Resolution No. 4747352
RESOLUTION NO. 4747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
EXTENSION OF CONDITIONAL USE PERMIT NO. 95 -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 in accordance with the provisions of Section 17.2
of the Zoning Ordinance of the City of Cypress to allow a one (1) year extension of Conditional
Use Permit No. 95 -9 for the construction of a 4,622 square foot, two story single - family
residence located at 8721 Acacia Drive within the RS- 15,000 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 Zone in which the site is
located, which is:
Intended as an area for single- family residential estates with minimum lot
sizes of fifteen thousand (15,000) square feet and maximum densities of
two and five tenths (2.5) 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 project complies with the General Plan and Zoning
Ordinance which it is located except for approved variances.
(2) The one (1) year extension of the conditional use permit will not
adversely impact the area nor the proposed project.
(3) There exists sufficient infrastructure to accommodate the
construction of this single - family residence.
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 Extension of Conditional Use Permit No. 95 -9 until August 14,
1997, 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 13th day of January , 1997.
ATTEST:
net 4.,_.:0,
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
AYOR O
AYOR OF THE CITY OF CYPRESS
353
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 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
CITY CLERK OF THE CITY OF CYPRESS
354
EXHIBIT "A"
EXTENSION OF CONDITIONAL USE PERMIT NO. 95 -9
8721 Acacia Drive
CONDITIONS OF APPROVAL
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 sec . - 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. All applicable conditions of Conditional Use Permit No. 95 -9 shall be complied with
prior to occupancy of the subject building.
4. 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 01/13/97
• Community Development Department • Planning Division •