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Resolution No. 4017RESOLUTION NO. 4017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 91-18 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 build and operate a Mexican -style restaurant with the onsite beer and wine located at 6471 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 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 is consistent with the zoning and development standards for the CG Commercial General. (2) Adequate access and parking are provided for onsite traffic and circulation. (3) The restaurant use is compatible with surrounding commercial uses. 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. 91-18, 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 25th day of November 1991. MAYOR OF THE CI OF CYPRESS ATTEST C/P.-L in./1/ CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 25th day of November 1991, by the following roll call vote: AYES. 5 COUNCIL MEMBERS. Age, Kerry Nicholson, Partin and Bowman NOES 0 COUNCIL MEMBERS: None ABSENT 0 COUNCIL MEMBERS. None t CITY CLERK OF THE CITY OF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 91-18 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City code. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on Mylar, signed by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark, shall be submitted for approval. A topographic map of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of one and one-half percent (1.5%) or as approved by the City Engineer, and concrete shall have a minimum slope gradient of two-tenths percent (.2%). 3. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works and Building Department standards. 4. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 5. Ball Road and Holder Street, in front of this development, shall be fully improved in accordance with City Standards, including but not limited to the following: West of the existing drive approach on Ball Road, remove Carrotwood tree that is causing damage and replant 15 -gallon Ficus in the existing street tree well, remove and replace damaged curb, gutter, and sidewalk. East of the existing drive approach on Ball Road, fill in existing street tree well with concrete and remove and replace damaged sidewalk. In the areas of the first and second street trees south of the existing drive approach on Holder Street, remove and replace damaged sidewalk. Prior to replacement of sidewalk, the City will prune the street tree roots. If, after root pruning, the street tree is not found to be suitable for its intended use, then the developer shall remove the street tree and replant a 15 -gallon street tree specified by the City 6. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City streets, lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1") continuous A.C. cap. Exhibit A Conditional Use Permit No. 91 18 Conditions of Approval Page 2 n 7 A sewer plan shall be submitted for approval by the City Engineer. 8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS. Engineering Plan Checking and Inspection Fee (Per Resolution 2964). Drainage Fee for Master Drainage Plan (Per Resolution 2287). Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3, Resolution 303). Grading Plan Check and Permit (Per Resolution 2964 and 3662). All applicable Building Department Fees. 9 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants and access roads shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 10. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Standard. On private property, these markers are to be maintained in good condition by the property owner. 11. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. A parcel map shall be recorded prior to issuance of a building permit. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 12. 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. 13. All applicable conditions of Conditional Use Permit No. 91 18 shall be complied with prior to occupancy of the subject building. 14. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. Exhibit A Conditional Use Permit No. 91 18 Conditionti of Approval 15. The restaurant owner shall obtain a Cypress commencement of the business operation. 16. The applicant shall satisfy all necessary requirements Alcoholic Beverage Control prior to Conditional Use effective. Page 3 business license prior to of the State Department of Permit No. 91-18 becoming 17 Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 91 18 will require an amendment to the conditional use permit. 18. 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. 19 Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. 20. 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. 21. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 22. 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. 23. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 24. 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. 25. The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. 26. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 27 Compact parking space aisles shall be denoted as such on the asphalt as 'Compact Only 28. Parking for the handicapped shall be provided in accordance with State requirements. Exhibit A Page 4 Conditional Use Permit No. 91 18 Conditions of Approval 29 A detailed landscape and automatic irrigation plan shall be submitted to the Planning Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. 30. Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director. 31. A redwood landscape retainer, a minimum of two inches by six inches (2' x 6") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 32. All landscaped areas adjacent to a street right-of-way shall contain a 3 to 1 berm. 33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 34. 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. 35. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 36. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 37 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. 38. 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. 39 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. 40. 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. 41. 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. 42. Applicant/developer shall comply with applicable provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. Exhibit A Conditional Use Permit No. 91 18 Conditions of Approval Page 5 43. Applicant/developer shall comply with applicable provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 44. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. 45. 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. 46. Type 5 cement shall be used for all foundations and slabs on grade. 47 All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 48. A soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, gradin, paving, sulfate test and other pertinent information under good engineering practice. 49 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. 50. The proposed parking space located at the northwest corner of the subject property shall be changed to a landscape planter on the site plan and submitted to the Planning Department prior to issuance of building permits. 51. An additional three foot (3') wide landscape planter shall be constructed at the western perimeter of the east/west drive aisle. 52. The existing takeout restaurant shall not provide dine -in facilities. Effective 11/12/91