Resolution No. 6531080
RESOLUTION NO. 6531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3041 (AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010 -07) - 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 an amendment to a conditional use permit
in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City
of Cypress for the expansion of an outdoor dining area with on -site sale of beer and wine
for an existing restaurant building located at 5123 Ball Road within the CN Commercial
Neighborhood 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 amendment to the conditional use is in
accord with the objectives of the Zoning Ordinance and the purpose of the CN
Commercial Neighborhood Zone in which the site is located, which is:
Intended 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 amendment to 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 outdoor dining expansion and on -site sale of
beer and wine for the restaurant is consistent and compatible with the other
commercial and restaurant uses currently located within the same
commercial shopping center.
(2) The commercial shopping center in which the subject
restaurant site is located contains adequate vehicle circulation and parking
to accommodate this restaurant use, as proposed, in addition to the other
uses currently located within the same commercial shopping center.
(3) Conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations for
restaurant uses serving alcoholic beverages which include outdoor dining.
(4) Conditions of approval shall restrict the restaurant use to
prevent noise impacts on adjacent residential and public park properties.
(5) Standard conditions of approval have been imposed to ensure
compliance with the requirements of the Cypress City Code, the Department
of ABC, 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. 3041 subject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
081
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 14th day of September, 2015.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF
E CITY OF CYPRESS
I, DENISE BASHAM, 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 14th day of September, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
082
EXHIBIT "A"
Conditional Use Permit No. 3041
5123 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. 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 (Planning)
• Community Development Department • Planning Division •
083
Exhibit "A"
Conditional Use Permit No. 3041
Conditions of Approval
2. Planning
Page 2
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.3. 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. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. 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.
(Planning)
3.5. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage N/A
5. Landscaping N/A
6. Operational
6.1. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
• Community Development Department • Planning Division •
084
Exhibit "A"
Conditional Use Permit No. 3041 Page 3
Conditions of Approval
6.2. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.3. Hours of operation shall remain as previously approved, 10:00 a.m. to 9:00 p.m. Sunday
through Thursday and 10:00 a.m. to 10:00 p.m. Friday and Saturday. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
7.2. Pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt,
or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or
raised areas. (Planning)
7.3. 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. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to
bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
8. Fees
8.1. Prior to issuance of building permit or as noted below, the applicant shall pay the following
fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
City -wide Traffic Improvement
Regional Traffic Improvement
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
8.2. 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 Fifty Dollars ($50.00) 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
• Community Development Department • Planning Division •
085
Exhibit "A"
Conditional Use Permit No. 3041
Conditions of Approval
Page 4
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. (Planning)
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater
11.1. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
11.2. Prior to certificate of occupancy, the applicant shall demonstrate that the business owner
has properly trained their employees on the proper disposal of fats, oil, and grease best
management practices. (Water Quality)
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the Engineering Division Manager. (Engineering)
15. Subdivisions N/A
16. Traffic N/A
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets,
lateral open cuts spaced within 20 feet of each other shall be covered with a one inch
continuous asphalt concrete cap. (Engineering)
18. Drainage N/A
• Community Development Department • Planning Division •
086
Exhibit "A"
Conditional Use Permit No. 3041
Conditions of Approval
19. Storm Water Quality — National Pollutant Discharge Elimination System
Page 5
19.1 Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the Engineering Division Manager, the applicant shall clean any public
storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division
Manager has determined have been impacted by the applicant's construction. If clean-up
is not performed, the City may make arrangements to clean the system at developer's
expense. (Engineering, Water Quality)
19.2. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
Engineering Division Manager and the Building Official, to demonstrate compliance
with the City's NPDES Implementation Program and State water quality regulations for
grading and construction activities. The ESCP shall identify how all construction
materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil
amendments, etc. shall be properly covered, stored, and secured to prevent transport into
local drainage ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion.
The ESCP shall also describe how the applicant will ensure that all BMPs will be
maintained during construction of any future public right -of -ways. The ESCP shall be
updated as needed to address the changing circumstances of the project site. A copy of
the current ESCP shall be kept at the project site and be available for City review on
request by either the Building or Engineering Division. The ESCP will be inspected by
the Building Division. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained. (Building & Safety)
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
• Community Development Department • Planning Division •
087
Exhibit "A"
Conditional Use Permit No. 3041
Conditions of Approval
Page 6
23.2. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.3. The rear door(s) shall be kept closed at all times during the operation of the premises except
in cases of emergency and to permit deliveries. Said door(s) not to consist solely of a
screen door or ventilated security door. (Police Department)
23.4. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages which are clearly visible to the exterior shall
constitute a violation of this condition. (Police Department)
23.5. At any time when the licensee(s) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries.
(Police Department)
23.6. The use of any amplifying system, outdoor sound system, loudspeakers, paging system or
any other such device is prohibited on the licensed premises. (Police Department)
23.7. The front, rear, and sides of the exterior of the premises, as well as all adjacent parking lots
under the control of the licensee, shall be illuminated at all times while the premises are
open for business in such a fashion that persons standing outdoors at night are readily
identifiable by law enforcement personnel. (Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 9 -14 -2015
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
• Community Development Department • Planning Division •
088
Exhibit "A"
Conditional Use Permit No. 3041
Conditions of Approval
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 7
• Community Development Department • Planning Division •