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Resolution No. 30481112 RESOLUTION NO. 3048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -8 - 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 continue the operation of a community day care facility (Cypress Children Center) at the Lincoln -Moody Apartment complex, 9090 Moody Street. 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 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 adjacent arterial street has more than adequate capacity to accommodate the pro- jected volumes of pedestrian and vehicular traffic to be generated by this use. (2) The design of the project and the con- ditions of development attached thereto will insure that the project will be com- patible with other residential uses on adjacent properties and will not interfere with the privacy of residents in the single - family arca to the south of the subject property. (3) The use is in conformance with the long - range objectives of the City as identified in the Land Use Element of the General Plan. (4) This use has been in existence since May of 1980 and according to reviewing agencies including Police, Fire and Engineering Departments, there have been no problems associated with the nursery. (5) The City Council can review, modify or revoke this conditional use permit if it finds that the operation of the nursery is detrimental to the community. (6) Public notices were mailed, posted and published in accordance with State law and staff did not receive any negative communi- cation regarding this project. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit, subject to the conditions attached hereto as Exhibit "A." /43 PASSED AND ADOPTED by the City Council of the Cit of Cypress at a regular meeting held on the 24th day of February 1986 ATTEST: CITY CLERK OF MAY ITV OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS iL11 /ITY iF CYPRESS 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 24th day of February 1986, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CITY TEE CITY F CYPRESS EXIl1BIT "A" CONI)['11ONA1. USE PERMIT NO. 86 -8 1. The hours of operation shall be limited to 6 :30 a.m. to 6 p.m., Monday through Friday only, suhjcct to the ongoing jurisdiction by the City Council. 2. The fenced play area comprising 3,50( square feet as indicated on approved plot plan shall be the only area utilized for outdoor play purposes by the child day care nursery. 3. (fates shrill be installed in locations as shown on plot plan that can he securely fastened and arc compatible with the wood fence to which they are attached. 4. The child day care nursery shall service a maximum of 37 children, ages 2 to 6 years old. 5. Children residing in the Lincoln -Moody Apartments shall have preferred enrollment over children residing elsewhere. 6. A parking area shall be clearly striped and designated for use by duly care staff and patrons only, Monday through Friday, 6:30 a.m. to 6 p.m., subject to City staff approval. . The proposed nursery must pass fire and building inspections before occupancy. 8. The applicants shall comply with all necessary requirements of the Cl 1 i torn in I)cpa rtmcnt of Social Scry ices , County of Orange Ilea 1 th Department , County of Orange fire re Marsha I 1 's Office, and the City of Cypress Building and Planning Departments prior to operation Of the day care nursery. 9. This conditional use permit will not become effective until all con- ditions of the previous use permit are complied with; i.e., reinstal- lation of second floor window screens along the south side of complex which overlooks single-family homes. 10. All parking spaces within the complex shall he clearly striped and designated. 11. Conditional Use Permit No. 86 -8 may be reviewed, modified or revoked, should the City Council make a finding that the operation of the day care nursery is detrimental to the apartment complex, its residents, the children at the nursery, or surrounding properties.