Resolution No. 4281138
RESOLUTION NO. 4281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 93 -18 - 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
restaurant including six (6) video game machines and the sale of onsite beer and wine only in
the lease space at 9921 Walker Street, 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) 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.
(2) The commercial plaza contains adequate off - street parking to
accommodate the anticipated number of vehicles which will be generated by this
use.
(3) Public hearing notices were mailed to all property owners within
300 feet without any owner protesting this application.
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 -18, 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 February, 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
/c3,)
CITY CLE
OF TH 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 14th day of February, 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 F THE TY
OF CYPRESS
140
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -18
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
2. 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.
3. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 93 -18 shall be complied with
prior to occupancy of the subject building.
6. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 93 -18 becoming
effective.
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 93 -18 will require an amendment to the conditional use
permit.
8. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
9. 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.
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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 93 -18
Conditions of Approval
Page 2
11. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
Bathrooms shall also be handicapped accessible.
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 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.
15. 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.
BUILDING CONDITIONS
16. 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.
17. 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 DEPARTMENT CONDITIONS
18. Prior to the issuance of any building permits, plans for the automatic fire sprinlder
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,
or provide a one (1) hour occupancy separation for each side wall of suite (UBC 3802).
• Community Development Department • Planning Division •
142
Exhibit "A"
Conditional Use Permit No. 93 -18
Conditions of Approval
Page 3
19. 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.
20. 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.
c. Storage, dispensing or use of any flammable and combustible
liquids, flammable and compressed gasses and other a hazardous
materials shall comply with Uniform Fire Code Regulations.
d. Plans of modifications to or new fire protection, detector or alarm
system(s) shall be approved by the Fire Department prior to
installation.
21. Prior to the issuance of any permits, submit to the Fire Chief for approval architectural
plans. These shall comply with the requirements for an A3 occupancy. Include two (2)
exits that do not require passing through a kitchen. (See UBC Section 3303.)
POLICE DEPARTMENT CONDITIONS
22. Exterior rear door shall be illuminated during hours of darkness.
23. The rear door shall have locking hardware designed to be locked from the exterior, but
unlocked from the interior for exiting purposes.
24. Persons under 18 years of age shall not be permitted to loiter inside the business during
school hours.
Effective 1/24/94
• Community Development Department • Planning Division •