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Resolution No. 386349: RESOLUTION N0. 3863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING 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 amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to expand the existing operation of the Camelot Preschool located in the Mission Center Commercial Plaza, including an additional 1,992 square feet of outdoor playground area, at 4460 Lincoln Avenue located 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 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 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 private preschool is located in a commercial center which has adequate parking and onsite circulation. (2) Any significant increase in vehicular traffic volumes generated by this use can be accommodated on the adjoining streets; i.e., Lincoln Avenue and Denni Street. (3) An increase in ambient noise levels from the playground area should not adversely affect neighboring commercial and residential land uses. 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. 79 -7 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 10th day of December, 1990. 49u ATTEST: CITY CLERK OF HE 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 10th day of December, 1990, by the following roll call vote AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kanel and Age NOES: 1 COUNCIL MEMBERS: Kerry ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 49' EXHIBIT 'A' AMENDMENT TO CONDITIONAL USE PERMIT NO.79 -7 CONDITIONS OF APPROVAL 1. The hours of operation shall be from 6:30 a.m. to 6:00 p.m.; however, the City Council shall maintain the right to review the preschool's hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints be received that the business hours are creating an adverse impact upon the neighboring properties. 2. Amended Conditional Use Permit No. 79 -7 is limited to the approval of a pre - school facility which shall include attendance by children age six (6) plus extended day (post - school hours and vacation) for children through the age of eight (8) years; however, such extended care shall be subject to periodic review by the City Council and the City Council may delete the same upon the finding that such deletion is necessary in order to insure compatibility with the surrounding development. 3. The applicants shall comply with all necessary requirements of the California Department of Social Services, County of Orange Health Department, County of Orange Fire Marshal's Office, and the City of Cypress Building and Planning Departments prior to the operation of the pre - school. Typical requirements imposed by the Fire Marshal's Office and the Cypress Building Department will be the following: a. Due to a change in occupancy from a "B" occupancy to an "E" occupancy as defined in the Uniform Building Code, a special separation shall be required to the specifica- tions of the City Building Department. b. All glass to be use in the building area of the pre- school must be fully tempered as required by Federal standards. c. All openings shall be protected with a fire assembly as required by the County of Orange Fire Marshal providing for a minimum one (1) hour standard. 4. A play yard improvement plan shall be submitted to the Planning Department for review and approval indicating removal of any trash enclosures, parking spaces, installation of turf in landscape planters, installation of adequate fencing and removal of any obstacles which may be hazardous to children. 493 Exhibit "A" Amendment to Conditional Use Permit No. 79 -7 Page 2 5. The applicant shall obtain an administrative adjustment to allow a decrease in the number of required parking spaces prior to the issuance of building permits in accordance with the requirements of Section 17.7 of the Cypress Zoning Ordinance. 6. The applicant shall submit a fence plan for review and approval by the Design Review Committee; said plan shall indicate an alternative material use for enclosing the playground area located behind Building "B." Said fence shall be a minimum of six feet (6') in height. November 5, 1990