Resolution No. 4688131
RESOLUTION NO. 4688
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
THE ESTABLISHMENT OF A TEMPORARY STORAGE FACILITY FOR HANSEN'S AUTO
BODY UNDER CONDITIONAL USE PERMIT NO. 96 -8 - 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 and Section 10.1 E of the Zoning Ordinance of the City of Cypress
to establish the temporary storage for vehicles, dismantled structures and equipment located at
4912 Lincoln Avenue within the Commercial Heavy 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 Commercial Heavy Zone in
which the site is located, which is:
Intended 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 proposed location of the conditional use and the conditions imposed
by the City 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 establishment of a temporary storage yard is an appropriate use
for the zone as authorized under Section 10.1 E of the Zoning Ordinance of the
City of Cypress.
(2) The existing fencing /slats and the condition imposed to regulate the
stacking of materials will provide sufficient screening of the materials to adjacent
properties.
(3)
plan.
That this use complies with the intent and objectives of the general
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. 96 -8, subject to the conditions
attached hereto as Exhibit "A" and incorporated herein by reference.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of August , 1996.
132
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 12th day of August , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
APPLICATION: CONDITIONAL USE PERMIT NO. 96 -8
ADDRESS: 4912 LINCOLN AVENUE
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
133
* Denotes conditions specific to this project, which are not included in the City's list
of standard conditions of approval.
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 sec,. - 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. 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 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 •
134
Exhibit "A"
Conditional Use Permit No. 96 -8
Conditions of Approval
PLANNING CONDITIONS
Page 2
*4. Conditional Use Permit No. 96 -8 shall be reviewed annually by the City Council for
the term of this Conditional Use Permit No. 96 -8.
*5. Conditional Use Permit No. 96 -8 shall be effective for a maximum of two (2) years.
*6. Storage of materials shall not exceed the height of the existing six (6') foot high
fence.
*7. Should the remediation of the 4620 Lincoln Avenue site be completed sooner than
two (2) years, this storage use shall cease.
*8 Neither the owner nor the lessee can sublease or transfer this temporary storage land
use to another owner or lessee without City Council approval pursuant to a public
hearing.
*9. Hours of access and operation to 4912 Lincoln Avenue for the purpose of storing
personal vehicles, dismantled structures, and equipment shall be limited from 8 a.m.
until 5 p.m. Monday through Friday.
FIRE CONDITIONS
*10. Keep storage ten (10') feet horizontally from fence and to a maximum of either eight
(8') feet high and /or six (6 ") inches lower than fence height; whichever is lower.
11. Slats in chainlink fence shall be maintained.
12. A water truck shall be used should dust occur during the initial two (2) to three (3) week
transfer of materials and vehicles to 4912 Lincoln Avenue.
Revised 08/13/96
• Community Development Department • Planning Division •