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Resolution No. 45477© RESOLUTION NO. 4547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 95 -14 - 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 construct a new automotive repair facility located at 5431 Lincoln Avenue. 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 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 location of the automotive repair business complies with the intent of the Commercial Heavy Zone and the Lincoln Avenue Redevelopment Plan. (2) The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be materially injurious to properties or improvements in the vicinity. (3) The proposed development will improve the site by the elimination of the outdoor storage of vehicles and the upgrade of landscaping. c. The proposed 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 Conditional Use Permit No. 95 -14, 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 10th day of October , 1995. AYOR OF THE CITY OF YPRESS ATTEST: CITY CLERK O THE��C'YI Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, 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 October , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CIT ERK O THE CITY OF CYPRESS 2 71 72 EXHIBIT "A" Conditional Use Permit No. 95 -14 5431 Lincoln Avenue 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 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 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. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 5. All applicable conditions of Conditional Use Permit No. 95 -14 shall be complied with prior to occupancy of the subject building. 6. Should substantiated complaints be received, Conditional Use Permit No. 95 -14 may be modified or revoked subject to a public hearing. 7. 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 • 73 Exhibit "A" Conditional Use Permit No. 95 -14 Conditions of Approval Page 2 8. 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 Twenty -five Dollars ($25.00) County administrative fee, to enable the City to file the Notice of Exemption in accordance with Public Resources Code Section 21152. 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. ENGINEERING CONDITIONS 9. The developer shall conform to all applicable provisions of the Code of the City of Cypress. 10 Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on Mylar, signed by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark shall be submitted for approval. A topography of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. All lots shall have a slope gradient of one percent (1 %) minimum in landscape areas. In parking areas, AC shall have a minimum slope gradient of one and one -half percent (1.5 %) or as approved by the City Engineer, and concrete shall have a minimum slope gradient of two - tenths percent. (.2 %). 11. Where an existing block wall is removed, the Developer shall provide suitable temporary fencing for all adjacent properties during construction of the perimeter walls. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent properties. 12. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards. 13. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. • Community Development Department • Planning Division • 74 Exhibit "A" Conditional Use Permit No. 95 -14 Conditions of Approval Page 3 14. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 15. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City streets lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1") continuous A.C. cap. 16. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. The type of trees shall be as required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall be maintained by the developer. 17. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connecting existing buildings at this property shall be plugged at the property line. 18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Engineering Plan Check & Inspection Fee (Per Resolution 2964). • Drainage Fee for Master Drainage Plan (Per Resolution 2287). • Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution). • Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). • Grading Plan Check and Permit (Per Resolution 2964 & 3662). • All applicable Building Department fees. 19. 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 • Community Development Department • Planning Division • 75 Exhibit "A" Conditional Use Permit No. 95 -14 Conditions of Approval Page 4 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. PLANNING CONDITIONS 20. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 95 -14 will require an amendment to the conditional use permit. 21. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 22. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director and shall be adequately screened from view with plant materials. 23. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff 24. Unless otherwise specified in Section 23 of the City of Cypress Zoning Code, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 25. A detailed landscape and automatic irrigation plan shall be submitted to the Community Development Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. 26. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. • Community Development Department • Planning Division • 76 Exhibit "A" Conditional Use Permit No. 95 -14 Conditions of Approval Page 5 27. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 28. All product, material and vehicle storage shall occur within the building. Exterior storage is specifically prohibited. 29. Security gate systems shall be equipped with a Knox box system providing access with a Knox submaster key for emergency access by police and fire services. The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Department prior to issuance of building permits. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural integrity or appearance. 30. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 31. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural integrity or appearance. 32. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. 33. Parking shall be used exclusively for customers only. There shall be no outdoor storage of vehicles. BUILDING CONDITIONS 34. Applicant/developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 35. A separate permit shall be required for the monument sign. FIRE CONDITIONS 36. Prior to the recordation of a parcel map, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection. The water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Chief. All existing fire hydrants within 300 feet of site shall be illustrated. • Community Development Department • Planning Division • 77 Exhibit "A" Conditional Use Permit No. 95 -14 Conditions of Approval Page 6 37. Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. 38. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. Required for H -4 (auto repair facilities) in excess of 3,000 square feet per Uniform Fire Code. 39. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building. State on letter exact type of work to be performed (exchange of parts or full auto repair). 40. Prior to the issuance of any building permits, construction details for any emergency access gate shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire Department at (714) 744 -0403 for a copy of the "Guidelines for Fire Department Emergency Access." 41. Prior to the issuance of any building permits, contact the Orange County Fire Department Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet ". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. 42. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquid and materials are to be classified according the the "Orange County Fire Department Chemical Classification Handout." Provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Compressed gases and compressed liquified gases are to be converted to cubic feet. 43. Prior to the installation of the underground tanks, plans shall be submitted to the Fire Chief for approval. 44. The following notes shall be provided on the site plan: A. Fire Department Final Inspection Required. Schedule inspection two (2) days in advance. Phone (714) 527 -9447. • Community Development Department • Planning Division • 78 Exhibit "A" Conditional Use Permit No. 95 -14 Conditions of Approval Page 7 B. Locations and classifications of extinguishers to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. Required for sprinkler system. Effective 10/10/95 • Community Development Department • Planning Division •