Resolution No. 4732290
RESOLUTION NO. 4732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 96 -12 - 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 establish a
restaurant with general alcohol sales and live entertainment located at 6197 Ball Road within the
CG 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 Commercial General Zone in
which the site is located, which is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 complies with the criteria of the City of
Cypress General Plan and the Zoning Code.
(2) There is sufficient parking for the re- establishment of this
restaurant.
(3) The use will not be detrimental to the health, safety and welfare of
the community since conditions will be imposed regarding the hours of operation,
onsite security and restricted dance floor area.
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. 96 -12, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned
regular meeting held on the 10th day of December , 1996.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
291
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City
Council held on the 10th day of December , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Jones, Piercy and Carroll
NOES: 1 COUNCIL MEMBERS: Keenan
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
292
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -12
6197 BALL ROAD
CONDITIONS OF APPROVAL
*Bolded conditions are 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 semc . - 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. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 96 -12 shall be complied with
prior to occupancy of the subject building.
6. 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 •
Exhibit "A"
Conditional Use Permit No. 96 -12
Conditions of Approval
Page 2 2
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
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. * Doors to the restaurant shall be closed at all times.
9.* The applicant shall obtain a live entertainment permit prior to conducting that
portion of the business.
10.* The applicant shall comply with all provisions of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 96 -12 becoming effective.
11.* The business hours of operation in relation to truck delivery activity shall be limited
to the hours of 7 A.M. to 6 P.M. only, on Monday through Saturday. Late night
or early morning deliveries shall be specifically prohibited.
12.* The restaurant shall remain the primary use at this site. Should the operation
change from what has been represented within this application, an amendment to
Conditional Use Permit No. 96 -12 shall be required.
13. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -12 will require an amendment to the conditional use
permit.
14. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
14a. ABC license shall remain type 47.
POLICE CONDITIONS
15.* An onsite security guard, licensed by the State of California and approved by the
Cypress Police Department, shall be hired and present at the site during the hours
of 8 P.M. until closing in order to prevent loitering by patrons.
Revised 12/11/96
• Community Development Department • Planning Division •