Loading...
Resolution No. 5487 1 ,:5 4 RESOLUTION NO. 5487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 92-14 -WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed to amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to allow a change in ownership and operation of the existing child day care facility (to include service to the general public for a maximum of 161 children and 15 employees onsite at any given time) located at 5805 Corporate Avenue within the PC-5 Planned Community Business Park 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 amended conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the PC-5 Planned Community Business Park Zone in which the site is located, which is: Intended to assure development of the Specific Plan project area as a coordinated project involving a mixture of light industrial, research and development, offices, and commercial uses. b. The proposed location of the amended 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) As restricted by the applicable existing and amended conditions of approval, the proposed amended child day care ownership/operation is consistent with the findings for the previously approved operation of the existing day care facility. (2) As conditioned regarding general hours of operation and playground hours, the proposed day care ownership/operation is compatible with surrounding hotel and office uses located on the surrounding business park properties. (3) The proposed day care facility and operation complies with each of the applicable provisions of the Cypress City Code and the Cypress Pointe/Cypress View Limited Specific Plan. c. The proposed amended conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for the approved Variance No. 92-6 allowing a maximum deficiency of eight(8) onsite parking spaces. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Conditional Use Permit No. 92-14, subject to the original conditions attached hereto as Exhibit "A" and the amended conditions attached hereto as Exhibit`B". PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 8th day of October, 2001. VA. MAYOR OF THE CITY OF CYPRESS -1- 155 A I I LST: Of- 1 , ' if. JL'&Lti ._/. !j Y CLERK OFT Ij� ITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, JILL R. INGRAM-GUERTIN, 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 8th day of October, 2001,by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan,McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 1 ' Y CLERK OF T CITY OF CYPRESS -2- 156 EXHIBIT "B" Amendment No.2 to Conditional Use Permit No. 92-14 5805 Corporate Avenue CONDITIONS OF APPROVAL Note: Bolded italics denote amended text of an existing condition of approval. 25. Day care center operations within the building shall be from 6:30 a.m. to 6:30 p.m. weekdays. Children shall use the outdoor play area only between 9 a.m. and 5 p.m. 46. The applicant/business owner shall comply with all applicable conditions and provisions of the original Conditional Use Permit No. 92-14 contained in Exhibit"A" of the Resolution of Approval. 47. The day care center operation shall be limited to a maximum 161 children and 15 employees onsite at any given time. 48. 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. 49. The City Council shall maintain the right to review the day care center'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. 50. 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 Forty-Three Dollars ($43.00) 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 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. Effective: 10-8-2001 • Community Development Department • Planning Division •