Resolution No. 4577210
RESOLUTION NO. 4577
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -23 - 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 re- establish a
cocktail lounge use located at 5591 Lincoln Avenue in the CH Commercial Heavy 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 zone in which the site is
located is:
Intended to provide appropriately located areas for establishments catering
primarily to highway travelers, visitors to the City or such businesses or
uses where direct access to major arterial highways is essential or
desirable for their operation.
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 use is consistent with the objectives of the Cypress Zoning
Ordinance and the purpose of the zone in which the site is located.
(2) The conditions under which Conditional Use Permit No. 95 -23 will
be operated or maintained will be not be detrimental or materially injurious to
surrounding properties.
(3) That the proposed conditional use has sufficient parking onsite to
meet the requirements of the City Code and the anticipated parking demand.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95 -23, 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 11th day of December , 1995.
ATTEST:
CITY K T CITY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
/eK4
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, 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 11th day of December , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
2
211
212
EXHIBIT "A"
Conditional Use Permit No. 95 -23
5591 Lincoln Avenue
CONDITIONS OF APPROVAL
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 sec . - 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 developers 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 obtain a Cypress business license prior to commencement of the
business operation.
5. The applicant shall obtain a new Live Entertainment Permit from the City prior to having
any live entertainment.
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.
7. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 95 -23 becoming effective.
• Community Development Department • Planning Division •
213
Exhibit "A"
Conditional Use Permit No. 95 -23
Conditions of Approval
Page 2
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -23 will require an amendment to the conditional use
permit.
9. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
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. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
12. The applicant shall construct a trash enclosure onsite and at a location acceptable to City
staff within four (4) months from the date of approval for Conditional Use Permit No. 95-
23. Construction bins must be maintained onsite. Bin rental shall be contracted through
Briggeman Disposal.
13. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
14. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
15. All walls, fences and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural
integrity or appearance.
16. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes,
buckled or cracked surfaces, or raised areas.
17. 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.
18. The City Council shall maintain the right to review the cocktail lounge's hours of
operation and may, subject to a public hearing, limit the business hours should
• Community Development Department • Planning Division •
214
Exhibit "A"
Conditional Use Permit No. 95 -23
Conditions of Approval
Page 3
substantiated complaints be received that the business hours are creating an adverse impact
upon neighboring properties.
19. Parking for the handicapped shall be provided in accordance with State requirements.
20. The applicant shall provide a landscape plan to the City Planning Department within thirty
(30) days after the approval by the City Council of Conditional Use Permit No. 95 -23.
Landscaping shall be installed within sixty (60) days after the approval by the City
Council.
21. 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
in the amount of Twenty -five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Exemption in accordance with the 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 12/11/9.5
• Community Development Department • Planning Division •