Resolution No. 5538 346
RESOLUTION NO. 5538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002-06 -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 an adult day care facility 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 to permit professional and administrative offices with specific
setback, landscaping, and architectural requirements 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 care use is in compliance with the
conditionally permitted uses allowed in the OP Office Professional Zone.
(2) The proposed project plans would provide 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 Zoning Ordinance, with the exception of any variances approved for the
project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002-06, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOP'T'ED by the City Council of the City of Cypress at a regular meeting
held on the 8th day of April, 2002.
MAY F THE CITY OF CYPRESS
ATTEST:
• .. I
Y CIE,RK OF T a CITY OF CYPRESS
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347
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 April, 2002, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Keenan,Piercy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
ABSTAIN: 1 COUNCIL MEMBERS: McGill
(Council Member McGill did not participate on this item due to a potential conflict of interest.)
4l
�fl Y CLERK OFT .iD ITY OF CYPRESS
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31-2'
EXHIBIT "A"
Conditional Use Permit No.2002-06/Variance No. 2002-01
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 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. 2002-06 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.
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Exhibit "A" Page 2
Conditional Use Permit No. 2002-06/
Variance No. 2002-01
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 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.
ENGINEERING CONDITIONS
10. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on
Mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyor's Benchmark shall be submitted for approval. A topography of the
area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street
shall be by means of an under-sidewalk drain. Onsite landscape areas shall have a slope
gradient of one percent (1%) minimum in landscape areas. In parking areas, AC shall have
a minimum slope gradient of one and one-half percent (1.5%) or as approved by the City
Engineer, and concrete shall have a minimum slope gradient of two-tenths percent. (.2%).
11. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12"). A six-inch (6") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to vehicular
traffic. The property lines shall have a single block wall only and the developer shall obtain
and submit to the City, the written permission or denial of the adjacent property owner.
Vertical grade separation shall not exceed two feet(2')between two adjacent properties.
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Exhibit "A" Page 3
Conditional Use Permit No. 2002-06/
Variance No. 2002-01
Conditions of Approval
12. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
13. All existing public improvement at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
14. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Ball Road. No landscaping in excess of three
feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also
shall be maintained within the development at all driveway intersections to the satisfaction
of the City Engineer.
15. All new utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1")continuous A.C. cap.
16. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
of Municipal Code. The number of trees shall be determined by dividing the frontage of
property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a
minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to
the City's Street Tree Ordinance. With prior approval of City Engineer, street trees may be
replaced by trees planted in conjunction with an approved on-site landscape plan.
Landscaping in Public Right-of-Way shall be installed and maintained by the developer.
17. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• City-wide Traffic Improvement(Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement(Per Resolution No.4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09).
• Grading Plan Check and Permit (Per Resolution 5069).
• All applicable Building Division fees.
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Exhibit "A" Page 4
Conditional Use Permit No. 2002-06/
Variance No. 2002-01
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
19. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2002-06 will require an amendment to the conditional use
permit.
20. 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.
21. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
22. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
23. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
24. 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.
25. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
26. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
27. The hours of operation for the adult day care facility shall be limited from 7:00 a.m. to
6:00 p.m.,Monday through Friday.
28. 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.
29. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
30. 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,
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Exhibit "A" Page 5
Conditional Use Permit No. 2002-06/
Variance No. 2002-01
Conditions of Approval
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
31. The adult day care facility shall be fully licensed by all governing State of California eMtar
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.
32. 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.
33. 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.
BUILDING CONDITIONS
34. 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.
35. Type 5 cement shall be used for all foundations and slabs on grade.
36. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
37. Construction bins for non-recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of the public
right-of-way. (Example: street side of curb is public right-of-way. Not allowed).
FIRE AUTHORITY CONDITIONS
38. Prior to the issuance of grading or building permits, the applicant shall submit a fire
hydrant location plan to the Fire Chief for the review and approval. Any existing
hydrants can be shown on the architectural plan.
39. Prior to the issuance of a building permit, the applicant shall provide evidence of
adequate fire flow. The Orange County Fire Authority Water Availability for Fire
Protection form shall be signed by the applicable water district and submitted to the Fire
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Exhibit "A" Page 6
Conditional Use Permit No. 2002-06/
Variance No. 2002-01
Conditions of Approval
Chief for approval. If sufficient water to meet fire flow requirements is not available, an
automatic fire extinguishing system may be required in each structure affected.
40. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use for each building on site to the Fire Chief for review and approval.
41. 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.
42. Prior to issuance of a building permit, plans for an approved fire-suppression system for
the protection of commercial-type cooking equipment shall be submitted to the Fire Chief
for review and approval.
43. Prior to issuance of a building permit, plans for an approved fire-suppression system for
the protection of commercial-type cooking equipment shall be submitted to the Fire Chief
for review and approval. This system shall be operational prior to the issuance of a
certificate of use and occupancy.
Effective: 4-08-2002
• Community Development Department • Planning Division •