Resolution No. 6005367
RESOLUTION NO. 6005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-14 - 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 4.19.070.I of the Zoning Ordinance of the City of Cypress to allow an automotive rental
office with vehicles onsite located at 5032 Lincoln Avenue within the PC Planned Community Zone of
the Lincoln Avenue Specific Plan.
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 PC Planned Community Zone in which the site is
located, which is:
Intended to permit low- scale, local community- oriented shopping centers with
limited retail businesses and office facilities. .
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:
c. The proposed conditional use will comply with each of the applicable provisions of
the Lincoln Avenue Specific Plan and the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Amendment to Conditional Use Permit No. 76 -14, 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 12th day of March, 2007.
ATTEST:
130)94,a.ri
CITY CLERK OF TIM CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR 0 THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CER'ITI Y that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 12th day
of March, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
f3CUJAA,V1/1
CITY CLERK OF THE CITY OF CYPRESS
368
EXHIBIT "A"
Amendment to Conditional Use Permit No. 76 -14
5032 Lincoln Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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 seq. - 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.
2. 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.
3. All applicable conditions of Amendment to Conditional Use Permit No. 76 -14 shall be
complied with prior to this permit becoming effective.
4. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 4.19.040 of the Cypress Zoning Ordinance.
5. 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 Certificate of Exemption in accordance with the Notice of Determination
pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14,
section 753.3. 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.
• Community Development Department • Planning Division •
369
Exhibit "A"
Amendment to Conditional Use Permit No 76 -14
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 76 -14 and the approved Amendment to Conditional Use Permit
No. 76 -14 will require an additional amendment to the conditional use permit.
7. The placement, use, and keeping of temporary signs and banners shall be subsequent to the
issuance of a Temporary Use Permit (TUP) from the Community Development Department.
8. All signage shall be per the Lincoln Avenue Specific Plan and the Cypress Zoning
Ordinance and shall be approved by the Community Development Department and Building
Department.
9. Window signs, including permanent and temporary, shall not cover more than 25 percent of
the area of one window.
10. All temporary signs, including portable signs, shall be per Cypress Zoning Ordinance
Section 3.15.110 (F).
11. All un- permitted signs shall be removed and/or brought up to compliance.
12. There shall be no vehicle parking on the entrance driveway of the subject site. All vehicles
shall be parked on designated striped parking areas. There shall be no more than six (6)
spaces assigned to this tenant, whether employee or rental car.
13. 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.
14. Parking lot 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.
15. 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.
16. Office buildings and uses adjacent to residential areas shall not be permitted to conduct
business or hold office hours before 7 a.m. or after 9 p.m. daily.
17. All repair, servicing, and painting 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, servicing, or painting activities shall be permitted
under any circumstances.
• Community Development Department • Planning Division •
370
Exhibit "A"
Amendment to Conditional Use Permit No 76 -14
Conditions of Approval
Page 3
18. Grading and exterior building construction activities shall be limited to the hours of between
7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m. on
Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff.
19. 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.
20. This conditional use permit may be modified or revoked by the City Council should the City
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 property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted use are to be stored solely in designated trash
enclosures.
BUILDING CONDITIONS
22. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Cypress City Code.
STORMWATER CONDITIONS
23. No automotive repair or other type of car maintenance shall be permitted for the proposed
use.
24. No vehicle washing shall be permitted for any vehicle onsite.
Effective: 3 -12 -2007
• Community Development Department • Planning Division •