Resolution No. 4289172
RESOLUTION NO. 4289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -4 - 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 full -
service Mexican restaurant and nightclub with the onsite sale of general alcohol located at 6197
Ball Road, 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 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 restaurant /nightclub is consistent with the land uses
permitted in the CG Commercial General Zone, and existing within the general
area.
(2) Adequate access and onsite parking are provided to serve the use.
The proposed use will occupy an existing structure and no new development is
proposed.
(3) The use will not be detrimental to the public health, safety and
welfare since conditions will be imposed regarding hours of operation, onsite
security and restrictions on dance floor space.
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. 94 -4, 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 28th day of M arch , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
l/
CI CLE
OF 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 28th day of March , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Kerry and
Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
47Ye/C
CITY CLERK OF THE✓CCIITY OF CYPRESS
174
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -4
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT CONDITIONS
1. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
2. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
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. All applicable conditions of Conditional Use Permit No. 94 -4 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. 94 -4 becoming effective.
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -4 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.
• City of Cypress ■ Community Development Division •
Exhibit "A"
Conditional Use Permit No. 94 -4
Conditions of Approval
Page 2
11. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
12. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Planning Department approval prior to any signing 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.
13. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
14. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. The business hours of operation in relation to truck delivery activity shall be limited from
7 a.m. to 6 p.m. only, on Monday through Saturday. Late night or early morning
deliveries shall be specifically prohibited.
21. The access door to the business premises facing the street 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.
• City of Cypress • Community Development Division •
176
Exhibit "A"
Conditional Use Permit No. 94 -4
Conditions of Approval
Page 3
22. 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 an
Environmental Categorical Exemption according to the requirements of the California
Environmental Quality Act.
BUILDING DEPARTMENT CONDITIONS
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.
FIRE DEPARTMENT CONDITIONS
24. The proposed restaurant shall install an automatic fire sprinkler system per UBC 3802(b),
to be approved by the Fire Chief, prior to issuance of a Certificate of Use and Occupancy.
25. 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.
POLICE DEPARTMENT CONDITIONS
26. Dancing and entertainment shall not be conducted between the hours of 2 a.m. and 6 a.m.
on Fridays, Saturdays and holidays and midnight to 6 a.m. Sunday through Thursday,
except preceding a holiday.
27. The dance floor area shall not be expanded beyond 1053 square feet (as indicated on the
plans) without a review of this use by the Police Department.
28. Security guards, licensed by the State and approved by the Police Department, are to
patrol the entrances and parking lot should the Police Department determine there is a
need for such guards.
• City of Cypress • Community Development Division •
Exhibit "A"
Conditional Use Permit No. 94 -4
Conditions of Approval
Page 4
29. A monitored alarm system, covering all perimeter doors, windows and roof openings,
shall be installed.
30. All exterior doors, with the exception of the main entrance (double doors), shall have
locking hardware designed to be locked from the exterior, but unlocked from the interior
for exiting purposes.
Patio exit doors on the south and west sides of the building shall be closed during hours
of business operation.
31. The applicant may return to City Council, subject to a minor conditional use permit to
extend hours of operation.
Revised 3/14/94
• City of Cypress • Community Development Division ■