Resolution No. 4611RESOLUTION NO. 4611
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 74 -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 a conditional use permit in accordance with the
provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to add a covered
work area and two (2) awnings as service areas for Cypress Auto Body located at 8900 Walker
Street in 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 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 provide sufficient customer parking as required by the
City Zoning Ordinance.
(2) The proposed awnings can also serve as customer parking.
(3) The operation of the automotive paint and body shop complies with
the regulations imposed by the South Coast Air Quality Management District and
the Environmental Protection Agency.
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 Amendment to Conditional Use Permit No. 74 -17, 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 25th day of March , 1996.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1
MAYOR OF THE CITY OF CYPRESS
361
362
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 25th day of March , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carrol 1 , Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
oy, 4.1„.„
CITY CLERK OF THE CITY OF CYPRESS
363
EXHIBIT "A"
Amendment to Conditional Use Permit No. 74 -17
8900 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, and Cypress Building and
Safety Department shall be satisfied prior to the final approval for the use of two (2)
awnings.
4. All applicable conditions of Amendment to Conditional Use Permit No. 74 -17 shall be
complied with prior to occupancy of the subject building.
5. All business activity, other than the areas permitted under the awnings, 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.
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
• Community Development Department • Planning Division •
364
Exhibit "A"
Amendment to Conditional Use Permit No. 74 -17
Conditions of Approval
Page 2
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
*7. Customer parking stalls shall not be used for the temporary nor extended location
of vehicles awaiting repair.
*8. No painting shall be conducted outside of spray booth.
*9. Awnings shall only be used as an area to dry vehicles recently painted, minor
assembly and detailing of vehicles.
*9a. Hours of operation shall be from 7 a.m. to 5:30 p.m. Monday through Friday and from
8 a.m. to 2 p.m. Saturdays, Closed Sundays.
*9b. The City Council shall review Conditional Use Permit No. 74 -17 one (1) year from the
date of approval. At that time, Conditional Use Permit No. 74 -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.
BUILDING CONDITIONS
*10. The enclosed mezzanine area will be required to obtain or the owner shall provide
proof of prior approval.
*11. Exterior light fixture located in front of spray booth shall require an electrical
permit for its continued use.
*12. Enclosed compressor presently utilized onsite will be required to receive a building
permit.
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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 74 -17
Conditions of Approval
365
Page 3
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.
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
FIRE CONDITION
*18. Awnings shall comply with the Uniform Fire Code, Article 32.
Note: *Bolded conditions are specific to this project.
Revised 3/26/96
• Community Development Department • Planning Division •