Resolution No. 4284RESOLUTION NO. 4284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -2 - 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 as a grocery store located at 5591 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 neighborhood market is consistent with the purpose and
intent of the CG Commercial General Zone.
(2) The subject property contains an existing building with adequate
access and parking upon restiping of the parking lot to provide the minimum
required parking.
(3) The subject market use will be compatible with surrounding uses
to ensure the public health, safety and welfare in that it will not conduct the sale
of alcoholic beverages and, further, the hours of operation will not adversely
impact surrounding uses.
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 -2, 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
152
ATTEST:
CITY CLERK F THE IY 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
TY CLE O T�� HE ITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -2
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 -2 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 -2 will require an amendment to the conditional use permit.
This includes the addition of onsite sale of alcoholic beverages.
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.
• City of Cypress • Community Development Division •
Exhibit "A"
Conditional Use Permit No. 94 -2
Conditions of Approval
Page 2
10. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
11. 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
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.
12. The applicant shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
13. Parking for the handicapped shall be provided in accordance with State requirements.
14. 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.
15. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
16. 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.
17. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
18. 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.
19. 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.
20. 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 •
155
Exhibit "A"
Conditional Use Permit No. 94 -2
Conditions of Approval
Page 3
21. 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.
22. The City Council shall maintain the right to review the market's hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints
be received that the business hours are creating an adverse impact upon neighboring
properties.
BUILDING CONDITIONS
23. 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.
24. An automatic fire sprinkler system, approved by the Fire Marshal, may be installed.
25. 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
26. Prior to the issuance of any building permits, construction details for any controlled entry
access shall be approved by the Fire Chief. These details shall include width, clear
height, and means of emergency vehicle over -ride. Installation of controlled entry access
will have an impact on emergency vehicle response times.
27. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection 2 days in
advance.
B. Locations and classifications of extenguishers 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.
• City of Cypress • Community Development Division •
156
Exhibit "A"
Conditional Use Permit No. 94 -2
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
systems(s) shall be approved by the Fire Department prior to installation.
POLICE DEPARTMENT CONDITIONS
28. North side exterior door should have locking hardware that is designed to be locked from
the exterior, but unlocked from the interior for exiting purposes.
29. North side exterior door shoud have a lighting source illuminating the doorway during
hours of darkness.
30. South side doors (entrance to building) shall remain unlocked during hours of operation
(business).
31. South side exterior doors should have a lighting source illuminating the doorway during
all hours of darkness.
32. Interior of the business should be illuminated during hours of darkness when the business
is closed. (Allows for surveillance of interior by patrolling officers).
33. A floor safe (or other approved safe) should be installed to store monies during business
hours.
REVISIONS AND /OR ADDITIONS
34. 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 •