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HomeMy WebLinkAboutResolution No. 4842151 RESOLUTION NO. 4842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 94 -9 WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed to amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to remodel the existing Jack in the Box Restaurant located at 5011 Lincoln Avenue within the CH Commercial Heavy Zone and the Lincoln Avenue Redevelopment Project Area. 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 amended conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the CH Commercial Heavy Zone in which the site is located, which is: Intended to provide appropriately 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 amended 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 proposed fast food restaurant exterior improvements are appropriate and consistent with the provisions for the CH Commercial Heavy Zone and the Lincoln Avenue Redevelopment Project Area. (2) The existing restaurant site complies with the development standards for the zone providing minimum parking and landscaping. (3) The related improvements will not be detrimental to the public health, safety and welfare, and will represent an upgrade of the site. c. The proposed amended conditional 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 Amendment to Conditional Use Permit No. 94 -9, 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 1997. MAYOR OF THE CITY 0 F" CYPRESS 152 ATTEST: CI OF THE CITY OF CYPRESS CITY CL RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, 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 , 1997, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Jones CITY CLERK OF THE CITY OF CYPRESS 153 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-9 5011 Lincoln Avenue CONDITIONS OF APPROVAL *Bolded conditions are specific to this project. 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 seq. - 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 developer's 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. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 5. All applicable conditions of Amendment to Conditional Use Permit No. 94 -9 shall be complied with prior to final release of the building permit. 6. Any expansion or modification beyond what is approved as part of this conditional use permit amendment will require an additional amendment to Conditional Use Permit No. 94- 9. • Community Development Department • Planning Division • 154 Exhibit "A" Amendment to Conditional Use Permit No. 94 -9 Conditions of Approval Page 2 PLANNING CONDITIONS *7. All conditions of Conditional Use Permit No. 94 -9 shall apply. *8. A landscape planter shall be installed at the base of the existing pole sign. 9. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. *10. The applicant shall submit a Neon Signage Agreement to the City prior to installation. 11. 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 Thirty -Eight Dollars ($38.00) 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. Effective 8/25/97 • Community Development Department • Planning Division •