Resolution No. 3749RESOLUTION NO. 3749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -17 - 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 an amendment to conditional use
permit in accordance with the provisions of Section 17.2 of the Zoning
Ordinance of the City of Cypress to allow construction of a patio dining area
with an expanded beer and wine liquor license at the existing Gourmet Pie and
Pastry Restaurant located within the shopping center at 4139 Ball Road.
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 as an area for the location of retail and wholesale
commercial activities.
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 is consistent with the Cypress Zoning
Ordinance in that restaurants with onsite beer and wine are
permitted in the CG Commercial General Zone, subject to a
conditional use permit.
(2) The restaurant is an appropriate business to be located
within the existing commercial center, and is compatible with
surrounding commercial uses.
(3) The restaurant will be located within a commercial center
designed to provide adequate access and parking for restaurant
patrons.
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 Amendment to Conditional Use Permit No. 89 -17,
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 14th day of May, 1990.
)R OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF E ITY F 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 14th day of May, 1990, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ern;
CITY CLERK T E CI CYPRESS
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -17
CONDITIONS OF APPROVAL
1. The 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.
2. Fees required for improvements are as follows:
. Engineering plan checking and inspection fee, per
Resolution 2964.
. All applicable Building Department fees.
3. The applicant /developer shall comply with all provisions of
the City Code.
4. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
5. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
6. 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.
7. The applicant shall satisfy all necessary requirements of
the State Department of Alcoholic Beverage Control prior to
the Amendment to Conditional Use Permit No. 89 -17 becoming
effective.
8. Any expansion or modification of the approved use beyond
what is approved as part of the Amendment to Conditional Use
Permit No. 89 -17 will require an amendment to the
Conditional Use Permit.
4. --1 Exhibit "A"
Amendment to Conditional Use Permit No. 89 -17
Conditions of Approval
Page 2
9. 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.
10. Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
11. 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.
12. A detailed landscape and automatic irrigation plan shall be
submitted to the Planning Department for review and approval
at least sixty (60) days prior to issuance of a Certificate
of Occupancy. In addition, a bond shell be posted with the
Public Works Department to guarantee against defects in
plant materials and workmanship.
13. Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas.
14. The City Council shall maintain the right to review the
restaurant'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.
15. Prior to issuance of building permits, adequate parking
shall be provided for the subject commercial center to
include the proposed expansion. The parking plan shall be
subject to review and approval by the Planning Department.
16. All applicable conditions of Conditional Use Permit
No. 89 -17 shall be complied with prior to issuance of
building permits.
17. Pedestrian lighting shall be installed on the structural
addition, subject to review and approval of the Building
Department.
18. Two exits shall be provided. The two exits shall be
separated by a distance equal to 1/2 the diagonal dimension
of the building per Chapter 33, 1988 Edition of the Uniform
Building Code.
Exhibit "A"
Amendment to Conditional Use Permit No. 89 -17
Conditions of Approval
Page 3
19. Additional plumbing fixtures shall be provided for
additional occupant load, as required by Appendix C, 1988
Edition of the Uniform Plumbing Code.
20. The applicant /builder shall comply with all applicable
provisions of the 1988 Edition of the Uniform Building,
Plumbing, and Mechanical Code, the 1987 National Electric
Code, California State Title 24 Energy and Handicapped
Regulations, and the Cypress City Code.
21. Upon termination of a restaurant use, the building
modifications proposed as part of this Conditional Use
Permit shall be removed and the building shall be
restructured to its original configuration.
22. A trash enclosure, per City standards, shall be constructed
prior to issuance of Certificate of Occupancy for the
proposed building modifications.
KP /nl