Resolution No. 4986124
RESOLUTION NO. 4986
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 98 -11 - 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 17.2 of the Zoning Ordinance of the City of Cypress to operate a restaurant
use, including the sale of on -site beer and wine, in an existing 1,920 square -foot lease area
located at 9921 Walker Street within the CG- 10,000 Commercial General 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 CG- 10,000 Commercial
General Zone in which the site is located, which is:
Intended to provide 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 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 restaurant with on -sale beer and wine is a
conditionally permitted use in the CG- 10,000 Commercial General Zone.
(2) Conditions of approval have been imposed to regulate and ensure
compliance with the City Code of the City of Cypress and with other pertinent
regulatory agencies issuing required permits.
(3) The proposed restaurant is located at the site of a previous
restaurant operation, for which no complaints were received.
(4) The subject commercial property contains sufficient parking to
meet the current parking standards for the proposed restaurant 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. 98 -11, 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 July -98.
(-A,N/J (Ix P-r)
MAYOR OF THE CITY OF CYPRESS
ATTEST:
( _j.k.k.-e...*_.,:_ OA . 1445)---:4--
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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 July , 1998, by the following roll call vote:
AYES:
NOES:
4 COUNCIL MEMBERS: Bowman, Carroll, Keenan and Piercy
0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
ae\ . 4.4.., .L�
125
CITY CLERK OF THE CITY OF CYPRESS
126
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 98-11
9921 Walker Street
CONDITIONS OF APPROVAL
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, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. All applicable conditions of Conditional Use Permit No. 98 -11 shall be complied with prior
to occupancy of the subject building.
7. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
• Community Development Department • Planning Division •
127
Exhibit "A"
Conditional Use Permit No. 98 -11
Conditions of Approval
Page 2
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 Thirty-Eight Dollars ($38.00) 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.
PLANNING CONDITIONS
9. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 98 -11 (i.e. use of additional lease area) will require an
amendment to the conditional use permit.
10. 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.
11. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
12. 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.
13. The business shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department.
14. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
15. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
16. 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.
• Community Development Department • Planning Division •
128
Exhibit "A"
Conditional Use Permit No. 98 -11
Conditions of Approval
Page 3
17. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface finished materials.
18. The rear access door to the business premises facing the adjacent single - family residences
shall remain closed during all hours of business operation. Said door shall be designated
and used for emergency exit purposes only.
19. The restaurant's hours of operation shall be limited to Monday through Thursday from 11
a.m. to 10 p.m., Friday and Saturday from 11 a.m. to 11 p.m., and Sundays from 4 p.m. to
10 p.m. The City Council shall maintain the right to review the restaurant'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.
20. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
21. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 98 -11 becoming effective.
22. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
BUILDING CONDITIONS
23. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
24. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
Effective 7 -13 -98
• Community Development Department • Planning Division •