Resolution No. 479211
RESOLUTION NO. 4792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -3.
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
develop a used car lot at 9060 Walker Street in the CG- 10,000 Commercial General Zone
and the Lincoln Avenue Redevelopment Project Area.
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 accordance with the objectives
of the Zoning Ordinance, the purpose of the CG- 10,000 Commercial General Zone and
the Lincoln Avenue Redevelopment Project Area in which the site is located, which is:
Intended as an area for the location of retail and wholesale commercial activities. The
intent of the Lincoln Avenue Redevelopment Plan is to eliminate deficiencies and to cause
the comprehensive planning, redesign, and reconstruction to facilitate a higher and better
utilization of land.
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 compatible with the adjacent
RS -6,000 Residential Single - family Zone since the use is limited to sixteen (16) for sale
vehicles and the lighting shall be directed away from the residential zone.
(2) The proposed development is limited to a two (2) year approval.
(3) The use will not adversely increase traffic since test driving on Bishop
Street is prohibited.
c. The proposed conditional use complies 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. 97 -3, 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 28th day of April , 1997.
MAYOR OF THE CITY OF C PRESS
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ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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 28th day of April , 1997, by the following roll call vote:
AYES:
NOES:
3 COUNCIL MEMBERS: Keenan, Piercy and Carroll
1 COUNCIL MEMBERS: Jones
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS:
Bowman
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 97 -3
9060 Walker Street
CONDITIONS OF APPROVAL
*Bolded conditions are 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 requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 97 -3 shall be complied with
prior to occupancy of the subject building.
• Community Development Department • Planning Division •
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Conditions of Approval
Conditional Use Permit No. 97 -3
Exhibit "A"
Page 2
6. 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 Thirty -Eight Dollars ($38.00) County administrative fee, to
enable the City to file the Certificate of Fee Exemption in accordance with the Notice of
Determination pursuant to Fish and Game Code §711.4 and California Code of
Regulations, Title 14, section 753.5. 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
7. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
8. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink
on Mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyor's Benchmark shall be submitted for approval. All onsite
drainage conveyed to the street shall be by means of an under - sidewalk drain. All lots
shall have a slope gradient of one percent (1 %) minimum in landscape areas. In parking
areas, AC shall have a minimum slope gradient of one and one -half percent (1.5%) or as
approved by the City Engineer, and concrete shall have a minimum slope gradient of two -
tenths percent. (.2 %).
9. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two (2)
adjacent properties.
10. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
11. 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.
12. Bishop Street shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets. Curb
• Community Development Department • Planning Division •
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Conditions of Approval
Conditional Use Permit No. 97 -3
Exhibit "A"
Page 3
returns at the intersection of Walker Street and Bishop Street shall have a radius of thirty-
five feet ( 35'). The corner cutoff shall be dedicated to the City of Cypress for roadway
purposes.
13. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. 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.
14. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1") continuous A.C. cap.
15. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall be
maintained by the developer.
16. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property line.
17. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City-wide Traffic Improvement Fee (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution
308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Division fees.
PLANNING CONDITIONS
18. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
• Community Development Department • Planning Division •
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Conditions of Approval
Conditional Use Permit No. 97 -3
Exhibit "A"
Page 4
*19. Conditional Use Permit No. 97 -3, for the sale of used vehicles, shall be restricted to a
two (2) year approval period. At the end of two (2) years, Conditional Use Permit
No. 97 -3 shall terminate unless the applicant requests and the City Council grants an
extension at a public hearing.
*20. The applicant shall waive all relocation rights pursuant to the Lincoln Avenue
Redevelopment Plan.
21. Any expansion or modification of the approved use, beyond what is approved as part of
Conditional Use Permit No. 97 -3, will require an amendment to the conditional use
permit.
22. 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.
23. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
*24. Onsite lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. After hours security lighting shall be
mounted on the west side of the sales office.
25. 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.
26. 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.]
27. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days prior to
issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in plant materials and
workmanship.
• Community Development Department • Planning Division •
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Conditions of Approval
Conditional Use Permit No. 97 -3
Exhibit "A"
Page 5
28. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of
a variety approved by the Community Development Director.
29. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
30. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development Department approval prior to any signing
installation. 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.
Pursuant to Section 15.1 General Provisions of Signs, the display of flags, balloons and
pennants are strictly prohibited.
31. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
32. 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 appearance.
33. 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.
34. 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.
35. Office buildings and uses adjacent to residential areas shall not be permitted to conduct
business or hold office hours before 9 a.m. or after 7 p.m. daily.
36. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
*37. There shall be no more than sixteen (16) vehicles for display and /or sale at any one
(1) time.
*38. Prior to issuance of building permits the applicant shall submit for approval of the
Community Development Department a water quality management plan (WQMP)
specifically identifying Best Management Practices that will be used on -site to control
predictable pollutant run -off.
• Community Development Department • Planning Division •
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Conditions of Approval
Conditional Use Permit No. 97 -3
Exhibit "A"
Page 6
*39. Test driving of vehicles shall not occur on Bishop Street. Signs shall be posted to
inform customers.
BUILDING CONDITIONS
40. Applicant/developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
41. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
42. 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.
43. Type 5 cement shall be used for all foundations and slabs on grade.
44. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
45. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "onsite out of the public
right -of -way. (Example: street side of curb is public right -of -way. Not allowed.)
46. A "no right turn" sign shall be posted at each driveway of the subject site.
47. Vehicle sales shall occur from Monday through Saturday only. All Sunday sales shall be
prohibited.
Revised 4/29/97
• Community Development Department • Planning Division •