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Resolution No. 4183RESOLUTION NO. 4183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 90 -31 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed to amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to convert seven (7) existing commercial /retail lease space units (within one common building) to commercial condominiums located at 6300 -6320 Lincoln Avenue, within the CH /LC Commercial Heavy /Lincoln Avenue Combining 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 amended 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. Additionally, this zone is intended to promote a revitalization of the commercial areas on Lincoln Avenue, and thereby enhance the economic base of the City; to improve the image of the City by providing an aesthetically pleasing environment along Lincoln Avenue; and to expand opportunities for the development of identified deep lots by providing a means for the establishment of a variety of urban uses in conjunction with commercial projects. b. The proposed location of the amended 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 project represents a change to commercial condominium type ownership only. No new construction is proposed with this amendment. (2) The proposed project is compatible with surrounding residential uses. (3) The project complies with all minimum development standards for building setbacks and parking. (4) The project entrance off of Lincoln Avenue provides adequate access and circulation for residents and commercial customers. c. The proposed amended 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 Amendment to Conditional Use Permit No. 90 -31, subject to the conditions attached hereto as Exhibit "A." 1 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of April ,, 1993. A'!"!'EST: r-2/ //AL, CITY CLERK • THE C�'Y OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE SS MAYOR OF THE CI fN-OF CYPRESS 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 26th day of April , 1993, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4, CITY CLER OF TI; CITY OF CYPRESS 2 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT NO. 90 -31 1. The applicant /developer shall comply with all applicable conditions of Conditional Use Permit No. 90 -31 and Amendment to Conditional Use Permit No. 90 -31 prior to occupancy of the commercial building under condominium ownership. 2. The applicant /developer shall comply with all applicable provisions of the 1991 Uniform Building, Plumbing, and Mechanical Codes, the 1990 National Electric Code, the California Administrative Code, Title 24, and the Cypress City Code. 3. The applicant /developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and /or storage and of the South Coast Air Quality Management District for exhaustion of air contaminants. 4. Prior to occupancy of the commercial building under condominium ownership, the applicant /developer shall submit to the Fire Chief evidence of the type of onsite fire hydrant system (public or private). If the system is private, provisions shall be placed in the CC & R's for the repair and maintenance of the system. 5. Prior to occupancy of the commercial building under condominium ownership, the applicant /developer shall submit to the Fire Chief underground water plans for any automatic fire sprinkler systems. If the sprinkler system is shared, or connected between occupants, provisions shall be placed in the CC &R's for the repair and maintenance of the system. 6. The applicant /developer shall submit an irrevocable offer of dedication to the City for seven feet (7') of additional right -of -way across the entire street frontage to attain ultimate right -of -way. In conjunction with the offer of dedication, the applicant/ developer shall post bonds guaranteeing the construction of all future improvements at the ultimate right -of -way location. Effective 4/12/93