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Resolution No. 4485 371 RESOLUTION NO. 4485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 83-2 - 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 add video, redemption, and kiddie games to an existing pizza parlor located at 6191 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 proposed use is compatible with surrounding uses, subject to the conditions of approval including the hours of operation, onsite operational supervision and parking. (2) The proposed hours of operation will be less intense by the reduction of hours of operation which were from 10:30 a.m. until 2 a.m. to now proposed from 10 a.m. until 11 p.m. for the operation of video, redemption and kiddie games. (3) The proposed operation complies with the intent of the General Plan and Zoning Code for this area. c. The proposed conditional use conforms to 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 Amendment to Conditional Use Permit No. 83-2, 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 22nd day of May , 1995. AYOR OF THE CITY OF CYPRESS ATTEST: /14:1/4e1;971CITY CLERK OF THE CI OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS - 1 - dinimumui quPC - 372 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 22nd day of May , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE ITY OF CYPRESS - 2 - 373 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 83-2 6191 BALL ROAD CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. 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 (§ 21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall promptly notify 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. 2. 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. 3. 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 permitted by this amendment. 4. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 5. All applicable conditions of Amendment to Conditional Use Permit No. 83-2 shall be complied with prior to commencement of the business operation permitted by this amendment. 6. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning Ordinance. Community Development Department • Planning Division uLFFs- _,� -- - 374 Exhibit "A" Page 2 Amendment to Conditional Use Permit No. 83-2 Conditions of Approval 7. 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 Thirty-Eight Dollars ($38.00) County administrative fee, to enable the City to file the Notice of Exemption in accordance with Fish and Game Code Section 711.4, 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. PLANNING CONDITIONS 8. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 83-2 will require an amendment to the conditional use permit. 9. Adult supervision(over 21 years of age) shall be maintained on the business premises and within the game area at all times during operation. 10. No alcohol shall be permitted within the game area. 11. Interior floor plan and the installation of games shall receive final approval from both the Building Department and the Fire Department. 12. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 13. The business hours of operation shall be limited from 10:30 A.M. to 11:00 P.M. Monday through Sunday. Late night or early morning deliveries shall be specifically prohibited. 14. The access door to the business premises facing the alleyway and adjoining multiple- family residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. 15. A minimum of twenty-two (22) parking spaces shall be maintained for this use at all times. 16. No outdoor assembly of patrons is permitted. 17. The proper permits and approvals shall be obtained pursuant to City of Cypress Codes to maintain and continue to operate the existing satellite dish or the applicant shall remove Community Development Department • Planning Division j / J Exhibit "A" Page 3 Amendment to Conditional Use Permit No. 83-2 Conditions of Approval the dish within six (6) months from the effective date of Amendment to Conditional Use Permit No. 83-2. BUILDING CONDITIONS 18. Applicant/developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 19. An automatic fire sprinkler system, approved by the Fire Marshal, may be required. POLICE CONDITIONS 20. Interior lighting level shall be maintained to a minimum of one (1) footcandle of light three feet (3') above floor surface. 21. All machines should be visible to a facility attendant. 22. School age children under the age of eighteen (18) shall not be permitted inside the "game" area during school hours. FIRE CONDITIONS 23. Provide additional information and/or a detailed plan showing type of seating arrangement i.e. booths, tables and chairs etc. Also, include current occupant load. If total occupant load exceeds 300 persons, business would be classified an A-2.1 which requires an alarm system. Effective 05/22/95 Community Development Department • Planning Division