Resolution No. 4735301
RESOLUTION NO. 4735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 96 -14 - 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 Thai
food restaurant with onsite sale of beer and wine located at 10557 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.
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 Zone in which the site
is located, which is:
Intended as an area for the development of a well designed business park
which can respond to changing future market conditions and at the same
time provide a physical mix of land uses, a range of employment
opportunities and design standards that will assure a well designed,
aesthetically pleasing business environment.
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 onsite sale of beer and wine is a
conditionally permitted use in the PC -5 Planned Community Business Park Zone.
(2) The proposed restaurant complies with the goals and policies listed
in the Cypress General Plan and performance standards listed in the Cypress
Zoning Code.
(3) There is sufficient parking onsite to accommodate 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. 96 -14, 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.
MAYOR OF THE CITY OF C RESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
302
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: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
• yr a,
CITY CLERIC OF THE CITY OF CYPRESS
303
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -14
10557 VALLEY VIEW STREET
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant /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 (§ 2100 et se q. - 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 applicant /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. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
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. 96 -14 shall be complied with
prior to occupancy of the subject building.
• Community Development Department • Planning Division •
304
Exhibit "A"
Conditional Use Permit No. 96 -14
Conditions of Approval
Page 2
7. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 96 -14 becoming
effective.
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -14 will require an amendment to the conditional use
permit.
9. 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.
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. 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.
12. 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, required under Public Resources Code
Section 21152. 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.
Effective 12/9/96
• Community Development Department • Planning Division •