Resolution No. 5558 425
RESOLUTION NO. 5558
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 99-5 -WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend a conditional use permit in accordance with
the provisions of Section 35.93 of the Zoning Ordinance of the City of Cypress to allow an up-grade
of the existing on-sale beer and wine (Type 41) liquor license to an on-sale general liquor(Type 47)
license for an existing restaurant located at 5721 Lincoln Avenue (Suite "C") within the PC Planned
Community 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 amended conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the PC Planned Community Zone in
which the site is located,which is:
Intended as an area to provide for the opportunity for the design and
development of integrated, master planned projects in areas of the City
which may benefit from special design standards and land uses not otherwise
possible under conventional zoning district regulations.
b. The proposed location of the amended 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) Due to the small scale of the existing restaurant and the absence of a
separate bar area in the subject restaurant, the proposed liquor license up-grade to
allow the sale of general alcoholic beverages for onsite consumption would not
result in a significant or detrimental change in the existing character of the restaurant
use.
(2) The existing conditions of approval for the previously approved
Conditional Use Permit No. 99-5 are sufficient to restrict and regulate the restaurant
use to ensure that no impacts on surrounding residential and commercial uses would
result from the proposed liquor license up-grade.
c. The proposed amended 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 Amendment No. 2 to Conditional Use Permit No. 99-5, subject to the
previously adopted conditions for the Amendment No. 1 to Conditional Use Permit No. 99-5,
hereby incorporated by reference and 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 May, 2002.
waio:
MAY THE CITY OF CYPRESS
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426
ATTEST:
GA -$ . . -. •
Y CLER` OF T 14 Y OF CYPRESS
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 May, 2002,by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan,McGill,Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
di '� 4
Y CLERK OF CITY OF CYPRESS
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427
EXHIBIT "A"
Amendment to Conditional Use Permit No. 99-5
5721 Lincoln Avenue, Suite"C"
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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. 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 Certificate of Fee Exemption in accordance with the Notice of
Determination 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 •
428
Exhibit"A" Page 2
Amendment to Conditional Use Permit No. 99-5
Conditions of Approval
COMMIJNITY DEVELOPMENT CONDITIONS
5. All applicable conditions of Conditional Use Permit No. 99-5 and Amendment to
Conditional Use Permit No. 99-5 shall be complied with prior to this permit becoming
effective.
6. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Amendment to Conditional Use Permit No. 99-5 becoming
effective.
7. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
8. Any expansion or modification of the approved buildings or hours of operation beyond
what is approved as part of Amendment to Conditional Use Permit No. 99-5 will require an
amendment to the conditional use permit.
9. 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.
10. 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.
11. The business hours of operation shall be limited to the hours between 9:00 a.m. and
12:00 a.m. (midnight) seven (7) days a week. Deliveries shall be limited to the hours
between 9 a.m.and 6 p.m. No Sunday delivery activities shall be permitted.
12. The access door to the business premises facing the rear alleyway and adjoining
residential uses shall remain closed during all hours of business operation, except
during deliveries.
13. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
Effective: 8/27/2001
• Community Development Department •Planning Division •