Resolution No. 5208428
RESOLUTION NO. 5208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -31 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 allow an
existing video amusement arcade located at 9111 Valley View Street within the Commercial
Mixed Use district of the PC Planned Community Zone, Lincoln Avenue Specific Plan area, to
remain open until 11:00 p.m., Sunday through Thursday, and 12:00 a.m., on Fridays and
Saturdays.
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 Commercial Mixed Use
district of the PC Planned Community Zone, Lincoln Avenue Specific Plan, in which the
site is located, which is:
Intended as an area for community serving retail, restaurant, office,
personal services, and multifamily residential uses.
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 subject use is compatible with the other retail uses within the
shopping center in which it is located.
(2) The project has been conditioned to mitigate potential impacts
related to noise to surrounding uses. In addition, noise sensitive uses, such as
residential and school uses, are adequately buffered from the premises.
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 Amendment to Conditional Use Permit No. 88 -31, 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 28th day of February 2000.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
AYOR OF THE CITY OF C RESS
429
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 28th day of February 2000, 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
c___. OC\ .4E3-,--.-0,---
C LERK OF THE CITY OF CYPRESS
430
EXHIBIT "A"
Amendment to Conditional Use Permit No. 88 -31
9111 Valley View Street
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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 /operator shall comply with all provisions of the Code of the City of
Cypress.
4. 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.
5. 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
• Community Development Department • Planning Division •
431
Exhibit "A"
Amendment to Conditional Use Permit 88 -31
Conditions of Approval
Page 2
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.
COMMUNITY DEVELOPMENT CONDITIONS
6. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 88 -31 will require an amendment to the
conditional use permit.
7. A manager, twenty -one (21) years of age or older, shall be on the premises at all times
during business hours.
8. 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.
9. At least one (1) security guard shall be on the premises on Friday and Saturday
evening from 6:00 p.m. to closing.
10. No one under seventeen (17) years of age shall be permitted on the premises during
school hours unless accompanied by an adult or legal guardian.
11. Any significant change in the layout of the floor plan, that will have the effect of expanding
or intensifying the use, shall require an amendment tot he condition use permit.
12. The operator /applicant shall maintain the video arcade premises in a neat and orderly
condition at all times.
13. The operation of video arcade business shall comply with the City of Cypress Noise
Ordinance. The operator /applicant shall take the appropriate measures to ensure noise
levels do not exceed City Noise standards.
14. The City Council shall maintain the right to review the arcade'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.
15. The business hours of operation shall be limited to 11:00 p.m., Sunday through
Thursday, and 12:00 a.m., on Fridays and Saturdays.
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Exhibit "A"
Amendment to Conditional Use Permit 88 -31
Conditions of Approval
Page 3
16. The sale of alcoholic beverages for consumption on or off the premises shall be prohibited.
There shall be no consumption of alcoholic beverages on the premises..
17. The City Council shall maintain the right to reopen this conditional use permit for review,
should the applicant fail to satisfy the conditions of approval or should changes in the
business operation warrant the need.
18. 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.
19. All exit doors shall be kept closed at all times during normal hours except in case of
emergency or to permit deliveries.
20. Window treatment shall be subject to the approval by both the Police Department and
Community Development Department. The final location and placement of arcade
games and apparatus shall be subject to Police Department and Community
Development Department approval.
POLICE DEPARTMENT CONDITIONS
21. All games shall be approved by the Cypress Police Department.
Effective 2 -28 -2000
• Community Development Department • Planning Division •