Resolution No. 6321RESOLUTION NO. 6321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006 -01
- 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 4.19.070 of the Zoning Ordinance of the City of Cypress to
approve the request to extend the hours of operation and allow outdoor dining for an existing
Korean Style Restaurant located at 4450 Lincoln Avenue within the PC Planned Community Zone,
Lincoln Avenue Specific Plan area.
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 Planned Community Zone in which the site is
located, which is:
Intended to provide opportunity for the design and development of integrated,
master - planned projects in areas of the City which may benefit from special
design standards and land uses not otherwise possible under conventional
zoning district regulations. The PC zoning district is intended to permit a
compatible mix of land uses, planned commercial developments, and business
parks, and a variety of housing styles and densities.
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 hours of operation and outdoor dining would be
consistent with similar uses within the City.
(2) Conditions of approval have been imposed to limit the hours of
operation to ensure compliance with the Cypress City Code 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. 2006 -01, 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 9th day of July, 2012.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
OR OF Ti, ' ITY 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 9th
day of July, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
1004—bue___
CITY CLERK OF THE CITY OF CYPRESS
367
EXHIBIT "A" 368
Amendment to Conditional Use Permit No. 2006 -01
4450 Lincoln Avenue
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 _se q. - 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. All applicable conditions of Amendment to Conditional Use Permit No. 2006 -01 shall be
complied with prior to this permit becoming effective.
5. All business activity shall be limited to within the building and the outdoor patio area.
Temporary Use Permits may be granted for outdoor activity in accordance with Section 13.21
of Cypress Zoning Ordinance.
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 •
369
Exhibit "A"
Amendment to Conditional Use Permit No. 2006 -01
Conditions of Approval
PUBLIC WORKS CONDITIONS
Fats, Oils, and Grease
Page 2
7. The applicant shall comply with the requirements of Ordinance No. 1065 relative to Fats, Oils
and Grease.
Water Quality
8. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress Municipal
Code regarding stormwater pollution prevention including, but not limited to, obtaining a
commercial /industrial stormwater discharge permit from the Public Works Department,
prior to the issuance of a final certificate of occupancy.
9. 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.
10. The applicant shall construct new or modify its existing trash enclosure structure to possess
a solid covered roof that prohibits stormwater to enter and then discharge from the
enclosure. The applicant shall obtain all required permits from the Building Department for
construction and also obtain final inspection from the Public Works Department to ensure it
meets the above mentioned criteria prior to the issuance of a final certificate of occupancy.
COMMUNITY DEVELOPMENT CONDITIONS
11. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
12. All product and material storage shall occur within the building. Exterior storage is specifically
prohibited.
13. The consumption of alcoholic beverages in the outdoor patio area is strictly prohibited.
14. The use of "live entertainment ", as defined in the Cypress Municipal Code, is strictly
prohibited at this location.
15. This Amendment to 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.
16. The property shall be maintained free of the accumulation of trash and debris. Trash and debris
associated with the permitted use are to be stored solely in designated trash enclosures.
• Community Development Department • Planning Division •
370
Exhibit "A"
Amendment to Conditional Use Permit No. 2006 -01
Conditions of Approval
Page 3
17. Exterior building elevations shall be maintained in a safe and clean appearance such that the
buildings are free of broken, missing, significantly cracked, or peeling surface finished
materials.
18. This existing use shall be limited to the onsite sale of beer and wine only. The sale of
alcoholic beverages from the drive- through window is prohibited.
19. The use of this establishment "restaurant" shall remain a restaurant and shall not be converted
into a "night club ".
20. The hours of operation for the restaurant shall be limited from 11:00 a.m. to 12:00 midnight.
Sunday through Thursday, 11:00 a.m. to 2:00 a.m. Friday and Saturday inside the restaurant,
and 11:00 a.m. to 10:00 p.m. seven (7) days a week in the outdoor patio area.
21. The entrance to the drive - through aisle shall be closed off to vehicular traffic by a method
acceptable to the Community Development Department. Examples of acceptable closure
methods would include: bollards and chain, large potted plants with irrigation, or concrete
curbing.
22. Quarterly reviews of the restaurant shall be conducted by City staff during the first year
of operation to determine if the use is creating any adverse impacts on surrounding uses.
23. Advertisement on the umbrellas is prohibited.
24. Ninety (90) days after the approval of Amendment to C.U.P. No. 2006 -01, City staff shall
return to the City Council with a status report addressing any issues related to the
approved hours of operation for the use.
25. A window sign shall be placed on the glass door that transitions from the restaurant to
the outdoor patio area which states the following: "NO ALCOHOLIC BEVERAGES
BEYOND THIS POINT ". The sign shall be in English and Korean text and shall consist
of lettering at least two (2) inches in height.
Effective: 7 -9 -2012
• Community Development Department • Planning Division •