Resolution No. 4356RESOLUTION NO. 4356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -11 - 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 the sale of
onsite beer and wine at an existing restaurant located at 6151 Ball Road, within 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 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 will 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.
(2) This restaurant use is consistent with the Cypress Zoning Ordinance
in that restaurants including the sale of alcoholic beverages are permitted in the
CG Commercial General Zone, subject to a conditional use permit.
(3) This proposed sale of onsite beer and wine within the existing
restaurant is an appropriate use within the existing surrounding commercial
center, and is compatible with the surrounding commercial uses.
(4) This restaurant is located within a commercial center designed to
provide adequate access and parking for restaurant patrons.
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 -11, 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 22nd day of August , 1994.
MAYOR OF THE CITY OF CYPRESS
1
420
L
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 22nd day of August 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 CLE OF THB'CITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -11
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. The business /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 sue. - including but not by way of limitation §
21152 and 21167). City shall promptly notify the business /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, developer shall not thereafter be responsible to defend, indemnify, or hold harmless
the City.
2. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
3. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 94 -11 becoming effective.
4. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -11 will require an amendment to the conditional use
permit.
5. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
6. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
7. 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 -11
Conditions of Approval
Page 2
8. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff.
9. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite
and at a location acceptable to City staff. [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right -of -way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
10. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Planning Department approval prior to any sign installation. The
developer shall not erect or display on the subject property any signs which have not been
approved in writing by the Planning Department.
11. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
12. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
13. 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.
14. 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.
15. 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.
16. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface finished materials.
17. Should the operation of the restaurant create or contribute to a parking problem within the
Cinnamon Square Shopping Center, the City Council shall maintain the right (subject to
a public hearing) to revoke or modify this conditional use permit and /or require a
reduction in the restaurant's seating capacity.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -11
Conditions of Approval
Page 3
18. The restaurant's hours of operation shall be limited to the hours of 11 a.m. to 10 p.m.,
Monday through Sunday. 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.
19. 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
Notice of Exemption in accordance with Fish and Game Code Section 753.5, 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.
BUILDING CONDITIONS
20. If any structural changes are made, the 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.
21. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
FIRE CONDITIONS
22. 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.
23. If any structural changes are made, the following notes shall be provided on the site plan:
A. Fire Department 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.
• Community Development Department • Planning Division •
424
Exhibit "A"
Conditional Use Permit No. 94 -11
Conditions of Approval
Page 4
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.
D. The building is not approved for high piled combustible storage. Materials in
closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in
racks and 6 feet for tires, plastics and some flammable liquids if high stock piling,
comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Department prior to installation.
POLICE CONDITIONS
24. All exterior doors shall have locking hardware designed to be locked from the exterior,
but unlocked from the interior for emergency exiting purposes.
25. The address (numbers) shall be clearly visible from the front of the business.
26. The applicant/business owner shall provide the Police Department with a listing of
responsible parties (preferably including three persons) who could be contacted for
emergency reasons during non - business hours. The list shall contain each person's name,
home address, and phone number.
27. Installation of a monitored alarm system, covering all perimeter doors, windows, and roof
openings is recommended.
Effective 8/22/94
• Community Development Department • Planning Division •