Resolution No. 4326308
RESOLUTION NO. 4326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 83 -2 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to add eight (8)
pool tables and extend the hours of operation to 1 a.m. Sunday through Thursday and 2 a.m.
Friday and Saturday for the existing Prime Time Pizza Restaurant located at 6191 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 amended 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 amended 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 addition of pool tables to the existing pizza parlor is consistent
with the intent of the CG Commercial General Zone in that it will provide
commercial recreation with the sale of pizza and onsite beer and wine.
(2) The location of the conditional use and the conditions under which
it will be operated or maintained will not be detrimental to the public health,
safety, or welfare, since the proposed use will be conditioned to allow the City
Council to limit the hours of operation should the use become detrimental to the
surrounding businesses, and an onsite security officer shall be provided in the
event substantiated complaints are received regarding the operation of the use.
(3) The proposed business will comply with each of the applicable
provisions of the Cypress Zoning Code, including access, parking and signage.
No variances are included with this application.
c. The proposed amended 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 Amendment to Conditional Use Permit No. 83 -2, 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 13th day of June 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
C Y 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 13th day of June 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 THF,.CITY OF CYPRESS
310
EXHIBIT "A"
AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT NO. 83 -2
CONDITIONS OF APPROVAL
1. The applicant shall satisfy all necessary requirements of the State of California
Department of Alcoholic Beverage Control.
2. The Cypress City Council shall maintain ongoing jurisdiction over the restaurant's hours
of operation with the right to review or limit the hours of operation should this use
become detrimental to surrounding businesses or the community.
3. Adult supervision (over 21 years of age) shall be maintained on the business premises at
all times.
4. Should the City Council determine that the use of the pool tables become detrimental to
the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity, the Council may restrict the use of or cause the removal
of all pool tables on the premises.
5. Conditional Use Permit No. 83 -2 may be revoked by the City Council, subject to a
public hearing, thereby terminating the right to serve alcoholic beverages on the
premises.
6. All prior conditions of Conditional Use Permit No. 83 -2 and subsequent amendments
shall be complied with prior to this amendment becoming effective.
7. The developer 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. City shall promptly notify the developer of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action nd 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
8. 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
• City of Cypress • Community Development Department •
311
Exhibit "A"
Amendment No. 3 to Conditional Use Permit No. 83 -2
Conditions of Approval
Page 2
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
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.
9. Should substantiated complaints be received, a security guard shall be required on the
premises Friday and Saturday evenings from 6 p.m. until closing.
Revised 5/23/94
• City of Cypress • Community Development Department •