Resolution No. 4337LI
RESOLUTION NO. 4337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 89 -17 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 allow
construction of an enclosure of an existing patio dining area at the Gourmet Pie and Pastry
Restaurant located within the shopping center at 4139 Ball Road.
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 proposed enclosure of the existing patio dining area does not
represent an expansion of the existing restaurant use.
(2) 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.
(3) The restaurant, including the proposed patio enclosure is an
appropriate business to be located within the existing commercial center, and is
compatible with surrounding commercial uses.
(4) The subject restaurant is located within a commercial center
designed to provide adequate access and parking for restaurant patrons.
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 No. 2 to Conditional Use Permit No. 89 -17,
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 27 th day of June , 1994.
MAYOR OF THE CITY OF CYPRESS
337
338
ATTEST:
(
CITY CLERK OF THE CIT''Y 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 27th day of June , 1994, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Kerry, Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bowman
47 )14K 44- CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
AMENDMENT NO. 2 TO
CONDITIONAL USE PERMIT NO. 89 -17
CONDITIONS OF APPROVAL
ENGINEERING DEPARTMENT
1. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
2. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• All applicable Building Department fees.
3. 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 (§ 2100 et seg. - including but not by way of limitation § 21152 and
21167). 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 and 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.
PLANNING DEPARTMENT
4. The developer'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.
5. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
• City of Cypress • Community Development Division •
340
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 89 -17
Conditions of Approval
Page 2
6. 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
occupancy of the subject building addition.
7. All applicable conditions of Conditional Use Permit No. 89 -17 and Amendment No. 1 to
same shall be complied with prior to occupancy of the subject building addition.
8. All business activity shall occur within the building.
9. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
10. 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.
11. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff.
12. Parking for the handicapped shall be provided in accordance with State requirements.
13. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
14. Should the applicant wish to replace the existing building signage with canopy signage,
a sign plan for the proposed building canopy signage shall be submitted for Planning
Department approval prior to installation, however, no more than one sign shall be
permitted on the business frontage. The developer shall not erect or display on the subject
property any signs which have not been approved in writing by the Planning Department.
15. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
16. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
17. 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.
18. 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.
• City of Cypress • Community Development Division •
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 89 -17
Conditions of Approval
341
Page 3
19. 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.
20. 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.
21. The access door to the business premises facing the alleyway and adjoining single - family
residences shall remain closed during business hours except during deliveries and trash
disposal. Any breaking down of boxes or other noisy disposal preparation shall be
conducted indoors after 7 p.m. No trash shall be emptied into the outide bin after 10 p.m.
The rear access door shall remain closed after 10 p.m. daily.
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 the
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 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.
23. The walkway in front of the subject restaurant shall be kept clear for pedestrian access
and shall not be obstructed by trash cans, landscape pots, or seating benches.
24. The applicant/developer shall install a pedestrian protection barrier (i.e. steal pole stops,
concrete wheel stops, decorative pilons, three (3') foot high wrought iron fence, or other
feasible materials) at curbside abutting the parking drive aisle. The type of pedestrian
protection barrier used shall be subject to the approval of the Design Review Committee.
BUILDING DEPARTMENT
25. 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.
26. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
27. 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.
28. Type 5 cement shall be used for all foundations and slabs on grade.
• City of Cypress • Community Development Division •
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 89 -17
Conditions of Approval
Page 4
29. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
30. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
FIRE DEPARTMENT
31. 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) 744 -0400
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. 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.
Effective 6/27/94
• City of Cypress • Community Development Division •