Resolution No. 6133 RESOLUTION NO. 6133 360
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2009-02 -
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 4.19.070 of the Zoning Ordinance of the City of Cypress to establish an
adult day care health center within an existing commercial building located at 5175 Ball Road
within the OP Office Professional 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 conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the OP Office Professional
Zone in which the site is located, which is:
Intended as an area which permits professional and administrative
offices with specific setback, landscaping, and architectural requirement
to ensure compatibility with adjacent residential uses.
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 proposed adult day health care use is in compliance with the
conditionally permitted uses allowed in the OP Office Professional Zone.
(2) The subject site contains a sufficient number of parking spaces to
accommodate both the proposed and the existing uses located on the subject
office complex property.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2009-02, 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 13th day of April, 2009.
A OFT OF CYPRESS
ATTEST:
atL -- Cu Y'i
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 13th day of April, 2009, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS
361
EXHIBIT "A"
Conditional Use Permit No.2009-02
5175 Ball Road
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. The applicant/developer 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 sec. - including but not by way of limitation § 21152 and 21167). City
shall promptly notify the developer of any claim, action, or proceeding brought within this
time period. City shall further cooperate fully in the defense of the action and should the
City fail to either promptly notify or cooperate fully, developer shall not thereafter be
responsible to defend, indemnify, or hold harmless the City.
2. The applicant/developer's contractor shall provide the City with a Certificate of Insurance on
City form evidencing a comprehensive liability insurance policy with a combined single
limit of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or commissions
and employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty(30) day cancellation notice to the City of Cypress.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 2009-02 shall be complied with
prior to commencement of the business operation.
6. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning
Ordinance.
7. Within forty-eight (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 Fifty Dollars ($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
• Community Development Department •Planning Division •
362
Exhibit "A" Page 2
Conditional Use Permit No. 2009-02
Conditions of Approval
Code of Regulations, Title 14, section 753.5. If, within such forty-eight (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.
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 Community Development Departments prior
to operation of the adult day care facility.
9. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
COMMUNITY DEVELOPMENT CONDITIONS
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2009-02 will require an amendment to the conditional use
permit.
11. 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.
12. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
13. The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department.
14. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
15. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
16. The hours of operation for the adult day care facility shall be limited from 7:30 a.m. to
6:00 p.m.,Monday through Friday.
17. The City Council shall maintain the right to review the adult day care facility'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
neighboring properties.
• Community Development Department •Planning Division •
363
Exhibit "A" Page 3
Conditional Use Permit No. 2009-02
Conditions of Approval
18. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
19. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 9:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
20. The adult day care facility shall be fully licensed by all governing State of California
licensing agencies (i.e. Department of Health Services, Community Care Licensing).
Failure to maintain all required licenses in good standing with all licensing agencies
shall render the conditional use permit invalid. The applicant/business operator shall
provide copies of all disciplinary actions issued by the licensing agencies to the City's
Community Development Director within ten (10) days from the date the notices are
issued.
21. Any expansion or change in the use or in the type of license granted by the State or
other applicable licensing agency for the facility shall require a modification to the
Conditional Use Permit.
22. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days prior to issuance
of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
FATS, OILS, & GREASE (FOG) CONDITION
23. Food service activities shall be restricted to the distribution of pre-packaged foods only.
Modification to the food preparation process shall make the facility subject to the Fats, Oils,
and Grease Program requirements and require that the existing grease interceptor be
modified to include a sample box.
BUILDING CONDITION
24. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the City of Cypress.
Effective: 4-13-2009
• Community Development Department •Planning Division •