Resolution No. 4122211
RESOLUTION NO. 4122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 92 -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 operate a
full service Mexican restaurant with the onsite sale of beer and wine located at 6830
Katella Avenue, in the Cypress Plaza shopping center, part of the PC -4 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 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 result in a development of a general business - office character
which complements surrounding, existing and planned land uses.
Regulations provide an appropriate amount of flexibility to anticipate
future conditions and to properly integrate a mixture of office and
retail /service commercial 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 restaurant with onsite beer and wine is consistent with the
commercial uses provided for in the Warland /Cypress Specific Plan, PC -4
Business Park Planned Community Zone.
(2) The project is consistent with the purpose and intent of the
Cypress Fashion Plaza, Conditional Use Permit No. 85 -4, and is compatible
with surrounding commercial uses.
(3) Adequate access, parking, and onsite circulation are provided
within the existing commercial center to serve the restaurant.
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. 92 -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 9th day of November , 1992.
1
MAYOR OF THE CITY OF CYPRESS
ATTEST:
F CYPRESS
�'Y
CITY RK a / CI O
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 9th day of November, 1992, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age,Bowman, Kerry and Nicholson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Partin
2
9 �
CITY"CLERK OF THE t OF CYPRESS
215
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-16
CONDITIONS OF APPROVAL
1. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
2. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
3. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
4. A grease interceptor will be required.
5. Prior to the issuance of any building permits for combustible construction, evidence
that a water supply for fire protection is available shall be submitted to and approved
by the Fire Chief. Fire hydrants and access roads shall be in place and operational to
meet required fire -flow prior to commencing construction with combustible
materials. Indicate the existing fire hydrants on a site plan.
6. Prior to the issuance of any building permits, plans shall be submitted to the Fire
Chief for approval. These plans shall be drawn to a commonly recognized scale.
Provide a site plan, floor plan and seating plan.
7. Applicant /developer shall provide the following circled notes on the site plan:
FIRE DEPARTMENT NOTES
0 Fire Department Final Inspection Required. Schedule inspection 2
days in advance. Phone 821 -7850
0 Locations and classifications of extinguishers to be determined by
fire inspector
3 Storage, dispensing or use of any flammable and combustible
liquids, flammable and compressed gasses and other hazardous
materials shall comply with Uniform Fire Code Regulations.
4 Building(s) not approved for high piled combustible storage.
Materials in closely packed piles shall not exceed 15 feet in height,
12 feet on pallets or in racks and 6 feet for tires, plastics and some
flammable liquids. If high stock piling, comply with UFC, Art. 81
and NFPA Std. 231, 231 C and 231 D.
O Plans of modifications to or new fire protection, detector or alarm
system(s) shall be approved by the Fire Department prior to
installation.
Exhibit "A"
Conditional Use Permit No. 92 -16
Conditions of Approval
216
Page 2
8. Prior to the issuance of any building permits, plans shall be submitted to and
approved by the Fire Chief for a hood and duct automatic /manual fire extinguishing
system over the cooking surfaces (Uniform Fire Code Sec. 10.513).
9. All applicable conditions of Conditional Use Permit No. 92 -16 shall be complied
with prior to occupancy of the subject building.
10. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
11. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
12. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
13. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
14. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage control prior to Conditional Use Permit No. 92 -16 becoming
effective.
15. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 92 -16 will require an amendment to the conditional
use permit.
16. The serving of beer and wine shall be an accessory use, and shall be permitted only as
an incidental use to the restaurant use.
17. The hours of operation shall not exceed the hours of 11 a.m. to 10 p.m. Monday
through Saturday and 11 a.m. to 9 p.m. on Sundays.
Revised 10/26/92