Resolution No. 4296RESOLUTION NO. 4296
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -7 - 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 construction
of a patio dining area with an expanded beer and wine liquor license at the existing restaurant
located within the shopping center at 10205 Valley View Street, 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 restaurant is consistent with the Cypress Zoning Ordinance in
that restaurants with onsite beer and wine are permitted in the CG Commercial
General Zone, subject to a conditional use permit.
(2) The restaurant is an appropriate business to be located within the
existing commercial center and is compatible with surrounding commercial uses.
(3) The restaurant will be 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 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 -7, 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 11th day of April , 1994.
MAYOR OF THE CITY OF CYPRESS
210
ATTEST:
CITY CLERK
THE TY 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 11th day of April , 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
CITY CLERK O THE CO F CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -7
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT CONDITIONS
1. The developers 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.
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. All applicable conditions of Conditional Use Permit No. 94 -7 shall be complied with prior
to occupancy of the subject building.
5. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 94 -7 becoming effective.
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -7 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. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
9. 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.
10. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
• City of Cypress • Community Development Division •
212
Exhibit "A"
Conditional Use Permit No. 94 -7
Conditions of Approval
Page 2
11. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
12. 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. 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.
14. 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 DEPARTMENT CONDITIONS
15. 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.
16. A building permit shall be obtained for the three foot six inch (3' 6 ") new stucco wall and
the removal of interior wall.
POLICE DEPARTMENT CONDITIONS
17. All exterior opening doors must have locking hardware designed to be locked from the
exterior, but unlocked from the interior for exiting purposes.
18. West side exterior door should have an overhead lighting fixture that is activated during
hours of darkness. This lighting will provide for surveillance of the entry point during
hours that the business is closed.
• City of Cypress • Community Development Division •
Exhibit "A"
Conditional Use Permit No. 94 -7
Conditions of Approval
Page 3
19. Address numbers shall be clearly visible from the front of the business.
FIRE DEPARTMENT CONDITIONS
20. 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.
21. The following notes shall be provided on the site and architectural plans:
A. Fire Department Final Inspection Required. Schedule inspection 2 days in
advance. Phone 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 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.
Effective 3/28/94
• City of Cypress ■ Community Development Division •