Resolution No. 4599RESOLUTION NO. 4599
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
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 expand an existing
automotive repair facility located at 9032 and 9052 Walker Street.
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 as 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 expansion of the automotive service use complies
with the regulations of the General Plan and the Zone in which it is located.
(2) The expansion of the business to 9032 Walker Street will help
eliminate the blighted condition of the site.
(3) The expansion of additional bays will provide sufficient interior
parking to eliminate outdoor overnight parking of vehicles awaiting service.
(4) The site provide sufficient customer parking thereby the expansion
should not adversely impact the adjacent residential zone.
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 -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 26th day of February , 1996.
A&,
MAYOR OF THE CITY OF CYPRESS
1
303
304
ATTEST:
C 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 26th day of February , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Carrol 1 , Kerry and Bowman
NOES: 1 COUNCIL MEMBERS: Jones
ABSENT: 0 COUNCIL MEMBERS: None
C3LQi2-et-,)" . a-
CITY LERK OF THE CITY OF CYPRESS
305
EXHIBIT "A"
APPLICATION: Conditional Use Permit No. 95 -24
ADDRESS: 9032 -9052 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 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 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 Conditional Use Permit No. 95 -24 shall be complied with
prior to occupancy of the subject building.
5. All business activity shall occur within the building. Violation of this condition will cause
Conditional Use Permit No. 95 -24 to be submitted to City Council for consideration of
revocation procedures. Temporary use permits may be granted for outdoor activity in
accordance with Section 13.1 of the Cypress Zoning Ordinance.
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
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
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
Page 2
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
7. 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 %).
8. 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.
9. 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.
10. 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.
11. Bishop Street shall be fully improved with curb, gutter, sidewalk, driveway, paving, etc.,
in accordance with the City's Code requirement of Streets. The corner cutoff shall be
dedicated to the City of Cypress for roadway purposes.
• Community Development Department • Planning Division •
307
Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
Page 3
12. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. (No landscaping in excess of three feet (3') high will be allowed in
the area of the curb returns.)
13. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110.
14. 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.
15. 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.
16. 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.
• Community Development Department • Planning Division •
308
Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
PLANNING CONDITIONS
Page 4
17. 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.
18. 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.
19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
20. 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.
21. 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.
22. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite
and at a location acceptable to City staff. [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right -of -way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
23. Parking for the handicapped shall be provided in accordance with State requirements.
24. 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.
25. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
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309
Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
Page 5
26. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
27. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
28. All servicing of vehicles shall be conducted only in automotive bay areas.
29. Second floor storage area shall only be used for the storage of retail merchandise. No
residential or office use of this second floor shall be permitted.
30. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
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. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes,
buckled or cracked surfaces, or raised areas.
33. 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.
34. The City Council shall maintain the right to review the hours of operation restricted to
Monday through Friday 7:00 A.M. to 5:00 P.M. and Saturday from 9:00 A.M. to 3:00
P.M. and may, subject to a public hearing, limit the business hours should substantiated
complaints be received that the business hours are creating an adverse impact upon
neighboring properties.
35. Vehicle drive testing on any portion of Bishop Street is strictly prohibited.
36. East block wall shall be constructed or modified to provide a finished height of eight feet
(8').
37. Flag pole shall not exceed a height of thirty -five feet (35').
38. Designated customer parking shall remain open and available for customers at all times.
• Community Development Department • Planning Division •
310
Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
Page 6
39. Relocation of freestanding sign shall be placed out of the fifteen foot (15') visual
clearance area when adjacent to streets, alleys and driveways.
40. Action Alignment and Brake shall provide to the Community Development Department
a written letter from the SCAQMD verifying compliance with the most current emission
control regulations.
41. Conditional Use Permit 95 -24 shall comply with the Orange County Fire Authority
regulations for a Risk Management and Prevention Plan.
41a. No storage materials shall be visible in the second story windows.
BUILDING CONDITIONS
42. 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.
43. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
44. Type 5 cement shall be used for all foundations and slabs on grade.
45. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
FIRE CONDITIONS
46. Prior to the issuance of permit 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. Show all existing fire hydrants within 300 feet of site.
47. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure.
48. 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 structures over 6,000 square feet or if remodel consist of 75% of total square footage.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
Page 7
49. Prior to the issuance of any building permits, plans for the fire alarm system plans 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.
50. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building. Provide a detailed letter stating type of work to be
conducted on site.
51. Prior to the issuance of any building permits, contact the Orange County Fire Authority
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.
52. 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 "Orange County Fire
Authority 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.
53. Prior to the installation of the underground tanks, plans shall be submitted to the Fire
Chief for approval.
54. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
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. Building(s) not approved for high piled combustible storage. Materials in closely
packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and
6 feet for tires, plastics and some flammable liquids if high stock piling, comply
with UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 95 -24
Conditions of Approval
Page 8
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
Revised 2/27/96
• Community Development Department • Planning Division •