Resolution No. 4395RESOLUTION NO. 4395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 93 -12 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 amend Conditional
Use Permit No. 93 -12 located at 5303 Katella Avenue.
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 to provide for the classification and development of parcels of
land as complete, comprehensive, and integrated projects so as to take
advantage of the superior environment which can result from large scale
community planning, and thereby reduce adverse environmental impacts
of uncoordinated development. Additionally, this zone is intended to
provide for a zone encompassing various types of land uses such as
educational, professional and administrative office, commercial centers,
industrial parks, open space, or any public or semi - public use or
combination of uses through 1) established zoning mechanisms and criteria
as set out in the PBP Planned Business Park Zone; or 2) the adoption of
a specific plan and text materials which set forth land use relationships
and development standards.
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 is consistent with the goals, policies and
objectives of the Cypress Business and Professional Center Specific Plan as
amended and the Cypress General Plan.
(2) The location of the conditional use and the conditions under which
it will be operated will not be detrimental to the public health, safety or welfare,
since the proposed swap meet will be required to comply with conditions of
approval, including annual review of the swap meet operation, which are designed
to protect the public health, safety and welfare.
(3) The proposed site will contain sufficient parking and onsite
circulation for the proposed swap meet use.
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 Amendment No. 2 to Conditional Use Permit No. 93 -12,
subject to the conditions attached hereto as Exhibit "A."
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of October , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CLE F THE CITY
CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 11th day of October , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS:
None
EXHIBIT "A"
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 93 -12
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. A landscape bond shall be required for the perimeter landscaping adjacent to the Swap
Meet area. The amount of the bond shall be pro -rated from the date of installation and
acceptance by the City.
PLANNING DEPARTMENT CONDITIONS
2. The applicant shall provide landscaping around the two (2) food vendor trailers located
adjacent to Katella Avenue. A landscape plan shall be provided to the City within two
(2) weeks after project approval and shall be installed in no later than thirty (30) days
after project approval subject to inspection by City Staff.
3. The applicant shall be required to repave and restripe the parking lot area west of the
Swap meet area within one year from the approval date of this amendment.
4. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour
period, the applicant /developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
5. The applicant \developer shall be required to comply with all applicable conditions of
Conditional Use Permit 93 -12 and Amendment to Conditional Use Permit No. 93 -12.
6. Should it be determined that additional parking is needed for the Swap Meet Use, the
applicant /developer shall pave and stripe the area north of the railroad tracks for parking
in conformance with the original site plan.
BUILDING DEPARTMENT CONDITIONS
7. Applicant \developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing, and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
Effective 10/11/94
• Community Development Department • Planning Division •