Resolution No. 6185 196
RESOLUTION NO. 6185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-02 -
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 Cypress Zoning Ordinance of the City of Cypress to
establish a sit-down restaurant with takeout within an existing commercial lease space located
at 6916 Katella Avenue in the PC-4 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. At the public hearing held on April 26, 2010, the City
Council considered the staff report and all information, testimony, evidence and written
comments presented during the public review period and at the public hearing.
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 and intent of the PC-4 Planned
Community Business Park Zone in which the site is located, which is:
Intended as an area for the development of a mix of business park,
commercial and office 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 restaurant is consistent with the types of uses
permitted within the Warland/Cypress Business Center Specific
Plan.
(2) Adequate onsite parking will be provided for the proposed
restaurant use.
(3) The proposed restaurant use has been adequately conditioned to
ensure compatibility with the surrounding commercial uses.
c. The proposed restaurant, as conditioned, will comply with each of the
applicable provisions of the Warland/Cypress Business Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2010-02, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of e ity of Cypress at a regular
meeting held on the 26th day of April, 2010.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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197
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 26th day of April, 2010, 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
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198
EXHIBIT "A"
Conditional Use Permit No.2010-02
6916 Katella Avenue
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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 sec. - 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.
• Community Development Department •Planning Division •
199
Exhibit "A" Page 2
Conditional Use Permit No. 2010-02
Conditions of Approval
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
8. All applicable conditions of Conditional Use Permit No. 2010-02 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 California Department of
Social Services, County of Orange Health Department, County of Orange Fire Marshal's
Office, and the City of Cypress Building and Community Development Departments prior
to operation of the preschool.
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.
ENGINEERING CONDITIONS
13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution No.
6118, except as otherwise noted below):
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09).
FATS, OILS AND GREASE (FOG) CONTROL PROGRAM
14. The proposed restaurant would have to comply with the City's Fats, Oils, and Grease
(F.O.G.) Ordinance, including the installation of an in ground grease interceptor with
minimum capacity of 750 gallons.
COMMUNITY DEVELOPMENT CONDITIONS
15. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2006-10 will require an amendment to the conditional use
permit.
• Community Development Department•Planning Division •
200
Exhibit "A" Page 3
Conditional Use Permit No. 2010-02
Conditions of Approval
16. Adult supervision (over 21 years of age) shall be maintained on the business premises
during business hours.
17. The sale of alcoholic beverages at this location shall be prohibited. Prior to any sale of
alcoholic beverages from this facility, an amendment to the conditional use permit
shall be requested and obtained from the City.
18. This conditional use permit may be modified or revoked by the City Council if substantiated
complaints are received, or if the City Council determines 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.
19. No outdoor furniture and/or outdoor dining in relation to this project shall be allowed on the
subject site.
20. The business hours of operation shall be limited from 10:00 a.m. to 9:00 p.m. seven
days a week.
BUILDING CONDITIONS
21. 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.
22. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans. In lieu of microfilm, the applicant can provide
plans on CD rom with self-loading software or other format approved by the building
official.
Effective: 4-26-2010 (Revised)
• Community Development Department•Planning Division •