Resolution No. 4385RESOLUTION NO. 4385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -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 allow a machine
shop use within an existing industrial building located at 10543 Progress Way, in the BP- 20,000
Business Park 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 as an area for modern industrial /commercial development which
meets the high performance and development standards of the City of
Cypress.
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) Conditions of approval have been imposed to regulate and insure
compliance with the City Code of the City of Cypress and with requirements of
other pertinent regulatory agencies issuing required permits.
(2) The proposed machine shop location is within an area zoned for
industrial development and the subject property is surrounded by other similar
industrial uses within the same zone.
(3) Sufficient parking and circulation is provided onsite for the
machine shop use in compliance with the provisions contained in the Cypress
Zoning Ordinance.
(4) Sufficient access is provided to the subject property via Progress
Way.
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 Conditional Use Permit No. 94 -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 26th day of September , 1994.
MAYOR OF THE CITY OF CYPRESS
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ATTEST:
CITY CLERK HE CrITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 September , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY LE OF THE CITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -17
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. The applicant/developer shall comply with all provisions of the City Code of the City of
Cypress.
2. All requirements of the Orange County Fire Marshal's Office and the Cypress Building
and Safety Department shall be satisfied prior to commencement of the business operation.
3. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
4. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -17 will require an amendment to the conditional use
permit.
5. 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.
6. If not already provided, wheelchair and handicap access facilities shall be installed onsite
and offsite in accordance with State of California and City of Cypress Building
Department Standards.
7. Parking for the handicapped shall be provided in accordance with State requirements.
8. Plans for building and /or freestanding monument signs shall be submitted for Planning
Department approval prior to any signing installation. No signs shall be erected or
displayed on the subject property which have not been approved in writing by the
Planning Department.
9. All business activity shall occur within the building.
10. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
11. The business shall comply with the provisions of the City Noise Ordinance with regard
to outdoor audible noise levels.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -17
Conditions of Approval
Page 2
12. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
13. 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.
14. 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.
15. The use of the machine shop's punch press machine shall be limited to five (5) days per
month. The City Council shall maintain the right to review the operation of the punch
press machine and may, subject to a public hearing, revoke permission to operate any high
compression machinery should substantiated complaints be received that the compression
action of the machines is causing ground vibrations on other properties in the vicinity.
16. The City Council shall maintain the right to review the machine shop's hours of operation
and may, subject to a public hearing, limit the hours of equipment operation should
substantiated complaints be received that the hours of equipment operation are creating
an adverse impact upon neighboring properties.
17. 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 (§ 2100 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.
18. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Planning 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 Fish and Game Code Section 753.5, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -17
Conditions of Approval
Page 3
Regulations. If, within such forty -eight (48) hour period, the applicant/developer has not
delivered to the Planning Department the check required above, the approval for the
project granted herein shall be void.
BUILDING CONDITIONS
19. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, and Title 24.
20. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
FIRE CONDITIONS
21. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for the building. This will be used to determine the occupancy
classification.
22. Prior to the issuance of any building permits, contact the Orange County Fire Department
Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a "Hazardous Materials
Business Information and Chemical Inventory Packet ". This shall be completed (detailing
chemical quantities to be located in the building) and submitted to the Fire Chief before
the issuance of any building permits.
23. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821 -7850.
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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -17
Conditions of Approval
Page 4
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 Department prior to installation.
Effective 9/26/94
• Community Development Department • Planning Division •