Resolution No. 407184
RESOLUTION NO. 4071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 91-16 - 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 amend a conditional use permit in accordance
with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to allow
a maximum of one hundred (100) racing /homing pigeons on property located at 6876
Molokai Drive in the RS -6,000 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 amended 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 single - family, urban residential development on
minimum lot sizes of six thousand (6,000) square feet and maximum
densities of five (5.0) dwelling units per acre. Only those additional uses
are permitted that are complimentary to, and can exist in harmony with, a
residential neighborhood.
b. The proposed location of the amended 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 is in accord with the
objectives of the Ordinance and the purpose of the zone in which the site is
located.
(2) 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.
(3) The proposed conditional use will comply with each of the
applicable provisions of the Ordinance, except for approved variances.
c. The proposed amended 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 to Conditional Use Permit No. 91 -16,
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 11th day of May 1992.
MAYOR OF THE CITY OF CYPRESS
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ATTEST:
CITY �C:LF✓RK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 May 1992; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Kerry, Nicholson and Partin
NOES: 1 COUNCIL MEMBERS: Bowman
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLER OF TH . CITY OF CYPRESS
86
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 91-16
CONDITIONS OF APPROVAL
1. A maximum number of one - hundred (100) racing /homing pigeons may be kept on a
lot or parcel containing a 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 bird shall be released more than once in any
twenty -four (24) hour period.
3. Racing /homing pigeons shall only be released to fly between the hours of 7:00 a.m.
and 7:00 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 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 pigeons 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
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 building or property of others. Failure to comply with such
standards and regulations shall be cause for revocation of any conditional use
permit granted.
Exhibit "A"
Amendment to Conditional Use Permit No. 91 -16
Conditions of Approval
Page 2
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 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 CUP is in addition to, and not in lieu of, the
right of the City Council to review and revoke the conditional use permit or to
modify the permit for any violations of the conditions imposed by this CUP, 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 CUP 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."
Effective 4/27/92