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Resolution No. 424624 RESOLUTION NO. 4246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93 -10 - 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 allow for the housing and flying of racing pigeons located at 5311 Bishop Street, in the RM -20 Residential Multiple - 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 is: Intended as an area for the development of apartments, condominiums, townhouses or other group dwellings with provisions for adequate light, air, open space and landscaped area at maximum densities of twenty (20.0) dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, such residential developments. 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 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 materially injurious to properties or improvements in the vicinity. (2) The proposed location of the conditional use is in accord with the objectives of the ordinance and the purpose of the zone in which the site is located. (3) The proposed conditional use will comply with each of the applicable provisions of the zoning ordinance except for approved variances. 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 Conditional Use Permit No. 93 -10, 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 12th day of October , 1993. MAYOR OF THE C CYPRESS ATTEST: CITY CLE K OF TdCITY 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 12th day of October , 1993, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Nicholson, Partin and Kerry NOES: 1 COUNCIL MEMBERS: Bowman ABSENT: 0 COUNCIL MEMBERS: None CI Y CLE OF T CITY OF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 93 -10 AND VARIANCE NO. 93 -10 CONDITIONS OF APPROVAL 1. A maximum number of one - hundred (100) racing /homing pigeons may be kept on a lot or parcel containing at least one dwelling unit. Any conditional use permit may specifically be limited to less than one hundred (100) pigeons depending on the lot size and/or the number of dwelling units on a parcel and /or the nature of surrounding uses. 2. No more than forty (40) racing /homing pigeons may be released at any one time for exercise or training purposes, and no more than two (2) such flights shall be permitted within a twenty- four -hour period. 3. Racing /homing pigeons shall only be released to fly between the hours of 7 a.m. and 7 p.m., Monday through Friday, with no release for flight permitted on weekends. In the case of racing pigeons, the regulations pertaining to release and /or flight shall not be applicable when the racing pigeons have been released from a distant location, in which case, the racing pigeons will be permitted to fly into the loft upon their return. 4. All racing /homing pigeons shall be kept and fed in an enclosed loft, pen, coop, pigeon house, or other similar structure, not to exceed eight feet (8') in height, and which is capable of confining the racing /homing pigeons until the time of release. When applicable, the structure shall be regulated by a building permit. 5. Racing /homing pigeon lofts shall be located on the rear one -third of the property at a distance no less than twenty feet (20') from all adjacent habitable dwellings. A fully dimensioned site plan shall be submitted to the planning department as part of the initial conditional use permit application prior to City Council action on the application. This site plan shall illustrate the location of the loft, and any other use associated with the keeping of pigeons, in relation to side and rear property lines and all adjacent dwellings. 6. All racing /homing pigeon lofts or structures where pigeons are housed shall be kept and maintained in a sanitary condition, all refuse and droppings removed from the premises at least once each calendar week, and all rules and regulations of the Health Department and /or Animal Control adopted by the City pertaining to sanitary conditions and maintenance of the premises shall be complied with by the Exhibit "A" Conditional Use Permit No. 93 -10 and Variance No. 93 -10 Conditions of Approval Page 2 applicant. Failure to comply with such standards and regulations shall be cause for revocation of any conditional use permit granted. 7. No person in charge of keeping racing /homing pigeons shall allow such pigeons to land or perch on the buildings or property of others. Failure to comply with such standards and regulations shall be cause for revocation of any conditional use permit granted. 8. The owner or person in charge of keeping the racing /homing pigeons shall maintain his /her property and all structures, including roofs, driveways, and walkways on the property in a clean manner, void of any visible pigeon droppings. Failure to comply with such standards and regulations shall be cause for revocation of any conditional use permit granted. 9. No racing /homing pigeon business or breeding activities for commercial purposes shall be conducted on or from the premises or property. Failure to comply with such standards and regulations shall be cause for revocation of any conditional use permit granted. 10. The owner of said racing /homing pigeons shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other generally recognized pigeon racing organization with annual registration by licensee of the individual birds. Written proof of such registration shall be submitted with each application, and shall be provided annually thereafter to the City. 11. The City and its City Council retain the right and the jurisdiction to review this conditional use permit in the event the use conducted herein is modified, changed in scope, or the owner or operator seeks to expand, alter, or change the use. This reservation of the right of review of the conditional use permit is in addition to, and not in lieu of, the right of the City Council to review and revoke the conditional usepermit or to modify the permit for any violations of the conditions imposed by this conditional use permit, or when necessary to alienate conditions which are or may be detrimental to the public health, safety, welfare, or comfort. 12. In addition to the ability to suspend or revoke a conditonal use permit pursuant to Section 17.2 -12 of Appendix I, "Zoning," of the Code of the City of Cypress, it shall be unlawful for any person to violate or to fail to comply with any of the provisions of this Chapter. Any person violating or failing to comply with any of the provisions of this Chapter shall be subject to punishment in accordance with Section 1 -7 of the Code of the City of Cypress. 28 Exhibit "A" Conditional Use Permit No. 93 -10 and Variance No. 93 -10 Conditions of Approval Page 3 13. 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.