Resolution No. 6350512
RESOLUTION NO. 6350
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 96 -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 an amendment to a conditional use permit
in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City
of Cypress to allow the consumption of beer and wine in the outdoor patio area of the
California Fish Grill Restaurant located at 10569 Valley View Street within the PC -5
Planned Community Business Park 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 PC -5 Planned
Community Business Park Zone in which the site is located, which is:
Intended as an area involving a mixture of light industrial /research
and development, offices and commercial uses which complements
surrounding, existing and planned land uses.
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 consumption of beer and wine in the outdoor
patio area at this location will serve the public convenience or necessity for
the surrounding area.
(2) The proposed consumption of beer and wine in the outdoor
patio area would be consistent and compatible with other commercial and
restaurant uses currently located within the same commercial shopping
center.
(3) Conditions of approval have been imposed to ensure
compliance with the Cypress City Code, the Cypress View Limited Specific
Plan, and other applicable regulations for restaurant uses serving alcoholic
beverages which includes outdoor dining.
(4) Conditions of approval shall restrict the restaurant to prevent
noise impacts on adjacent uses.
(5) Standard conditions of approval have been imposed to ensure
compliance with the requirements of the Cypress City Code, the Department
of Alcoholic Beverages Control, and other applicable regulations.
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 Amendment to Conditional Use Permit No. 96 -2,
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.
513
PASSED AND ADOPTED by the City Council of the City Qf Cypress at a regular
meeting held on the 28th day of January, 2013.
MAYOR OII THE CITY OF CYPRESS
ATTEST:
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 28th day of January, 2013, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Yarc, Johnson, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
CITY CLERK OF THE CITY O CYPRESS
EXHIBIT "A" 514
Amendment to Conditional Use Permit No. 96 -2
10569 Valley View Street
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
2. 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.
3. 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
6. 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.
• Community Development Department • Planning Division •
515
Exhibit "A"
Amendment to Conditional Use Permit No. 96 -2
Conditions of Approval
Page 2
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
8. All applicable conditions of Amendment to Conditional Use Permit No. 96 -2 shall be
complied with prior to occupancy of the subject building.
9. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant, and all agents thereof.
PUBLIC WORKS CONDITION
Water Quality
10. 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.
COMMUNITY DEVELOPMENT CONDITIONS
11. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverages Control prior to Amendment to Conditional Use Permit No. 96 -2 becoming
effective.
12. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 96 -2 will require an amendment to the
conditional use permit.
13. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
14. This Amendment to Conditional Use Permit No. 96 -2 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.
15. All alcoholic beverages must be consumed on the premises. The consumption of
alcoholic beverages outside of the outdoor patio area is strictly prohibited. A sign shall
be posted, to the satisfaction of the Director of Community Development, on both of
the exit gates located in the outdoor patio area stating that "Alcoholic beverages
beyond this point are prohibited ".
16. The restaurant is subject to the Cypress City Code, the Cypress View Limited Specific Plan
and other applicable regulations.
• Community Development Department • Planning Division •
516
Exhibit "A"
Amendment to Conditional Use Permit No. 96 -2
Conditions of Approval
Page 3
17. 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.
18. The business owner /onsite manager is responsible to ensure that the outdoor patio noise
does not disturb adjacent uses.
19. Upon expiration or termination of the tenant's lease term, the tenant or property owner
shall remove all wall signs, patch the canopy and fascia, and paint the patched area to
match the surrounding wall fascia.
20. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
21. 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.
22. Deliveries shall comply with the noise provisions of Section 13 -68 of the Cypress City
Code.
23. Should substantiated complaints be received, this Conditional Use Permit may be modified
and/or revoked, subject to a public hearing.
24. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
25. Any type of advertisement is strictly prohibited on the awnings.
26. 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 graffiti which threatens the appearance.
27. 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.
28. 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. In the event
the material becomes faded or torn, the applicant/owner shall replace the material to the
satisfaction of the Cypress planning division.
29. The applicant shall comply with all applicable requirements contained in the latest Edition
of the Department of Alcoholic Beverage Control (ABC) Enforcement Manual.
• Community Development Department • Planning Division •
517
Exhibit "A"
Amendment to Conditional Use Permit No. 96 -2
Conditions of Approval
POLICE CONDITION
Page 4
30. A sign shall be posted in the interior of the business stating that "Alcohol is prohibited
beyond the approved business premises ".
Effective: 1 -28 -2013
• Community Development Department • Planning Division •