Resolution No. 4474 RESOLUTION NO. 4474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95-6 - 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 request an
approval of the existing automotive repair business and include emergency tow truck service to
the existing Crew Tire Business located at 6182 Lincoln Avenue in the Commercial Heavy 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:
Commercial Heavy Zone
Intended to provide appropriately located areas for establishments catering
primarily to highway travelers, visitors of the city or such businesses or
uses where direct access to major arterial highways is essential or
desirable for their operation.
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 operation of an automotive repair business and inclusion of an
emergency tow service are permitted uses within the Commercial Heavy Zone.
(2) The upgrade in occupancy will ensure the existing structure
complies with Building Department criteria per use.
(3) The conditions under which this use will operate ensure the
elimination of illegal storage activity thus improving the appearance of the site.
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. 95-6, 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 24th day of April , 1995.
•
AYOR OF THE CITY OF CPRESS
- 1 -
309
ATTEST:
41-il?Mr/0CITY CLERK OOF 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 24th day of April , 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
CI /49Cite56
Y CLERK F THJZCITY OF CYPRESS
- 2 -
41 - .. t �
310
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 95-6
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. All product and material storage shall occur within the building. Exterior storage not
listed as part of this conditional use permit is specifically prohibited.
2. No vehicles other than six (6) tow trucks, employees' personal vehicles and customer
vehicles limited to a twenty-four (24) hour period, awaiting service or transport shall be
allowed to be parked in the rear "secured parking" area of Crew Tire at any time.
3. The applicant may maintain the existing six (6) foot block wall surrounding south and
east property lines. The existing chain link fence at the west portion of the site if
maintained, shall be improved and/or replaced for security purposes so that a vehicle
may not be driven through it.
4. Emergency Tow Trucks shall only be permitted to be parked in the secured parking area
located at the rear portion of the site. Parking in the front portion of the site is strictly
prohibited.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation for the tire service, automotive repair and emergency tow service.
6. 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.
7. The City Council shall maintain the right to review Crew Tire's 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.
8. Should the storage of hazardous material be required in conjunction with the automotive
repair business the applicant shall obtain all required permits.
9. This property is not authorized as a storage, impound, or vehicle sales yard.
10. Parking for the handicapped shall be installed pursuant to State and Federal requirements.
11. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95-6 will require an amendment to the conditional use
permit.
Community Development Department • Planning Division
Exhibit "A" Page 2
Conditional Use Permit No. 95-6
Conditions of Approval
12. 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.
13. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
14. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
15. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
16. The applicant/developer shall provide an adequate number of trash/waste enclosures
onsite and at a location acceptable to City staff. [NOTE: Trash/waste enclosures shall
be maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into
the public right-of-way), is prohibited unless formal approval is granted by the City
Engineer and an Encroachment Permit issued.]
17. 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 Thirty-eight Dollars ($38.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 711.4, 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.
18. 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.
Community Development Department • Planning Division
312
Exhibit "A" Page 3
Conditional Use Permit No. 95-6
Conditions of Approval
19. Conditional Use Permit No. 95-6 shall lapse and become void one (1) year following the
date on which it became effective unless prior to expiration a business license is issued,
conditions of approval are satisfied, and the business commences operation.
BUILDING CONDITIONS
20. 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.
21. Type 5 cement shall be used for all foundations and slabs on grade.
22. If the 11-4 occupancy area is over 3,000 square feet, an automatic fire sprinkler system
shall be required per UBC Section 3802 (f) 2.
23. Area separation walls shall be in compliance with UBC Chapter 5.
24. Ventilation of repair garage shall be in compliance with UBC Section 905 (c).
25. If the repair work exceeds the definition of a B-1 occupancy per table 5-A of the 1991
UBC, which reads: "Repair garages where work is limited to exchange of parts and
maintenance requiring no open flame, welding, or use of Class I, II or III-A-liquids,
motor vehicle fuel-dispensing stations and parking garages not classified as Group B,
Division 3 open parking garages or Group M, Division I private garages" it would
require the commencement of the review and approval process by the Building Official
for the change of occupancy or use designation.
FIRE CONDITIONS
26. 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
for the automotive repair "H" occupancy. Required for H-4 over 3,000 per Uniform
Fire Code 10.507 (t).
27. 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.
28. The following notes shall be provided on the site plan:
Community Development Department • Planning Division
LI47L ALL-n.-L( 313
Exhibit "A" Page 4
Conditional Use Permit No. 95-6
Conditions of Approval
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821-7850.
B. Locations and classifications of extinguishers 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.
POLICE CONDITIONS
29. All emergency exits to the building will have locking hardware designed to be locked
from the exterior and unlocked from the interior.
30. Lighting shall be provided to the rear "secured parking" area during the hours of
darkness, such that all doorways located to the rear of the building are visible from 50
feet (50') away.
Revised 4/25/95
Community Development Department • Planning Division