Resolution No. 6154 029
RESOLUTION NO. 6154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2009-03 - 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 Article 4, Section 19, of the Zoning Ordinance of the City of Cypress to
allow the onsite sale of beer and wine at a new Chinese Restaurant located at 4139 Ball
Road 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 in accord with the
objectives of the Zoning Ordinance and the purpose of the CG Commercial
General Zone in which the site is located, which is:
Intended as a zone providing 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 location of the existing restaurant and enclosed patio
area is consistent with the CG Commercial General Zone and General Plan
Land Use designations of the subject property.
(2) Sufficient onsite parking is provided to accommodate the
proposed use in addition to other uses within the commercial center.
(3) The proposed restaurant use is compatible with the other
existing uses within the commercial center.
(4) Conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations.
(5) The proposed restaurant with beer and wine would serve the
public convenience and necessity.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
d. The sale of onsite beer and wine is consistent with other similar
restaurants within the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2009-03, subject to the
conditions attached hereto as Exhibit "A".
030
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of July, 2009.
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MA •R OF TH C •F CYPRESS
ATTEST:
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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 27th day of July, 2009, 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
v/
CITY CLERK OF THE CITY OF CYPRESS
031
EXHIBIT "A"
Conditional Use Permit No.2009-03
4139 Ball Road
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 applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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
5. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to the installation of any
signs. 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.
6. Any and all correction notices(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 Department •Planning Division •
032
Exhibit "A" Page 2
Conditional Use Permit No. 2009-03
Conditions of Approval
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2009-03 will require an amendment to the conditional use
permit.
8. 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.
9. All proposed exterior and interior modifications including wall signs shall be reviewed by
the Community Development Department prior to the issuance of any building permits.
10. The developer, applicant, owner or any agent thereof shall not erect or display on the subject
property any temporary signs which have not been approved in writing by the Community
Development Department.
11. Adult supervision (over 21 years of age) shall be maintained on the business premises
during business hours.
12. The hours of operation shall be limited to between 11:00 a.m. and 9:00 p.m. weekdays,
and from 12:00 p.m.to 9:00 p.m.Saturday and Sunday.
13. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
14. 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.
15. 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.
16. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 2009-03 becoming effective.
17. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
18. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. Any new lighting installed in the patio
enclosure area shall be subject to the review and approval of the Community Development
Department.
• Community Development Department •Planning Division •
033
Exhibit "A" Page 3
Conditional Use Permit No. 2009-03
Conditions of Approval
19. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors,to the satisfaction of City staff.
20. Temporary sign displays outside the building shall require the application and approval of a
temporary use permit from the Community Development Department.
21. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
22. Late night or early morning deliveries shall be specifically prohibited.
23. Interior building construction and tenant improvements shall be limited to the hours between
7:00 a.m. and 8:00 p.m. Monday through Saturday, only if the City's noise standards are
exceeded. No construction activity shall be allowed on Sundays or federal holidays.
Compliance with this measure is subject to field inspection by City staff.
24. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
25. Any form of live entertainment as defined by Section 9-1 of the Cypress City Code
shall be prohibited.
26. No outdoor furniture in relation to this project shall be allowed on the subject site.
BUILDING CONDITIONS
27. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the City of Cypress.
STORMWATER CONDITIONS
28. Applicant shall upgrade the existing grease interceptor device by installing a sample box
pursuant to the Public Works Standard Plan No. 299 prior to the issuance of any building
permits and/or commencing business.
Effective: 7-27-2009
• Community Development Department •Planning Division •