Resolution No. 4283RESOLUTION NO. 4283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -1 - 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 reuse an existing
structure for an auto repair business located at 5501 Ball Road, 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 as an area for the location of retail and wholesale commercial
activities.
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 subject auto repair business is consistent with the purpose and
intent of the CG Commercial General Zone.
(2) The subject property is currently designed with adequate driveway
access and an existing building suitable for the intended use. The parking lot will
be restriped to provide the minimum required parking.
(3) To ensure public health and safety and ensure a visually attractive
site, the applicant shall comply with all regulations of the South Coast Air Quality
Management District, Orange County Fire Department and all conditions of
approval imposed.
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 -1, 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 14th day of March , 1994.
MAYOR OF THE CITY OF CYPRESS
146
ATTEST:
dm
CITY CLERK 0 THE 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 14th day of March 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
CITY CLERK OFT CITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -1
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT CONDITIONS
1. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
2. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
3. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 94 -1 shall be complied with prior
to occupancy of the subject building.
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -1 will require an amendment to the conditional use permit.
7. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
8. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
9. 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.
10. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff. Commercial
• City of Cypress • Community Development Division •
148
Exhibit "A"
Conditional Use Permit No. 94 -1
Conditions of Approval
Page 2
or industrial developments which adjoin residentially zoned areas shall construct noise
bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the
satisfaction of City staff.
11. The applicant shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
12. Parking for the handicapped shall be provided in accordance with State requirements.
13. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least thirty (30) days prior to issuance of a
Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
14. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
15. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Design Review Committee approval prior to any signing installation.
The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Planning Department.
16. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
17. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
18. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
19. 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.
20. 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, weeds or raised areas.
21. 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.
• City of Cypress • Community Development Division •
Exhibit "A"
Conditional Use Permit No. 94 -1
Conditions of Approval
Page 3
22. 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.
23. 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.
24. Prior to the issuance of a Certificate of Use and Occupancy, the applicant shall submit to
the Planning Department an auto repair business operation and maintenance plan. This
plan shall be consistent with the Best Management Practices required by the Orange
County Drainage Area Management Plan.
BUILDING DEPARTMENT CONDITIONS
25. 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.
26. An automatic fire sprinkler system, approved by the Fire Marshal, may be installed.
27. 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 DEPARTMENT CONDITIONS
28. 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.
29. 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
• City of Cypress • Community Development Division •
150
Exhibit "A"
Conditional Use Permit No. 94 -1
Conditions of Approval
Page 4
gases. These liquids 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.
30. This use shall not be allowed in a B2 occupancy. Classification shall be a B1 /H4
occupancy.
POLICE DEPARTMENT CONDITIONS
31. All sliding bay doors must be locked from the interior only.
32. All other exterior doors shall have locking hardware designed to be locked from the
exterior, but unlocked from the interior for exiting purposes.
33. During the hours of darkness, the access doors will have a lighting source illuminating
the doorways.
34. It is highly recommended that the bay areas (repair work area) have illumination during
hours of darkness, allowing the interior to be observed during nighttime hours.
REVISIONS AND /OR ADDITIONS
35. Prior to the issuance of Building Permits for the freestanding sign, the sign plan shall be
submitted to the City Council for review and approval.
Revised 2/28/94
• City of Cypress • Community Development Division •