Resolution No. 5183308
RESOLUTION NO. 5183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 99 -10 - 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 establish
a restaurant serving beer and wine in an existing 4,781 square -foot building located at 4300
Lincoln Avenue, within the PC Planned Community Zone, Lincoln Avenue Specific Plan area.
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 Planned Community Zone
in which the site is located, which is:
Intended as an area that will provide 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 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 location of the restaurant is consistent with the
requirements of the General Plan and the zoning district in which the site is
located.
(2) Conditions of approval have been imposed to ensure compliance
with the Cypress City Code and other applicable regulations.
(3) The proposed restaurant is located at the site of a previous
restaurant operation serving beer and wine where no complaints were received.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 99 -10, 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 December , 1999.
ATTEST:
op, -4,„
Y LERK OF THE CITY OF CYPRESS
MAYOR OF THE CITY OFSS
309
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 December , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
310
EXHIBIT "A"
Conditional Use Permit No. 99 -10
4300 Lincoln 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 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. 99 -10 shall be complied with
prior to occupancy of the subject building.
7. 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
• Community Development Department • Planning Division •
311
Exhibit "A"
Conditional Use Permit No. 99 -10
Conditions of Approval
Page 2
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
8. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 99 -10 becoming effective.
9. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 99 -10 will require an amendment to the conditional use permit.
10. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
11. Design Review Committee approval and required building permits shall be obtained prior
to the installation of any building or freestanding signage.
12. 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.
13. Adequate lighting shall be provided to the satisfaction of the Community Development
Director for exterior and parking lot areas to discourage loitering. Onsite security lighting
shall be arranged so that direct rays will not shine on adjacent properties or produce glare
for street traffic.
14. All roof mounted equipment, such as heating, exhaust, ventilation, 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.
15. The business owner /operator shall take the appropriate measures to mitigate the
emission of odors from the site to surrounding properties.
16. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
17. Outside public address speakers, amplified music, telephone bells, buzzers and similar
devices which are audible on adjoining properties are hereby prohibited.
• Community Development Department • Planning Division •
312
Exhibit "A"
Conditional Use Permit No. 99 -10
Conditions of Approval
Page 3
18. 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.
19. 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.
20. Exterior building elevations shall be maintained in a safe appearance such that the
building is free of broken, missing or significantly cracked surface finished materials.
Existing exterior building lighting and other architectural treatments shall be
repaired prior to the opening of the restaurant to the satisfaction of the Cypress
Planning Division.
21. The outside of the building shall be painted prior to the opening of the restaurant.
The proposed color scheme shall be submitted for Planning Division approval prior to
painting the building.
22. The restaurant's hours of operation shall be allowed from 11:00 a.m. to 2:00 a.m.,
seven days a week for a six (6) month trial period starting with the day the restaurant
begins its operation. At the end of the six (6) month period, the conditional use permit
shall be brought back to the City Council for review of the hours of operation and
may, subject to a public hearing, limit the business hours or require other operational
changes should substantiated complaints be received that the business hours are
creating an adverse impact upon neighboring properties.
23. Late night or early morning deliveries shall be specifically prohibited. Deliveries shall
be limited to between the hours of 9:00 a.m. and 6:00 p.m.
24. All doors along the south and west sides of the building shall remain closed during the
hours of business operation except during deliveries.
25. All live entertainment on the premises shall be subject to City approval.
26. All areas on the site designated for landscaping shall be planted with living plant
material prior to the opening of the restaurant. A landscape plan shall be submitted
for review and approval prior to the installation of any landscaping. All areas that are
currently void of living plant material shall be planted in accordance with the
approved landscape plan.
27. Screen landscaping shall be provided around the ground- mounted mechanical
equipment located at the rear of the building prior to the opening of the restaurant.
• Community Development Department • Planning Division •
313
Exhibit "A"
Conditional Use Permit No. 99 -10
Conditions of Approval
Page 4
28. All areas of the parking lot containing potholes, cracked or broken asphalt, etc. shall
be repaired and the parking lot area shall be resurfaced and re- striped prior to the
opening of the restaurant in accordance with the approved site plan.
29. Use of the second floor roof area above the kitchen shall be prohibited.
30. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
BUILDING CONDITIONS
31. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
32. The applicant shall provide an accessible path of travel from Lincoln Avenue to the
building subject to the approval of the Cypress Building Official.
33. The applicant shall provide two (2) code complying disabled access parking stalls for
the use, one (1) of which shall be van accessible. The van accessible parking space
shall contain an eight foot (8') wide discharge area with an approved walkway. (Note:
curb ramp shall not encroach into discharge area).
Effective 12/14/99
• Community Development Department • Planning Division •