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Resolution No. 6630201 RESOLUTION NO. 6630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -8 - 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 an amendment to an existing conditional use permit in accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of Cypress to replace the outdoor play equipment with outdoor dining /seating for an existing McDonalds fast -food restaurant, located at 10115 Valley View 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 CG Commercial General Zone in which the site is located, which is: Intended for the continued use, expansion, and new development of a wide variety of retail and wholesale commercial enterprises, service uses, entertainment uses, and similar businesses. 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 replacement of the outdoor play equipment with outdoor dining furniture will be consistent and compatible with surrounding shopping center buildings. (2) The playground replacement with outdoor dining furniture will better serve the seating needs for the fast -food restaurant's patrons, which desire an outdoor dining experience. (3) The project will not displace any parking spaces, and the surrounding shopping center parking lot has sufficient parking spaces to accommodate the patrons using the additional outdoor dining tables. (4) In accordance with the provisions of the California Environmental Quality Act (CEQA), a Categorical Exemption, Class 1, will be filed for this project upon approval. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve the Amendment to Conditional Use Permit No. 88 -8, subject to the existing conditions attached hereto as Exhibit "A ". Any challenge to this Resolution, and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6. 202 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of June, 2017. ATTEST: kaa,i17) CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AYOR OF THE CITY OF CYPRESS I, DENISE BASHAM, 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 26th day of June, 2017, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 203 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-8 (McDonald's Restaurant Remodel) 10115 Valley View Street CONDITIONS OF APPROVAL Bolded conditions represent those specific to this project. 1. General Conditions 1.1. Unless and until the project applicant and property owner sign and return a City- provided affidavit accepting these conditions of approval, there shall be no entitlement of the application. The project applicant and property owner shall have fifteen (15) calendar days to return the signed affidavit to the Community Development Department. Failure to do so will render City Council action on the application void. (Planning) 1.2. The applicant 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 (§ 21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the applicant of any claim, action, or proceeding brought within this time period. (City Attorney) 1.3. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning) 1.4. Any and all correction notice(s) generated through the plan check and/or inspection process is /are hereby incorporated by reference as conditions of approval and shall be fully complied with by the owner, applicant and all agents thereof. (Planning) 2. Planning 2.1. Any expansion or modification of the approved use beyond what is approved as part of this Conditional Use Permit will require an amendment to the conditional use permit. (Planning) 2.2. 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. (Planning) • Community Development Department • Planning Division • 204 Exhibit "A" Amendment to Conditional Use Permit No. 88 -8 Conditions of Approval 3. Architectural Page 2 3.1. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. (Planning) 3.2. 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. (Planning) 3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. (Planning) 3.4. 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. Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff. (Planning) 3.5. During construction, the developer shall provide an adequate number of trash bins at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through the City's disposal services contractor. (Planning) 4. Signage 4.1. This amended permit includes approval of replacement building signs as shown on the plans submitted. Any modification of the building or freestanding signs shall be submitted for Community Development Department approval prior to the installation of any signs. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. (Planning) 4.2. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. (Planning) 5. Landscaping — N/A 6. Operational 6.1. The use of mechanical devices associated with the cleaning and maintenance of real property shall be conducted in accordance with the Cypress Zoning Code. (Planning) • Community Development Department • Planning Division • 205 Exhibit "A" Amendment to Conditional Use Permit No. 88 -8 Conditions of Approval 7. Property Maintenance Page 3 7.1. 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. (Planning) 7.2. 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. (Planning) 7.3. Exterior building elevations shall be maintained such that the buildings are free of broken, missing or significantly cracked surface finished materials. (Planning) 7.4. Commercial - The property owner shall maintain the site, the publically accessible interior, and publically viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning) 8. Fees 8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below. (Engineering) - Building Plan Check (Prior to submittal of Plans) - Building Permit and Inspection (Prior to Permit issuance) 8.2. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk - Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. If, within such forty -eight (48) hour period, the applicant/developer has not delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. (Planning) 9. Engineering — N/A 10. Landscaping within the Public Right -of -Way — N/A 11. Sewer and Wastewater 11.1. All sewer lines within the development shall be private sewer lines and shall be maintained and cleaned by the developer, or successor in interest. The City of Cypress shall have no responsibility for maintenance of the private sewer lines. (Engineering) • Community Development Department • Planning Division • 206 Exhibit "A" Amendment to Conditional Use Permit No. 88 -8 Conditions of Approval Page 4 11.2. Prior to building permit final, the applicant shall demonstrate that the business owner has properly trained their employees on the proper disposal of fats, oil, and grease best management practices. (Water Quality) 12. Street Trees — N/A 13. Street Lighting — N/A 14. Streets — N/A 15. Subdivisions — N/A 16. Traffic — N/A 17. Utilities — N/A 18. Drainage — N/A 19. Storm Water Quality — National Pollutant Discharge Elimination System 19.1. The applicant shall place sufficient trash receptacles outside to collect trash generated by its patrons. No less than one receptacle shall be provided. These shall be properly maintained and not allowed to overflow. (Engineering, Water Quality) 19.2. The applicant shall construct new or modify its existing trash enclosure structure to possess a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection to ensure it meets the above mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) 19.3. The applicant shall comply with the mandatory source separation for organics recycling as required by AB 1826. The applicant shall submit a trash enclosure design to accommodate 3 separate bins for: trash, recycling, and organics. (Engineering, Water Quality) 20. Building and Safety 20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2013 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building & Safety) • Community Development Department • Planning Division • 207 Exhibit "A" Amendment to Conditional Use Permit No. 88 -8 Conditions of Approval Page 5 20.2. Grading and exterior building construction activities shall be limited to the hours of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building construction and tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday, only if the City's noise standards are exceeded. No construction activity shall be allowed on Sundays or federal holidays. In addition, construction equipment shall be equipped with effective muffling devices. Compliance with this measure is subject to field inspection by City staff. (Building & Safety) 20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety) 20.4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick moisture barrier. (Building & Safety) 20.5. Prior to the issuance of a building permit, a security deposit of 3% of the valuation of the project, with a minimum of $1,000 and maximum of $10,000, shall be provided to the City to guarantee completion of the required construction and demolition waste management plan and reporting. The security deposit shall be held by the City until a final waste diversion report has been completed and approved. Failure to comply with the diversion requirements set forth in the California Building and Cypress Municipal Codes will result in forfeiture of the security deposit. Additional penalties and/or legal action may be taken in the event of improper disposal of construction and demolition waste or violation of the City's construction and demolition Ordinance. (Building & Safety) 21. Security 21.1. A minimum of six -inch (6 ") lettering shall be used for the property address, posted in a visible location on the building. (Police Department.) 21.2. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one (1) footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police Department) 21.3. Open parking lots, and access thereto, providing more than ten (10) parking spaces and for use by the general public, shall be provided with a maintained minimum of one (1) footcandle of light on the parking surface from dusk until the termination of business every operating day. (Police Department) 22. Antennas - N/A 23. Alcohol — On Sale — N/A 24. Alcohol — Off Sale — N/A 25. Fire — N/A • Community Development Department • Planning Division • 208 Exhibit "A" Amendment to Conditional Use Permit No. 88 -8 Conditions of Approval Effective: 1 -9 -2017 SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees 9. Engineering 10. Landscaping in the Public Right -of -Way 11. Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions 16. Traffic 17. Utilities 18. Drainage 19. Storm Water Quality 20. Building & Safety 21. Security 22. Antennas 23. Alcohol — On Sale 24. Alcohol — Off Sale 25. Fire Page 6 • Community Development Department • Planning Division •