Resolution No. 5497 180
RESOLUTION NO. 5497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2001-14 -WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with the
provisions of Section 35, Division 7 of the Zoning Ordinance of the City of Cypress to allow the
operation of a preschool use in an existing commercial building located at 6300 Lincoln Avenue
within the PC Planned Community 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 PC Planned Community Zone in which the
site is located, which is:
Intended to permit a compatible mix of land uses, planned commercial
developments and business parks, and a variety of housing styles and
densities.
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 preschool use is a conditionally permitted use listed in
the applicable Lincoln Avenue Specific Plan.
(2) The proposed preschool use would be compatible with the other
existing commercial uses located in the same commercial center.
(3) The proposed preschool use, as conditioned, would comply with all
applicable requirements of the State of California's Hearth Care Agency,
Community Care Licensing Division.
c. The proposed conditional use, as conditioned, will comply with each of the
applicable provisions of the Zoning Ordinance and the Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2001-14, 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 November, 2001.
Y/Clee /4°4:11'\
MAYOR OF THE CITY OF CYPRESS
ATTEST:
k e.
�i Y CLERK OF T i+la CITY OF CYPRESS
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181
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 13th day of November, 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
tt #1 , kiAto '
I I CLER OF THE Ti'Y OF CYPRESS
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182
EXHIBIT "A"
Conditional Use Permit No.2001-14
6300 Lincoln Avenue
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 seq. - 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. 2001-14 shall be complied with
prior to commencement of the business operation.
6. All business activity shall occur within the building, except the fenced play yard area.
Temporary use permits may be granted for outdoor activity in accordance with Section 35,
Division 10, of the Cypress Zoning Ordinance.
• Community Development Department•Planning Division •
183
Exhibit "A" Page 2
Conditional Use Permit No. 2001-14
Conditions of Approval
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 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.
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 preschool.
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. 2001-14 will require an amendment to the conditional use
permit.
11. A play yard improvement plan shall be submitted for City staff approval indicating
installation of turf in landscape planters, installation of adequate fencing and removal of any
obstacles which may be hazardous to children.
12. 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.
13. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
14. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the play yard fencing material.
15. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
• Community Development Department •Planning Division •
1 8
Exhibit "A" Page 3
Conditional Use Permit No. 2001-14
Conditions of Approval
16. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
17. 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.
18. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
19. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
20. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
21. The City Council shall maintain the right to review the preschool'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.
22. Commercial uses with outdoor operations located adjacent to residential areas shall not be
permitted to conduct such outdoor activities before 7 a.m. or after 9 p.m. daily.
23. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
24. 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 8:00 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.
25. The preschool shall comply with Community Care Licensing requirements for
minimum indoor and outdoor play areas and staffing requirements for the preschool
use. Proof of the child care program license from the licensing agency shall be
submitted to the Community Development Department prior to commencement of the
preschool business operation.
26. The south access door to the preschool premises (facing the adjacent residences) shall
remain closed during all hours of business operation. Said door shall be designed and
used for emergency exit purposes only.
• Community Development Department •Planning Division •
185
Exhibit "A" Page 4
Conditional Use Permit No. 2001-14
Conditions of Approval
27. The gate at the west end of the rear yard area shall be maintained for emergency
access purposes only and shall be equipped with panic hardware on the inside of the
gate.
28. Access gates shall be located at both ends (east and west) of the front play yard fence.
Said gates shall be self-closing and fitted with panic hardware on the inside of the gate.
29. Concrete wheel stops shall be placed at the front of the parking spaced abutting the
front play yard fence.
30. The height of the front play yard fence shall be limited to four feet(4').
31. The wrought iron fence around the front play area for the preschool shall be removed
immediately after the preschool use ceases to operate at this location.
BUILDING CONDITIONS
32. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code,Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS
33. If the existing structure is provided with an automatic fire sprinkler system, the applicant
shall submit plans for the addition of the automatic fire sprinkler system to the Fire Chief
for review and approval. Please contact the Orange County Fire Authority at (714) 744-
0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13
Commercial Sprinkler Systems." Prior to the issuance of a certificate of use and
occupancy, this system shall be operational in a manner meeting the approval of the Fire
Chief.
34. Prior to the issuance of a building permit, the applicant shall submit architectural plans
for the review and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the Orange County Fire
Authority at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal.
35. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. Please contact the Orange County
Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to
obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system
shall be operational prior to the issuance of a certificate of use and occupancy.
Effective 11-13-2001
• Community Development Department • Planning Division •