Resolution No. 49063f2,
RESOLUTION NO. 4906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -31.
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 demolish an existing
automotive repair building and construct a new automotive repair shop, located at 5431 Lincoln
Avenue within the CH- 10,000 Commercial Heavy Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law in which the public was given the opportunity to be heard regarding
Conditional Use Permit No. 97 -31.
3. That the City Council hereby finds that:
a. The proposed location of the automotive repair use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the CH- 10,000 Commercial
Heavy Zone, which is to provide appropriately located areas for establishments
catering primarily to highway travelers, visitors to the City or such businesses or
uses where direct access to major arterial highways is essential or desirable for their
operation.
b. The location of the proposed automotive repair 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
commercial and light industrial uses.
(2) The surrounding roadways have sufficient capacity to accommodate the
traffic generated by the project.
c. The proposed automotive repair use will comply with each applicable provision 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 -31, 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 9th day of February , 1998.
ATTEST:
d1iok •.
CITY ERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
1
MAYOR
CITY OF CYPRESS
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 9th day of February , 1998, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Bowman, Carroll and Piercy
NOES: 2 COUNCIL MEMBERS: Keenan and Jones
ABSENT: 0 COUNCIL MEMBERS: None
CI LERK OF THE CITY OF CYPRESS
2
38'3
3t9-
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 97-31
5431 Lincoln Avenue
CONDITIONS OF APPROVAL
* 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 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. 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. 97 -31 shall be complied with prior
to occupancy of the subject building.
• Community Development Department • Planning Division •
3g.(
Exhibit "A"
Conditional Use Permit No. 97 -31
Conditions of Approval
Page 2
7. 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.
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 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
Drainage shall be solved to the satisfaction of the City Engineer, including the
implementation of the Best Management Practices (BMPs) determined applicable to the
project. A grading and drainage 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 by the City Engineer. 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 %).
10. 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.
11. Electric Street shall be dedicated and fully improved with curb, gutter, sidewalk, driveway,
paving, etc., in accordance with the City's Code requirement of Streets.
12. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Electric Street. No landscaping in excess of
three feet (3') high will be allowed in the area of the curb returns
13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Engineering Plan Check & Inspection Fee (Per Resolution 2964).
All applicable Building Division fees.
• Community Development Department • Planning Division •
3g,
Exhibit "A"
Conditional Use Permit No. 97 -31
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 3
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97 -31 will require an amendment to the conditional use permit.
15. 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.
16. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance
with State of California and City of Cypress Building Division Standards.
17. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
18. 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.
19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
20. 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.
21. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff Construction bins must be maintained onsite. Bin rental shall be
contracted through Briggeman Disposal.
22. 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.
23. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
24. 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.
25. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
• Community Development Department • Planning Division •
3 �?
Exhibit "A"
Conditional Use Permit No. 97 -31
Conditions of Approval
Page 4
26. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
27. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
28. 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.
29. 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.
30. 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.
31. 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.
32. The project shall comply with all mitigation measures as referenced in the Negative
Declaration, and incorporated herein as conditions of approval, prior to issuance of
Certificate of Occupancy.
33. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
*34. 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 (BMPs) that will be used onsite to
control predictable pollution run -off, to the maximum extent practical.
*35. A minimum number of parking stalls shall be provided on -site for the automotive
repair use, as shown on the approved site plan. Vehicles shall not be parked in areas
other than the marked parking stalls. Should parking or traffic become an obvious
problem on the subject site and /or the adjacent streets, additional measures will be
imposed to mitigate the issue. Such measures may include but not be limited to
accessory shared parking agreements with other nearby properties.
*36. Vehicles associated with the automotive repair use shall be parked onsite. The use of
Lincoln Avenue or Electric Street for parking or temporary storage of vehicles shall
be prohibited.
*37. Overnight storage of vehicles shall be prohibited, except inside the enclosed repair
bays.
• Community Development Department • Planning Division •
3gg
Exhibit "A"
Conditional Use Permit No. 97 -31
Conditions of Approval
BUILDING CONDITIONS
Page 5
38. 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.
39. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
40. 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.
41. Type 5 cement shall be used for all foundations and slabs on grade.
42. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
43. Parking for the handicapped shall be provided in accordance with State requirements. One
(1) van accessible space totaling seventeen feet (17') wide, including an eight -foot (8') wide
access aisle, shall be provided. A wheel stop for this stall shall also be provided.
FIRE AUTHORITY CONDITIONS
44. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief prior to installation. This system shall
be operational prior to the issuance of a Certificate of Use and Occupancy.
45. 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.
46. 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
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.
47. 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.
• Community Development Department • Planning Division •
3 8'I
Exhibit "A"
Conditional Use Permit No. 97 -31
Conditions of Approval
Page 6
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.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall be
approved by the Fire Authority prior to installation.
Effective 1 -26 -98
• Community Development Department • Planning Division •