Resolution No. 6186 201
RESOLUTION NO. 6186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-03 -
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 re-
establish a gasoline service station on the property located at 6001 Orange Avenue 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 as an area to serve the daily shopping needs of the
community, including larger, community-scale shopping centers and
regional malls, which may be anchored by several department stores
or other large-scale retail outlets.
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 development would comply with the
development standards of the CG Commercial General Zone.
(2) The proposed site design would provide adequate vehicle
access, circulation, and onsite parking.
(3) The subject property is surrounded by properties zoned for
commercial and multi-family residential uses and the proposed service
station use, as conditioned, would be compatible with the existing uses on
those properties.
(4) The proposed project, as conditioned, would not create a
significant adverse impact on the environment.
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. 2010-03, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of City of Cypress at a regular
meeting held on the 24th day of May, 2010.
1\ith/VVI I
MAYOR OF THE CITY OF CYPRESS
•
202
ATTEST:
•
P/I,CIDU 00004,4J11
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 24th day of May, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
{o-oU AaAr
CITY CLERK OF THE CITY OF CYPRESS
203
EXHIBIT "A"
Conditional Use Permit No.2010-03
6001 Orange Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS '
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.
2. 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 sec. - 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.
3. 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
6. All requirements of the Orange County Fire Authority shall be complied with prior to
commencement of the business operation.
• Community Development Department•Planning Division •
204
Exhibit "A" Page 2
Conditional Use Permit No. 2010-03
Conditions of Approval
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
8. All applicable conditions of Conditional Use Permit No. 2010-03 shall be complied with
prior to occupancy of the subject building.
9. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning
Ordinance.
10. 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.
ENGINEERING CONDITIONS
11. All requirements of the State Subdivision Map Act and the City Subdivision Ordinance shall
be satisfied. A title report shall be submitted to verify location of the north property line of
the development site.
12. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act(ADA)and State of California Title 24.
13. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
14. Orange Avenue and Valley View Street shall be fully improved with ADA compliant drive
approaches.
15. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with adjacent streets. No landscaping in excess of
three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance
also shall be maintained within the development at all driveway intersections to the
satisfaction of the City Engineer.
16. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
of the Cypress Municipal Code. The number of trees shall be determined by dividing the
frontage of property, including driveways, by 40 and rounding up. Trees shall be evenly
• Community Development Department •Planning Division •
205
Exhibit "A" Page 3
Conditional Use Permit No. 2010-03
Conditions of Approval
spaced with a minimum 50 feet from street tree to street comer curb line. Type of trees shall
conform to the City's Street Tree Master Plan. With prior approval of City Engineer, street
trees may be replaced by trees planted in conjunction with an approved on-site landscape
plan. Landscaping in Public Right-of-Way shall be installed and maintained by the
developer.
17. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution
No. 6118, except as otherwise noted below):
• Public Improvement Permit and Inspection.
STORMWATER CONDITION
18. Prior to commencement of the business operation, the applicant shall construct a solid
cover over the existing trash enclosure. In addition, a new floor drain, connected directly
to the onsite sewer system, shall be installed within the enclosure, and shall only collect
flows from within said enclosure.
COMMUNITY DEVELOPMENT CONDITIONS
19. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2010-03 will require an amendment to the conditional use
permit.
20. 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.
21. The developer shall provide a covered trash enclosure onsite which shall be maintained in a
clean and orderly condition at all times. Bin rental shall be contracted through Consolidated
Disposal Services.
22. All required landscaping onsite shall be permanently maintained in a neat and orderly
condition. Prior to the replacement of any onsite landscaping, a detailed landscape plan,
along with the landscape plan review fee, shall be submitted to the Cypress Planning
Division for review and approval.
23. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
24. All walls, fences and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance.
• Community Development Department•Planning Division •
206
Exhibit "A" Page 4
Conditional Use Permit No. 2010-03
Conditions of Approval
25. All paved surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas.
26. 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.
27. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken,missing or significantly cracked surface finished materials.
28. The City Council shall maintain the right to review the 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.
29. The automotive repair portion of the business shall comply with all applicable
provisions of Section 3.17.230 of the Cypress Zoning Ordinance relating to vehicle
repair uses.
30. Hours of operation for the automotive repair use shall be limited to the hours between
7:00 a.m. and 9:00 p.m. Monday through Friday and between 9:00 a.m. and 9:00 p.m.
on Saturdays. No automotive repair activities shall occur on Sundays.
31. All vehicles left overnight at the business for servicing shall be parked in a fully
enclosed building. Overnight parking of vehicles on the site is prohibited.
32. All repair and servicing activities shall be conducted within an enclosed structure. For
the purposes of this section, a garage with service bays open on one side shall be
considered an enclosed structure, provided that the garage door can be closed at the
end of the business day. No outdoor repair or servicing of vehicles shall be permitted
under any circumstances.
33. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
34. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
• Community Development Department •Planning Division •
•
207
Exhibit "A" Page 5
Conditional Use Permit No. 2010-03
Conditions of Approval
BUILDING CONDITION'
35. Applicant/developer shall obtain the required permits and comply with applicable provisions
• of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the city of Cypress.
FIRE AUTHORITY CONDITION
36. Prior to commencement of the business operations, the applicant shall comply with all
applicable requirements of the Orange County Fire Authority.
37. Prior to the issuance of a building permit or installation of any aboveground or
underground tanks, plans shall be submitted to the Fire Chief for review and approval.
POLICE CONDITIONS
38. The property address shall be clearly identified on both sides of the building and/or pump
island canopies. A minimum of six-inch (6") lettering shall be used for the property
address.
Effective: 5-24-2010
•Community Development Department •Planning Division •