Resolution No. 6136 RESOLUTION NO. 6136 368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-14-
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 an amendment to a conditional use permit in accordance
with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the
upgrade of an On-Sale General Alcohol license (Type 70) which restricts the sale of general alcohol to
hotel customers only to an On-Sale General Alcohol license (Type 47) which would allow the
consumption of alcohol for the hotel patrons and the public who would dine a the hotel's restaurant
without overnight stay for the Woodfin Suites Hotel located at 5905 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
Cypress Zoning Ordinance and the purpose of the Cypress View Limited Specific Plan in which
the site is located, which is:
Intended as an area to provide development with a general light industrial, office,
and retail character which would complement surrounding, existing and planned
land uses.
b. The proposed location of the conditional use permit 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 sale of onsite general alcohol is consistent with other similar hotel
restaurants within the City.
(2) Conditions of approval have been imposed to ensure compliance with the
Cypress City Code and other applicable regulations.
c. The proposed conditional use permit will comply with each of the applicable
provisions of the Zoning Ordinance and the Cypress View Limited Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress
does hereby approve Amendment to Conditional Use Permit No. 88-14, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held
on the 27th day of April, 2009.
Ale
OF .I Y OF 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 April, 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 10
CITY CLERK OF THE CITY OF CYPRESS
369
EXHIBIT "A"
Amendment to Conditional Use Permit No. 88-14
5905 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 seg. - 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. All applicable conditions of Amendment to Conditional Use Permit No. 88-14 shall be
complied with prior to this permit becoming effective.
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 Determination 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 Department•Planning Division •
370
Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 88-14
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
6. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control (ABC) prior to Amendment to Conditional Use Permit No. 88-14 becoming
effective.
7. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
8. All product and material storage shall occur within the building. Exterior storage is specifically
prohibited.
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 property shall be maintained free of the accumulation of trash and debris. Trash and debris
associated with the permitted use are to be stored solely in designated trash enclosures.
11. Sales, services and consumption of alcoholic beverages shall be permitted only between the
hours of 9:00 a.m. and 11:00 p.m. each day of the week.
12. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licensee(s) as depicted on the ABC-257 dated 03/29/06 and
ABC-253 dated 03/29/06.
13. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.
14. Any graffiti painted or marked upon the premises or on any adjacent area under the control of
the licensee(s) shall be removed or painted over within 48 hours of being applied.
15. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the
premises over which they have control, as depicted on the ABC-257 dated 03/29/06 and ABC-
253 dated 03/29/06.
BUILDING CONDITIONS
16. Applicant/developer shall 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: 4-27-2009 (Revised)
• Community Development Department•Planning Division •