Resolution No. 6242403
RESOLUTION NO. 6242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2011 -03
- 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 4.19.070 of the Zoning Ordinance of the City of Cypress to
establish a bingo gaming operation within an existing office building located at 5856
Corporate Avenue 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 to allow for a well designed business park which can
respond to changing future market conditions and provide for a
physical mix of land uses and a range of employment opportunities.
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 has determined that bingo game operations, subject
to the approval of a conditional use permit, is consistent with the purpose
and intent and the uses permitted within the PC -5 Planned Community
Business Park Zone
(2) This project will be compatible with surrounding uses, subject
to the conditions of approval regarding permitted hours of operation, and
parking.
(3) The proposed location of the use is consistent with the
requirements of the General Plan and the zoning district in which the site is
located;
(4) The proposed location of the conditional use and the
conditions under which it would be operated or maintained would not be
detrimental to the public health, safety, or general welfare, nor would be
materially injurious to properties or improvements in the vicinity; and
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. 2011 -03, subject to the
conditions attached hereto as Exhibit "A ".
404
PASSED AND ADOPTED by the City Coun of the City f Cypress at a regular
meeting held on the 28th day of March, 2011.
ATTEST:
LAX_ Ouo-e.a,tnr)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAY ' HE CITY O 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 28th day of March, 2011, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Seymore, and Mills
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
405
EXHIBIT "A"
Conditional Use Permit No. 2011 -03
5856 Corporate 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 sue. - 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 2011 -03
Conditions of Approval
Page 2
8. All applicable conditions of Conditional Use Permit No. 2011 -03 shall be complied with
prior to occupancy of the subject building.
9. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning
Ordinance.
10. 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.
11. The applicants shall comply with all necessary requirements of the County of Orange Fire
Marshal's Office and City of Cypress Building and Planning Divisions prior to
commencement of the bingo operations.
12. 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.
COMMUNITY DEVELOPMENT CONDITIONS
13. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
14. The total number of seats for the Bingo use shall be limited to 222 seats. Any expansion
or modification of the approved use beyond what is approved as part of Conditional Use
Permit No. 2011 -03 will require an amendment to the conditional use permit.
15. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. No person under the age of 18 shall be allowed to participate in a bingo game.
16. 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.
17. A comprehensive sign program shall be submitted for Community Development
Department approval prior to the installation of any signage. The applicant or property
owner shall not erect or display on the subject property any signs which have not been
• Community Development Department • Planning Division •
406
C -4
407
Exhibit "A"
Conditional Use Permit No. 2011 -03
Conditions of Approval
approved in writing by the Community Development Department.
Page 3
18. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
19. 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.
20. The City Council shall maintain the right to review the 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 onsite parking or neighboring
businesses.
21. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
22. The hours of operation for the business shall be limited from 5:30 p.m. to 11:30 p.m.
Tuesday through Friday, and 2:00 p.m. to 11:30 p.m. on Saturday and Sunday. From
Tuesday through Friday, patrons of the bingo operation shall not utilize the parking
lot of the subject property, or surrounding parking areas, prior to 5:00 p.m.
23. This conditional use permit is granted only to this applicant and only for the
indicated tenant space. Should the lease with the property owner be terminated, the
conditional use permit would become void.
24. Prior to the commencement of the bingo operations, the applicant shall comply with
all applicable provisions of the City's Bingo Ordinance contained in Section 15C of
the Cypress Municipal Code.
25. The applicant shall provide onsite security personnel on the premises during the hours
of the bingo operations.
26. Should substantiated complaints be received that the parking for the bingo use is
precluding access to other businesses in the area, this conditional use permit shall be
brought back to the City Council for review and possible modification or revocation of
the permit. Possible modifications to the permit shall include, but not be limited to;
restricted hours of operation, restricted days of operation, and/or a decrease in the
amount of seats for the Bingo use.
27. This conditional use permit shall be subject to administrative reviews at three (3)
month intervals during the first year of operation.
C -5
• Community Development Department • Planning Division •
408
Exhibit "A"
Conditional Use Permit No. 2011 -03
Conditions of Approval
BUILDING CONDITIONS
Page 4
28. Applicant/developer shall obtain the required permits and comply with the applicable
provisions of the 2010 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2010 California Administrative Code, Title 24, and the Code of the
City of Cypress.
29. Building plans for all proposed tenant improvements shall be submitted for approval
to both the Cypress Building Department and the Orange County Fire Authority for
architectural review prior to occupying the lease space. The plans shall show existing
and proposed walls, details, exiting, occupant load, seating layout, exit signs, etc.
FIRE AUTHORITY CONDITION
30. Prior to the issuance of a building permit, the applicant shall submit architectural plans
for the review and approval of the Fire Chief as required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the Orange County Fire
Authority at (714) 573 -6100 for a copy of the Site /Architectural Notes to be placed on the
plans prior to submittal.
POLICE CONDITIONS
31. All State laws and City ordinances regarding Bingo operations shall be strictly adhered to at
all times.
32. Each organization operating Bingo Games at the subject site shall obtain a valid Bingo
License issued by the Chief of Police.
33. Each organization operating Bingo games at the subject site shall be audited annually. Each
Bingo operator shall be responsible for the cost of the respective audit.
34. All supplies and equipment associated with the Bingo game operations shall be securely
stored at the conclusion of each day /night's operation. No monies shall be stored overnight
anywhere in the facility.
Effective: 3 -28 -2011
• Community Development Department • Planning Division •