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HomeMy WebLinkAboutResolution No. 6345444 RESOLUTION NO. 6345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -07 - 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 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 fast food restaurant with on -sale beer and wine and outdoor patio area at an existing restaurant building located at 5123 Ball Road within the CN Commercial Neighborhood 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 amendment to the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the CN Commercial Neighborhood 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 amendment to 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 on -site sale of beer and wine for the new restaurant 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, 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 which include outdoor dining. (4) Conditions of approval shall restrict the restaurant use to prevent noise impacts on adjacent residential and public park properties. (5) Standard conditions of approval have been imposed to ensure compliance with the requirements of the Cypress City Code, the Department of ABC, and other applicable regulations. 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 Amendment to Conditional Use Permit No. 2010 -07, 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. 485 PASSED AND ADOPTED by the City Council `City of Cypress at a regular meeting held on the 14th day of January, 2013. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR 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 14th day of January, 2013, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Yarc, Johnson, Mills and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey CITY CLERK OF THE CITY OF CYPRESS 486 EXHIBIT "A" Amendment to Conditional Use Permit No. 2010 -07 5123 Ball Road CONDITIONS OF APPROVAL Bolded conditions represent those specific to this project. GENERAL CONDITIONS 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. 2. 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 (§ 21000 et sec . - 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. 3. 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. 4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 5. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Division shall be satisfied prior to commencement of the business operation. 6. The applicant shall obtain a Cypress business license prior to commencement of the business operation. • Community Development Department • Planning Division • 487 Exhibit "A" Amendment to Conditional Use Permit No. 2010 -07 Conditions of Approval Page 2 7. All applicable conditions of Amendment to Conditional Use Permit shall be complied with prior to occupancy of the subject building. 8. 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. 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. PUBLIC WORKS CONDITIONS Sewer 10. Applicant shall comply with Ordinance No. 1065 and apply for a Fats, Oils, and Grease Permit prior to issuance of final occupancy permit and business license. 11. Prior to certificate of occupancy, the applicant shall demonstrate that the business owner has properly trained their employees on the proper disposal of fats, oils and grease best management practices. Streets 12. 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. Water Quality 13. Prior to the issuance of building permits, the applicant shall submit a certified copy of the approved Final Non - Priority Plan along with the final approved Grading Plan and all other supporting documentation on a Compact Disc in digital file formats acceptable to the Assistant City Engineer. 14. 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 Non - Priority Plan (NPP) to control urban runoff. This project has been classified as a 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 Orange County (NPDES Permit) available at http:// www. ocwatershed .com/Documents /R84thterm.pdf. Said WQMP 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 • Community Development Department • Planning Division • 488 Exhibit "A" Amendment to Conditional Use Permit No. 2010 -07 Conditions of Approval Page 3 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 Non - Priority Plan does not guarantee approval of the Final Non - Priority Plan. 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 Public Works or Director of Community Development to the NPP. 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 NPP may then require approval of the Council of the revised site plan. Additionally, as required under the NPDES Permit, attention is directed that the NPP must identify a responsible party and implement funding sources for maintaining any treatment controls as required 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. 15. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the Engineering Division Manager, a Non - Priority Plan (NPP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. The applicant's NPP shall be in conformance with the Orange County Drainage Area Management Plan (DAMP), Model NPP, and Technical Guidance Manual for reference, and the City's WQMP template for submittal. This NPP 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 NPP 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. 16. Prior to the issuance of a certificate of use and 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: • Community Development Department • Planning Division • 489 Exhibit "A" Amendment to Conditional Use Permit No. 2010 -07 Conditions of Approval Page 4 Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved NPP 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 WQMP Submit for review and approval an Operations and Maintenance (O &M) Plan for all structural BMPs (the O &M Plan shall become an attachment to the NPP) Demonstrate that copies of the project's approved NPP (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 Use and Occupancy for the project to verify compliance with the approved NPP and O &M Plan Demonstrate that the applicant has RECORDED one of the following: 1. The CC &R's (that must include the approved NPP and O &M Plan) for the project's Home Owner's Association; 2. A water quality implementation agreement that has the approved NPP and O &M Plan attached; or 3. The final approved Non - Priority Plan (NPPP) and Operations and Maintenance (O &M) Plan. 17. 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 the issuance of a final certificate of occupancy. 18. 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. 19. 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 discharged from the enclosure. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection from the Public Works Department to ensure it meets the above mentioned criteria prior to the issuance of a final certificated of occupancy. COMMUNITY DEVELOPMENT CONDITIONS 20. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Amendment to Conditional Use Permit No. 2010 -07 becoming effective. 21. Any expansion or modification of the approved use beyond what is approved as part of Amendment to Conditional Use Permit No. 2010 -07 will require an amendment to the conditional use permit. • Community Development Department • Planning Division • 490 Exhibit "A" Amendment to Conditional Use Permit No. 2010 -07 Conditions of Approval Page 5 22. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. 23. This Amendment to Conditional Use Permit No. 2010 -07 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. 24. All alcoholic beverages must be consumed on the premises. The consumption of alcoholic beverages outside of the restaurant or outdoor patio area is strictly prohibited. 25. Architectural plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 26. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. 27. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 28. 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. 29. 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. 30. 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. 31. 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. 32. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 33. Any portable dining furniture from the outdoor patio area of the restaurant shall be brought indoors daily, upon closing the restaurant. 34. 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. • Community Development Department • Planning Division • 491 Exhibit "A" Amendment to Conditional Use Permit No. 2010 -07 Conditions of Approval 35. There shall be no advertising or signage on the patio canopy. Page 6 36. Deliveries shall comply with the noise provisions of Section 13 -68 of the Cypress City Code. 37. Should substantiated complaints be received, this Conditional Use Permit may be modified and/or revoked, subject to a public hearing. 38. 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. 39. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 40. Any type of advertisement is strictly prohibited on the awnings. 41. 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. 42. 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. 43. 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. In the event the material becomes faded or torn, the applicant/owner shall replace the material to the satisfaction of the Cypress planning division. BUILDING CONDITIONS 44. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California Administrative Code, Title 24, and the Code of the City of Cypress. Effective: 1 -14 -2013 • Community Development Department • Planning Division •