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HomeMy WebLinkAboutResolution No. 4492 - 394 RESOLUTION NO. 4492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TEMPORARY USE PERMIT NO. 95-17 - 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 temporary use permit in accordance with the provisions of Section 13.1 of the Zoning Ordinance of the City of Cypress to install a temporary office trailer located at 6182 Lincoln Avenue. 2. That the City Council, after proper notice thereof, duly held a hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The proposed location of the temporary 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 to provide approximately 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. b. The proposed location of the temporary 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) Pursuant to Section 13.1, J. Additional uses determined to be similar to the foregoing in the manner prescribed by Section 17.1, "Determination as to Uses Not Listed," may be approved subject to conditions to be prescribed by the planning agency. c. The proposed temporary use will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Temporary Use Permit No. 95-17, 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 12th day of June , 1995. AYOR OF THE CITY OF CY RESS ATTEST: CITY CLERK F THE ITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS - 1 - 395 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 12th day of June , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 7'Wl‘44 CITY CLERK OF TH CITY OF CYPRESS - 2 - 411111111111111111111111111111111111111 396 c, C .. , m a EXHIBIT "A" Temporary Use Permit No. 95-17 6182 Lincoln Avenue CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 et seg. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 2. The developers contractor shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 3. Pursuant to Section 13.1, J., the proposed office trailer shall be removed within ninety (90) days from date of approval of the Temporary Use Permit. 4. Conditions of Conditional Use Permit No. 95-6 shall be complied with within one (1) year from the date of approval of the conditional use permit. 5. Trailer shall be used as an office use only, no residential use is permitted. Violation of this condition shall cause this Temporary Use Permit to be null and void requiring the immediate removal of said office trailer. 6. A bond shall be posted for the removal of the office trailer which shall be used in the event the trailer is not removed after ninety (90) days. 7. The trailer must have state identification tags affixed to the structure. 8. The trailer must be set at least twenty (20') feet from the existing building unless the closest parallel wall is a 1-hour rated wall. Community Development Department Planning Division Exhibit "A" Page 2 3 9 7 Temporary Use Permit No. 95-17 Conditions of Approval 9. The location of the air compressor needs to be indicated on the tenant improvement plans. The applicant shall show the decibel rating of the compressor to show that it will not exceed allowable decibels, or shall demonstrate how the sound would be mitigated to an acceptable level per the Municipal Code. 10. The temporary electrical wiring must comply with the 1990 National Electrical Code. 11. The trailer shall comply with the 1991 Uniform Building Code, 1991 Uniform Plumbing Code and the 1991 Uniform Mechanical Code. Effective 06/12/95 Community Development Department Planning Division