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Resolution No. 41091r3 RESOLUTION NO. 4109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING RENEWAL OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 79-7 - 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 renew an amended conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to expand an existing preschool located at 4460 Lincoln Avenue, in the CH Commercial Heavy 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 renewal for 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 to provide appropriately located areas for establishments catering primarily to highway travelers, visitors to the City or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. b. The proposed location of the renewal for 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 preschool expansion is consistent with the purpose of the CH Commercial Heavy Zone since commercial preschools are among the service uses permitted in that zone. (2) The subject project will be compatible with surrounding uses and will not be detrimental to the public health, safety and welfare. A play yard improvement plan and fence plan will be required to ensure security and safety for the children and consideration of residents living south of the preschool. (3) The subject project will meet all requirements and standards of the Zoning Ordinance, except for a parking adjustment to allow the reduction of two (2) parking spaces below the minimum number required. 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 Renewal of Amendment to Conditional Use Permit No. 79 -7, subject to the original conditions of approval as well as the addition of conditions of approval 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 September , 1992. %e/Zocxf MAYOR OF THE CITY OF CYPRESS 1 ATTEST: /.7(,)/ }V/ CITY CLERK F HE CITY OF CYPRESS 1'J 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 28th day of September , 1992, 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 2 F THE ITY OF CYPRESS 1'7 EXHIBIT "A" RENEWAL OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 79-7 CONDITIONS OF APPROVAL 1. Applicant /developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 2. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. 3. Applicant /developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and /or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 4. Type 5 cement shall be used for all foundations and slabs on grade. 5. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 6. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants and access roads shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. Fire hydrants shall be indicated on the site plan. 7. Prior to the issuance of any building permits, plans shall be submitted to the Fire Chief for approval. The exit arrangement shall comply with California Code of Regulation Title 24; Part 2 Sections 3303(d) and Section 3318. 8. Prior to the issuance of any building permits, fire alarm system plans shall be submitted to and approved by the Fire Chief. Effective 9/14/92