Resolution No. 4912RESOLUTION NO. 4912
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 98 -2 - 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 allow the operation
of a light manufacturing /assembly use within an existing office /warehouse building located at
5930 Lakeshore Drive within the PCM Planned Commercial /Light Industrial 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 PCM Planned
Commercial /Light Industrial Zone in which the site is located, which is:
Intended to encourage the establishment of compatible industries in
manufacturing facilities, and to establish standards of design and type of
use which will enhance the area, be in harmony with the objectives of the
General Plan, and minimize detrimental effects to the public health, safety,
and welfare.
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) This project should not create a substantially adverse physical change
within the affected area, including land, air, water, minerals, flora, fauna, ambient
noise, and objects of historic or aesthetic significance.
(2) The proposed use will not result in additional truck or passenger
vehicle traffic.
(3) The proposed storage and use of hazardous fluids, such as paint, will
be regulated by the Orange County Fire Authority.
(4) The proposed use will not increase the parking demand on the
subject site beyond the existing parking provisions.
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. 98 -2, 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 March , 1998.
M YOR
CITY OF CYPRESS
407
408
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 9th day of March , 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
• a ..41:
CITY CLERK OF THE CITY OF CYPRESS
409
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 98-2
5930 Lakeshore Drive
CONDITIONS OF APPROVAL
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 se . - 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 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.
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 Notice of Exemption pursuant to Fish and Game Code §711.4 and
• Community Development Department • Planning Division •
410
Exhibit "A"
Conditional Use Permit No. 98 -2
Conditions of Approval
Page 2
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.
COMMMUNITY DEVELOPMENT CONDITIONS
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 98 -2 will require an amendment to the conditional use permit.
8. 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.
9. 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
10. Parking for the handicapped shall be provided in accordance with State requirements.
11. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
12. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
13. 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.
14. 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.
15. 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.
16. 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.
• Community Development Department • Planning Division •
411
Exhibit "A"
Conditional Use Permit No. 98 -2
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 Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
FIRE AUTHORITY CONDITIONS
19. 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.
20. 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.
21. Prior to issuance of a building permit, the applicant shall submit plans for the review and
approval of the Fire Chief. The applicant shall include information on the plans required by
the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at 744-
0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
Effective 3 -9 -98
• Community Development Department • Planning Division •