Resolution No. 441090
RESOLUTION NO. 4410
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -21 - 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 allow Bingo game
operations as a primary use, in addition to administrative office functions, at 6165 -6177 Ball
Road in 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 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 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) This project should not create a substantially adverse physical
change within the affected area, including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance because the project
does not include any new construction at the existing commercial center
development.
(2) The City Council adopted Resolution No. 4362 on September 12,
1994, determining Bingo game operations, subject to approval of a conditional
use permit, to be similar to and no more detrimental than existing conditionally
permitted uses in the Commercial General (CG- 10,000) Zone.
(3) This project will be compatible with surrounding uses, subject to
the conditions of approval regarding permitted businesses, hours of operation, and
vehicle parking and circulation movements.
(4) The adjacent arterial street has more than adequate capacity to
accommodate the projected volumes of pedestrian and vehicular traffic to be
generated by this use.
(5) A parking analysis conducted by City staff identified mitigation
measures which will reduce potential parking impacts to a level of insignificance.
(6) Mitigation measures identified in the parking study for this project
are incorporated as conditions of approval of the conditional use permit.
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. 94 -21, 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 14th day of November , 1994.
ATTEST:
E
CITY CLERK OF H CIT OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
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 14th day of November , 1994, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF TII CITY OF CYPRESS
92
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -21
CONDITIONS OF APPROVAL
* Denotes mitigation measures of the Mitigated Negative Declaration for Conditional Use
Permit No 94 -21, which are incorporated into the project as conditions of approval.
PLANNING CONDITIONS
1. The applicant/property owner shall comply with all provisions of the Code of the City of
Cypress.
2. The applicant/property owner 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 sec . - including but not by way of limitation §
21152 and 21167). City shall promptly notify the applicant/property owner 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, applicant/property owner shall not thereafter be responsible to defend, indemnify,
or hold harmless the City.
3. All applicable conditions of Conditional Use Permit No. 94 -21 shall be complied with
prior to occupancy of the subject building.
4. The total number of seats for the Bingo use shall be limited to 170 seats. Any expansion
or modification of the approved use beyond what is approved as part of Conditional Use
Permit No. 94 -21 will require an amendment to the conditional use permit. Any
modification involving an increase in the number of seats in the assembly areas shall
result in the need for a formal parking study to be performed by a parking consultant to
be commissioned by the City and paid for by the applicant.
*5. All business activity shall occur within the building.
6. 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.
• Community Development Department • Planning Division
Exhibit "A"
Conditional Use Permit No. 94 -21
Conditions of Approval
Page 2
*7. The applicant or property owner shall paint restricted parking signs on seven (7) parking
blocks or curbs for the commercial and office businesses operating between the hours of
6:00 p.m. and 10:00 p.m. The painting plan for the restricted parking shall be submitted
to the Planning Department for review and approval prior to commencement of the Bingo
operations.
*8. The applicant shall provide onsite personnel to direct and regulate parking of their patrons
to the appropriate areas away from the restaurants or other businesses operating during
the operation of the Bingo use.
*9. Should substantiated complaints be received that the parking demand for the Bingo use
is precluding access to other businesses within the Cinnamon Square shopping center, the
conditional use permit for the Bingo use shall be brought to a City Council public hearing
for review and possible revision or revocation of the Bingo use permit. Possible revisions
to the permit shall include, but not be limited to, restricted hours of operation, restricted
days of operation, decreased amount of seats for the Bingo use, organization of a carpool
program for employees and patrons, and/or marking of parking spaces for the restaurant
uses.
*10. The Bingo use shall not preclude new uses from locating within the Cinnamon Square
shopping center as a result of the Bingo use occupying more than its fair share of parking
(44 parking spaces based on a ratio of 1/225 square feet of gross floor area). Should
parking problems develop upon location of a new use within the center, the Bingo use
shall bear the responsibility to modify its operation as stated above in Condition No. 9 to
insure adequate parking spaces for all uses operating during the Bingo use's hours of
operation.
11. Conditional Use Permit No. 94 -21 shall be limited to a trial period of one (1) year,
renewable upon review by the City Council.
12. The applicant shall provide security personnel on the premises, including the shopping
center parking areas, during Bingo operations.
*13. The access doors to the business premises shall remain closed during all hours of business
operation. The rear doors facing adjacent single - family residences shall be designated and
used for emergency exit purposes only.
14. The City Council shall maintain the right to review the Bingo use'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 and uses.
• Community Development Department • Planning Division
94
Exhibit "A"
Conditional Use Permit No. 94 -21
Conditions of Approval
Page 3
15. Wheelchair and handicap access facilities shall be installed onsite in accordance with State
of California and City of Cypress Building Department Standards.
16. Parking for the handicapped shall be provided in accordance with State requirements.
17. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
18. 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.
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 applicant shall not erect or display on the subject property any signs which have not
been approved in writing by the Planning Department.
21. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Planning 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
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour
period, the applicant/developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
22. All mitigation measures shall be incorporated an conditions of approval for Conditional
Use Permit No. 94 -21.
BUILDING CONDITION
23. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
23a. The proposed use as stated is classified as an A -3 occupancy in accordance with the
existing 1991 Uniform Building Code. If at any time the total occupancy load exceeds
299 persons, the occupancy classification shall change by operation of law to an A -2.1
occupancy, in which case all applicable code provisions for an A -2.1 occupancy shall be
• Community Development Department • Planning Division
Exhibit "A"
Conditional Use Permit No. 94 -21
Conditions of Approval
Page 4
complied with and a new Certificate of Occupancy shall only be issued after all
requirements have been met.
FIRE CONDITIONS
24. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
25. The applicant shall submit a detailed letter of intended use for each area of the building
to the Fire Department prior to a Certificate of Occupancy being issued.
26. The applicant shall submit to the Fire Department formal plans indicating the type of
construction, occupancy class, exits, etc. for review and approval prior to a Certificate of
Occupancy being issued.
POLICE CONDITIONS
27. All State laws and City ordinances regarding Bingo operations shall be strictly adhered
to at all times.
28. Each organization operating Bingo games at the subject site shall obtain a valid Bingo
License issued by the Chief of Police.
29. Each organization operating Bingo games at the subject site shall be audited annually.
Each Bingo operator shall be responsible for the cost of the respective audit.
30. All supplies and equipment associated with the Bingo game operations shall be securely
stored at the conclusion of each day /night' s operation. No monies shall be stored
overnight anywhere in the facility.
Revised 11/15/94
• Community Development Department • Planning Division