Resolution No. 4310260
RESOLUTION NO. 4310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -8 - 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 establish a
contractor's storage yard located at 8911 Electric Street, in the Lincoln Avenue Redevelopment
Project Area and the ML -10000 Industrial Light 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 light industrial and limited service commercial
uses that can meet high performance standards but that frequently do not
meet site development standards appropriate to planned research and
development of industrial parks.
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 proposed location of Conditional Use Permit No. 94 -8,
contractor's storage yard, is in accord with the objectives of the
zone in which the site is located because conditions have been
imposed to regulate and ensure compliance with the City of
Cypress Zoning Code and pertinent regulatory agencies issuing
required permits.
(2) The proposed location of the contractor's storage yard and
conditions under which it would be operated or maintained will not
be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity since the
project is proposed in an area zoned light industrial and there are
existing contractor's storage yards within the 300 foot
radius measurement.
(3) The proposed contractor's storage yard complies with the City of
Cypress General Plan Land Use criteria in that the consideration
of a contractor's yard is an allowable land use within the zone.
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 -8, 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 23rd day of May , 1994.
261
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 THE TY 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 23rd day of May 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 OF THETITY OF CYPRESS
262
EXHIIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -8
CONDITIONS OF APPROVAL
BUILDING DEPARTMENT
1. The installation of a guard trailer shall require a Building Permit.
2. The use of temporary electrical poles and all other electrical hook -ups shall require
Building Department permits and inspections.
3. Lot must drain with a minimum 2% slope toward street.
4. No material shall be stored against the north wall of the subject site.
5. Waterproofing material shall be installed on the north wall of the property or allow the
adjacent owner to install such waterproofing to the satisfaction of the City of Cypress.
6. Should the applicant want to construct a permanent office structure, a soils report must
be provided.
7. 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.
8. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
9. 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.
10. Type 5 cement shall be used for all foundations and slabs on grade.
11. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
12. Applicant /developer shall use fire retardant wood shingles /shakes for the roof, if
applicable.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional. Use Permit No. 94 -8
Conditions of Approval
Page 2
13. A soil investigation report shall be submitted with the plans for plan check. The report
shall include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
14. Prior to issuance of Building Department permits, applicant shall provide verification of
a valid contractor's license.
FIRE DEPARTMENT
15. Prior to the issuance of any building permits, an Orange County Fire Department Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Department. If sufficient water to meet fire flow requirements is
not available, an automatic fire extinguishing system shall be installed in each structure.
POLICE DEPARTMENT
16. Any and all valuable metals (including discarded material pieces) should be stored in
containers that are provided with heavy duty locking hardware.
17. Any and all flammable materials must be properly stored. All storage units must be
marked such that the nature /type of the flammable materials can be determined from
outside the storage units.
18. The gate(s) at each entrance to the property should be secured with appropriate locking
hardware during all non - business hours.
19. The address to the property must be clearly visible and legible from the street (day and
night hours).
PLANNING DEPARTMENT
20. Landscaping shall be installed within the ten foot (10') setback area pursuant to Section
11.3 A.
21. Landscaping shall be installed and maintained in a neat, healthy, weed -free condition and
in accordance with City of Cypress Zoning Code Section 23. Landscaping.
22. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
23. All applicable conditions of Conditional Use Permit No.94 -8 shall be complied with prior
to occupancy of the subject building.
• Community Development Department • Planning Division •
264
Exhibit "A"
Conditional Use Permit No. 94 -8
Conditions of Approval
Page 3
24. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -8 will require an amendment to the conditional use
permit.
25. Conditional Use Permit No. 94 -8 shall be subject to modification or revocation 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, or in
violation of any State or Local laws or any condition proposed or any condition of
approval.
26. Onsite security lighting shall be arranged so direct rays will not shine on adjacent
properties or produce glare for street traffic.
27. Parking for the handicapped shall be provided in accordance with State requirements.
28. All walls, fences, and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the onsite or adjacent
properties' structure integrity or appearance.
30. 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
containers /trash enclosures.
31. No structure permanent or temporary shall encroach into the ten foot (10') front setback.
32. The use of temporary storage containers shall be reviewed and approved for use on a
annual basis, subject to the conditions imposed by Conditional Use Permit No.94 -8.
33. Landscaping and irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscape areas.
34. Outdoor storage areas shall be entirely fenced with material not less than six feet (6') in
height. Those areas visible from a public street shall be adequately screened by masonry
walls or a substitute acceptable to the Planning Director.
35. All provisions of Section 11.3. Performance Standards Industrial Zones shall apply.
36. Any radioactive materials are strictly prohibited at 8911 Electric Street pursuant to
Conditional Use Permit No. 94 -8.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -8
Conditions of Approval
Page 4
37. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be performed under the development executed by the Named
Insured and City, including any act or omission of employees, agents, subcontractors,
or their employees. Such certificate shall have a thirty (30) day cancellation notice to
the City of Cypress.
38. 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.
39. 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.
REDEVELOPMENT AGENCY
40. Applicant shall provide the maximum amount of landscaping provided for under the Code
of the City of Cypress.
41. Screening should be provided by either a block wall or landscaping or both.
42. All physical aspects of the property shall be attractive in appearance and be maintained
in safe and sound condition.
• Community Development Department • Planning Division •
266
Exhibit "A"
Conditional Use Permit No. 94 -8
Conditions of Approval
Page 5
WASTE /RECYCLING MANAGEMENT
43. Applicant shall obtain and maintain at all times thereafter any applicable valid solid waste
permit from the County of Orange Environmental Health Department, Solid Waste Local
Enforcement Agency, 2009 E. Edinger Avenue, Santa Ana, CA 92705.
44. Should the applicant choose not to use Briggeman for waste disposal. McCarty
Excavation shall be considered a self - hauler and will be required to deposit solid waste
only at licensed landfill sites, recycling or green waste composing facilities. Applicant
shall not operate Conditional Use Permit No. 94 -8 in any manor which would be in
violation with the City's exclusive solid waste or recycling franchise agreement with
Briggeman Disposal or any successor thereof.
45. Conditional Use Permit No.94 -8 shall not allow the collecting of materials from
construction sites, McCarty Excavation may not be paid to collect, process, recycle,
transport or dispose of waste generated by Cypress residents or businesses.
46. Storage containers shall be concealed from public view.
47. Hours of operation for Conditional Use Permit No.94 -8 shall be limited from 5 a.m.
until 6 p.m. Monday through Friday and 7 a.m. until 6 p.m. Saturday.
ADDITIONAL CONDITION
48. No separation of materials shall be permitted onsite. Only material storage shall be
permitted onsite.
Revised 5/9/94
• Community Development Department • Planning Division •