Resolution No. 4768407
RESOLUTION NO. 4768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN EXTENSION OF THE AMENDMENT TO CONDITIONAL USE PERMIT
NO. 86 -17 - 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 extension of the amendment to conditional
use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the
City of Cypress to allow a vehicle storage site for Cypress Auto Body located at 8882 -86 Walker
Street in the CG- 10,000 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 zone in which the site is
located is:
Intended for neighborhood shopping centers which provide limited retail
business service and office facilities for the convenience of residents of the
neighborhood. These shopping centers are intended to be compatible with
a residential environment at locations indicated on the General Plan.
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 site will continue to provide parking and limited storage of
customer vehicles awaiting repair.
(2) The proposed storage area will still serve as a storage area for
customer vehicles being repaired and as employee parking, eliminating the use of
parking on the public street.
(3) The use of the property is still restricted to parking for Cypress
Auto Body and Paint repair business and shall not be used for automobile storage.
The site will provide required customer parking for 8900 Walker Street and 5510
Danny Avenue.
(4) The extension of two (2) years will not be detrimental to the
surrounding properties.
c. The proposed extension to the amendment to the conditional 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 extension to the Amendment to Conditional Use Permit No. 86-
17, subject to the following added condition.
- The south fence shall have slats installed to conceal vehicle storage.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of March , 1997.
MAYOR OF THE CITY OF C t PRESS
408
ATTEST:
4
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 10th day of March , 1997, 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
2
CITY CLERK OF THE CITY OF CYPRESS
409
EXHIBIT "A"
Extention of Amendment to Conditional Use Permit No. 86 -17
8882 -86 Walker Street
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 semc . - 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 developers 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. 86 -17 shall be complied
with prior to final release from the Community Development Department.
5. 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 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.
*6. The original conditions adopted in 1986, shall apply with the exclusion of Condition No. 14.
*7. The City Council shall review Conditional Use Permit No. 86 -17 one (1) year from the date
of approval. At that time, Conditional Use Permit No. 86 -17 shall terminate unless extended
by affirmative action of the City Council. The City Council may, at such time, impose such
additional conditions as it may deem appropriate.
• Community Development Department • Planning Division •
410
Exhibit "A"
Extention of Amendment to Conditional Use Permit No. 86 -17
Conditions of Approval
Page 2
*8. Slats shall be installed to the south portion of the site and replaced throughout the property
as necessary.
Note: *Bolded condition is specific to this project.
Revised 3/11/97
• Community Development Department • Planning Division •