Resolution No. 4267RESOLUTION NO. 4267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 93 -14 - 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 a billiard
parlor with the service of onsite beer and wine, and snacks in the Campus View Center located
at 9111 Valley View Street 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 proposed billiard parlor is consistent with the intent of the CH
Commercial Heavy Zone in that it will provide commercial recreation with the
onsite sale of beer and wine and light prepared snacks.
(2) The location of the conditional use and the conditions under which
it will be operated will not be detrimental to the public health, safety and welfare,
since the proposed billiard parlor will be required to provide adequate lighting,
an onsite security officer, a time - locked safe, appropriate emergency door exits
and will not permit patrons under the age of 21 without a parent or guardian.
(3) The proposed business will comply with each of the applicable
provisions of the Code, including access, parking and signage. No variances are
included.
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. 93 -14, 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 November , 1993.
MAYOR OF THE CYPRESS
ATTEST:
aIY-e/1-el6
CITY CLERK 0 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 November , 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
/-4 a.'H
C ITY CL OF E
CITY OF CYPRESS
Exhibit "A"
Conditional Use Permit No. 93 -14
Conditions of Approval
Page 3
20. 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.
21. Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief
the automatic fire sprinkler system density. This project shall have automatic fire
sprinklers per the Uniform Building Code Sec. 3802 (C). Alcoholic beverages may not
be served unless the building has sprinklers.
22. The following notes shall be provided on the site plan prior to submittal for plan check:
A. Fire Department Final Inspection Required. Schedule inspection two (2)
days in advance. Phone 821 -7850.
B. Locations and classifications of extinguishers to be determined by 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.
D. Building(s) 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.
23. 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.
The system shall comply with the 1991 Uniform Fire Code Sec. 10.513.
24. 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.
25. "Persons under the age of 18 years old shall not be permitted inside the business during
school hours" shall be posted at all entrances.
26. All tables shall be visible to the facility attendant.
27. Interior lighting level shall be maintained at a minimum of one footcandle of light three
feet (3') above the floor surface.
• Community Development Department • Planning Division •
86
Exhibit "A"
Conditional Use Permit No. 93 -14
Conditions of Approval
Page 4
28. A time -lock delay safe shall be utilized to store monies during business hours.
29. The operation and use permit shall be reviewed by the Planning Director and the Chief
of Police on an annual basis, at the time the business license is renewed for this use.
30. No form of betting or gambling shall be allowed.
31. No games of chance shall be allowed on the premises.
32. Any type of food service shall be inspected and approved by the Orange County Health
Department.
33. The applicant shall obtain a "Type 42" liquor license from the State of California
Department of Alcoholic Beverage Control prior to the sale of any alcoholic beverage.
Any upgrade from an on -sale beer and wine type license shall require an amendment to
Conditional Use Permit No. 93 -14.
34. No permanent type bar shall be installed which would be designated specifically to
facilitate the dispensing of beer within this facility.
35. In compliance with the regulations of the State Department of Alcoholic Beverage
Control, persons under 21 years of age shall not be permitted inside the business unless
accompanied by a parent or guardian.
36. A security guard shall be on the premises on Friday and Saturday evenings from 6 p.m.
to closing.
Revised 11/8/93
• Community Development Department • Planning Division •
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -14
CONDITIONS OF APPROVAL
1. The applicant shall comply with all provisions of the City Code.
2. The applicant'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. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 93 -14 becoming
effective.
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 93 -14 will require an amendment to the conditional use
permit.
7. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
8. 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.
9. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
• Community Development Department • Planning Division •
84
Exhibit "A"
Conditional Use Permit No. 93 -14
Conditions of Approval
Page 2
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. The applicant shall not erect or display on the subject property any signs which have not
been approved in writing by the Planning Department.
12. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
13. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
14. 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.
15. The hours of operation shall be Sunday through Thursday 10 a.m. to 1 a.m. and Friday,
Saturday and holidays from 10 a.m. to 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 substantiated complaints be received that the business hours are
creating an adverse impact upon neighboring properties.
16. The access door to the business premises facing the alleyway 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.
17. 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.
18. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
19. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
■ Community Development Department • Planning Division •