Resolution No. 4736305
RESOLUTION NO. 4736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 96 -15 - 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 an indoor
sports training facility, including 9 batting cages, 7 pitching cages, 2 soccer areas, 1 volleyball
area, a video arcade (20 game machines) 2 billiard tables, 5 electronic dart boards, food service
with the sale of onsite beer and wine, indoor dining areas, and 4 outdoor waiting tables, located
at 9937 Walker Street within the CG- 10,000 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 CG- 10,000 Zone in which the
site is located, which is:
Intended as an area for the location of 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 sports training facility is conditionally permitted as
a recreational use within the CG- 10,000 Zone.
(2) The proposed project involves interior tenant improvements only,
except four (4) outdoor tables in front of the subject lease space for waiting
purposes.
(3) As conditioned, the proposed sports training facility will be
restricted with regard to providing onsite security, access by minors during school
hours, visibility of games by attendants, providing emergency access only at the
rear doors of the business, and compliance with requirements of the State
Department of Alcoholic Beverage Control for the sale and onsite consumption
of beer and wine within an eating establishment.
(4) The proposed indoor sports training facility will not significantly
impact the level of service on Walker Street or Ball Road because the nature of
the proposed use creates an even flow of customers, not scheduled peak arrival
times.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, including parking standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 96 -15, 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 CYPRESS
306
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 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
CITY CLERK OF THE CITY OF CYPRESS
307
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 96 -15
9937 WALKER STREET
* Denotes conditions which 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 seg. - 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, the State Department of Alcoholic Beverage Control, and Cypress Building
and Safety Department 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.
• Community Development Department • Planning Division •
308
Exhibit "A"
Conditional Use Permit No. 96 -15
Conditions of Approval
Page 2
6. Any up -grade from an on -sale beer and wine type license from the State Department of
Alcoholic Beverage Control shall require an amendment to Conditional Use Permit No.
96 -15.
7. All applicable conditions of Conditional Use Permit No. 96 -15 shall be complied with
prior to occupancy of the subject building.
8. All business activity shall occur within the building, except for approved outdoor seating.
Temporary use permits may be granted for outdoor activity in accordance with Section
13.1 of the Cypress Zoning Ordinance.
9. 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 Certificate of Fee Exemption in accordance with the Notice of
Determination 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
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -15 will require an amendment to the conditional use
permit.
11. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
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. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division Standards.
Bathrooms shall also be handicap accessible.
14. Architectural plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
309
Exhibit "A"
Conditional Use Permit No. 96 -15
Conditions of Approval
Page 3
15. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. Any change in exterior color scheme shall be submitted to City staff for
review and approval prior to actually painting the structure.
16. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. All signage shall
be consistent with the approved sign program for the Cypress Plaza Shopping Center.
17. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
18. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
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. The City Council shall maintain the right to review the business' 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. No part of the sports training facility shall be open to the public past 11
p.m. on any night.
21. The access door to the business premises facing the rear drive aisle and adjoining single -
family residences shall remain closed during all hours of business operation. Said door
shall be designated and used for emergency exit purposes only, and shall be equipped
with an emergency alarm. All exterior doors utilized for emergency exiting shall have
locking hardware designed to be locked from the exterior, but unlocked from the interior
for egress purposes.
22. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
23. All electronic game machines within the premises shall be visible and supervised by an
adult attendant (21 years or older). Said attendant shall be present at all times when any
amusement game machine is being operated. The electronic game machines shall be
arranged in a manner which allows full visibility of all machines from the doorway to
the arcade area.
24. The supervision of the patrons on the premises shall be adequate to ensure there is no
conduct that is detrimental to the public health, safety, and general welfare.
• Community Development Department • Planning Division •
310
Exhibit "A"
Conditional Use Permit No. 96 -15
Conditions of Approval
Page 4
25. No proprietor, employee thereof, or person in charge, shall allow any minor under 18
years of age to enter the arcade premises during hours of instruction throughout the
academic year for public school districts within the City of Cypress.
26. Alcoholic beverages shall not be consumed on the premises of the amusement arcade,
within the subject facility, unless the arcade is operated in conjunction with a full food
service use permitted to serve alcoholic beverages.
27. A security guard shall be provided on the premises from 5 p.m. until business closing
on Friday, Saturday, and Sunday evenings. Security guards shall be responsible for
crowd control both on the premises containing the arcade use and in the adjoining
parking area, and discouraging loitering in these areas.
28. The subject sports training facility, including an arcade use, shall not be operated in a
detrimental manner to adjoining businesses and the community. A bicycle parking rack
shall be provided either inside the business premises or as replacement of a motor vehicle
parking space adjoining the business establishment.
*29. No permanent bar shall be installed which would be designated specifically to facilitate
the dispensing of beer and wine within this facility.
*30. No alcoholic beverages shall be permitted outside of the building at the outdoor tables.
*31. No alcoholic beverages shall be permitted beyond the access doors to the training area.
BUILDING CONDITIONS
32. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS
33. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
This system shall be operational prior to the issuance of a Certificate of Use and
Occupancy.
34. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
• Community Development Department • Planning Division •
311
Exhibit "A"
Conditional Use Permit No. 96 -15
Conditions of Approval
Page 5
35. Prior to installation, plans for an approved fire - suppression system for the protection of
commercial -type cooking equipment shall be submitted to the Fire Chief for approval.
36. Prior to the issuance of any building permits, plans for the fire alarm system plans shall
be submitted to and approved by the Fire Chief prior to installation. This system shall
be operational prior to the issuance of a Certificate of Use and Occupancy.
37. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building.
38. One set of architectural plans shall be submitted for Fire Authority approval concurrent
with the Building Department plan -check process. The following notes shall be provided
on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821 -7850.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
C. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
Effective 12 -11 -96
• Community Development Department • Planning Division •