Resolution No. 4821RESOLUTION NO. 4821
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -6 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 17.2 of the Zoning Ordinance of the City of Cypress to establish a 1,400
square foot onsite dry cleaners located at 4017 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 zone in which the site is
located, which is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 dry cleaners is compatible with the
land use designation of the Cypress General Plan and the City of Cypress Zoning
Code.
(2) The establishment of the dry cleaners will comply with criteria of
the South Coast Air Quality Management District and other regulatory agencies.
(3) The proposed location of Conditional Use Permit No. 97 -6 is in
accord with the objectives of the Commercial Ordinance regulating the operation
of onsite dry cleaners and the purpose of the General Commercial Zone.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress 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 -6, 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 23rd day of June 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY LERK OF THE CITY OF CYPRESS
75
76
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 23rd day of June , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: o COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Bowman, Jones, Keenan, Piercy
and Carroll
None
None
CITY C ERK OF THE CITY OF CYPRESS
77
EXHIBIT "A"
Conditional Use Permit No. 97 -6
4017 Ball Road
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
Bolded conditions represent those specific to this project.
COMMUNITY DEVELOPMENT 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. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
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 -6 shall be complied with
prior to occupancy of the subject building.
• Community Development Department • Planning Division •
78
Exhibit "A"
Conditional Use Permit No. 97 -6
Conditions of Approval
Page 2
6. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
7. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97 -6 will require an amendment to the conditional use permit.
9. 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.
10. 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.
11. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
12. 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.
13. The access door to the business premises facing the alleyway and adjoining single - family
residences shall remain closed during all hours of business operation. Said door shall be
designated and used for emergency exit purposes only.
14. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
15. The inclusion of additional dry cleaning machines shall require an amendment to
Conditional Use Permit No. 97 -6.
16. Within forty -eight (48) hours of the approval of the 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 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.
• Community Development Department • Planning Division •
79
Exhibit "A"
Conditional Use Permit No. 97 -6
Conditions of Approval
BUILDING CONDITIONS
Page 3
17. 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.
18. Applicant/developer shall comply with all disclosure requirements of the South Coast Air
Quality Management District for exhaustion of air contaminants.
19. 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.
FIRE AUTHORITY CONDITIONS
20. Prior to the issuance of any building permits, contact the Orange County Fire Authority
Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a "Hazardous Materials
Business Information and Chemical Inventory Packet ". This shall be completed and
submitted to the Fire Chief before the issuance of any building permits.
21. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a
list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases. These liquid and materials are to be classified according the "Orange County Fire
Department Chemical Classification Handout." Provide a summary sheet listing each
hazard class, the total quantity of chemicals stored per class and the total quantity of
chemicals used in that class. All forms of materials are to be converted to units of measure
in pounds, gallons and cubic feet. Compressed gases and compressed liquified gases are to
be converted to cubic feet.
22. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire inspector.
C. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
*23. The applicant shall comply with Rule 1421 of the South Coast Air Quality
Management District for the use and storage of cleaning fluids.
• Community Development Department • Planning Division •
80
Exhibit "A"
Conditional Use Permit No. 97 -6
Conditions of Approval
Page 4
*24. Any business on the site which uses, handles, stores, or disposes of hazardous
materials, shall obtain all appropriate permits and comply with all regulations
administered by the California Department of Health Services. Storage of such
materials shall be conducted in accordance with the City's Hazardous Materials
Disclosure Ordinance, which requires that businesses must disclose to the City the
use of specified listed materials over certain quantities. Compliance shall be
determined by the City when a City Business License or a Certificate of Occupancy is
obtained.
Effective 6/23/97
• Community Development Department • Planning Division •