Resolution No. 4865233
RESOLUTION NO. 4865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
THE MODIFICATION OF CONDITION NO. 20 OF CONDITIONAL USE PERMIT NO.
87 -7.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to modify a condition of a conditional use permit in
accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to
allow the modification of Condition No. 20 of Conditional Use Permit No. 87 -7 located at 5721
Lincoln Avenue within the CH Commercial Heavy Zone and the Lincoln Avenue Redevelopment
Project Area.
2. That the City Council, approved the Design Committee recommendation to
modify Condition No. 20 of Conditional Use Permit No. 87 -7 on said application as provided by
law.
3. That the City Council hereby finds that:
a. The proposed modification of Condition No. 20 of Conditional Use Permit
No. 87 -7 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 as an area 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 modification of Condition No. 20 to replace the approved
Cupressocyparis Leylandii trees with Callistemon Citrinus will not adversely alter
the intent of the condition, which is to screen the commercial center from the
residential zone to the north of the subject site.
(2) All other original conditions of Conditional Use Permit No. 87 -7
shall be applicable as originally approved by City Council.
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 the modification of Condition No. 20 of Conditional Use Permit
No. 87 -7, 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 27th day of October , 1997.
Y(1
MAYOR OF THE CITY OF CYPRESS
234
ATTEST:
V\
__CD-Ii9-el-:.---
CITY LERK OF THE CITY OF CYPRESS
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 27th day of October , 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
*t,..s.._. o .RK OF
CITY THE
CITY OF CYPRESS
235
EXHIBIT "A"
Modification to Conditional Use Permit No. 87 -7
5721 Lincoln Avenue
CONDITIONS OF APPROVAL
1. 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)
2. Condition No. 20 of the original Conditional Use Permit No. 87 -7 shall be modified to read:
"The landscape and irrigation plan shall include twenty -four inch (24') box Callistemon
Citrinus trees, eight -foot (8') on center, to buffer adjacent residences from the commercial
development. The Callistemon Citrinus trees shall be planted to replace the diseased
Cupressocyparis Leylandii trees by December 31, 1997 ".
3. All other original conditions of Conditional Use Permit No. 87 -7 shall remain.
Effective 10/27/97
• Community Development Department • Planning Division •