Resolution No. 6410310
RESOLUTION NO. 6410
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2014 -03
- 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 4.19.070 of the Cypress Zoning Ordinance of the City of Cypress
to operate a restaurant (The Habit Burger Grill) with outdoor dining located at 6830 Katella
Avenue, Suite A, in the PC -4 Planned Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law. At the public hearing held on March 24, 2014, the
City Council considered the staff report and all information, testimony, evidence, and
written comments presented during the public review period and at the public hearing.
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 and intent of the PC -4 Planned
Community Business Park Zone in which the site is located, which is:
Intended as an area for the development of a mix of business
park, commercial, and office uses.
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 types of uses
permitted within the Warland /Cypress Business Center
Specific Plan.
(2) Adequate onsite parking will be provided for the proposed
restaurant use.
(3)
(4)
(5)
(6)
The proposed restaurant use has been adequately
conditioned to ensure compatibility with the surrounding
commercial uses.
Conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable
regulations.
The proposed location of the conditional use is consistent with
the requirement of the General Plan and the Zoning District in
which the site is located.
The proposed location of the conditional use and the
conditions under which it would be operated or maintained
would not be detrimental to the public health, safety, or
general welfare, nor would be materially injurious to properties
or improvements in the vicinity.
(7) The proposed conditional use would comply with all applicable
provisions of this Zoning Ordinance.
c. The proposed restaurant, as conditioned, will comply with each of the
applicable provisions of the Warland /Cypress Business Center Specific Plan.
311
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2014 -03, subject to the
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.
PASSED AND ADOPTED by the City Council
meeting held on the 24th day of March, 2014.
f the City of ypress at a regular
MAYO
ATTEST:
atasain
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
F 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 24th day of March, 2014, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Narain
CITY CLERK OF THE CITY OF CYPRESS
312
EXHIBIT "A"
Conditional Use Permit No. 2014 -03
6830 Katella Avenue
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'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
313
Exhibit "A"
Conditional Use Permit No. 2014 -03
Conditions of Approval
Page 2
1.7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.9. 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. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress
Zoning Ordinance. (Planning)
2.3. 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)
3. Architectural
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. (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. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Consolidated Disposal Services. (Planning)
• Community Development Department • Planning Division •
314
Exhibit "A"
Conditional Use Permit No. 2014 -03
Conditions of Approval
4. Signage
Page 3
4.1. 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 conduit, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping N/A
6. Operational
6.1. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.2. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.3. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.4. The City Council shall maintain the right to review the business 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. (Planning)
6.5. The use of "live entertainment ", as defined in the Cypress Municipal Code, is strictly
prohibited. (Planning)
6.6. The proposed public hours of operation would be from 10:00 a.m. to 11:00 p.m. seven
days a week. The restaurant would be available for employees only between the hours
of 8:00 a.m. to 10:00 a.m. for daily preparation and 11:00 p.m. to 2:00 a.m. for
restaurant clean -up. (Planning)
6.7. The sale of alcoholic beverages is strictly prohibited. (Planning)
6.8. Prior to the sale of alcohol, an amendment to this conditional use permit is required.
(Planning)
7. Property Maintenance
7.1. 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 graffiti which threatens the appearance. (Planning)
• Community Development Department • Planning Division •
315
Exhibit "A"
Conditional Use Permit No. 2014 -03
Conditions of Approval
Page 4
7.2. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted use are to be stored solely in designated trash
enclosures. (Planning)
7.3. Exterior building elevations shall be maintained in a safe appearance such that the building
is free of broken, missing or significantly cracked surface finished materials. (Planning)
7.4. The property owner /applicant shall maintain the site, the publically accessible interior, and
publically viewable exterior of the building 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)
7.5. Upon expiration or termination of the tenant's lease term, the tenant or property owner shall
remove all wall signs, patch the canopy and fascia, and paint the patched area to match the
surrounding wall fascia. This painted area shall constitute the entire wall of the tenant
space or entire building if there are no screed lines or architectural projections to provide a
clear line of demarcation. (Planning)
8. Fees
8.1. 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. The applicant, as required by Ordinance No. 1065 for Food Service Establishments, shall
install a grease control device that meets the requirements of Uniform Plumbing Code
Section 1014.0 (Appendix H) and conforms to the minimum requirements as specified in
City of Cypress Standard Plan No. 299, Sand/Oil Separator & Grease Interceptor with
Sample Box. The applicant shall prepare and submit plans to the City and County of
Orange Health Care Agency for review and approval. Prior to issuance of a business
license, the applicant will be required to obtain a Fats, Oil, and Grease Permit. (Water
Quality)
• Community Development Department • Planning Division •
316
Exhibit "A"
Conditional Use Permit No. 2014 -03
Conditions of Approval
Page 5
11.2. The applicant shall demonstrate that the business owner has properly trained their
employees on the proper disposal of fats, oil, and grease (FOG) best management practices
and obtain a FOG permit. (Water Quality)
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to occupancy, the applicant shall remove and replace any existing public
improvements at the development site which are damaged due to construction, to the
satisfaction of the Engineering Division Manager. (Engineering)
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 be subject to all requirements of Section 13 -29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial /industrial stormwater discharge permit from the Public Works
Department, prior to occupancy. (Engineering, Water Quality)
19.2. 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)
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)
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
• Community Development Department • Planning Division •
317
Exhibit "A"
Conditional Use Permit No. 2014 -03
Conditions of Approval
Page 6
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. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained from the Public Works Department. (Building &
Safety)
21. Security N/A
22. Antennas N/A
23. Alcohol N/A
24. Alcohol — On Sale General N/A
25. Alcohol — Off Sale Beer & Wine N/A
26. Fire - Residential N/A
27. Fire - Commercial N/A
Effective: 3-24-14
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
• Community Development Department • Planning Division •
318
Exhibit "A"
Conditional Use Permit No. 2014 -03
Conditions of Approval
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol
24. Alcohol — On Sale General
25. Alcohol — Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 7
• Community Development Department • Planning Division •