Resolution No. 6103 185
RESOLUTION NO. 6103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2008-02 -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 allow
a manufacturing use located at 5930 Lakeshore Drive within the PCM Planned
CommerciaVLight Industrial 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 PCM Zone in which the
site is located, which is:
Intended to facilitate innovative design of mixed use commercial and
light industrial developments on properties designated for these uses
in the General Plan, and to streamline development review of projects
proposed within an approved PCM zoning district.
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 use is conditionally permitted in the applicable
PCM Planned Commercial/Light Industrial Zone and is consistent with the
Cypress General Plan's Light Industrial land use designation.
(2) Sufficient on-site parking is provided to accommodate the
proposed indoor automotive detailing, automotive wash and automotive
storage and the associated office use.
(3) As conditioned, the proposed uses would be compatible with
surrounding commercial and light industrial uses located in the same
business park, as well as the adjacent public right-of-way use.
(4) Standard conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations.
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. 2008-02, subject to the
conditions attached hereto as Exhibit "A".
186
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 14th day of July, 2008.
A(/eU(/MAYOR OF THE CIT/OF CYPRESS
ATTEST:
'/O -b0-C- 14-kat,a-CY)
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 14th day of July, 2008, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Mills, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
rM
CITY CLERK OF THE CITY OF CYPRESS
187
EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2008-02
5930 Lakeshore Drive
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard 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 applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
7. 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.
• Community Development Department•Planning Division •
188
Exhibit "A" Page 2
Conditional Use Permit No. 2008-02
Conditions of Approval
8. 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.
9. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
COMMUNITY DEVELOPMENT CONDITIONS
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2008-02 will require an amendment to the conditional use
permit.
11. 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 business 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.
12. 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.
13. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
14. There shall be no vehicle parking and no vehicle storage on the surrounding public streets.
15. 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.
16. All vehicles shall be parked in marked parking stalls and shall not be parked on the
driveway, on the driveway entrance(s), on the street or on adjacent properties. Vehicles
parked illegally shall be subject to citation(s).
17. The parking lot shall be striped as shown on the approved site plan with a minimum of
twenty-six (26) on-site parking spaces, including handicap accessible spaces as
required by law.
• Community Development Department•Planning Division •
189
Exhibit "A" Page 3
Conditional Use Permit No. 2008-02
Conditions of Approval
18. The business hours of operation shall be limited from 9:00 a.m. to 7:30 p.m. Monday
through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Sunday operations shall be
limited to office uses only. The City Council shall maintain the right to review the business
hours of operation and may, subject to a public hearing, limit the business hours should
substantiated complaints or other evidence of violations be received that the business hours
are creating an adverse impact upon neighboring properties.
19. All vehicles left overnight at the business for detailing shall be parked in the enclosed
parking spaces. No outdoor overnight parking shall be permitted under any circumstances.
Mechanical ventilation systems shall be provided when vehicles are to be stored inside a
building (pursuant to Uniform Building Code requirements).
20. Should substantiated complaints be received or other evidence of violations be found, this
conditional use permit may be modified and/or revoked, subject to a public hearing.
21. There shall be no vehicle carriers allowed to deliver vehicles to the subject site.
BUILDING CONDITIONS
22. 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.
23. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
24. Construction bins for non-recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of the public
right-of-way unless a permit is obtained from the Public Works Department.
STORMWATER QUALITY
25. All washing and detailing of vehicles shall be performed inside of the building at all times.
Washing or detailing of vehicles outside of the building shall not be permitted.
26. An interior drain that is connected to the sanitary sewer system shall be installed for the
collection of all water used to wash vehicles.
27. Entry of vehicle access doors shall also have a small berm installed to prevent water from
flowing from the interior of the building.
28. Runoff of wash water from the interior of the building and flowing into the municipal storm
drain system shall be considered as an illegal discharge under the City's Water Quality
Ordinance and can result in the issuance of a notice of non-compliance or in the issuance of
• Community Development Department•Planning Division •
190
Exhibit"A" Page 4
Conditional Use Permit No. 2008-02
Conditions of Approval
an administrative citation which includes severe fines.
29. A spill kit shall be stored inside the facility at all times, and spill materials shall be replaced
on a regular basis to ensure its effectiveness.
30. Vacuuming of vehicles shall be performed inside of the building at all times. All debris
collected shall be disposed in a solid waste container.
31. The interior and exterior areas of the building shall be swept on a regular basis by business
employees. All debris or litter collected shall be properly disposed in a solid waste
container.
32. The business shall be subject to regular inspections under the City's NPDES
Commercial/Industrial Water Quality Inspection Program without advance notice.
Effective: 7-14-2008
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•Community Development Department•Planning Division •