major arterial
highways is essential or desirable for their operation.
Lincoln Avenue Combining Zone
Lincoln Avenue Combining zone is intended to promote a revitalization
of the Commercial areas on Lincoln Avenue and thereby enhance the
economic base of the City. To improve the image of the City by
providing an aesthetically pleasing environment along Lincoln Avenue.
To expand opportunities for the development of identified deep lots by
providing a means for the establishment of a variety of urban uses in
conjunction with commercial projects.
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 Conditional Use Permit No. 95-1, an
Automotive Repair Business, is in accord with the objectives of the zone in which
the site is located because conditions have been imposed to mitigate potential
noise impacts, safety impacts, and aesthetic impacts.
(2) The establishment of an Automotive Repair Business and the
conditions under which it would be operated or maintained will not be detrimental
to the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity since the project will not create any adverse impacts
to surrounding uses, or the area as a whole.
(3) The proposed Automotive Repair Business complies with the City
of Cypress General Plan Land Use criteria in that the consideration of an
automotive repair business is a conditionally permitted use in the Commercial
Heavy Zone.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
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260
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95-1, 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 13th day of March , 1995.
,/z; X '4Z
AYOR OF THE CITY OF C??YPRESS
ATTEST:
CITY CLEF OF THE CI 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 13th day of March , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry,
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
47•4
CITY CLE OFT CITY OF CYPRESS
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L/ycq -,*. f ? 261..
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 95-1
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. 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.
2. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
3. All applicable conditions of Conditional Use Permit No. 95-1 shall be complied with
prior to occupancy of the subject building.
4. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95-1 will require an amendment to the conditional use
permit.
5. All business activity shall occur within the building.
6. 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. Section 17.2-12. Suspension and
revocation.
"Upon violation of any applicable provision of this ordinance, or, if granted
subject to conditions, upon failure to comply with conditions, a conditional use
permit shall be suspended automatically. The planning agency shall hold a public
hearing within forty (40) days, in accordance with the procedure prescribed in
Section 17.4, "Public Hearing," and if not satisfied that the regulation, general
provision, or condition is being complied with, may revoke the conditional use
permit or take such action as may be necessary to ensure compliance with the
regulation, general provisions, or condition."
7. Existing onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
8. No outdoor storage of any material, including vehicles or vehicle parts shall be
permitted.
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Exhibit "A" Page 2
Conditional Use Permit No. 95-1
Conditions of Approval
9. Pursuant to Section 10.2 Property development standards: Commercial Zones; the
existing six (6) foot block wall shall be increased to a height of eight (8) feet along the
south property line measured from the highest adjacent grade and additional screen
landscaping shall be installed and maintained within the nine (9') foot wide landscaped
area along the south property line.
10. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least sixty (60) days prior to issuance of a
Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
11. 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 DEPARTMENT
12. 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.
13. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
14. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and/or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
15. Prior to occupancy, the building shall be upgraded to comply with the Uniform Building
Code which states that removal and replacement of engines constitutes an H-4 occupancy.
Minimum 1 hour fire resistive construction is required for occupancies between B-2 and
16. Comply with 1991 Uniform Fire Code.
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263
Exhibit "A" Page 3
Conditional Use Permit No. 95-1
Conditions of Approval
FIRE DEPARTMENT
17. Prior to the issuance of any building permits, plans for the automatic fire sprinkler
system shall be submitted to and approved by the Fire Chief prior to installation. This
system shall be operational prior to the issuance of a Certificate of Use and Occupancy.
Required as per system 10.507 (f) of the Uniform Fire Code.
18. Prior to the issuance of any building permits, contact the Orange County Fire Department
Hazardous Materials Disclosure Office at (714) 744-0463 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.
19. 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) 821-7850.
B. Locations and classifications of extinguisher to be determined by the fire
inspector.
C. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
D. Building(s) not approved for high piled combustible storage. Materials in closely
packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and
6 feet for tires, plastics and some flammable liquids if high stock piling, comply
with UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Department prior to installation.
F. Separation between mixed occupancies shall comply with Table 5-B in the
California Building Code.
POLICE DEPARTMENT
20. All emergency exits shall be equipped with locking hardware that is locked from the
exterior and unlocked from the interior.
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Exhibit "A" Page 4
Conditional Use Permit No. 95-1
Conditions of Approval
21. Repair vehicles shall not be parked or stored outside the building whenever the business
is closed.
22. Each door entrance shall be installed with exterior lighting.
23. Hours of operation shall be limited from 9 a.m. to 6 p.m., Monday through Friday and
from 9 a.m to 2 p.m. on Saturdays. No work shall occur on Sundays.
24. Should substantiated complaints be received (noise, etc.) this condtional use permit may
be modified and/or revoked, subject to a public hearing.
25. Council has directed staff to determine the applicability of the required eight foot (8')
wall, and return to City Council with a report of the findings.
26. 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.
Revised 3/15/95
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