Resolution No. 4911404
RESOLUTION NO. 4911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 96 -2.
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 allow the onsite sale of beer and wine at
the Chico's Tecate Grill restaurant located at 10569 Valley View Street within the PC -5 Planned Community
Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law in which the public was given the opportunity to be heard regarding
Amendment to Conditional Use Permit No. 96 -2.
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 -5 Planned Community Business Park Zone, which is
to provide for a physical mix of land uses, including commercial, within the project area.
b. The 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 sale of beer and wine at this location is consistent with other
restaurants located in the same zone.
2. The proposed sale of beer and wine at this location will serve the public
convenience or necessity for the surrounding area.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress
does hereby approve Amendment to Conditional Use Permit No. 96 -2 subject to the conditions attached as
Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on
the 9th day of March , 1998.
MAYO OF T d CITY OF CYPRESS
ATTEST:
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
9th day of March , 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI Y CLERK OF THE CITY OF CYPRESS
405
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-2
10569 Valley View Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
Bolded conditions are those that are specific to this project.
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. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Amendment to Conditional Use Permit No. 96 -2 becoming
effective.
5. Any upgrade or modification to the type of alcohol sold on the site shall require an
amendment to the conditional use permit.
6. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
• Community Development Department • Planning Division •
406
Exhibit "A"
Amendment to Conditional Use Permit No. 96 -2
Conditions of Approval
Page 2
7. 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.
8. The sale of beer and wine shall be restricted to the interior of the restaurant only and shall
be prohibited in the outdoor patio area.
9. All business activity, with the exception of the outdoor dining, 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.
10. 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.
11. The hours of operation for the restaurant shall be limited to the hours of 10 am to 11 pm,
seven (7) days a week. Modification to the hours of operation shall require an amendment
to the conditional use permit.
Effective 3 -10 -98
• Community Development Department • Planning Division •