Resolution No. 6210 264
RESOLUTION NO. 6210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-06 -
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 sushi restaurant with on-sale beer and wine within an existing
commercial lease space located at 5373 Katella Avenue, Unit "A", in the PBP Planned
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 July 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 PBP
Planned Business Park Zone in which the site is located, which is:
Intended to accommodate the development of professional and
administrative offices and support retail uses that complement the
Hotel Center within the Specific Plan area.
b. The proposed location of the condition use and the conditions
under which it would be operated or maintained will no h:: detrimental to the public
health, safety or welfare, or be materially injurious to p.�;:iorties or improvements in
the vicinity in that:
(1) The proposed restaurant with on-sale beer and wine is
consistent with the types of uses permitted within the Cypress
Business and Professional Center Specific Plan.
(2) The proposed restaurant with on-sale beer and wine would
comply with the parking requirements of the Cypress Zoning
Ordinance.
(3) The proposed restaurant with on-sale beer and wine 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 Cypress Business & Professional Center Specific
Plan and the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2010-06, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Count the City of Cypress at a regular
meeting held on the 26th day of July, 2010.
)■.)M��
MAY.R OF THE CITY OF CYPRESS
265
ATTEST:
KR-41/We- 616141,W)
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 26th day of July, 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
fr-VO,Atzt,Wi
CITY CLERK OF THE CITY OF CYPRESS
266
EXHIBIT "A"
Conditional Use Permit No. 2010-06
5373 Katella Avenue,Unit"A"
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 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 •
267
Exhibit "A" Page 2
Conditional Use Permit No. 2010-06
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. 2010-06 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. 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.
FATS, OILS AND GREASE (FOG) CONTROL PROGRAM
12. The Facility shall have an in ground grease interceptor device installed in accordance with
the City's Fats, Oils, and Grease (FOG) Control Program. The grease control device shall
conform to the minimum requirements as specified in City of Cypress Standard Plan No.
299, Sand/Oil Separator&Grease Interceptor with Sample Box.
13. The Facility shall obtain a FOG Permit in accordance with the City's FOG ordinance and
be subject to inspections under the City's Fats, Oils, and Grease (FOG) Control Program to
ensure grease control device and kitchen best management practices compliance.
COMMUNITY DEVELOPMENT CONDITIONS
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2010-06 will require an amendment to the conditional use permit.
15. Adult supervision (over 21 years of age) shall be maintained on the business premises during
business hours.
16. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 2010-06 becoming effective.
• Community Development Department • Planning Division •
268
Exhibit "A" Page 3
Conditional Use Permit No. 2010-06
Conditions of Approval
17. All proposed signage 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.
18. Temporary sign displays outside of the building shall require the approval of a temporary use
permit from the Community Development Department.
19. 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.
20. No outdoor furniture and/or outdoor dining in relation to this project shall be allowed on the
subject site without prior approval from the Cypress Planning Division.
21. 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.
22. The business hours of operation shall be limited from 10:00 a.m. to 10:00 p.m. Sunday
through Thursday and 10:00 a.m.to 11:00 p.m.on Friday and Saturdays.
23. Prior to any live entertainment occurring within the restaurant, a Live Entertainment
Permit shall be obtained from the City.
BUILDING CONDITION
24. 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.
Effective: 7-26-2010
• Community Development Department•Planning Division •