Resolution No. 5694 483
RESOLUTION NO. 5694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-5 -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 35, Division 7 of the Zoning Ordinance of the City of Cypress to add 9,076
square feet to an existing retail building located at 6835 Katella Avenue within the PC-1 Planned
Community Business Park Zone.
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 PC-1 Planned Community Business Park
Zone in which the site is located, which is:
Intended as an area for modem industrial/commercial development which
meets the high performance and development standards of the City.
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.
c. The proposed amendment to conditional use 84-5 will comply with each of
the applicable provisions of the Zoning Ordinance.
d. The use, as conditioned, should not have any adverse effects on adjacent
properties, and would serve the public convenience and necessity.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Amendment to Conditional Use Permit No. 84-5, 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 25th day of August, 2002.
.
MAYOR OF THE CITY OF ESS
ATTEST:
lrit. I 4° • 'it%1 • •J
Cf Y CLERK OF T 1 ITY OF CYPRESS
-1-
484
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM-GUERTIN, 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 25th day of August, 2002,by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGill,Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Ilk' elOki Ag"-411.-A2.1
Y CLER OF T'nCITY OF CYPRESS
-2-
485
EXHIBIT "A"
Amendment to Conditional Use Permit No. 84-5
6835 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. Unless and until the project applicant and property owner sign and return a City-provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void.
2. 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 m. - 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All applicable conditions of Amendment to Conditional Use Permit 84-5 shall be complied
with prior to the service of any alcohol sale.
5. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of Forty-Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty-eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void.
COMMUNITY DEVELOPMENT CONDITIONS
6. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 84-5 will require an amendment to the original
conditional use permit.
• Community Development Department•Planning Division •
486
Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 84-5
Conditions of Approval
7. Adult supervision (over 21 years of age) shall be maintained on the business premises
during business hours.
8. This amendment to 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, materially
injurious to properties or improvements in the vicinity.
9. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control (ABC) prior this Amendment to Conditional Use Permit 84-5 becomes
effective.
Effective: 8-25-2003
• Community Development Department•Planning Division •