Resolution No. 6493RESOLUTION NO. 6493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3013
- 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 Zoning Ordinance of the City of Cypress to allow
a 394 square -foot building expansion and the addition of onsite beer and wine sales for a
restaurant use located at 10015 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 as an area appropriate to serve the daily shopping needs of
the community, including larger community -scale shopping centers,
which may be anchored by department stores, large -scale retail
outlets, entertainment uses, hotels, and restaurants.
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 use expansion with the onsite sale of
indoor beer and wine is consistent and compatible with the other commercial
and restaurant uses currently located within the same commercial shopping
center.
(2) The commercial shopping center in which the subject
restaurant site is located contains adequate vehicle circulation and parking
to accommodate this restaurant use expansion, as proposed, in addition to
the other uses currently located within the same commercial shopping
center.
(3) Conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations for
restaurant uses serving alcoholic beverages.
(4) In accordance with the California Alcoholic Beverage Control
Act, the City Council finds that the applicable census tract is not an area of
undue concentration of on -sale type licenses from the Department of
Alcoholic Beverage Control (ABC). Therefore, a finding of "public
convenience or necessity" is not required.
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 Conditional Use Permit No. 3013, 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.
299
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular 300
meeting held on the 23rd day of February, 2015.
ATTEST:
NeUtA-OL 17)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR 0 H 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 23`d day of February, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3013
10015 Valley View Street
(Wing Stop Restaurant)
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. 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)
1.5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.6. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.7. 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)
• Community Development Department • Planning Division •
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302
Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 2
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.3. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.4. 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. 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. 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. Temporary
signage shall comply with the Cypress Zoning Ordinance, Section 3.15.110.E.4 and
Sections 3.15.110.F.1 -F.11, respectively. (Planning)
4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning)
• Community Development Department • Planning Division •
303
Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 3
4.3. 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
5.1. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. 24 -hour deliveries shall be permitted subject to the following restrictions: a)
deliveries between 10:00 p.m. and 7:00 a.m. shall be conducted through the front
door, with the delivery truck parked in the front parking lot; and b) deliveries shall
comply with the noise provisions of Section 13 -68 of the Cypress City Code.
(Planning)
6.2. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically 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 hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
7. Property Maintenance
7.1. 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)
7.2. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.3. 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)
• Community Development Department • Planning Division •
304
Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
8. Fees
Page 4
8.1. Prior to issuance of grading or building permits, whichever comes first, or as noted below,
the applicant shall pay for the following fees per Resolution No. 6118, except as otherwise
noted below. (Engineering)
City -wide Traffic Improvement
Regional Traffic Improvement
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09)
Grading / On -Site (Non- Structural) Plan Check (Prior to Submittal of Grading Plans)
- Grading Permit and Inspection (Prior to Permit Issuance) (B &S)
Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
Public Improvement Plan Check (Prior to Submittal of Plans)
Public Improvement 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. Prior to issuance of certificate of occupancy, 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. (Water Quality)
11.2. Prior to certificate of occupancy, the applicant shall obtain a Fats, Oils, and Grease (FOG)
permit from the Community Development Department and 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
• Community Development Department • Planning Division •
305
Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
14. Streets
Page 5
14.1. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, 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. Prior to the issuance of building permits, the applicant shall submit a certified copy of
the approved Final Non - Priority Project Water Quality Management Plan (NPPWQMP)
and all other supporting documentation on a Compact Disc in digital file format
acceptable to the Engineering Division Manager. (Engineering, Water Quality)
19.2. The applicant is directed to Chapter 12 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a NPPWQMP to control
urban runoff This project has been classified as a non - priority project under Section XII
New Development (Including Significant Redevelopment) Order No. R8- 2009 -0030 of
the Waste Discharge Requirements of the California Regional Water Quality Control
Board, Santa Ana Region for the cities within County of Orange (NPDES Permit)
available at http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said NPPWQMP
shall include best management practices for source control, pollution prevention, site
design, and low impact development as well as structural treatment controls among
many factors. Site design for controlling urban runoff must first evaluate infiltration,
then harvest and water re -use, then evapotranspiration and only bio- treatment if the other
three are not feasible. Submittal and subsequent approval of the Preliminary
NPPWQMP does not guarantee approval of the Final NPPWQMP. Should the final
calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the NPPWQMP. The aforementioned
documents are available for download at http: // www.ocwatersheds.com /WQMP.aspx.
Any significant alteration to the site plan due to the Final WQMP may then require
approval of the Council of the revised site plan. Additionally, as required under the
NPDES Permit, attention is directed that the NPPWQMP must identify a responsible
party and implement funding sources for maintaining any treatment controls as required
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 6
as part of the development and must ensure that appropriate easements and ownerships
are properly recorded in public records and access is made available for inspection of
said devices. (Engineering, Water Quality)
19.3 Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the Engineering Division Manager, the applicant shall clean any public
storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division
Manager has determined have been impacted by the applicant's construction. If clean -up
is not performed, the City may make arrangements to clean the system at developer's
expense. (Engineering, Water Quality)
Prior to the issuance of a building permit, the applicant shall submit for review and
approval by the Engineering Division Manager, a NPPWQMP specifically identifying
Best Management Practices (BMPs) that will be used onsite to control predictable
pollutant runoff. The applicant's NPPWQMP shall be in conformance with the Orange
County Drainage Area Management Plan (DAMP), Model WQMP, and Technical
Guidance Manual for reference, and the City's NPPWQMP template for submittal. This
NPPWQMP shall include the following:
Detailed site and project description
Potential stormwater pollutants
Post - development drainage characteristics
Low Impact Development (LID) BMP selection and analysis
Structural and Non - Structural source control BMPs
Site design and drainage plan (BMP Exhibit)
GIS coordinates for all LID and Treatment Control BMPs
Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
The BMP Exhibit from the approved NPPWQMP shall be included as a sheet in all plan
sets submitted for plan check and all BMPs shall be depicted on these plans. Grading
and building plans must be consistent with the approved BMP exhibit. (Engineering,
Water Quality)
19.4. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the Engineering Division Manager and Water Quality Manager,
including:
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Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 7
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved NPPWQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
- Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's NPPWQMP
- Submit for review and approval an O &M Plan for all structural BMPs (the
O &M Plan shall become an attachment to the NPPWQMP)
Demonstrate that copies of the project's approved NPPWQMP (with attached
O &M Plan) are available for each of the initial occupants
- Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved NPPWQMP and O &M Plan
Demonstrate that the applicant has RECORDED one of the following:
•
A water quality implementation agreement that has the approved
NPPWQMP and O &M Plan attached; or
The final approved NPPWQMP and O &M Plan. (Engineering,
Water Quality)
19.5. Prior to the issuance of a building permit, the applicant shall submit an Erosion and
Sediment Control Plan (ESCP) in a manner meeting approval of the Engineering
Division Manager and the Building Official, to demonstrate compliance with the City's
NPDES Implementation Program and State water quality regulations for grading and
construction activities. The ESCP shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to prevent transport into local drainage
ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP
shall also describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right -of -ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the
Building or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality)
19.6. 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 Community
Development Department, prior to the issuance of a final certificate of occupancy.
(Engineering, Water Quality)
19.7. 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)
• Community Development Department • Planning Division •
308
Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 8
19.8. 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. In addition, a floor drain connected to the sanitary sewer shall be installed
inside of the trash enclosure. The applicant shall obtain all required permits from the
Building Department for construction and also obtain final inspection from the
Community Development Department to ensure it meets the above mentioned criteria
prior to the issuance of a final certificate of occupancy. (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
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 final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.6. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security
21.1. The property address shall be clearly identified on both sides of the freestanding sign
base. A minimum of six -inch (6 ") lettering shall be used for the property address. The
property address shall also be posted in a visible location on the building. (Police
Department.)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 9
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)
22. Antennas N/A
23. Alcohol — On Sale
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
23.2. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:30 a.m. to 12:00 midnight seven days a week. (Police Department)
23.3. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.4. The rear door(s) shall be kept closed at all times during the operation of the premises except
in cases of emergency and to permit deliveries. Said door(s) not to consist solely of a
screen door or ventilated security door. (Police Department)
23.5. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee. (Police Department)
23.6. The consumption of alcoholic beverages shall be restricted to the indoor seating area of the
restaurant only. Signs shall be posted at the ordering counter and on both sides of all exits
of the premises which prohibit alcoholic beverages from leaving the confines of the
premises. (Police Department)
23.7. At any time when the licensee(s) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries.
(Police Department)
23.8. The use of any amplifying system, outdoor sound system, loudspeakers, paging system or
any other such device is prohibited on the licensed premises. (Police Department)
23.9. There shall be no special promotional events held on the property, unless a written request
for such is received and approved by the City of Cypress Director of Community
Development and the Police Department at least two weeks prior to the event. (Police
Department)
23.10. All employees of the business who sell or serve alcoholic beverage products shall be
required to complete a training program in alcoholic beverage compliance. (Police
Department)
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Exhibit "A"
Conditional Use Permit No. 3013
Conditions of Approval
Page 10
23.11. All signage on the business and within the business that is visible to the exterior shall
comply with Cypress Municipal Code Sign Regulations. (Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 2 -23 -2015
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
• Community Development Department • Planning Division •