Resolution No. 2610168
RESOLUTION NO. 2610
A RESOLUTION OF THE CITY COUNCIL OF TIIE
CITY OF CYPRESS SUMMARIZING THE STATE
PLANNING ACT AND CITY OF CYPRESS ZONING
ORDINANCE NO. 640 REQUIREMENTS FOR THE
PROCESSING OF CONDITIONAL USE PERMITS.
WHEREAS, the City of Cypress is mandated by the California Government
Code Section 65,000, et seq, Title 7 "Planning and Zoning Law" to adopt
local zoning regulations which include the purposes, processing and
necessary findings to be made for the approval of conditional land use
permits, and;
WHEREAS, the City Council of the City of Cypress has adopted
Ordinance No. 640, the Zoning Ordinance of the City of Cypress, which
mandates the purpose, processing, conduct of a public hearing, staff
investigation of, action by the Planning Agency and necessary findings
which must be made prior to the granting of a conditional use permit; and
WHEREAS, because of their unusual characteristics, conditional uses
require special consideration so that they may be located properly with
respect to the objectives of the zoning regulations and with respect to
and effects on surrounding properties. In order to achieve these purposes,
the Planning Agency is empowered to grant and to deny applications for
use permits for such conditional uses in such zones as are prescribed
in the zoning regulations and to impose reasonable conditions upon the
granting of a conditional use permit; and
WHEREAS, the City Council, acting as the Planning Agency, shall hold
at least one public hearing for a conditional use permit, at which hearing
the Agency shall review the application and drawings submitted therewith
and shall receive pertinent evidence concerning the proposed use and pro-
posed conditions under which the use would be operated or maintained; and
WHEREAS, the Community Development Director shall make an investi-
gation of the application and prepare a report thereon which shall be
submitted to the Planning Agency and made available to the applicant prior
to the public hearing; and
WHEREAS, the Planning Agency shall act on a conditional use permit
application and may grant by Resolution a conditional use permit as the
permit was applied for or in a modified form, or the application may be
denied. A conditional use permit may be revocable, may be granted for a
limited period of time, or may be granted subject to such conditions as
the payment of drainage fees, requiring special yards, open spaces,
buffers, fences, and walls; requiring installation and maintenance of
landscaping; requiring street dedications and improvements; regulation
of points of vehicular ingress and egress; regulation of traffic circu-
lation; regulation of signs; regulation of hours of operation and methods
of operation; control of potential nuisances; prescribing standards for
maintenance of buildings and grounds; prescription of development schedules
and development standards; and such other conditions as the Agency may deem
necessary to insure compatibility of the use with surrounding developments
and uses and to preserve the public health, safety and welfare. A con-
ditional use permit may grant variances to the regulations prescribed by
the Zoning Ordinance for fences, walls, hedges, screening, and landscaping;
site area, width and depth; front, rear, and sideyards; coverage; height
of structures; distances between structures; usable open space, signs;
off-street parking facilities, or frontage on a public street for which
variance procedures are prescribed; and
WHEREAS, prior to the granting of a conditional use permit by the
Planning Agency, certain findings must be made which include that the pro-
posed 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; that the proposed location of the conditional use and the con-
ditions under which it would be operated or maintained will not be detri-
mental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity; and that the proposed con-
ditional use will comply with each of the applicable provisions of the
Zoning Ordinance, except for approved variances; and
WHEREAS, it is the policy of the Planning Agency/City Council to only
approve those conditional uses which are not detrimental to adjoining
properties which include residential home owners whose health, safety and
welfare could be adversely impacted if the use permit is not adequately
conditioned to eliminate or reduce adverse impacts on the surrounding
community; and
WHEREAS, the Planning Agency/City Council may deem it necessary to
instruct City staff to conduct meetings between a conditional use permit
proponent and adjoining residential or business property owners, thereby
showing good faith and making every effort to satisfy the owner's concerns
yet allow the proponent to conduct his business.
NOW, THEREFORE, BE IT RESOLVED that the Cypress City Council, acting
as the Planning Agency for the City of Cypress, does hereby adopt this
Resolution as a policy statement for the purpose and processing of con-
ditional use permits in the City of Cypress pursuant to the State Planning
and Zoning Laws and City of Cypress Zoning Ordinance.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting on the 14th day of February 1983.
ATTEST:
CITY 611R[ 444-'11 CIyt OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
74(<
CITY 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 14th day of February 1983, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Partin
CITY CLERK
2
THE CYTY OF CYPRESS
169