Resolution No. 559253
RESOLUTION NO. 5592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING THE
EXPANSION OF BUSINESS OPERATIONS AND APPROVING ADDITIONAL CONDITIONS
OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-07 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That the City has reviewed the business operations and applicants request to expand
the hours of operation and add cooking facilities for Conditional Use Permit No. 2001 -07, the Red
Zone PC Club Computer Internet and Rental business, located at 9949 Walker Street, within the
CG Commercial General 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 July 22, 2002, 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 of the CG Commercial General Zone in which the
site is located, which is:
Intended as an area that provides 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 expansion of the hours of operation and addition of cooking
facilities would 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 expansion in the hours of operation and addition of
cooking area would not be compatible with the adjacent residential and commercial
uses.
c. The existing business operations 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) Additional conditions of approval have been included to eliminate
impacts of the business and to ensure the compatibility of the use with adjacent uses.
(2) The hours of operation for the business have been restricted to
eliminate impacts to the surrounding residential uses in the late night and early
morning hours.
d. 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 additional conditions for Conditional Use Permit No. 2001 -07,
attached hereto as Exhibit "A ".
54
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 22nd day of July, 2002.
MAYO OF T I CITY OF CYPRESS
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM- GUERTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foreoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 22° day of July, 2002, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McGill, McCoy, and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Piercy
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EXHIBIT "A"
Review of Conditional Use Permit No. 2001 -07
9949 Walker Street
CONDITIONS OF APPROVAL
Bolded conditions represent new conditions added July 22, 2002.
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 and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
56
Exhibit "A"
Review of Conditional Use Permit No. 2001 -07
Conditions of Approval
Page 2
7. All applicable conditions of Conditional Use Permit No. 2001 -07 shall be complied with
prior to commencement of the business operations.
ENGINEERING CONDITIONS
8. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
9. 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 (§
2100 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.
COMMUNITY DEVELOPMENT CONDITIONS
10. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
11. No more than forty -eight (48) computer stations shall be provided on the premises.
12. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001 -07 will require an amendment to the conditional use
permit.
13. Adult supervision (over 21 years of age) shall be maintained on the business premises
during business hours.
14. The hours of operation shall be limited to between 10:00 a.m. to 10:00 p.m. Sunday through
Thursday, and 10:00 a.m. to 12 a.m. (midnight) Friday and Saturday.
15. Minors under eighteen (18) years of age shall not be allowed to access the computers for
game or interne access purposes during the hours public schools of the district in which the
center is located are in session, or after 9:00 p.m. on nights preceding school days, or after
10:00 p.m. on any night, unless accompanied by an adult.
• Community Development Department • Planning Division •
57
Exhibit "A"
Review of Conditional Use Permit No. 2001 -07
Conditions of Approval
Page 3
16. The facility's hours of operation for adults and minors under eighteen (18) years of age shall
be clearly posted at the entrance to the facility.
17. No alcoholic beverage sales or consumption shall be allowed on the premises.
18. No loitering shall be permitted within 300 feet from the entrance or the rear emergency exit
of the facility.
19. The front of the facility shall consist of clear glass and shall be kept free of promotional
displays, advertisements, graphics, etc. to allow visible access into the establishment during
business hours. Hours of operation and similar information may be permitted on the front
portion of the facility subject to the approval of the Planning Department.
20. There shall be no use of the trash area after 10:00 p.m.
21. 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.
22. A comprehensive sign program 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.
23. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
24. 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.
25. The City Council shall maintain the right to review the business'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.
26. The access door to the business premises facing the rear alleyway and adjoining single -
family residences shall remain closed during all hours of business operation. Said door shall
be designated and used for emergency exit purposes only.
27. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
• Community Development Department • Planning Division •
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Exhibit "A"
Review of Conditional Use Permit No. 2001 -07
Conditions of Approval
BUILDING CONDITIONS
Page 4
28. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS
29. Fire extinguishers shall be installed and located in areas to comply with Orange County
Fire Authority standards.
30. Exit signs and exit path markings shall be provided in compliance with Orange County
Fire Authority standards.
31. Any tenant improvements that will alter existing fire sprinkler and/or fire alarm systems
shall be subject to Orange County Fire Authority approval.
NEW CONDITIONS
32. The business shall utilize all interior white lighting fixtures at an amount not less
than (75 %) of their rated capacity, or a combined total of 1,400 watts, whichever is
greater. Changes to the interior lighting shall occur within thirty (30) days from the
date of this action.
33. Noise emanating from the business shall not be audible within the adjacent
businesses.
34. No loitering signs shall be posted at the front of the business. Installation of the signs
shall occur within thirty (30) days from the date of this action.
35. This conditional use permit shall be subject to an additional six (6) month review at
a noticed public hearing. Should the operator violate conditions of approval within
the next six (6) month period, that in the judgment of the Community Development
Director are of a serious nature, he shall bring the Conditional Use Permit back to
the City Council at the next available meeting for consideration of revocation.
36. The preparation or heating of food shall be prohibited within the facility.
37. Business patrons shall be prohibited from using the rear exit of the business, except for
emergency purposes only.
Effective: 07 -23 -2002 (Revised)
• Community Development Department • Planning Division •