Resolution No. 5862RESOLUTION NO. 5862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-06, 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 Zoning Ordinance of the City of Cypress to establish a
tobacco shop within the commercial lease space located at 5012 Ball Road within the CN
Commercial Neighborhood 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 CN Zone in which the site is located, which
is:
Intended as an area appropriate for providing convenience services
compatible with adjacent neighborhood areas.
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)
Adequate parking for the proposed use will be provided on the
subject site.
(2) The proposed location of the tobacco use is in accord with the
objectives of the Ordinance and the purpose of the zone in which
the site is located.
(3) The proposed location of the structure and the conditions under
which it would be operated or maintained will not be detrimental
to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity
c. The proposed conditional use will comply 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 Conditional Use Permit No. 2005 -06, 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 13th day of June, 2005.
ATTEST:
Y CLERK OF THE CITY OF CYPRESS
L.
MAYOR OF THE CITY OF CYPRESS
250
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
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 13th
day of June, 2005, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF THE CITY OF CYPRESS
251
252
EXHIBIT "A"
Conditional Use Permit No. 2005 -06
5012 Ball Road
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS OF APPROVAL
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. 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 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 attomey'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. The applicant shall obtain a Cypress business license prior to commencement of the business
operation.
7. All applicable conditions of Conditional Use Permit No. 2005 -06 shall be complied with prior
to the sale of tobacco products.
• Community Development Department • Planning Division •
253
Exhibit "A"
Conditional Use Permit No. 2005 -06
Conditions of Approval
Page 2
8. 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.
9. 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 required above, the approval for the project granted herein shall be void.
COMMUNITY DEVELOPMENT CONDITIONS
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -06 will require an amendment to the conditional use permit.
11. Adult supervision (over 21 years of age) shall be maintained on the premises at all times.
The business shall comply with all state tobacco laws and a sign shall be posted at the
point of purchase stating that tobacco shall be prohibited to minors.
12. 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.
13. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
14. Smoking shall be prohibited within the business. The entrance door to the cigar room
shall contain glass or similar clear material which allows visibility into the room.
15. The sale of drug devices (paraphernalia) as defined in Section 17 -34 of the Cypress
Zoning Code shall be prohibited.
BUILDING CONDITIONS
16. 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.
Effective: 6 -13 -2005
• Community Development Department • Planning Division •