Resolution No. 4689135
RESOLUTION NO. 4689
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -19 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 an amendment to a conditional use permit in
accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress
to establish an automobile stereo installation use located at 5179 Lincoln Avenue within the CH
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 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 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 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 installation of automobile stereo equipment is
consistent with the City of Cypress Zoning Ordinance, except for approved
variances.
(2) Adequate access and parking will be provided for the site, subject
to the Conditions of Approval.
(3) The project will be compatible with neighboring residential and
commercial uses, subject to the Conditions of Approval.
c. The proposed use will comply with each of the applicable provisions of
the Zoning Ordinance, except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Conditional Use Permit No. 89 -19, 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 12th day of August , 1996.
44,(,
MAYOR OF THE CITY OF CYPRESS
ATTEST:
fifetL' al • 44ZA--
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
136
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"
Amendment to Conditional Use Permit No. 89 -19
5179 Lincoln Avenue
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions which are specific to this project
137
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. 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.
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 /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electric Code, California
Administrative Code, Title 24, and the Cypress City Code. Area separations shall be
provided per the 1994 Uniform Building Code.
• Community Development Department • Planning Division •
138
Exhibit "A"
Amendment to Conditional Use Permit No. 89 -19
Conditions of Approval
Page 2
*6. All business activity shall occur within the building. No outdoor stereo installation shall
be permitted. Temporary use permits may be granted for outdoor activity in accordance
with Section 13.1 of the Cypress Zoning Ordinance.
*7. A minimum of twenty -four (24) parking spaces shall be maintained on the site at all
times.
*8. One (1) hour occupancy separation may be required between sales and installation area.
Contact Orange County Fire Authority for specific requirements.
*9. The applicant shall provide a trash receptacle enclosed with solid masonry walls and
gates at a location acceptable to City staff.
10. All applicable conditions of Amendment to Conditional Use Permit No. 89 -19 shall be
complied with prior to installation of any stereo equipment.
11. 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.
*12. Should parking become a concern due to overuse by vehicles awaiting service or pick -up
associated with this stereo installation use, the City Council may modify or revoke this
conditional use permit subject to a public hearing.
Effective 8/12/96
• Community Development Department • Planning Division •