Resolution No. 4848167
RESOLUTION NO. 4848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -8 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 17.2 of the Zoning Ordinance of the City of Cypress to create a second unit
( "Granny Unit ") located at 5791 Lemon Avenue within the RS -6000 Residential Single - Family
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 residential Zone in which the
site is located, which is:
Intended as an area for single - family, urban residential development on
minimum lot sizes of six thousand (6,000) square feet and maximum
densities of five (5.0) dwelling units per acre.
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
in that:
(1) The proposed location of the conditional use is in accord with the
objectives of the ordinance and the purpose of the zone in which the site is located
in that the proposed use is a residential use and will be located on a residentially
zoned property.
(2) The proposed conditional use will comply with each of the
applicable provisions of this ordinance and all applicable State laws.
(3) That sufficient parking area will be provided onsite.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 97 -8, 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 8th day of September , 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
cf\LikA oc\.
CITY CLERK OF THE CITY OF CYPRESS
168
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 8th day of September , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
fet;-4-'4^— OP\ • 44A—, 4.1
CITY CLERK OF THE CITY OF CYPRESS
169
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 97 -8
5791 Lemon Avenue
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Bolded Conditions are those specific to this project.
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 semc . - 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. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
4. The applicant shall obtain a building permit from the Cypress Building Division prior to
installation of the cooking facilities.
5. All requirements of the Orange County Fire Marshal's Office and the Cypress Building
and Safety Division shall be satisfied prior to installation of the cooking facilities.
6. In the event the unit no longer is used as a granny unit, the unit may not be utilized for rental
purposes other than by a person 62 years of age or older.
• Community Development Department • Planning Division •
170
Exhibit "A"
Design Review Committee Permit No. 97 -12
Conditions of Approval
Page 2
7. Within forty -eight (48) hours of the approval of the 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 Determination required under Public Resources Code Section 21152. 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.
8. Prior to final sign off of the building permit for the installation of the cooking facilities, a
deed restriction shall be filed noticing this unit as a granny unit, which may not be utilized
for rental purposes other than by a person 62 years of age or older.
Effective 9/8/97
• Community Development Department • Planning Division •