Resolution No. 4056RESOLUTION NO. 4056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 92-1 - 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 establish
"Purrfect Auto Service," a lube and tune commercial business at 9060 Walker Street
located in the (CG) Commercial General Zone and the Lincoln Avenue Redevelopment
Project Area.
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. In addition, this area has been designated as a Redevelopment
Project Area.
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 the conditional use is in accord with the
objectives of this ordinance and the intent of the land use classification in that
the project is able to meet the development standards for this zone.
(2) 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 materially injurious to properties or
improvements in the vicinity, because the proposed placement of the structure
should reduce any adverse noise and reduce the visual impact.
(3) The proposed project meets the intent of the Commercial General
Zone in that the proposed use is considered appropriate for the zone.
(4) The proposed conditional use will comply with each of the
applicable provisions of this ordinance in that the project exceeds the required
parking and the required percentage of landscaping.
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. 92 -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 23rd day of March , 1992.
MAYOR OF THE CITY OF CYPRESS
1
46
ATTEST:
CITY'CLERK 0 THE PETTY OF CYPRESS
STATE OF CALIFORNIA SS
COUNTY OF ORANGE
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 March , 1992, 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
2
ICCI LER F THE kTY OF CYPRESS
47
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-1
CONDITIONS OF APPROVAL
1. Under no circumstances shall vehicles remain overnight awaiting service. Failure to
comply with Conditional Use Permit No. 92 -1 shall violate the conditions of
approval and initiate revocation proceedings by the City Council.
2. Any vehicle stored overnight shall be towed away at the expense of the property
owner and /or the owner of the vehicle, pursuant to Vehicle Code Section 22658.
3. No major automotive repairs shall be permitted on the subject property other than
lube and tune service such as, oil changes, tune -ups using equipment normally
associated with this use.
4. Any request to expand, modify, or alter the automotive services offered to
customers other than "Lube and Tune" shall require an amendment to Conditional
Use Permit No. 92 -1.
5. The finished height of the building shall not exceed the proposed height of nineteen
feet ten inches (19' 10 ") measured from the adjacent south property's existing grade.
6. Should unforeseen circumstances necessitate a change of more than twelve inches
(12 ") in the finished grade from the existing natural grade of the subject property,
the applicant must amend Conditional Use Permit No. 92 -1.
7. Should the City receive substantiated complaints regarding this automotive use or
complaints pertaining to the operation of this business, the City Council reserves the
right to reopen the public hearing on Conditional Use Permit No. 92 -1 and modify
or revoke said conditional use permit.
8. No heavy automotive or noise equipment, other than an air compressor, shall be
operated on the subject property.
9. The developer shall conform to all applicable provisions of the City Code.
10. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in
ink on Mylar, signed by a registered California civil engineer and using actual grades
from an Orange County Surveyor's Benchmark, shall be submitted for approval. A
topographic map of the area surrounding this development shall be made to
establish existing drainage flow patterns. If the existing natural flow of any
adjoining parcel is across the land of this development, a drainage easement shall be
granted and drainage facilities provided for that property to the satisfaction of the
City Engineer. All onsite drainage conveyed to the street shall be by means of an
undersidewalk drain. All lots shall have a slope gradient of one percent (1 %)
minimum in landscape areas. In parking areas, AC shall have a minimum slope
gradient of one and one -half percent (1.5 %) or as approved by the City Engineer,
and concrete shall have a minimum slope gradient of two- tenths percent (.2%).
Exhibit "A"
Conditional Use Permit No. 92 -1
Conditions of Approval
Page 2
11. A minimum eight foot (8') high block wall, measured from the highest adjacent
finished grade, shall be constructed and /or maintained along the east and south
property lines. All property lines shall have a single block wall only and the
developer shall obtain, and submit to the City, the written permission or denial of
the adjacent property owner(s) for the removal of their existing block walls. Where
an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls.
A retaining wall per City standards shall be constructed at the property line where
the finished grade difference is greater than twelve inches (12 "). A six-inch (6 ")
concrete curb shall be constructed per City standards to protect all block walls and
structures exposed to vehicular traffic.
12. The developer shall provide adequate "No Parking" controls within the development
and appropriate "No Parking - Fire Lane" signs shall be installed to the satisfaction
of the County Fire Marshal. Onsite traffic circulation shall be subject to the
approval of the City Engineer.
13. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works and Building
Department standards.
14. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Coloney, Inc. (Phone: (714) 826-
8680) for specifications and procedures for prewire of the building and installation
of the service wiring. Necessary permits shall be obtained at the City.
15. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced
to the satisfaction of the City Engineer.
16. Walker Street and Bishop Street shall be dedicated and fully improved with curb,
gutter, sidewalk, driveway, paving, etc., in accordance with the City's Master Plan of
Streets. The corner cutoff shall be dedicated to the City of Cypress for roadway
purposes.
17. The quantity, location, width, and type of driveways shall be subject to the approval
of the City Engineer. An effective sight distance for vehicular traffic shall be
maintained at the intersection of the driveway entrances with Bishop Street. No
landscaping in excess of three feet (3') high will be allowed in the area of the curb
returns. Adequate sight distance also shall be maintained within the development
at all driveway intersections to the satisfaction of the City Engineer.
18. All utility services shall be underground. Trenching and backfill in streets shall be
per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In
City streets, lateral open cuts spaced within twenty feet (20') of each other shall be
covered with a one inch (1 ") continuous A.C. cap.
19. Street signs and traffic signs shall be installed per City Standards.
41
Exhibit "A"
Conditional Use Permit No. 92 -1
Conditions of Approval
Page 3
20. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the
property line.
21. For Public Works landscaping area, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee
against any defects in plant materials and workmanship. A soils report for all
planting areas, prepared by a qualified agricultural laboratory, shall be submitted to
the Public Works Department for approval at least thirty (30) days prior to planting
date. Test results shall include concentration of nitrogen, phosphorus, potassium,
ph, salinity, sodium, status, and boron saturation extract.
22. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Engineering Plan Checking and Inspection Fee (Per Resolution 2964).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3,
Resolution 303).
- Grading Plan Check and Permit (Per Resolution 2964 and 3662).
- All applicable Building Department Fees.
23. The applicant /developer shall comply with all provisions of the City Code.
24. All applicable conditions of Conditional Use Permit No. 92 -1 shall be complied with
prior to occupancy of the subject building.
25. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
26. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
27. 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.
28. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
29. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 92 -1 will require an amendment to the conditional
use permit.
30. Wheelchair and handicapped access facilities shall be installed on -site and offsite in
accordance with State of California and City of Cypress Public Works and Building
Department standards.
43 Exhibit "A"
Conditional Use Permit No. 92 -1
Conditions of Approval
Page 4
31. 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.
32. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
33. 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 prior to actually painting the structure.
34. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
35. 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.
36. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
37. Parking for the handicapped shall be provided in accordance with State
requirements.
38. A detailed landscape and automatic irrigation plan shall be submitted to the
Planning Department for review and approval at least sixty (60) 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.
39. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
40. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in
size, shall be installed along all property lines where necessary to retain the
landscape planters until adjoining properties are developed.
41. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
42. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
43. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
44. 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.
t
vl
Exhibit "A"
Conditional Use Permit No. 92 -1
Conditions of Approval
Page 5
45. 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.
46. 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.
47. 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.
48. Applicant /developer shall comply with applicable provisions of the 1988 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
49. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
50. 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.
51. Type 5 cement shall be used for all foundations and slabs on grade.
52. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
53. A soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, gradin ,g, paving, sulfate test and
other pertinent information under good engineering practice.
54. 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.
55. The business hours of operation and /or commencement of service of vehicles
belonging to the public or vehicles of employees shall only be serviced beginning at
8 a.m. and ending at 6 p.m., from Monday through Saturday only.
Revised 3/9/92