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Resolution No. 4720RESOLUTION NO. 4720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 95 -24 - 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 include used automotive sales and the expansion of the approved facility by 426 square feet located at 9032- 9052 Walker Street within the CH Commercial Heavy Zone and the Lincoln Avenue Redevelopment Project Area. 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 CH 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 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 addition of used automotive sales complies with the intent of the General Plan and the Zone in which it is located. (2) The addition of the sale of used automobiles will not adversely impact the surrounding zone because the vehicles will be displayed within a showroom. (3) The amount of vehicles displayed "for sale" at one time will be limited to six (6) vehicles. (4) Sufficient parking is provided for the 426 square foot expansion as required by the City of Cypress Zoning Code. 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 the Amendment to Conditional Use Permit No. 95 -24, 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 November , 1996. MAYOR OF THE ITY OF CYPRESS 247 248 ATTEST: - oft. .41„:„.. 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 November , 1996, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Age, Carroll, and Kerry NOES: 1 COUNCIL MEMBERS: Jones ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Bowman Sim a, .-- Oh • a. CITY CLERK OF THE CITY OF CYPRESS 249 EXHIBIT "A" Amendment to Conditional Use Permit No. 95 -24 9032 -9052 Walker Street CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The applicant /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 applicant /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 shall be complied with prior to a Certificate of Occupancy being issued. 4. All applicable conditions of Amendment to Conditional Use Permit No. 95 -24 shall be complied with prior to occupancy of the subject building. 5. All conditions of Conditional Use Permit No. 95 -24, in addition to the conditions of Amendment to Conditional Use Permit 95 -24 shall apply. 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 • Community Development Department • Planning Division • 250 Exhibit "A" Amendment to Conditional Use Permit No. 95 -24 Conditions of Approval Page 2 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. PLANNING CONDITIONS *7. A maximum of six (6) vehicles may be displayed or offered 'for sale" within the showroom area at all times. *8. Any outdoor display of vehicles offered 'for sale" is prohibited. *9. The applicant, Mr. Nat Briganti, has submitted a written memorandum to all employees of Action Alignment requiring compliance with all company policies regarding vehicle repairs, including limitations regarding employee and customer vehicle parking and off - site testing of vehicles. A copy of that memorandum is attached hereto as Exhibit "B" and incorporated by reference herein as though fully set forth. 9a. In conditionally approving this Amendment to Conditional Use Permit No. 95 -24, the City Council has relied upon all written and oral information submitted by the applicant to city staff and the City Council, including the description of the use limited to the indoor display of no more than six (6) vehicles 'for sale ", and the expansion of Service Bay No. 7 to accommodate two (2), twelve (12) foot wide above ground hoists, along with the testimony from Mr. Briganti that he is willing to abide by the conditions of approval which also include the conditions originally applied to Conditional Use Permit No. 95 -24. 9b. No vehicle shall be parked or stored outside any of the service bays for more than 72 hours after repairs have been completed. 9c. A compliance review of Amendment to Conditional Use Permit No. 95 -24 shall be conducted annually and reported to the City Council to ensure that the business is operating in accordance with all conditions of approval. BUILDING CONDITIONS *10. All entrances and exterior ground floor exit doors shall be made accessible. *11. Accessible parking spaces shall be dispersed and located closest to the accessible entrances. • Community Development Department • Planning Division • 251 Exhibit "A" Amendment to Conditional Use Permit No. 95 -24 Conditions of Approval Page 3 *12. Ventilation requirements for indoor storage of vehicles must comply with Section 1202.2.7 of the 1994 Uniform Building Code. Revised 11/26/96 • Community Development Department • Planning Division •