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Resolution No. 4754RESOLUTION NO. 4754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A ONE (1) YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 91 -3, AMENDMENT NO. 2 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed to extend a conditional use permit for a period of one (1) year, in accordance with the provisions of Section 17.2 -9.B of the Zoning Ordinance of the City of Cypress to allow the addition of an additional 3.5 acre parking lot with maintenance building, adjacent to an existing church and school facility located at 5100 Cerritos Avenue within the PS Public and Semi - public 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 PS Zone in which the site is located, which is: Intended to permit adequate identification of areas reserved and developed for public uses other than street rights -of -way, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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 time extension does not change the original findings for approval of Conditional Use Permit No. 91 -3, Amendment No. 2. (2) As conditioned, approval of the extension of the permit to construct the subject parking lot will facilitate the completion of exterior site improvements which are in compliance with current applicable City Codes and policies, and which will upgrade the aesthetics while providing additional parking capacity on the subject property. 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 the Extension of Conditional Use Permit No. 91 -3, 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 January , 1997. MAYOR OF THE CITY OF CYPRESS ATTEST: 381 382 Li i ok 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 a regular meeting of the said City Council held on the 27th day of January , 1997, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Jones, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Bowman n CITY CLERK OF THE CITY OF CYPRESS 383 EXHIBIT "A" EXTENSION OF CONDITIONAL USE PERMIT NO. 91 -3, AMENDMENT NO. 2 5100 CERRITOS AVENUE 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 seg. - 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. 91 -3, Amendment No. 2, shall be complied with prior to final sign -off of the building permit for the subject parking lot. Effective 1 -27 -97 • Community Development Department is Planning Division •