Resolution No. 4618RESOLUTION NO. 4618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 96 -2 - 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 coffee
and tea restaurant with outdoor seating on the property located at 10569 Valley View Street in
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 zone in which the site is
located is:
Intended as an area for the location of retail and wholesale commercial
activities.
b. The proposed location of the restaurant 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 is a conditionally permitted use in the CG
Commercial General 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 Cypress 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 -2, 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 8th day of April , 1996.
MAYOR OF TH CITY OF CYPRESS
ATTEST:
V Y1
cfrLE-Qt.rt....—RK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
385
386
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 8th day of Apri 1 , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Carrol 1 , Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY LERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 96 -2
CONDITIONS OF APPROVAL
* Denotes conditions specific to this project, which are not included in the City's list
of Standard Conditions of Approval.
PLANNING DEPARTMENT
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 (§ 2100 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 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. 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 -2 shall be complied with prior
to occupancy of the subject building.
• Community Development Department • Planning Division •
387
388
Exhibit "A"
Conditional Use Permit No. 96 -2
Conditions of Approval
Page 2
*7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -2, including the sale of alcohol, will require an
amendment to the conditional use permit.
8. 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.
9. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance
with State of California and City of Cypress Building Department Standards.
*10. The hours of operation shall be limited to the hours between 5 a.m and 2 a.m. 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 either the Cypress Police
Department request limitation of the hours of operation or substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties.
11. 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 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.
BUILDING CONDITIONS
12. 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.
13. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
*14. Health Department approval must be obtained prior to issuance of building permits.
FIRE AUTHORITY CONDITIONS
15. Prior to the issuance of any permits, plans for the automatic fire sprinkler system 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -2
Conditions of Approval
Page 3 3 8 9
16. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use of the building to the Fire Chief for review and approval.
17. Prior to approval of a site development/use permit, or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of the Fire
Chief. The applicant shall include information on the plans required by the Fire Chief.
Contact the Orange County Fire Authority Plans Review Section at (714) 744 -0403 for the
Fire Safety Site /Architectural Notes to be placed on the Plans.
18. 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 review and
approval.
19. Provide architectural plans with information regarding exiting from structure. Information
should include but not be limited to exit signs, exit doors, door hardware, etc.
Effective 04/08/96
• Community Development Department • Planning Division •