Resolution No. 4612366
RESOLUTION NO. 4612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 95 -26 - 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 establish an auto
assembly for Cypress Auto Body located at 5510 Danny Avenue 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 proposed auto assembly complies with the intent of the zoning
code and the general plan.
(2) The auto assembly will comply with the criteria regulating safety
from the Fire Authority and Building Division.
(3)
The proposed site provides sufficient onsite customer parking.
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 -26, 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:
r
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
fied OF TH CITY OF CYPRESS
367
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, Carroll , Jones, Kerry and
Bowman
NOES:
0
COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS: None
None
CITY C ERK OF THE
CITY OF CYPRESS
368
EXHIBIT "A"
Conditional Use Permit No. 95 -26
5510 Danny 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 se q. - 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 -26 shall be complied with
prior to final inspection from the Community Development Department and Building
Division.
5. 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.
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 Thirty-Eight Dollars ($38.00) County administrative fee, to enable the
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -26
Conditions of Approval
369
Page 2
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. Parking spaces shall be striped as illustrated on approved site plan and comply with
State of California Handicap criteria.
*8. Customer parking spaces shall remain available for customer parking during
business hours.
*9. This site shall only permit the hand assembly of automobiles. Any use beyond this
approval is strictly prohibited.
*10. 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.
*10a. The City Council shall review Conditional Use Permit No. 95 -26 one (1) year from the
date of approval. At that time, Conditional Use Permit No. 95 -26 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
11. 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.
12. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
13. 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.
* 14. Existing door shall be removed and the wall shall obtain an hour fire rating as stated in
the Uniform Building Code.
*15. Applicant shall submit plans of the interior for final consideration of separation of uses.
• Community Development Department • Planning Division •
370
Exhibit "A"
Conditional Use Permit No. 95 -26
Conditions of Approval
FIRE CONDITIONS
Page 3
16. 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. Required for
rooms or areas used for hazardous materials.
17. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building.
18. Prior to the issuance of any grading permit, street improvement plans with fire lanes
shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red
curbing and signage. Provide a drawing of the proposed signage with the height, stroke
and color of lettering and the contrasting background color.
19. If hazardous materials exist on site, prior to the issuance of any building permits or
release from the Building Division per conditions of approval, 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.
20. If hazardous, flammable or combustible materials exists, 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 liquids 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.
21. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -26
Conditions of Approval
371
Page 4
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 Authority prior to installation.
Note: *Bolded conditions are specific to this project.
Effective 3/25/96
• Community Development Department • Planning Division •