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Resolution No. 21821 RESOLUTION NO 2182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 79-16 - WITH CONDITIONS THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS 1 That an Application was filed for a conditional use permit in accordance with the provisions of Section 17 2 of the Zoning Ordinance of the City of Cypress to establish a child day care nursery within the ground floor of the recreation building 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 in is that. This zone 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 projected volumes of pedestrian and vehicular traffic to be generated by this use (2) The design of the project and the conditions of development attached thereto will insure that the project will be compatible with other residential uses on adjacent properties and will not interfere with the privacy of residents in the single-family area 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. 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" PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of January, 1980. ATTEST: 2ari CITY CL RK CYPRESS MAYO OF THE Y OF CYPRESS 32$ 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 14th day of January, 1980, by the following roll call vote AYES' 3 COUNCIL MEMBERS. Lacayo, MacLain and Rowan NOES 1 COUNCIL MEMBERS. Hudson ABSENT• 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS. Evans C CLERK QF TITY OF CYPRESS 2 af _,24 EXHIBIT "A" CONDITIONAL USE PERMIT NO 79-16 1 The hours of operation shall be limited to 7 a m to 6 p m Monday through Friday only, subject to the ongoing jurisdiction by the City Council 2 The fenced play area comprising 2,900 square feet as indicated on approved plot plan shall be the only area utilized for out- door play purposes by the child day care nursery 3 Gates shall be installed in locations as shown on plot plan that can be securely fastened and are compatible with the wood fence to which they are attached. 329 4 The child day care nursery shall service a maximum of 33 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 day care staff and patrons only, Monday through Friday, 6 30 a m to 6 p.m., subject to City Staff approval 7 The proposed nursery must pass fire and building inspections before occupancy 8 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 operation of the day care nursery 9 This conditional use permit will not become effective until all conditions of the previous use permit are complied with, i e , reinstallation of second floor window screens along the south side of complex which overlooks single-family homes. 10 All parking spaces within the complex shall be clearly restriped and designated. 11 Conditional Use Permit No 79-16 shall remain in effect for a period of one (1) year provided, however, that if the City Council determines prior to its expiration that the operation is detrimental to the apartment complex, its residents, or surrounding properties, the City Council may review, modify or revoke this conditional use permit. The City Council may also extend Conditional Use Permit No 79-16 at its discretion prior to the expiration date of January 14, 1981.