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HomeMy WebLinkAboutResolution No. 6233349 RESOLUTION NO. 6233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2010 -13 - 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 approve the onsite sale of beer and wine license for an existing restaurant located at 5490 Lincoln Avenue in the PC Planned Community 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 Planned Community Zone in which the site is located, which 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 sale of beer and wine would be consistent with the uses permitted within the applicable Downtown District of the Lincoln Avenue Specific Plan and the PC Planned Community Zone. (2) The proposed sale of beer and wine would be consistent with the goals, policies and objectives of the Cypress General Plan, as updated in 2001. (3) Sufficient access and parking for the proposed use exists within the subject commercial center. (4) The sale of beer and wine would be subject to the requirements of the State Department of Alcoholic Beverage Control (ABC). 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. 2010 -13, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City I Cypress at a regular meeting held on the 14th day of February, 2011. / ZitA, './w MAYOR HE CI Y OF CYPRESS ATTEST: IO t coo -kam CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 350 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 14th day of February, 2011, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 351 EXHIBIT "A" Conditional Use Permit No. 2010 -13 5490 Lincoln Avenue CONDITIONS OF APPROVAL Bolded text denotes new conditions specific to this use. 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 m. - 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 applicant/developer shall comply with all provisions of the Code of the City of Cypress. 4. 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. 5. 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 CONDITIONS 6. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 2010 -13 becoming effective. • Community Development Department • Planning Division • 352 Exhibit "A" Conditional Use Permit No. 2010 -13 Conditions of Approval Page 2 7. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2010 -13 will require an amendment to the conditional use permit. Offsite sale of alcohol at this location shall be prohibited. 8. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. 9. 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. 10. The business owner shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. 11. All product and material storage shall occur within the building. Exterior storage and/or activities are specifically prohibited. 12. Loitering by patrons of the business in the parking lot area shall be prohibited. 13. 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. 14. The City Council shall maintain the right to review the business' 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. 15. The business hours of operation shall be limited from: 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 10:00 a.m. to 10:00 p.m. on Friday and Saturday. Late night or early morning deliveries (between 10:00 p.m. and 7:00 a.m. weekdays and Saturdays, and between 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays) shall be prohibited. FAT'S, OILS AND GREASE CONDITION 16. The restaurant shall be subject to all requirements of the City's Fat's, Oils, and Grease (FOG) program pursuant to Ordinance No. 1065 of the Cypress Municipal Code. This includes installation of an in the ground grease interceptor pursuant to Section 13 -87 (b) of the Cypress Municipal Code. Restaurant grease control device shall conform to City of Cypress specifications for restaurants including the use of a concrete collar system around lid openings. Said grease control device shall be subject to inspection requirements per the FOG ordinance. • Community Development Department • Planning Division • 353 Exhibit "A" Conditional Use Permit No. 2010 -13 Conditions of Approval BUILDING CONDITION Page 3 17. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California Administrative Code, Title 24, and the Code of the City of Cypress. Effective: 2 -14 -2011 • Community Development Department • Planning Division •