Resolution No. 6330RESOLUTION NO. 6330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2012 -05
- 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 fast food
restaurant with outdoor dining, located at 6931 Katella Avenue within the PC -1 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.
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 PC -1 Planned Community Business Park
Zone in which the site is located, which is:
Intended as an area for the development of modern industrial /commercial
development which meets the high performance and development
standards of the City.
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) Conditions of approval have been imposed to ensure compliance
with the Lusk - Cypress Industrial Park Specific Plan and the Cypress City Code.
(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) The proposed fast food restaurant use would be compatible with the
existing uses located within the shopping center.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and the Lusk - Cypress Industrial Park Specific
Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2012 -05, subject to the conditions
attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress t a re • - =r mee
F TH
held on the 27th day of August, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAY E Y 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
27th day of August, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
397
398
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2012-05
6931 Katella Avenue
CONDITIONS OF APPROVAL
Regular text denotes standard condition 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 seq. - 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 applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. All applicable conditions of Conditional Use Permit No. 2012 -05 shall be complied with
prior to commencement of the business operation.
7. 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.
• Community Development Department • Planning Division •
399
Exhibit "A"
Conditional Use Permit No. 2012 -05
Conditions of Approval
Page 2
8. 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.
FATS, OILS, AND GREASE (FOG) CONDITIONS
9. 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.
10. 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.
STORMWATER CONDITIONS— COMMERCIAL FACILITY
11. 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.
12. The applicant shall place sufficient trash receptacles outside the establishment to
collect trash generated by its patrons. No less than one receptacle shall be provided.
These receptacles shall be properly maintained and not allowed to overflow.
13. The applicant shall construct a 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 from the
Public Works Department to ensure it meets the above mentioned criteria prior to
the issuance of a final certificate of occupancy.
COMMUNITY DEVELOPMENT CONDITIONS
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -05 will require an amendment to the conditional use
permit.
15. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
• Community Development Department • Planning Division •
400
Exhibit "A"
Conditional Use Permit No. 2012 -05
Conditions of Approval
Page 3
16. 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.
17. Architectural plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits.
18. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
19. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
20. 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.
21. 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.
22. 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.
23. 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.
24. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
25. The use of "live entertainment ", as defined in the Cypress Municipal Code, is strictly
prohibited at this location.
26. 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.
27. Exterior building elevations shall be maintained in a safe and clean appearance such that the
buildings are free of broken, missing, significantly cracked, or peeling surface finished
materials.
• Community Development Department • Planning Division •
401
Exhibit "A"
Conditional Use Permit No. 2012 -05
Conditions of Approval
Page 4
28. The hours of operation for the restaurant shall be limited from 11:00 a.m. to 10:00 p.m.
seven (7) days a week.
29. 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.
30. Advertisement on the umbrellas is prohibited.
31. Deliveries shall comply with the noise provisions of Section 13 -68 of the Cypress City
Code.
32. The sale of alcohol at this establishment is strictly prohibited.
33. Should substantiated complaints be received, this Conditional Use Permit may be modified
and/or revoked, subject to a public hearing.
34. 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 CONDITIONS
35. 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: 8 -27 -2012
• Community Development Department • Planning Division •