Resolution No. 4227RESOLUTION NO. 4227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -8 - 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 change
the use of an existing restaurant /cocktail lounge to a cocktail lounge use located at 5591
Lincoln Avenue, in the CH- 10,000 Commercial Heavy 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 zone in which the site
is located is:
Intended to provide appropriately located areas for establishments
catering primarily to highway travelers, visitors to the City or such
businesses or uses where direct access to major arterial highways is
essential or desirable for their operation.
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) The bar and grill with onsite General Alcohol is consistent with
the objectives of the Cypress Zoning Ordinance and the purpose of the zone
in which the site is located.
(2) The conditions under which Amendment to Conditional Use
Permit No. 84 -8 will be operated or maintained will not be detrimental or
materially injurious to surrounding properties.
(3) That the proposed conditional use will comply with each of the
applicable provisions of this ordinance, except for approved variances.
c. The proposed amended 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 Amendment to Conditional Use Permit No. 84 -8,
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 August , 1993.
1.
4E3
A1-1'EST:
CITY CL RK 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 9th day of August , 1993, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Kerry
47Ye421.
CITY CLERK OF 'I CITY OF CYPRESS
2
46
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -8
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
2. 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. 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 %).
3. All existing public improvements 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.
4. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
5. The 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 (§ 2100 et seq. - including but not by way of
limitation § 21152 and 21167). City shall promptly notify
Exhibit "A"
Amendment to Conditional Use Permit No. 84 -8
Conditions of Approval
Page 2
4F.3
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.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
7. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Amendment to Conditional Use Permit No. 84 -8
becoming effective.
8. Any expansion or modification of the approved use beyond what is approved as part
of Amendment to Conditional Use Permit No. 84 -8 will require an amendment to
the conditional use permit.
9. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
10. Adult supervision (over 21 years of age) shall be maintained on the business premises
at all times.
11. This amended conditional use permit shall be effective for one (1) year from the date
of approval and 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. The applicant shall reapply
for a new application prior to expiration of the one (1) year time limit.
12. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department
Standards.
13. 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 structure.
14. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
15. The applicant shall provide a trash enclosure onsite at a location acceptable to City
staff.
Exhibit "A"
endment to Conditional Use Permit No. 84 -8
ditions of Approval
Page 3
16. Parking for the handicapped shall be provided in accordance with State requirements.
17. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
18. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
19. A comprehensive sign program for both building and freestanding monument signs
shall be submitted for Planning Department approval prior to any signing installation.
The developer shall not erect or display on the subject property any signs which have
not been approved in writing by the Planning Department.
20. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
21. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
22. All walls, fences and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the structure 's
structural integrity or appearance.
23. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition
such that any concrete, asphalt, or other driving or walking surfaces are free of
potholes, buckled or cracked surfaces, or raised areas. Parking lot areas shall be
restriped as shown on the site plan and in accordance with State handicap
requirements.
24. The property shall be maintained free of the accumulation of trash and debris.
Trash and debris associated with the permitted uses are to be stored solely in
designated trash enclosures.
25. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface finished
materials. All portions of the building which are not presently painted shall be
painted to the satisfaction of the Planning Department. The color shall be submitted
to the Planning Department for approval prior to painting the building.
26. The City Council shall maintain the right to review the cocktail lounge'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.
Exhibit "A"
Amendment to Conditional Use Permit No. 84 -8
Conditions of Approval
Page 4
4 7
27. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City
to file the Certificate of Fee Exemption in accordance with Fish and Game Code
Section 753.5 with the Notice of Determination required under Public Resources
Code Section 21152 and Title 14 of the California Code of Regulations. If, within
such forty -eight (48) hour period, the applicant /developer has not delivered to the
Planning Department the check required above, the approval for the project granted
herein shall be void.
28. 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.
29. An automatic fire sprinkler system, approved by the Fire Marshal, may be installed.
30. 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.
Effective 7/26/93
433
A'1-1'EST:
CIT4F1/
K 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 9th day of August , 1993, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Nicholson and Partin
NOES:
ABSENT:
ABSTAINED:
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Kerry
ce)/zze,
CITY CLERK OF TAE CITY OF CYPRESS
2
46 t
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -8
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
2. 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. 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 %).
3. All existing public improvements 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.
4. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
5. The 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 (§ 2100 et seq. - including but not by way of
limitation § 21152 and 21167). City shall promptly notify
Exhibit "A"
Amendment to Conditional Use Permit No. 84 -8
Conditions of Approval
Page 2
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.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
7. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Amendment to Conditional Use Permit No. 84 -8
becoming effective.
8. Any expansion or modification of the approved use beyond what is approved as part
of Amendment to Conditional Use Permit No. 84 -8 will require an amendment to
the conditional use permit.
9. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
10. Adult supervision (over 21 years of age) shall be maintained on the business premises
at all times.
11. This amended conditional use permit shall be effective for one (1) year from the date
of approval and 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. The applicant shall reapply
for a new application prior to expiration of the one (1) year time limit.
12. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department
Standards.
13. 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 structure.
14. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
15. The applicant shall provide a trash enclosure onsite at a location acceptable to City
staff.
Exhibit "A"
endment to Conditional Use Permit No. 84 -8
ditions of Approval
Page 3
16. Parking for the handicapped shall be provided in accordance with State requirements.
17. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
18. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
19. A comprehensive sign program for both building and freestanding monument signs
shall be submitted for Planning Department approval prior to any signing installation.
The developer shall not erect or display on the subject property any signs which have
not been approved in writing by the Planning Department.
20. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
21. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
22. All walls, fences and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the structure's
structural integrity or appearance.
23. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition
such that any concrete, asphalt, or other driving or walking surfaces are free of
potholes, buckled or cracked surfaces, or raised areas. Parking lot areas shall be
restriped as shown on the site plan and in accordance with State handicap
requirements.
24. The property shall be maintained free of the accumulation of trash and debris.
Trash and debris associated with the permitted uses are to be stored solely in
designated trash enclosures.
25. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface finished
materials. All portions of the building which are not presently painted shall be
painted to the satisfaction of the Planning Department. The color shall be submitted
to the Planning Department for approval prior to painting the building.
26. The City Council shall maintain the right to review the cocktail lounge'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.
Exhibit "A"
Amendment to Conditional Use Permit No. 84 -8
Conditions of Approval
7
Page 4
4 ! 7
27. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City
to file the Certificate of Fee Exemption in accordance with Fish and Game Code
Section 753.5 with the Notice of Determination required under Public Resources
Code Section 21152 and Title 14 of the California Code of Regulations. If, within
such forty -eight (48) hour period, the applicant /developer has not delivered to the
Planning Department the check required above, the approval for the project granted
herein shall be void.
28. 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.
29. An automatic fire sprinkler system, approved by the Fire Marshal, may be installed.
30. 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.
Effective 7/26/93