HomeMy WebLinkAboutResolution No. 7041 461
RESOLUTION NO. 7041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2025-02 TO
ALLOW AN ADULT DAY CARE FACILITY IN AN EXISTING CHURCH
BUILDING AT 6269 BALL ROAD, LOCATED IN THE CG (COMMERCIAL
GENERAL) ZONE WITH A GENERAL PLAN LAND USE DESIGNATION OF
COMMERCIAL NEIGHBORHOOD, AND DETERMINING THAT THE PROJECT
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of Cypress considered an application for
a conditional use permit in accordance with the provisions of Cypress Zoning Ordinance
(CZO) Section 4.19.070 to allow the operation of an adult day care facility in an existing
church building at 6269 Bali Road; and
WHEREAS, the subject property is zoned CG (Commercial General) and
designated Commercial Neighborhood in the City's General Plan, which allows
community care facilities, including adult day care facilities, subject to approval of a
conditional use permit; and
WHEREAS, the City Council, after proper notice thereof, on January 26, 2026,
held a duly noticed public hearing on the application and took public testimony; and
WHEREAS, the proposed project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301
(Existing Facilities), which applies to the permitting of existing private or public
structures involving negligible or no expansion of use, and there is no substantial
evidence that the project may have a significant effect on the environment; and
WHEREAS, the City Council finds that the applicant agrees with the necessity of
and accepts all elements, requirements, and conditions of this Resolution as being a
reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general and the persons who work, visit or live in
this community in particular.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
RESOLVE AS FOLLOWS BASED UPON SUBSTANTIAL EVIDENCE TAKEN FROM
THE ADMINISTRATIVE RECORD AND PUBLIC HEARING:
SECTION 1. Findings. Pursuant to CZO Section 4.19.070(E), the City Council
finds, after due study and deliberation that the following circumstances exist:
1. The proposed location of the conditional use is consistent with the requirements
of the general plan and the zoning district in which the site is located;
The CG (Commercial General) zoning district is applied to areas appropriate to
serve the daily needs of the community. The CG zoning district is consistent with
the general and neighborhood commercial land use designations of the General
Plan and permits community care facilities, including adult day care facilities,
subject to a conditional use permit. The community care facility will complement
the existing church use and surrounding uses.
2. The proposed location of the conditional use and the conditions under which it
would be operated or maintained would not be detrimental to the public health,
safety, or general welfare, nor would be materially injurious to properties or
improvements in the vicinity; and
The location of the adult day care facility and the conditions under which it will
operate will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity. The use will
occupy an existing church building that is already designed and improved for
assembly and group activities. No expansion of the building footprint or
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intensification of site development is proposed. Conditions of approval limit the
program to a maximum of 150 participants, establishing a clear cap on the scope
and intensity of the land use. Conditions of approval also prohibit concurrent
operation with church activities, require all drop-off and pick-up to occur on site,
restrict parking lot use to vehicular parking only, and provide for City review and
implementation of parking management measures if parking or circulation
impacts arise. The project is further conditioned to require active management of
arrivals and departures to prevent congestion, queuing, or spillover into the
public right-of-way, and to maintain all required state and local licenses to ensure
ongoing compliance with health and safety regulations. As conditioned, the use
will operate in an orderly manner that protects public health and safety and will
not be materially injurious to surrounding properties or improvements.
3. The proposed conditional use would comply with all applicable provisions of this
zoning ordinance.
The proposed adult day care facility complies with all applicable provisions of the
CZO for large community care facilities. It will operate within an existing church
building and meets the required 300-foot separation from another similar facility.
The project also complies with applicable standards for lighting, noise, fire and
life safety, and state health and safety regulations. As a condition of approval, the
operator shall upgrade and maintain on-site landscaping and irrigation in
accordance with CZO standards specifically applicable to community care
facilities, to ensure compatibility with the surrounding neighborhood. As
conditioned, the project meets all applicable development, operational, and
licensing requirements of the CZO.
SECTION 2. CEQA. The City Council finds the project is categorically exempt
from the California Environmental Quality Act pursuant to CEQA Guidelines Section
15301 (Existing Facilities), as the project involves the use of an existing building with no
expansion of the structure and no significant change in intensity of use.
SECTION 3. Approval. The City Council of the City of Cypress hereby approves
Conditional Use Permit No. 2025-02 to allow an adult day care facility at 6269 Ball
Road, subject to the conditions of approval attached hereto as Exhibit "A" and
incorporated herein by reference. Any challenge to this Resolution, and the findings set
forth therein, must be filed within the 90-day statute of limitations set forth in Code of
Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of e City of Cypress at a regular
meeting held on the 26th day of January, 2026.
Leo Medrano, Mayor
ATTEST: QQ
D�--
Lisa A. Bergl d, CMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, LISA BERGLUND, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of said City Council
held on the 26th day of January, 2026, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Chang, Peat, Burke, Medrano, Strong Carnahan
NOES: 0 COUNCIL MEMBERS:
Lisa A. Berglun , CMC, City Clerk
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EXHIBIT A
CONDITIONAL USE PERMIT NO. 2025-02
ADULT DAY CARE FACILITY
6269 BALL ROAD
CONDITIONS OF APPROVAL
1. General Conditions
1.1. Prior to issuance of building permits or commencement of the use, the project
applicant shall sign and return a City-approved affidavit accepting these conditions
of approval. (Planning)
1.2. The applicant shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims,
actions, or proceedings against the City or any agency thereof, or any of its agents,
officers or employees, to attack, set aside, void or annul, an approval of the City, or
any agency thereof, advisory agency, appeal board, or legislative body, including
actions approved by the voters of the City, concerning the project, which action is
brought within the time period provided in Government Code Section 66499.37 and
Public Resources Code, Division 13, CH. 4 (§ 21000 et seq. - including but not by
way of limitation §21152 and 21167). City shall promptly notify the applicant of any
claim, action, or proceeding brought within this time period. (City Attorney)
1.3. This permit is granted for the plans dated December 22, 2025 on file with the
Planning Division. The project shall conform to the plans, except as otherwise
specified in these conditions, or unless a minor modification to the plans is
approved by the Planning Director. A minor modification may be granted for
minimal changes or increases in the extent of use or size of structures. (Planning)
1.4. The applicant shall comply with all provisions of The Code of the City of Cypress.
(Planning)
1.5. The applicant shall obtain a Cypress business license prior to commencement of
the business operation. (Finance)
1.6. The applicant may request minor modifications of conditions of approval consistent
with the intent of the project approval. The Planning Director, City Engineer, Orange
County Fire Authority, and/or the Police Chief, depending on the requested
modification, shall approve the modification in writing. For numerical standards, the
Planning Director may approve deviations up to 10% provided that city code
requirements are met.
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Exhibit "A"
Adult Day Care Facility CUP
Conditions of Approval Page 464
2. Planning
2.1. This conditional use permit may be modified or revoked by the City Council should
the Council determine that the proposed use or conditions under which it is being
operated or maintained is detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity. (Planning)
3. Signage
3.1 The property owner/tenant shall not erect or display on the subject property any
signs which do not comply with the Cypress Zoning Ordinance and have not been
approved in writing by the Community Development Department. (Planning)
4. Landscaping
4.1. Prior to operation of the adult day health care facility, the operator shall
upgrade on-site landscaping to be consistent with the prevailing landscaping
in the surrounding neighborhood, including replacement of missing or
deteriorated plant materials and restoration of irrigation. The operator shall
submit a landscape and irrigation plan to the Planning Division for review
and approval demonstrating compliance with applicable City landscaping
and water efficiency requirements. All irrigation shall utilize drip or
microspray irrigation. The operator shall maintain all landscaping in a
healthy, well-kept condition at all times. (Planning)
4.2. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size
and of a variety approved by the Director of Community Development. (Planning)
4.3. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas. (Planning)
5. Operational
5.1. The facility shall operate in substantial conformance with the approved plans, the
project description, and applicable State and federal ADHC regulations, unless
modified by these conditions or as approved by the Director of Community
Development. (Planning)
5.2. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
5.3. The City Council shall maintain the right to review the business hours of operation
and may, subject to a public hearing, limit the hours should substantiated
complaints be received that the business hours are creating an adverse impact
upon neighboring properties. (Planning)
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5.4. The facility shall not exceed 150 enrolled participants. (Planning)
5.5. The adult day care facility and the church shall not operate concurrently,
and any simultaneous use of the site by both is prohibited. The operator
shall not conduct program activities, client drop-off or pick-up, or related
operations during church services, events, or other church activities. The
operator shall maintain an operating schedule approved by the Community
Development Department and shall adjust operations as necessary and
with approval of the City to prevent overlap or conflicts. (Planning)
5.6. The operator shall only use the parking lot for vehicular parking. Outdoor
vehicle repair or servicing is prohibited at all times. Any other use of the
parking lot requires prior written approval from the Director of Community
Development. (Planning)
5.7. If the City determines that parking demand or circulation conflicts create
impacts on the site or surrounding area, the operator shall submit a
parking management plan for review and approval by the Community
Development Department and shall implement all approved measures.
(Planning)
5.8. All participant drop-off and pick-up activity shall occur entirely on site in
designated loading areas. The operator shall manage arrivals and
departures to ensure that vehicles do not queue, double-park, block drive
aisles, or spill into the public right-of-way, and that on-site circulation
remains clear and unobstructed at all times. If drop-off or pick-up
operations generate congestion or circulation conflicts, the operator shall
implement operational measures (such as scheduled arrival windows, staff
monitoring, or parking management) to eliminate the impact and maintain
safe on-site circulation. (Planning)
5.9. The operator shall obtain and maintain all required state and local licenses
for adult day care operations at all times and shall immediately notify the
City of any change in licensing status. (Planning)
6. Property Maintenance
6.1. Parking lot surfaces and pedestrian walkways shall be maintained in a safe
condition such that any concrete, asphalt, or other driving or walking surfaces are
free of potholes, buckled or cracked surfaces, or raised areas. (Planning)
6.2. The property shall be maintained free of the accumulation of trash and debris.
Trash and debris associated with the permitted uses are to be stored solely in
designated trash enclosures. (Planning)
6.3. The property owner shall maintain the site, the publicly accessible interior, and
publicly viewable exterior of the building(s) clear of all graffiti. All graffiti shall be
removed within 24 to 48 hours once notified in writing by the City. (Planning)
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7. Fees
7.1. Within 48 hours of the approval of this project, the applicant/developer shall deliver
to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of$50.00 County administrative fee, to enable the City
to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such 48 hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein
shall be void. (Planning)
8. Engineering
8.1. If applicable,the applicant shall make all submittals, including engineering, building,
grading, water quality, and inquiries through the department's online plan check
and permit application at https://cypressca.viewpointcloud.com or as determined
by the City Engineer. (Engineering)
9. Traffic
9.1. The applicant shall develop a traffic/circulation management plan to
address vehicle stacking in the event that traffic backs up onto Ball Road
during drop-offs and pick-ups. (Engineering)
10.Security
10.1.The property address shall be posted in a visible location on the building and
shall be illuminated during the hours of darkness so that it shall be easily visible
from the street. (Police Department)
10.2.All exterior commercial doors, during the hours of darkness, shall be illuminated
with a minimum of one footcandle of light. All exterior bulbs shall be protected by
weather and vandalism resistant cover(s). (Police Department)
10.3.Open parking lots, and access thereto, providing more than ten parking spaces
and for use by the general public, shall be provided with a maintained minimum
of one footcandle of light on the parking surface from dusk until the termination
of business every operating day. (Police Department)
10.4.The landscaping and lighting plans for the project shall also be subject to review
by the Cypress Police Department. (Police Department)
11.Solid Waste
11.1. The applicant shall subscribe to solid waste services from the City's disposal
services contractor with no less than one time per week service for trash,
recycling, and organics recycling and require employees implement source
separated recycling practices. Sufficient trash, recycling, and organics recycling
receptacles shall be placed outside to collect solid waste generated by its
operation/patrons. No less than one receptacle per solid waste category shall be
provided. These shall be properly maintained and not allowed to overflow.
(Engineering, Water Quality)
Effective: January 26, 2026 (Date of CC Mtg.)
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