Resolution No. 6405254
RESOLUTION NO. 6405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 98 -11
- 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 amendment, in
accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of
Cypress, to allow outdoor dining without beer and wine service at an existing restaurant
located at 9921 Walker Street 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 consistent with the
requirements of the General Plan, the Zoning Ordinance, and the purpose of the
CG Commercial General Zone in which the site is located, which is:
Intended to provide for the continued use expansion, and new
development of a wide variety of retail and wholesale commercial
enterprises, service uses, entertainment uses, and similar
businesses.
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 City Council approved the existing restaurant with on -sale
beer and wine sales on July 13, 1998, as a conditionally permitted use, for
which no complaints have been received regarding the indoor operations.
(2) The proposed addition of outdoor dining, without beer and
wine service, at the existing restaurant is a conditionally permitted use. The
proposed conditions of approval include required signage prohibiting
alcoholic beverages in the outdoor seating area.
(3) The building official has reviewed the outdoor seating floor
plan and found it to be in compliance with handicapped access requirements
for minimum walkway width. The proposed conditions of approval include
required walkway requirements to be maintained.
(4) To ensure the safety of pedestrians walking around the
outside of the proposed outdoor dining area, the proposed conditions of
approval include a requirement for the installation of concrete wheel stops
within in the parking spaces located in front of this restaurant, to prevent
vehicle overhang onto the walkway.
(5) The subject property contains sufficient parking to meet the
current parking standards for the restaurant, including the proposed outdoor
seating area.
c. The proposed conditional use expansion 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 the Amendment to Conditional Use Permit No. 98-
11, subject to the modified conditions attached hereto as Exhibit "A ".
255
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 10th day of March, 2014.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR HE CITY OF CYPRESS
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 10th day of March, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
256
EXHIBIT "A"
Amendment to Conditional Use Permit No. 98 -11
9921 Walker Street
CONDITIONS OF APPROVAL
Notes:
Regular text denotes standard conditions.
Bolded conditions are specific to this project.
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 fifteen (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 seq. - 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 Attorney)
1.3. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.4. The applicant shall comply with all applicable existing conditions of the original
Conditional Use Permit No. 98 -11. (Planning)
1.5. All applicable conditions of the Amendment to Conditional Use Permit No. 98 -11
(effective 3 -10 -2014) shall be complied with prior to use of the outdoor dining area.
(Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
conditional use permit (as amended on 3 -10 -2014) will require an amendment to the
conditional use permit. (Planning)
• Community Development Department • Planning Division •
257
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -11
Conditions of Approval
Page 2
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.3. 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. (Planning)
3. Architectural
3.1. The proposed patio dining layout of tables, chairs, and walkways shall be maintained
as illustrated on the plans submitted, subject to approval by the City's Planning and
Building Divisions. (Planning)
4. Signage
4.1. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping N/A
6. Operational
6.1. The access door to the business premises facing the alleyway and adjoining single - family
residences shall remain closed during all hours of business operation. Said door shall be
designated and used for limited employee access to trash bins and employee parking, or
emergency exit purposes only. (Planning)
6.2. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. The hours of operation for the outdoor dining area shall not extend beyond the
previously approved restaurant's hours of operation, which shall be limited to
Monday through Thursday from 11:00 a.m. to 10:00 p.m., Friday and Saturday from
11:00 a.m. to 11:00 p.m., and Sundays from 4:00 p.m. to 10:00 p.m. The City Council
shall maintain the right to review the business' indoor and outdoor 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. (Planning)
• Community Development Department • Planning Division •
258
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -11
Conditions of Approval
Page 3
6.5. The outdoor dining area shall be limited to a maximum of twenty -three (23) seats
around corresponding portable tables.
6.6. The applicant/business owner shall maintain a minimum four foot (4') wide
pedestrian and handicapped accessible walkway through the middle of, and around
the perimeter of the outdoor dining area (as illustrated on the approved Floor Plan).
Small signs shall be placed at each outdoor table providing notice that patrons may
not move the locations of the tables and chairs into the walkway areas, as prohibited
by handicapped access requirements.
6.7. Concrete wheel -stops shall be installed within the parking spaces located adjacent to
the restaurant's lease area frontage to prevent vehicle encroachment into the walkway
area located between the parking lot and the building pilasters. Prior to installation,
the initial placement of the wheel -stops shall be subject to plan review and approval
by the City's Planning and Building Divisions.
6.8. The applicant /business owner shall post signs on both sides of the front door
providing notice that alcoholic beverages are not permitted in the outdoor dining
area.
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)
8. Fees
8.1 Within forty -eight (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 Fifty Dollars ($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 forty -eight (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
• Community Development Department • Planning Division •
259
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -11
Conditions of Approval
11. Sewer and Wastewater
Page 4
11.1. Prior to issuance of certificate of occupancy, the applicant, as required by Ordinance No.
1065 for Food Service Establishments, shall install a grease control device that meets the
requirements of Uniform Plumbing Code Section 1014.0 (Appendix H) and conforms to
the minimum requirements as specified in City of Cypress Standard Plan No. 299,
Sand /Oil Separator & Grease Interceptor with Sample Box. The installation of the
grease interceptor devise shall be completed within 90 days of approval of the
conditional use permit amendment. Failure to install the grease interceptor devise
shall be deemed a violation of the conditional use permit, and will result in the
suspension of outdoor dining privileges at the restaurant until compliance is
achieved. (Water Quality)
11.2. The applicant shall demonstrate that the business owner has properly trained their
employees on the proper disposal of fats, oils and grease best management practices.
(Water Quality)
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 place sufficient trash receptacles outside to collect trash generated by
its patrons. No less than one receptacle shall be provided. These shall be properly
maintained and not allowed to overflow. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant /developer shall comply with applicable provisions of the 2013 California Codes,
Title 24, and the City of Cypress Codes pertaining to handicapped access requirements.
(Building & Safety)
21. Security N/A
• Community Development Department • Planning Division •
260
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -11
Conditions of Approval
22. Antennas N/A
23. Alcohol
Page 5
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control, including applicable restrictions on the outdoor dining area. (Planning)
24. Alcohol — On -Sale Beer and Wine
24.1. No alcoholic beverages shall be consumed on any portion of the property adjacent to the
licensed premises under the control of the licensee. (Police Department)
25. Alcohol — Off -Sale Beer & Wine N/A
26. Fire - Residential N/A
27. Fire - Commercial N/A
Effective: 3 -10 -2014
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
• Community Development Department • Planning Division •
261
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -11
Conditions of Approval
24. Alcohol — On -Sale Beer & Wine
25. Alcohol — Off -Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 6
• Community Development Department • Planning Division •