Resolution No. 6670RESOLUTION NO 6670
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO 3125 WITH CONDITIONS
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS
1 That an application was fled for a conditional use permit in accordance with
the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to amend
the hours of operation for an existing restaurant located at 4109 Ball Road within the CG
Commercial General 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 CG Commercial General
Zone in which the site is located, which is:
Intended to serve the daily shopping needs of the community, including
shopping centers which may be anchored by large-scale retail outlets,
entertainment uses, hotels, and restaurants. The CG zoning district is
consistent with the General Neighborhood Commercial land use
designation of the Cypress General Plan.
b. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detnmental to the public health,
safety or welfare, or be materially injurious to properties or improvements in the
vicinity in that.
(1) The location of the existing restaurant is consistent with the
permitted uses of the Cypress General Plan and the Commercial General
Zone in which the site is located.
(2) The restaurant is within an existing commercial center with
businesses open until midnight.
(3) The shopping center in which the restaurant is located contains
sufficient parking to accommodate the use and other uses within the center.
(4) No complaints have been received regarding the existing
restaurant or other restaurants serving alcohol within the shopping center
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No 3125, subject to the conditions
attached hereto as Exhibit "A
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 29th day of May 2018.
OF HE CITY OF CYPRESS
414
ATTEST
415
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, DENISE BASHAM, 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 29th day of May 2018, by the following roll call vote:
AYES. 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry and Peat
NOES: 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS: None
7�PLO-LaVl
CITY CLERK OF THE CITY OF CYPRESS
416
EXHIBIT "A"
Conditional Use Permit No. 3125
4109 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1 1 Unless and until the project applicant and property owner sign and return a City -provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have 15 calendar days to return
the signed affidavit to the Community Development Department. Failure to do so will render
City Council action on the application void. (Planning)
1.2. The applicant 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 semc. including but not by way of limitation § 21152 and 21167). City shall
promptly notify the applicant of any claim, action, or proceeding brought within this time
period. (City Attornev)
1.3 The applicant'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 30 day cancellation notice to the City of Cypress (City Attorney)
1 4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning)
2. Planning
2.1 Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit. (Planning)
2.2. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 19, of the Cypress Zoning Ordinance.
(Planning)
Community Development Department Planning Division •
417
Exhibit A
Conditional Use Permit No. 3125
Conditions of Approval
3. Architectural N/A
4. Signage N/A
5. Landscaping N/A
6. Operational
Page 2
6.1. The business hours of operation shall be limited from 10:00 a.m. to 11:00 p.m. seven
days a week (Planning)
6.2. The access door to the business premises facing the alleyway and adjoining residences shall
remain closed during all hours of business operation. Said door shall be designated and used
for emergency exit purposes only (Planning)
6.3. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.4. All product and matenal storage shall occur within the building Exterior storage is
specifically prohibited. (Planning)
6.5. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
6.6 The kitchen shall remain open and food shall be served until closing time.
7 Property Maintenance
7.1. 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. (Planning)
7 2. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7 3. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms
and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once
notified in writing by the City (Planning)
Community Development Department Planning Division
418
Exhibit A
Conditional Use Permit No. 3125
Conditions of Approval
8. Fees
Page 3
8.1. Within 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 $50.00 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 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. (Planning)
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17 Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. The applicant shall subscribe to trash, recycling, and organics recycling through the
City s disposal services contractor and require employees implement source separated
recycling practices. Sufficient receptacles shall be placed outside to collect solid waste
generated by its patrons. No less than one receptacle per solid waste category shall be
provided. These shall be properly maintained and not allowed to overflow. (Engineering,
Water Quality)
20. Building and Safety N/A
21. Security
21.1. All exterior doors, during non -daylight hours, shall be illuminated with a minimum of
one footcandle of light. All exterior bulbs shall be protected by weather and vandalism
resistant cover(s). (Police Department)
Community Development Department Planning Division
419
Exhibit A
Conditional Use Permit No. 3125
Conditions of Approval
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective' 5-29-18
SECTIONS
1 General
2. Planning
3 Architectural
4. Signage
5 Landscaping
6. Operational
7 Property Maintenance
8. Fees
9 Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17 Utilities
18. Drainage
19 Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25 Fire
Page 4
Community Development Department Planning Division