Resolution No. 3172RESOLUTION NO. 3172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86 -32 - 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 for an outdoor aviary housing up to thirty (30) birds
at 5951 Lemon 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:
This zone is intended as an area for single - family,
urban residential development on minimum lot sizes
of 6,000 square feet and maximum densities of 5.0
dwelling units per acre. Only those additional uses
are permitted which are complimentary to, and can
exist in harmony with, a residential neighborhood.
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 applicants have adequately demonstrated a commitment
to maintaining the aviary in sanitary condition at all
times and preventing it from having any negative impacts
on adjacent properties.
(2) The design of the aviary, and the conditions of approval
attached thereto, will ensure that the project will be
compatible with residential uses on adjacent property.
(3) The use is an accessory and subordinate to residential
uses on the subject property.
(4) The use is in conformance with the long -range objectives
of the City as identified in the Land Use Element of
the General Plan.
c. The proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance except for approved
variances or adjustments.
4. The City Council DOES HEREBY GRANT said conditional use permit,
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 8th day of December 1986.
ATTEST:
r,4
CITY CLERK OF{ IHE CITYY OF CYPRESS
MAY OF THE CITY 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 8th day of December 1986, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 1 COUNCIL MEMBERS: Coronado
ABSENT: 0 COUNCIL MEMBERS: None
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 86 -32
1. The total number of birds kept on the property shall not exceed forty
(40) birds. The number of birds kept in the outdoor aviary shall be
limited to a maximum of thirty (30) birds. The number of birds kept
inside the dwelling and /or garage shall not exceed ten (10) birds.
2. Birds which emit loud screeching or squawking noises audible on adja-
cent properties shall be kept indoors.
3. Proper sanitation shall be maintained at all times.
4. Blinds shall be attached to the front of the cage and shall be kept
lowered from 9 p.m. to 8 a.m. daily to minimize noise made by the birds
during evening hours.
5. All birds shall be properly caged at all times.
6. The applicant shall comply with all requirements of the Orange County
Health Department, Animal Control Division; and the California Food and
Agriculture and Fish and Game Departments. The City of Cypress shall
receive copies of the reports prepared by the aforementioned departments.
7. Sales of birds shall not be allowed to constitute a home occupation.
8. After a period of one (1) year, staff shall review this conditional use
permit to ensure compliance with the conditions of approval and to ensure
compatibility with surrounding residential uses. As a result of this
review, the Planning Director may recommend to the City Council that
another public hearing be held regarding continuation, modification or
termination of this permit.
9. Upon receipt of substantiated complaints, this conditional use permit
may be brought back to the City Council for modification or termination.
10. Only parakeets shall be allowed in the outdoor aviary.