Resolution No. 4746RESOLUTION NO. 4746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 86 -11 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 place a 1,440
square foot commercial coach for classroom purposes at the rear of the property located at 4321
Cerritos 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 RS -6000 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) dwelling units per acre. Only those additional uses
are permitted that are complimentary to, and can exist in harmony with,
a residential neighborhood.
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 commercial coach will be compatible with the
surrounding uses located in the RS -6000 Residential Single - family Zone.
(2) The proposed commercial coach complies with the policies listed
in the Cypress General Plan and performance standards listed in the Cypress
Zoning Code.
(3) The proposed commercial coach will not impact the existing
parking onsite.
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 Amendment to Conditional Use Permit No. 86 -11, 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 13th day of January , 1997.
MAYOR OF THE CITY OF CYPRESS
347
343
ATTEST:
o\ 4.4,-,-
CITY 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 13th day of January , 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
0_0,,,..., oh . 44...
CITY CLERK OF THE CITY OF CYPRESS
349
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 86 -11
4321 Cerritos Avenue
CONDITIONS OF APPROVAL
Denotes conditions that are specific to this project.
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City
of Cypress.
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 (§ 2100 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.
PLANNING CONDITIONS
3. The developers 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.
4. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
5. All applicable conditions of Amendment to Conditional Use Permit No. 86 -11 shall
be complied with prior to occupancy of the subject structure.
• Community Development Department • Planning Division •
350
Exhibit "A"
Amendment to Conditional Use Permit No. 86 -11
Conditions of Approval
Page 2
6. Any expansion or modification of the approved use beyond what is approved as
part of Amendment to Conditional Use Permit No. 86 -11 will require an
amendment to the conditional use permit.
7. 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.
8. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division
Standards.
9. All product and material storage shall occur within the building. Exterior storage
is specifically prohibited.
10. The City Council shall maintain the right to review the school's hours of operation
and may, subject to a public hearing, limit the school's hours should substantiated
complaints be received that the classrooms are creating an adverse impact upon
neighboring properties.
*11. The applicant shall install a minimum six feet (6') high landscaping screen
between the commercial coach and the parking lot area. A list of the type of
planting material shall be to the satisfaction of the Community Development
Department.
*12. If substantiated complaints are received from the adjacent residential uses
regarding noise from the school or sports related uses, the applicant shall
increase the height of the wall to a height of six feet (6') measured on the church
side. The wall addition shall be subject to approval by the Design Review
Committee.
13. Outside public address speakers, telephone bells, buzzers and similar devices
which are audible on adjoining properties are hereby prohibited.
14. 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, required
under Public Resources Code Section 21152. If, within such forty -eight (48) hour
• Community Development Department • Planning Division •
351
Exhibit "A"
Amendment to Conditional Use Permit No. 86 -11
Conditions of Approval
Page 3
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.
BUILDING CONDITIONS
15. 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.
16. Type 5 cement shall be used for all foundations and slabs on grade.
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10
mil. moisture barrier.
18. A soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, grading, paving, sulfate test and
other pertinent information under good engineering practice.
Effective 01/13/97
• Community Development Department • Planning Division •