Resolution No. 4632442
RESOLUTION NO. 4632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
THE RENEWAL OF CONDITIONAL USE PERMIT NO. 94 -10 - 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 operate an
automotive painting and restoration business at 5692 Lincoln Avenue. The conditional use
permit will also serve to bring an existing RV storage yard, previously expanded from 5702
Lincoln Avenue to the subject property, into zoning compliance.
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, which is:
Intended to provide appropriately located areas for extablishments 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) As conditioned, the spray paint booth and repair bays will be
operated and maintained in compliance with all applicable regulatory agencies,
including the South Coast Air Quality Management District and the Orange
County Fire Department.
(2) The spray paint booth will not create aesthetic impacts, because it
will not be visible from adjacent properties.
(3) The operation of the automotive painting and restoration business
will be subject to compliance with the City of Cypress Noise Ordinance.
(4) The existing RV storage business will continue to be operated as
one (1) business with the adjoining parcel at 5702 Lincoln Avenue previously
approved under Conditional Use Permit No. 76 -10, and will be subject to any
applicable conditions of that use permit as well as Conditional Use Permit No.
94 -10.
(5) As conditioned, adequate access and parking will be provided for
employees and customers.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve the Renewal of Conditional Use Permit No. 94 -10, subject to
the conditions attached hereto as Exhibit "A".
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of May , 1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY 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 lath day of May , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
NOES: 0 COUNCIL MEMBERS:
None
ABSENT: ° COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
444
EXHIBIT "A"
RENEWAL OF CONDITIONAL USE PERMIT NO. 94 -10
5692 Lincoln Avenue
CONDITIONS OF APPROVAL
* Denotes non - standard conditions that are specific to this project.
Note: Revisions to the original Conditions of Approval for Conditional Use Permit No. 94 -10
are shown as italicized and strike -out text.
ENGINEERING CONDITIONS
1. The property owner shall be subject to the traffic impact mitigation fee required per
Ordinance No. 4276. The total estimated fee will be $399.00.
BUILDING CONDITIONS
2. 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.
3. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
4. 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.
5. Type 5 cement shall be used for all foundations and slabs on grade.
6. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
FIRE CONDITIONS
7. Prior to the issuance of any building permits for combustible construction, the applicant
shall submit a plan to the Fire Chief showing the location of the two closest existing fire
hydrants.
8. 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. This system shall be
operational prior to the issuance of a Certificate of Occupancy, due to the lack of access
and possible lack of fire flow requirements for a fire hydrant. * The proposed spray
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445
Exhibit "A"
Renewal of Conditional Use Permit No. 94 -10
Conditions of Approval
Page 2
painting booth shall be protected by an automatic fire extinguishing system as required
in the Uniform Fire Code Section 4502.8.1.
9. Prior to the issuance of any grading permits, plans for access, public or private, shall be
submitted to and approved by the Fire Chief. The plans shall include sectional views,
and indicate the width measured flow line to flow line. All proposed fire apparatus
turnarounds shall be clearly marked. A turnaround is required. Access shall have an
all weather surface not less than twenty feet wide.
10. 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 Authority at (714) 744 -6623 for a copy of the "Guidelines for Fire
Department Emergency Access."
11. 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.
12. Prior to the issuance of any grading permits or building permits, whichever occurs first,
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 to 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.
12a. The applicant shall submit a letter of intent to the City and the Orange County Fire
Authority regarding the intended use. The letter shall indicate the use and storage
quantities of flammable and combustible liquids used in the restoration and painting of
vehicles. Other items addressed in the letter should include welding, cutting, and
combustible dust operations.
13. 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) 821 -7850.
B. Locations and classifications of extinguisher to be determined by the fire
inspector.
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446
Exhibit "A"
Renewal of Conditional Use Permit No. 94 -10
Conditions of Approval
Page 3
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.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
*14. Prior to the issuance of any permits, plans shall be submitted and approved by the Fire
Chief. The following shall be reflected on the plans:
The spray booth shall meet the requirements of the Uniform Fire Code Article
45. This includes but is not limited to a) The door shall be not less than two feet
six inches (2'6 ") by six feet eight inches (6'8 "); and b) The electric equipment
shall be of a type approved for hazardous locations in the appropriate areas.
PLANNING CONDITIONS
15. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
16. Conditional Use Permit No. 94 -10 shall incorporate by reference any applicable
provisions and conditions of Conditional Use Permit No. 76 -10. Any expansion or
modification of the approved use beyond what is approved as part of Conditional Use
Permit No. 94 -10 will require an amendment to the conditional use permit.
17. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
18. 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. * The Renewal of Conditional
Use Permit No. 94 -10 may also be revoked, subject to a public hearing by the City
Council, if all conditions of approval are not completed by the conditioned deadlines.
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Exhibit "A"
Renewal of Conditional Use Permit No. 94 -10
Conditions of Approval
Page 4
19. 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.
20. 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.]
21. Prior to the issuance of any building permits, the property owner shall replace unhealthy
screening trees in the front setback area. A detailed landscape and automatic irrigation
plan shall be submitted to the Community Development Department for review and
approval. In addition, a bond shall be posted with the Public Works Department to
guarantee against defects in plant materials and workmanship. * This condition shall be
satisfied within thirty (30) days of project approval.
22. Unless otherwise specified, all required trees shall be a minimum 15- gallon size and of
a variety approved by the Community Development Director.
23. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
24.
property owner /business owner shall not erect or display on the subject property any
signs which have not been approved in writing by the Community Development Director.
Signs are also subject to the issuance of building permits by the Building and Safety
Division.
25. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. * All exterior storage of construction related materials shall be
removed prior to issuance of the Certificate of Occupancy for the spray painting booth.
26. 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.
27. 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. * Because the subject site is in need of
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Exhibit "A"
Renewal of Conditional Use Permit No. 94 -10
Conditions of Approval
Page 5
surface repair at this time, the asphalt resurfacing of the entire parcel at 5692 Lincoln
Avenue shall be completed within 180 days of project approval.
28. 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.
29. 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.
30. Within forty -eight (48) hours of the approval of the project, the applicant /developer shall
deliver to the Community Development Department a check payable to the "County
Clerk- Recorder" in the amount of Thirty -Eight Dollars ($38.00) County administrative
fee, to enable the City to file the Notice of Determination and Certificate of Fee
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.
31. Prior to the issuance of a business license the operator of the spray paint booth shall
obtain required permits, licenses or certificates from the South Coast Air Quality
Management District.
*32. No onsite storage of customer vehicles for the auto body and restoration business shall
exceed a period of five (5) days. In addition, there shall be no
onsite storage of inoperative vehicles, except customer vehicles during the restoration
process.
33. The owner /operator of the automotive painting and restoration facility shall hereby waive
all relocation benefits possible through any future redevelopment process.
Effective 5/13/96
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