Resolution No. 5851200
RESOLUTION NO. 5851
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-10 - 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 a conditional use permit in accordance with the
provisions of Article 4, Section 19, of the Zoning Ordinance of the City of Cypress to allow a sit
down restaurant with alcohol sales and an outdoor seating area located at 4139 Ball Road within the
CG- 10,000 Commercial General 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 Zoning Ordinance and the purpose of the CG- 10,000 Commercial General Zone in
which the site is located, which is:
Intended as a zone providing 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 in that:
(1) The location of the proposed sit down restaurant with an enclosed
patio dining/seating area is consistent with the commercial zoning and General Plan
land use designations of the subject property.
(2) Sufficient onsite parking is provided to accommodate the proposed
use in addition to other uses within the commercial center.
(3) The proposed sit down restaurant with an enclosed patio
dining/seating area is compatible with the other existing uses within the commercial
center.
(4) Conditions of approval have been imposed to ensure compli ance
with the Cypress City Code and other applicable regulations.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
d. The sale of onsite beer and wine is consistent with other similar restaurants
within the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2005 -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 231d day of May, 2005.
MAYOR OF THE CITY OF CYPRESS
Al 1EST:
Y CLERK OF THE CITY OF CYPRESS
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
23rd day of May, 2005, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Y CLERK OF THE CITY OF CYPRESS
201
202
EXHIBIT "A"
Conditional Use Permit No. 2005 -10
4139 Ball Road
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 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. 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 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. All applicable conditions of Conditional Use Permit No. 2005 -10 shall be complied with
prior to occupancy of the subject building.
6. 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
• Community Development Department • Planning Division •
203
Exhibit "A"
Conditional Use Permit No. 2005 -10
Conditions of Approval
Page 2
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.
7. 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
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -10 will require an amendment to the conditional use
permit.
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. All proposed exterior and interior modifications including wall signs shall be reviewed by
the Community Development Department prior the issuance of building permits.
11. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. Any new lighting installed in the patio
enclosure area shall be subject to the review and approval of the Community Development
Department.
12. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
13. Temporary sign displays outside the building shall require the application and approval of a
temporary use permit from the Community Development Department.
14. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
15. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
16. The patio enclosure dining area of the property shall be maintained free of accumulation of
trash and debris shall meet all applicable building codes and shall be esthetically
upgraded to the satisfaction of the Community Development Department before the
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204
Exhibit "A"
Conditional Use Permit No. 2005 -10
Conditions of Approval
Page 3
issuance of a certificate of occupancy. Trash and debris associated with the permitted uses
are to be stored solely in designated trash enclosures.
17. The City Council shall maintain the right to review the restaurant's hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring properties.
The business hours of operation in relation to the patio enclosure dining/seating area activity
shall be limited from 6:00 a.m. to 9:00 p.m. daily. Late night or early morning deliveries
shall be specifically prohibited.
18. Interior building construction and tenant improvements shall be limited to the hours between
7:00 a.m. and 8:00 p.m. Monday through Saturday, only if the City's noise standards are
exceeded. No construction activity shall be allowed on Sundays or federal holidays.
Compliance with this measure is subject to field inspection by City staff.
19. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
20. The patio enclosure dining/seating area shall be restricted to the area indicated on the plans
submitted and shall also meet building code requirements for disable (ADA) accessibility.
21. Restroom facilities shall meet building code requirement for disable (ADA) accessibility.
22. Any for of live entertainment as defined by Section 9 -1 of the Cypress City Code shall be
prohibited.
23. No outdoor furniture in relation to this project shall be allowed on the subject site.
24. Adult supervision (over 21 years of age) shall be maintained on the business during business
hours.
25. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 2005 -10 becoming effective.
BUILDING CONDITIONS
26. 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 Cypress City Code.
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Exhibit "A"
Conditional Use Permit No. 2005 -10
Conditions of Approval
ENGINEERING CONDITIONS
Page 4
27. Applicant shall comply with other water quality conditions as specified and ensure their
implementation during construction.
28. Trash enclosure area shall be kept clean at all times and any litter shall be removed and
properly disposed.
29. Sufficient trash receptacles shall be installed on site for disposal of trash by customers.
These receptacles shall be emptied regularly by restaurant employees and efforts shall be
made to remove any litter that is released on the restaurant property.
30. Restaurant grounds shall be swept on a regular basis by restaurant employees and ensure
removal of all litter. At no time is washing down of hardscape areas permitted. No washing
of any restaurant equipment permitted outdoors including, but not limited to, floor mats.
31. Restaurant shall be subject to all requirements of the City's Fat's, Oils, and Grease (FOG)
program pursuant to Ordinance No. 1065 of the Cypress Municipal Code.
32. The restaurant must meet the Water Quality Standards and shall be applied to the site plans
which shall be kept on the job site at all times. Compliance with the Water Quality
Standards Notes is required.
Effective: 5 -23 -2005 (Revised)
• Community Development Department • Planning Division •