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HomeMy WebLinkAboutResolution No. 6302RESOLUTION NO. 6302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2012 -01 - 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 restaurant with indoor beer and wine sales, as well as outdoor dining, located at 6855- 6859 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 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) The proposed restaurant use with the sale of indoor beer and wine and outdoor dining 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 and with outdoor dining. (4) In accordance with the California Alcoholic Beverage Control Act, the City Council finds that "public convenience or necessity" would be served by the issuance of the proposed on -sale beer and wine license from the Department of Alcoholic Beverage Control (ABC). The ABC license, in conjunction with the proposed restaurant use at the subject location, would serve the Cypress Business Park area, which has a significant employee population that generates a demand for a variety of restaurants in the vicinity. 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 -01, subject to the conditions attached hereto as Exhibit "A ". 185 186 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of May, 2012. MA' ' OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 May, 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 rde-ict/ot__ CITY CLERK OF THE CITY OF CYPRESS 187 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2012-01 6855 -6859 Katella Avenue CONDITIONS OF APPROVAL Notes: 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 restaurant 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 -01 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 • 188 Exhibit "A" Conditional Use Permit No. 2012 -01 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. 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 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. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 2012 -01 becoming effective. 15. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2012 -01 will require an amendment to the conditional use permit. • Community Development Department • Planning Division • 189 Exhibit "A" Conditional Use Permit No. 2012 -01 Conditions of Approval Page 3 16. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. 17. 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. 18. Architectural plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 19. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. 20. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 21. 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. 22. 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. 23. 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. 24. 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. 25. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 26. Any portable dining furniture from the outdoor dining area of the restaurant shall be brought indoors daily, upon closing the restaurant. 27. 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 • Community Development Department • Planning Division • 190 Exhibit "A" Conditional Use Permit No. 2012 -01 Conditions of Approval Page 4 received that the business hours are creating an adverse impact upon neighboring properties. 28. Deliveries shall comply with the noise provisions of Section 13 -68 of the Cypress City Code. . 29. Should substantiated complaints be received, this Conditional Use Permit may be modified and/or revoked, subject to a public hearing. 30. 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 31. 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: 5/14/2012 • Community Development Department • Planning Division •