Resolution No. 5860239
RESOLUTION NO. 5860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-13 - 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 the
operation of an oil change and lube business within an existing automotive service building located
at 5971 Ball Road 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 appropriate to serve the daily shopping and service needs
of the community, including retail outlets, service uses, entertainment uses,
hotels, and restaurants.
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) Motor vehicle repair and maintenance service uses are permitted in
the CG Zone, subject to City Council approval of a Conditional Use Permit.
(2) The proposed motor vehicle repair /service use would provide
adequate parking and vehicle circulation in compliance with Section 14 of the
Cypress Zoning Ordinance.
(3) As conditioned, the proposed minor vehicle repair /service facility
would comply with all applicable special use standards for vehicle repair uses, as set
forth in Section 3.17.230 of the Cypress Zoning Ordinance.
(4) As conditioned, the proposed minor vehicle repair /service facility
would be compatible with the surrounding commercial, church, and residential uses,
because the business would be limited to vehicle lubrication, cleaning and replacing
oil and oil filters, and replacement of minor accessories such as light bulbs and
windshield wipers. Further, this facility would be prohibited from the noisier heavy
vehicle repair operations such as tire service, engine tune -ups, engine overhauls, and
vehicle body repair.
(5) The proposed project includes only minor interior tenant
improvements and replacement signage on an existing building, involving no
expansion of use beyond the previous use of the building. Therefore, a Categorical
Exemption would be filed for this project upon approval.
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. 2005 -13, 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 13t day of June, 2005.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
Y CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
I, JILL R. GUERTIN, 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 June, 2005, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CLERK OF THE CITY OF CYPRESS
240
241
EXHIBIT "A"
Conditional Use Permit No. 2005 -13
5971 Ball Road
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 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.
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 shall be complied with prior to
a Certificate of Occupancy being issued.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. All applicable conditions of Conditional Use Permit No. 2005 -13 shall be complied with
prior to occupancy of the subject building.
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 •
242
Exhibit "A"
Conditional Use Permit No. 2005 -13
Conditions of Approval
Page 2
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 Forty -Three Dollars ($43.00) 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.
COMMUNITY DEVELOPMENT CONDITIONS
9. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -13 will require an amendment to the conditional use
permit.
10. 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.
11. The oil and lube facility shall comply with all applicable county, state, and federal
regulations. In addition, it shall be maintained in a clean and safe condition.
12. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
13. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
14. 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.
15. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take
the appropriate measures to ensure that the illumination of the sign shall not create glare
for vehicular traffic. All electrical conduits, timer devices, and other electrical equipment
shall be buried underground or concealed within the sign.
16. The building accent bands shall be non - illuminated.
17. Upon expiration or termination of the tenant's lease term, the tenant or property owner
shall remove all wall signs, patch the canopy and fascia, and paint the patched area to
match the surrounding wall fascia. This painted area shall constitute the entire wall of the
• Community Development Department • Planning Division •
243
Exhibit "A"
Conditional Use Permit No. 2005 -13
Conditions of Approval
Page 3
tenant space or entire building if there are no screed lines or architectural projections to
provide a clear line of demarcation.
18. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
19. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. The automotive service/repair building shall not be used for a tire store, tune -up shop,
engine repair shop, body work shop, or other major vehicle repair use as defined in the
Cypress Zoning Ordinance. This Conditional Use Permit shall limit the minor vehicle
service/repair use to vehicle lubrication, oil and filter cleaning and replacement,
replacement of light bulbs and windshield wiper blades, and other minor accessories.
Other minor vehicle service and installation businesses such as, but not limited to,
stereos, car phones, detailing, and window tinting may only be permitted subject to
City Council approval of an amendment to this Conditional Use Permit.
25. The use of air - powered tools shall be prohibited.
26. 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 be
received that the business hours are creating an adverse impact upon neighboring properties.
27. The minor vehicle repair business' hours of operation shall be confined between 7:00 a.m.
and 9:00 p.m. daily. However, noise from the vehicle service /repair facility shall not be
audible to residentially zoned or occupied parcels between the hours of 7:00 p.m. and 7:00
a.m. on weekdays and Saturdays, and between 7:00 p.m. and 10:00 a.m. on Sundays and
nationally recognized holidays.
• Community Development Department • Planning Division •
244
Exhibit "A"
Conditional Use Permit No. 2005 -13
Conditions of Approval
28. Late night or early morning deliveries shall be specifically prohibited.
Page 4
29. All vehicles left overnight at a business for servicing shall be parked in fully enclosed
parking spaces (i.e. service bays). No outdoor overnight parking shall be permitted under
any circumstances. Specific mechanical ventilation shall be provided when a vehicle is to
be stored inside a building (pursuant to Uniform Building Code requirements).
30. 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 a maximum of two sides) shall
be considered an enclosed structure, provided that the garage door(s) can be closed at the
end of the business day. No outdoor repair or servicing activities shall be permitted under
any circumstances.
31. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
32. 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.
33. 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.
BUILDING CONDITIONS
34. 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 Code of the City of Cypress.
35. 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.
• Community Development Department • Planning Division •
245
Exhibit "A"
Conditional Use Permit No. 2005 -13
Conditions of Approval
POLICE CONDITIONS
36. The building address shall be posted in a visible location on the building.
Effective: 6 -13 -2005
Page 5
• Community Development Department • Planning Division •