Resolution No. 5631RESOLUTION NO. 5631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002 -18 - 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 35, Division 7 of the Zoning Ordinance of the City of Cypress to approve an
onsale liquor license for the Marriott Residence Inn Hotel located at 4931 -4941 Katella Avenue
within the PBP Planned Business Park 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 PBP Planned Business Park Zone in which
the site is located, which is:
Intended to allow for the comprehensive, integrated development of
compatible and complimentary educational, professional and administrative
office, commercial centers, industrial park, open space, or any public or
semi- public uses or combination of uses in a campus -like setting.
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 proposed alcohol service is consistent with the General Plan
designation of the property as well as the list of conditionally permitted uses within
the PBP Planned Business Park Zone.
(2) Conditions of approval have been included to ensure the
compatibility of the use with the surrounding uses.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002 -18, 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 27th day of January, 2003.
ATTEST:
tt Ai
Y CLERK OF T CITY OF CYPRESS
MAYOR OF THE CITY 0
RESS
195
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM- 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 27th day of January, 2003, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
0' . •L'Ja.1L.
ITY CLE K OF T +s CITY OF CYPRESS
196
197
EXHIBIT "A"
Conditional Use Permit No. 2002 -18
4931 -4941 Katella Avenue
Marriott Residence Inn
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 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.
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 applicable conditions of Conditional Use Permit No. 2002 -18 shall be complied with
prior to the service of any alcohol.
5. 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 Department • Planning Division •
198
Exhibit "A"
Conditional Use Permit No. 2002 -18
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2002 -18 will require an amendment to the conditional use
permit.
7. Adult supervision (over 21 years of age) shall be maintained on the business premises
during business hours.
8. 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.
9. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 2002 -18 becoming effective.
Effective: 1 -27 -2003
• Community Development Department • Planning Division •