Resolution No. 5847RESOLUTION NO. 5847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
AMENDMENT TO CONDITION NO. 11 OF THE AMENDED CONDITIONAL USE PERMIT
NO. 77-9.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That in accordance with the provisions of Section 4.19.070.J of the Zoning
Ordinance of the City of Cypress, and Condition No. 11 of the Amendment to Conditional Use
Permit No. 77 -9, a public hearing was conducted by the City Council on April 25, 2005, to review
the associated billiard hall and cafe use located at 6285 -6289 Ball Road, with regard the business'
lack of substantial compliance with the applicable conditions of approval.
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 location of the conditional use is still in accord with the objectives of the
Zoning Ordinance and the purpose of the CG- 10,000 Commercial General Zone in which
the site is located, which is:
Intended 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, if Condition
No. 11 is amended as shown in Exhibit "A" of this Resolution.
c. The proposed amendment to Condition No. 11 of Conditional Use Permit
No. 77 -9 would provide additional administrative review provisions to help the City monitor
the billiard hall and cafe use's compliance with each of the applicable provisions of the
Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve the Amendment to Condition No. 11 of Conditional Use Permit
No. 77 -9, subject to the amended 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 9th day of May, 2005.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
i
Y CLER OF THE CITY OF CYPRESS
177
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. GUERTIN, 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 9th
day of May, 2005, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
Y CT ERK OF THE CITY OF CYPRESS
178
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EXHIBIT "A"
Amendment to Conditional Use Permit No. 77 -9
6285 -6289 Ball Road
CONDITIONS OF APPROVAL
Bolded text represents revised or new conditions.
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. 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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.
5. The applicant shall obtain a Cypress business license prior to commencement of the business
operation.
6. 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.
7. 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 §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
* Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 77 -9
Conditions of Approval
required above, the approval for the project granted herein shall be void.
Page 2
8. 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.
COMMUNITY DEVELOPMENT CONDITIONS
9. The business hours of operation shall be limited from 9:00 a.m. to 12:00 p.m. on Sunday
through Thursday, and from 9:00 a.m. to 2:00 a.m. on Friday and Saturday. The City Council,
at its discretion, subject to a public hearing, may modify the hours of operation should
substantiated complaints be received that the business hours are creating an adverse impact on
surrounding properties or uses, or should conditions relative to the operation of the business
justify such an action.
10. Adult supervision (over 21 years of age) shall be maintained on the business premises during
all hours of operation.
11. The billiard hall and cafe business operation associated with this Amendment to Conditional
Use Permit No. 77 -9 shall be subject to administrative review by the City Community
Development Department and Police Department staff after three (3), six (6), nine (9), and
twelve (12) months from the effective date of this Amendment (4/12/04). The administrative
review shall determine the business' level of compliance with the existing conditions of
approval, the business' compatibility with surrounding commercial and residential uses, and
whether activities on the site warrant further conditions of approval, modifications to the
existing conditions of approval, or revocation of the Conditional Use Permit by the City
Council. In the event staff recommends City Council review /action, the public hearing shall be
held at the next available City Council meeting. After the first twelve -month review, the
operation and use permit shall be subject to review by the Community Development
Department and the Police Department on an annual basis, on the anniversary of the effective
date of this Amendment. After the first twelve (12) month review, additional
administrative reviews shall be conducted every one (1) month during the next twelve (12)
months. If strict compliance with the operational conditions is not achieved and
maintained at any time during the second twelve -month review period, this Conditional
Use Permit shall be brought back to the City Council at a public hearing for
determination whether to initiate revocation proceedings as required by law. The
applicant/business owner shall also post a copy of these conditions of approval within the
business at a location visible for inspection by City staff. The posted list of conditions
shall contain the signatures of all employees (including contracted security guards) to
signify that they have read and agree to adhere to the conditions listed.
12. No form of betting, gambling, or other games of chance shall be allowed on or within the
premises.
13. Any type of food service facilities shall be inspected and approved by the Orange County
Health Department
• Community Development Department + Planning Division +
180
Exhibit "A"
Amendment to Conditional Use Permit No. 77 -9
Conditions of Approval
Page 3
14. The applicants shall obtain a "Type 40" (on -sale beer and wine) liquor license from the State of
California Department of Alcoholic Beverage Control prior to the sale of any alcoholic
beverage. Any up -grade from an on -sale beer and wine type license shall require an
amendment to Conditional Use Permit No. 77 -9.
15. The subject business shall be conducted in compliance with all applicable regulations of the
State Department of Alcoholic Beverage Control and the City of Cypress Municipal Code.
16. No permanent bar shall be installed which would primarily be utilized to dispense beer within
this facility.
17. Beer shall be sold by the bottle only and no facilities shall be provided for the serving of draft
beer.
18. The billiard hall operator shall provide uniformed security patrol services (from a "licensed"
security company approved by the City of Cypress Police Department) between the hours of
8:00 p.m. until closing time on Friday through Sunday nights, plus one other additional
floating week -night to be chosen by the applicant.
19. In compliance with regulations of the State Department of Alcoholic Beverage Control,
persons under 21 years of age shall not be permitted inside the business unless accompanied
by a parent or guardian.
20. Signs stating "Persons under 18 years of age shall not be permitted inside the business
during school hours" and "No Loitering" shall be posted at all entrances to the business.
21. All billiard tables shall be visible to the facility attendant.
22. The interior lighting level shall be maintained at a minimum of one (1) footcandle of light
three feet (3') above the floor surface.
23. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 77 -9 (as amended on 4- 12 -04) will require an amendment to the
conditional use permit.
24. 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.
25. The business owner shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department.
26. All product and material storage shall occur within the building. Exterior storage is specifically
prohibited.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 77 -9
Conditions of Approval
Page 4
27. Outside public address speakers, telephone bells, buzzers and similar devices which are audible
on adjoining properties are hereby prohibited.
28. 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.
29. Late night or early morning deliveries shall be specifically prohibited. Deliveries shall be
limited between the hours of 7:00 a.m. and 10:00 p.m. weekdays and Saturdays, and between
the hours of 9:00 a.m. and 10:00 p.m. on Sundays and Federal Holidays (Z.O. Sec. 11.25.B).
30. The access door to the business premises facing the alleyway and adjoining multiple - family
residences shall remain closed during all hours of business operation. Said door shall be
designated and used for emergency exit purposes only.
31. All exterior doors utilized for emergency exiting shall have locking hardware designed to be
locked from the exterior, but unlocked from the interior for egress purposes.
32. Prior to installation, plans for an approved fire - suppression system for the protection of
commercial -type cooking equipment shall be submitted to the Fire Chief for approval. The
system shall comply with the Uniform Fire Code.
33. Exterior security lighting shall be provided at the rear of the building, subject to approval by the
Cypress Police Department and the Community Development Department. The security
lighting shall not shine onto the adjacent residential properties located adjacent to the north
property line.
34. Window coverings shall be subject to approval by the Cypress Police Department. Window
view of the business from the exterior of the building shall not be blocked.
35. Employees shall check the identification of all patrons at the entrance doors and shall attach
colored wrist bands to people of drinking age.
BUILDING CONDITIONS
36. 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.
(Amended: 5 -09 -2005)
+ Community Development Department • Planning Division •
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