Resolution No. 5498 . 8 6
RESOLUTION NO. 5498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2001-16 -WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY ENDS, 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 establish a
computer rental and internet access business within the existing lease space located at 6927 Katella
Avenue within the PC-1 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 PC-1 Business Park Zone in which the site
is located, which is:
Intended as an area for modern industrial/commercial development which
meets the high performance and development standards of the City.
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 computer game and internet access business is
consistent with the General Plan designation of the property as well as the uses
permitted in the PC-1 Business Park Zone.
(2) Conditions of approval have been included to eliminate potential
impacts of the proposed computer game and internet access business and to ensure
the compatibility of the use with adjacent commercial and industrial uses.
(3) Adequate parking will be provided onsite for the proposed use.
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. 2001-16, 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 November, 2001.
144A,
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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Y CLERK OF T 1 ITY OF CYPRESS
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187
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 13th day of November, 2001, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan,McCoy, Piercy, Sondhi, and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
'►. e . -/ _...
1 I► Y CLERK OFT 1 ITY OF CYPRESS
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EXHIBIT "A"
Conditional Use Permit No.2001-16
6927 Katella Avenue
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 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.
7. All applicable conditions of Conditional Use Permit No. 2001-16 shall be complied with
prior to commencement of the business operation.
• Community Development Department•Planning Division •
1 9
Exhibit "A" Page 2
Conditional Use Permit No. 2001-16
Conditions of Approval
8. 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.
ENGINEERING CONDITIONS
9. Disable access facilities shall be installed in accordance with the requirements of the Federal
American with Disabilities Act (ADA) and State of California Title 24.
10. 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 annual, 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.
COMMUNITY DEVELOPMENT CONDITIONS
11. Utilities shall not be released until all conditions of approval have been met to the
satisfactions of the Community Development Department.
12. No more than eighty-three(83)computer stations shall be provided on the premises.
13. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001-16 will require an amendment to the conditional use
permit.
14. Adult supervision (over 21 years of age) shall be maintained on the business during
business hours.
15. The hours of operation shall be limited to between the hours of 10:00 am through 2:00
am seven (7)days a week.
• Community Development Department •Planning Division •
190
Exhibit "A" Page 3
Conditional Use Permit No. 2001-16
Conditions of Approval
16. Minors under eighteen (18) years of age shall not be allowed to access the computers
for game or internet access purposes during public school hours of the district in
which the center is located are in session, or after 9:00 pm on nights preceding school
days,or after 10:00 pm on any night,unless accompanied by an adult.
17. 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.
18. No alcoholic beverages sales or consumption shall be allowed on the premises.
19. No loitering shall be permitted within 300 feet from the entrance or the rear
emergency exit of the facility.
20. The front to 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.
21. There shall be no use of the trash area after 2:00 am.
22. 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 n the vicinity.
23. 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.
24. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
25. 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
26. 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.
27. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
28. A six-month review will be conducted on the subject site before the City Council.
• Community Development Department•Planning Division •
191
Exhibit "A" Page 4
Conditional Use Permit No. 2001-16
Conditions of Approval
BUILDING CONDITIONS
29. 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 Cypress City Code.
Effective: 11-13-01
• Community Development Department•Planning Division •