Resolution No. 4637456
RESOLUTION NO. 4637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT NO. 95 -20 FOR THE ALTERATION OF
THE FACADE AND THE INCREASE IN HEIGHT OF THE CHURCH TOWER -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 an amendment to the conditional use permit in
accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress
to allow the facade alteration and an increase in the height of the tower of ten (10) feet to the
existing structure at Holy Faith Presbyterian Church located at 6269 Ball Road in the
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 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 location of the amended conditional use is in accord
with the objectives of this ordinance and the purpose of the General Commercial
Zone.
(2) The project, by altering the facade improves the design of the
existing building while reducing the number of windows.
(3) The increase in the allowable height of the tower will not adversely
impact the surrounding properties nor have an adverse impact on the City since
there are churches within the City with towers at similar heights.
(4) The proposed amendment to the conditional use permit will comply
with each of the applicable provisions of this ordinance, except for the approved
variance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve an Amendment to Conditional Use Permit No. 95 -20, 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 28th day of May , 1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
457
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 28th day of Nay , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4.4„:„
CITY CLERK OF THE CITY OF CYPRESS
458
EXHIBIT "A"
Amendment to Conditional Use Permit No. 95 -20
6269 Ball Road
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
*Bolded conditions are specific to this project.
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 semc . - 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 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.
3. All applicable conditions of Amendment to Conditional Use Permit No. 95 -20 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.
5. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The
final exterior color scheme shall be submitted to City staff for review and approval prior to actually
painting the structure.
*6. All conditions of the first Conditional Use Permit No. 95 -20 shall apply with the exception of
Condition No. 23 regulating architectural treatment.
*7. Condition No. 55 of the original Conditional Use Permit No. 95 -20 shall be modified to restrict
the height of the tower including the cross to a height of fifty feet (50').
Effective 05/28/96
• Community Development Department • Planning Division •