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Resolution No. 3735RESOLUTION NO. 3735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -5 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 private school at the former Oxford School site located at 5172 Orange Avenue. 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 to permit adequate identification of areas reserved and developed for public uses other than street rights -of -way, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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 purpose of the zone in which the site is located, as this site was an approved school use in the Public Semi - Public 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 same use is being proposed. (3) The proposed conditional use will comply with each of the applicable provisions of this ordinance, and comply with the terms of the City of Cypress lease agreement. 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. 90 -5, 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 April, 1990. OF Y CI THE c YO R OF CYPRESS ATTEST: CITY CLERK F 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 April, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK THE CITrY OF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -5 CONDITIONS OF APPROVAL 1. Scheduling of the playing fields shall be controlled by the Cypress Recreation and Park District. 2. Any expansion of the proposed use beyond what is approved as part of Conditional Use Permit No. 90 -5 (maximum 700 students or the retaining of modular units after full use of the facility by the Christian school) will require an amendment to the Conditional Use Permit. 3. 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. 4. Conditional Use Permit No. 90 -5 is subject to, and not to be effective until, completion of lease negotiations and execution of the lease documents by both parties. 5. Parking resurfacing and modification are subject to approval by Public Works and Planning Departments. 6. Sports fields and available parking shall be available to Department of Parks and Recreation from the hours of 4:00 p.m. till sunset weekdays and entire weekends, unless modified by the Department of Parks and Recreation. 7. Interior and exterior modifications are subject to prior approval from the Planning and Building Departments. 8. Modular Classrooms must comply with the California State Title 24 Handicapped Accessibility Regulations. 9. All construction work to be done with benefit of Building Permits and inspections unless waived by the Building Official. 10. Applicant shall be bound by and abide by the conditions set forth in this Conditional Use Permit throughout the term of the lease or any extension thereof. 11. This Conditional Use Permit. No. 90 -5 shall terminate upon termination of lease. RC/