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
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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
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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