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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 •