Resolution No. 4733294
RESOLUTION NO. 4733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 86 -31 - 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 delete condition
No. 40 limiting the square footage of lease space devoted to automotive repair uses in Buildings
A & B located at 6012 -6052 Cerritos Avenue within the CG Commercial General 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 General Zone in
which the site is located, which is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 alteration is in compliance with the Commercial
General Zone and the Zoning Code regulating permitted uses.
(2) The allowance of additional square footage devoted to automotive
repair uses will not negatively impact the center because the center was designed
to accommodate auto uses.
(3) There is sufficient parking for this use because the center was
designed at a more restrictive retail parking ratio.
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 Amendment Conditional Use Permit No. 86 -31, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned
regular meeting held on the 10th day of December , 1996.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1
Yo--. Cec,,,4-6(
MAYOR OF THE CITY OF CYPRESS
296
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City
Council held on the 10th day of December , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
296
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 86 -31
6012 -6052 CERRITOS AVENUE
CONDITIONS OF APPROVAL
* Bolded conditions are those 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 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. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Amendment to Conditional Use Permit No. 86 -31 shall be
complied with prior to occupancy of the subject building.
6. 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.
• Community Development Department • Planning Division •
297
Exhibit "A"
Amendment to Conditional Use Permit No. 86 -31
Conditions of Approval
Page 2
7. 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.
PLANNING CONDITIONS
8 *. All conditions of Conditional Use Permit No. 86 -31, except Condition No. 40, shall
be complied with in addition to those imposed on the Amendment.
9. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 86 -31 will require an amendment to the
conditional use permit.
10. 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.
11. Parking for the handicapped shall be provided in accordance with State requirements.
12. Should substantiated complaints be received, this amendment to conditional use permit
may be modified and /or revoked, subject to a public hearing.
BUILDING CONDITIONS
13. 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.
14. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
15. 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.
16. Type 5 cement shall be used for all foundations and slabs on grade.
• Community Development Department • Planning Division •
298
Exhibit "A"
Amendment to Conditional Use Permit No. 86 -31
Conditions of Approval
Page 3
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
18.* Handicap parking shall be relocated to the first row of stalls in front of Building A
closest to Building C.
19. All employees shall park in rear of Building C.
Effective 12/11/96
• Community Development Department • Planning Division •