Resolution No. 4349379
RESOLUTION NO. 4349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
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 spray paint booth and to bring an existing nonconforming RV storage yard located
at 5692 Lincoln Avenue 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 is:
Intended to provide appropriately located areas for establishments 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) The spray paint booth 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 be visible from adjacent properties
to ensure no aesthetic impacts. It's operation will also be subject to compliance
with the City of Cypress Noise Ordinance.
(3) The existing RV storage business will continue to be operated as
one 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.
(4) 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 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. 94 -10, 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 8th day of August, 1994.
diry A 0l R OF THE C TY OF CYPRESS
(Mayor Pro Tem)
380
ATTEST:
CI CLERK OF THE k "ITY 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 8th day of August , 1994, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Partin
CITY CLERK OF THWCITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -10
CONDITIONS OF APPROVAL
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 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 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, shall be required.
4. 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.
5. Type 5 cement shall be used for all foundations and slabs on grade.
6. All new 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 an 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 Use and Occupancy, due to the lack of access and
possible lack of fire flow requirements for a fire hydrant.
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.
• Community Development Department • Planning Division •
382
Exhibit "A"
Conditional Use Permit No. 94 -10
Conditions of Approval
Page 2
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 Department 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 Department
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, 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 Department 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.
13. 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.
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.
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:
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -10
Conditions of Approval
Page 3
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.
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.
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 Planning 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.
22. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -10
Conditions of Approval
Page 4
23. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
24. The existing pole sign frame in the front setback area shall be removed. A new sign
may be installed subject to review and approval by the Design Review Committee. The
property owner /business owner shall not erect or display on the subject property any
signs which have not been approved in writing by the Planning Department. 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 a building. Exterior storage is
specifically prohibited.
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.
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 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
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of 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.
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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -10
Conditions of Approval
Page 5
32. No onsite storage of customer vehicles for the spray paint booth business shall exceed
a period of twenty -four (24) hours. In addition, there shall be no onsite storage of
inoperative vehicles.
Effective 8/8/94
• Community Development Department • Planning Division •