Resolution No. 5993286
RESOLUTION NO. 5993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2006-10 - 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 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 take -out pizza restaurant within an existing commercial lease space located at 6879 Katella
Avenue in the PC -1 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 November 27, 2006, City Council
meeting, 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 -1 Planned Community
Business Park Zone in which the site is located, which is:
Intended as an area for the development of integrated, master - planned
projects in areas of the City which may benefit from special design standards
and land uses not otherwise possible under conventional industrial zoning
district regulations.
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 pizza restaurant is consistent with the types of uses
permitted within the Lusk- Cypress Industrial Park Plan.
(2) Adequate onsite parking will be provided for the proposed pizza
restaurant use.
(3) The proposed pizza restaurant use has been adequately conditioned to
ensure compatibility with the surrounding commercial uses.
c. The proposed pizza restaurant, as conditioned, will comply with each of the
applicable provisions of the Lusk - Cypress Industrial Park Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2006 -10, 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 November, 2006.
SIAAAA3
MAYOR i0 THE CITY OF CYPRESS
ATTEST:
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INTERIM CITY CLERK OF THE CITY OF CYPRESS
287
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, DENISE BASHAM, Interim 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 November, 2006, by the following roll call vote:
AYES: COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
aemko,e. iscoo
INTERIM CITY CLERK OF THE CITY OF CYPRESS
288
EXHIBIT "A"
Conditional Use Permit No. 2006 -10
6879 Katella Avenue
Papa John's Pizza Restaurant
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
2. 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress
4. All applicable conditions of Conditional Use Permit No. 2006 -10 shall be complied with
prior to the sale of any alcohol onsite.
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 Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §7 11.4 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 •
289
Exhibit "A" Page 2
Conditional Use Permit No. 2006 -10
Conditions of Approval
FATS, OILS, AND GREASE (FOG) PROGRAM CONDITION
6. The project may be subject to the requirements of the City's FOG (Fats, Oils, & Grease)
ordinance requirements.
STORMWATER CONDITION
7. Standard BMP's shall be required to ensure compliance with the City's NPDES
requirements pursuant to the City's Local Implementation Plan.
COMMUNITY DEVELOPMENT CONDITIONS
8. 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.
9. Adult supervision (over 21 years of age) shall be maintained on the business premises
during business hours.
10. 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.
11. 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.
BUILDING CONDITIONS
12. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Code of the City of Cypress.
13. An automatic fire sprinkler system, approved by the Fire Marshal may be required.
14. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained from the Public Works Department.
Effective: 11 -27 -2006
• Community Development Department • Planning Division •