Resolution No. 482688
RESOLUTION NO. 4826
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 85 -25 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to allow the
conversion of an existing storage room into an automotive service bay, within an existing
gasoline station and car wash facility, located at 4001 Ball Road within the CG- 10,000
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 amended conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the Commercial General (CG-
10,000) 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 amended 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 and design of the conditional use is
compatible with adjacent commercial and nearby residential uses.
(2) The automotive service bay will not require an expansion of the
existing building, but instead will be contained in the existing building.
(3) The mitigation measures identified in the environmental checklist
for the project have been incorporated into the conditions of approval in Exhibit
"A" attached to this resolution.
(4) The surrounding roadways have sufficient capacity to accommodate
the traffic generated by the project, which will not significantly increase with the
proposed additional use.
(5) The proposed use does not change the findings of the parking
variance approved with the original Conditional Use Permit No. 85 -25. Adequate
parking is provided onsite to accommodate all service station uses, including the
proposed service bay.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for the aforementioned approved
parking variance associated with Conditional Use Permit No. 85 -25.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Conditional Use Permit No. 85 -25, subject to the
conditions attached hereto as Exhibit "A" and Exhibit "A-2".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the loth day of July , 1997.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
ovk
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 14th day of July , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
90
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 85-25
4001 BALL ROAD
CONDITIONS OF APPROVAL
Bold Denote mitigation measures.
* Denotes conditions which 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 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.
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/developer shall comply with all applicable conditions of approval for the
original Conditional Use Permit No. 85-25 listed in Exhibit "A -2" attached.
5. All conditions of Amendment to Conditional Use Permit No. 85 -25 shall be complied with
prior to final sign -off of any building permit for the service bay area of the subject building.
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91
Exhibit "A"
Amendment to Conditional Use Permit No. 85 -25
Conditions of Approval
Page 2
6. All business activity shall occur within the building, and all signage shall be subject to
approval by the Community Development Department. Temporary use permits may be
granted for outdoor activity and temporary advertising signs in accordance with Section
13.1 of the Cypress Zoning Ordinance.
7. 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
8. Onsite drainage shall be solved to the satisfaction of the City Engineer, including the
implementation of Best Management Practices (BMPs) determined to be applicable to the
project.
9. Prior to issuance of building permits, the applicant shall submit for approval by the
Public Works Engineering Division, and Community Development Department
Planning Division, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on -site to control
predictable pollutant run -off, to the maximum extent practical. (Mitigation
Measure No. 1)
COMMUNITY DEVELOPMENT CONDITIONS
10. All requirements of the Orange County Fire Authority and Cypress Building and Safety
Department shall be satisfied prior to commencement of the business operations within the
service bay area.
11. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 85 -25, as amended, will require an additional amendment to
the conditional use permit.
11.A. Hours of operation of the automotive service shall be limited from 8 a.m. to 6 p.m.
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92
Exhibit "A"
Amendment to Conditional Use Permit No. 85 -25
Conditions of Approval
Page 3
11.B. The use shall be limited to minor automotive repair consisting of oil changes, tune -ups,
replacement of belts and hoses, etc. There shall be no heavy engine work nor open flame
welding.
12. 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.
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 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. 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. 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.
17. The project shall comply with all mitigation measures as referenced in the Negative
Declaration and incorporated herein, prior to issuance of any building permits for the
service bay.
18. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
*19. All automotive repair /service activities shall take place within the repair /service bay,
except those activities normally associated with gasoline pump activities, i.e. refilling
oils, and fluids (Mitigation Measure No. 2).
*20. A minimum of four (4) parking stalls shall be provided onsite for the combined uses
of the automotive service station. Vehicles shall not be parked in areas other than
the marked parking stalls. Should parking or traffic circulation become an obvious
problem on the subject site, additional measures will be imposed to mitigate the
issue. Such measures may include, but not be limited to an accessory shared
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Exhibit "A"
Amendment to Conditional Use Permit No. 85 -25
Conditions of Approval
Page 4
parking agreement with the adjacent commercial property owner (Mitigation
Measure No. 3).
*21 . Vehicles associated with the automotive repair /service use shall be parked within
designated parking stalls or inside the repair /service bay only. The parking of
vehicles for repair on other areas of the service station site shall be strictly
prohibited (Mitigation Measure No. 4).
*22. Overnight storage of vehicles shall be strictly prohibited, except inside the enclosed
repair /service bay, and if building and safety code requirements are met for the
structure to accommodate such storage (Mitigation Measure No. 5).
BUILDING CONDITIONS
23. 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.
24. 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.
25. A one -hour fire wall separation shall be required between the service bay and the car wash
areas of the building.
26. The existing handicap accessible parking space shall be modified such that the access aisle
is on the passenger side of the stall.
27. No welding or open flame tools shall be used in the service /repair bay operations.
FIRE AUTHORITY CONDITIONS
28. 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.
29. Prior to the issuance of any building 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
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Exhibit "A"
Amendment to Conditional Use Permit No. 85 -25
Conditions of Approval
Page 5
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.
30. Prior to the installation of any above - ground or under - ground tanks, plans shall be
submitted to the Fire Chief for approval.
31. 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) 821 -7850.
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.
D. Plans of modifications to or new fire protection, detector or alarm system(s) shall be
approved by the Fire Authority prior to installation.
Revised 7 -15 -97
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