Resolution No. 4614374
RESOLUTION NO. 4614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING 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 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) 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 parking and limited storage of customer
vehicles awaiting repair.
(2) The proposed storage area will 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 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.
c. The proposed 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 Amendment to Conditional Use Permit No. 86 -17, subject to
the conditions attached hereto as Exhibit "A," and Exhibit "B."
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of March 1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
375
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: None
ABSENT: 0 COUNCIL MEMBERS: None
V r\ 4 i
CITY LERK OF THE CITY OF CYPRESS
376
EXHIBIT "A"
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 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 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. A minimum of seven (7) employee's spaces shall be provided and designated within the storage
area.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 86 -17
Conditions of Approval
Page 23 7 7
*8. 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.
Note: *Bolded condition is specific to this project.
Revised 3/26/96
• Community Development Department • Planning Division •
378
EXIIIBIT "B"
EXISTING CONDITIONS FOR
CONDITIONAL USE PERMIT NO. 86 -17
1. The developer shall conform to all applicable provisions of the City Code.
2. The area designated for parking on the approved site plan shall be improved
with a suitable gravel or other surface approved by the City. The improved
area shall be graded for a minimum slope of one percent (1 %) for storm
water runoff. Water shall not drain over the public sidewalk.
Parking is prohibited on unimproved areas.
3. A chain link fence with minimum two -inch (2 ") wide redwood or cedar slats
shall be installed around the exterior boundaries of the vehicle storage
arca.
4. Storage shall be limited to licensed vehicles. Commercial trucks, trailers,
equipment, recreational vehicles and vehicle accessories are specifically
prohibited.
5. The property owner shall not permit thc dismantling, overhauling, painting
or repairing of any vehicle on the subject site.
6. The City Council shall maintain ongoing jurisdiction over the hours of
access to the storage yard. The Council may at its discretion limit the
hours of public access to those deemed necessary to eliminate any potential
impacts upon adjacent homes.
7. The City Council shall maintain the right to modify this conditional use
permit by adding or amending conditions of approval or revoke said con-
ditional use permit should the Council determine that the subject use is
being operated or maintained in a manner detrimental to the public health,
safety, or welfare, or materially injurious to propertics or improvements
in the vicinity.
8. Onsite security lighting shall be arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic.
9. All requirements of thc Cypress Building and Safety, Planning, and
Engineering Departmentsshall be satisfied prior to commencement of the
business operation.
10. The developer shall not erect or display on the subject property any signs
which have not been approved in writing by the Planning Department.
11. 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.
12. Cypress Auto Body and Paint's customer vehicles are permitted on the
subject site. All other vehicles are prohibited.
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379
13. Property owner or applicant shall not lease any portion of the subject
.site.for vehicle storage.
14. Any one vehicle shall not remain on the subject site for more than
forty -eight (48) hours.
15. This conditional use permit shall lapse and shall become void when Con-
ditional Usc Permit No. 74 -17 for Cypress Auto Body and Paint lapses and
becomes void.
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