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Resolution No. 4271RESOLUTION NO. 4271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93 -16 - 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 17.2 of the Zoning Ordinance of the City of Cypress to continue operation of the Bethany Manor Development and Learning Center located at 5950 Lakeshore Drive, in the PCM Planned Commercial /Light Industrial 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 conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: Intended to encourage the establishment of compatible industries in areas where it is deemed desirable to provide for limited manufacturing facilities, and to establish standards of design and type of use which will enhance the area, be in harmony with the objectives of the General Plan and minimize detrimental effects to the public health, safety and welfare; to designate an area for modern industrial, research developments, retail and commercial uses that can meet high performance and development standards, while benefiting the community through growth, prosperity and providing an increasing supply of citizen employment and services; and to allow diversification of specified land uses as they relate to each other in a physical and environmental arrangements, while ensuring substantial compliance with the overall goals of the City as identified in the various elements of the General Plan. 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 location of the conditional use meets the intent of this ordinance and the purpose of the Planned Commercial /Light Industrial Park (PCM) Zone in which this site is located and further complies with the General Plan designation. (2) 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 materially injurious to properties or improvements in the vicinity because the proposed alterations will be confined to the interior of the structure. (3) The proposed conditional use will comply with each of the applicable provisions of this ordinance, in that the City will review the day care use within one (1) year from the date of approval in order to evaluate the continued compatibility of the project. (4) The proposed incidental use to include day care will not adversely impact the surrounding uses in that the recreational area is limited to one (1) hour use each day and does not require additional parking. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 102 c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 93 -16, 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 December , 1993. ATTEST: OF TH1 CITY OF CYPRESS MAYOR OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, 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 December, 1993, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Kerry and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4WIA CITY CLE F THJ CITY OF CYPRESS EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 93 -16 1. The Bethany Manor Development and Learning Center shall be restricted to outpatient therapy only, which specifically prohibits 24 -hour onsite residential patient care. 2. The infant care program shall not exceed a total of ten (10) infants with not more than four (4) at any one time and shall not increase the staffing for this use. 3. The older child program shall not exceed a total of eighteen (18) children with no more than twelve (12) children onsite at any one time. Staffing shall not be increased for this use. 4. Interior modification shall occur as proposed and any request to alter or increase the designated day care area shall require the approval of the City Council amending Conditional Use Permit No. 93 -16. 5. The exterior recreational area shall remain accessible to vehicles when not in use, requiring the gates to stay open. A sign shall be posted at the entrance of the site stating the hours and days of restricted rear parking. 6. Employee parking shall be restricted to the reciprocal parking area during the hours when the rear recreational parking is in use. 7. Should the City receive complaints of noise generated as a result of the exterior use, the City shall have the right to review and alter Conditional Use Permit No. 93 -16, as needed. 8. The parking area for this use shall be restriped as required by Section 14. Off - Street Parking of the Zoning Code and shall be maintained in a clean and safe manner. 9. Prior to the issuance of any building permits or a Certificate of Occupancy, plans shall be submitted and approved by the Fire Chief. The occupancy shall comply with the requirements of a Group E, Division 3. Effective 11/22/93