Resolution No. 4737312
RESOLUTION NO. 4737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 96 -16 - 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 operate a specialty
convenience market and delicatessen within an existing 1,260 square foot commercial lease space
located at 5967 Ball Road within the CG Commercial General 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 zone in which the site is
located, which is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 convenience market is consistent with the objectives
of the Cypress Zoning Code and the purpose of the zone in which the subject site
is located.
(2) The proposed convenience market use is compatible with
surrounding commercial and residential uses.
(3) There is sufficient parking onsite to accommodate the proposed
convenience market use.
c. The proposed 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 Conditional Use Permit No. 96 -16, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned
regular meeting held on the loth day of December 1996.
ATTEST:
7°,
MAYOR OF THE CITY OF YPRESS
CI'T'Y CLERK 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 an adjourned regular meeting of the said City
Council held on the 10th day of December , 1996, by the following roll call vote:
AYES:
NOES:
ABSENT:
5
0
0
COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
313
314
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -16
5967 BALL ROAD
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant /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 applicant /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, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
7. All applicable conditions of Conditional Use Permit No. 96 -16 shall be complied with
prior to occupancy of the subject building.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -16
Conditions of Approval
315
Page 2
8. 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.
9. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -16 will require an amendment to the conditional use
permit.
10. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
11. This 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, or materially injurious
to properties or improvements in the vicinity.
12. The applicant shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department.
13. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
BUILDING CONDITIONS
14. 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.
15. Fire Authority Final Inspection Required. Schedule inspection two (2) days in advance.
Phone (714) 527 -9447.
16. Locations and classifications of extinguishers to be determined by the fire inspector.
Effective 12/9/96
• Community Development Department • Planning Division •