Resolution No. 5889339
RESOLUTION NO. 5889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-15 - 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 allow a coffee
house restaurant with an outdoor seating area located at 10031 Valley View Street 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 coffee house with outdoor dining 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 coffee house use with outdoor seating is compatible
with the other existing uses within the commercial center.
(4) Conditions of approval have been imposed to ensure compliance
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2005 -15, 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 8th day of August, 2005.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
\A1 A %I
CLERK OF THE CI T TS F CYPRESS
STA1 'h OF CALIFORNIA )
COUNTY OF ORANGE ) SS
340
I, JILL R. INGRAM, 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 8th
day of August, 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
341
EXHIBIT "A"
Conditional Use Permit No. 2005 -15
10031 Valley View Street
CONDITIONS OF APPROVAL
Note:
Bolded conditions represent those specific to this project.
Regular text denotes standard conditions of approval.
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 applicable conditions of Conditional Use Permit No. 2005 -15 shall be complied with
prior to occupancy of the subject building.
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
• Community Development Department • Planning Division •
342
Exhibit "A"
Conditional Use Permit No. 2005 -15
Conditions of Approval
Page 2
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.
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. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -15 will require an amendment to the conditional use
permit.
10. 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.
11. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
12. 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 outdoor
dining area shall be subject to review and approval by the Community Development
Department.
13. 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.
14. The design and installation of all signage shall comply with the sign program for the
Cypress East shopping center. Plans for new signs shall be submitted for Community
Development Department approval prior to any signing installation. The developer shall not
erect or display on the subject property any signs which have not been approved in writing
by the Community Development Department. Temporary sign displays outside the building
shall require the application and approval of a temporary use permit from the Community
Development Department.
15. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
• Community Development Department • Planning Division •
343
Exhibit "A"
Conditional Use Permit No. 2005 -15
Conditions of Approval
Page 3
16. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
17. The outdoor dining area of 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.
18. 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.
Late night or early morning deliveries shall be specifically prohibited.
19. 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. No construction activity shall be
allowed on Sundays or federal holidays. Compliance with this measure is subject to field
inspection by City staff.
20. 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.
21. The outdoor dining area shall be restricted to the area indicated on the plans
submitted. A minimum 44 -inch wide path of travel shall be provided in all seating
areas and aisle ways. The path of travel shall also meet building code requirements for
disabled (ADA) accessibility.
22. Restroom facilities shall meet building code requirements for disabled (ADA)
accessibility.
23. Any form of live entertainment as defined by Section 9 -1 of the Cypress City Code
shall be prohibited.
24. The outdoor furniture shall be brought indoors overnight.
ENGINEERING CONDITIONS
25. The applicant shall comply with the following water quality conditions established by the
National Pollution Discharge Elimination System (NPDES) and ensure their implementation
during construction and post construction:
• Community Development Department • Planning Division •
344
Exhibit "A"
Conditional Use Permit No. 2005 -15
Conditions of Approval
Page 4
a. Sufficient trash receptacles shall be installed onsite for disposal of trash by customers.
At least two (2) outdoor trash receptacles shall be provided for disposal of trash
generated by customers in the outdoor dining area. 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.
b. Trash enclosure areas shall be kept clean at all times and any litter shall be removed and
properly disposed.
c. Restaurant grounds shall be swept on a regular basis by restaurant employees and ensure
removal of all litter. At no times is washing down of hardscape areas permitted. No
washing of any restaurant equipment shall be permitted outdoors, including but not
limited to floor mats.
d. The restaurant shall be subject to all requirements of the City's Fats, Oils, and Grease
(FOG) program, pursuant to Ordinance No. 1065 of the Cypress Municipal Code.
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 Code of the City of Cypress.
Effective: 8 -08 -2005
• Community Development Department • Planning Division •