Resolution No. 6271RESOLUTION NO. 6271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2011 -06
- 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
establish a fast food Mexican Restaurant located at 6178 Lincoln Avenue within the PC
Planned Community Zone and the CV Campus Village District of the Lincoln Avenue
Specific Plan.
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 Planned Community
Zone in which the site is located, which is:
Intended to provide the opportunity for design and development of
integrated master - planned projects in areas of the City which may
benefit from special design standards to permit a compatible mix of
land 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 fast food restaurant use is consistent with the
zoning and the General Plan land use designation of the PC Planned
Community Zone.
(2) The proposed project would provide sufficient onsite parking to
accommodate the fast food Mexican Restaurant.
(3) 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
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. 2011 -06, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Coun ' it o he City of Cypress at a regular
meeting held on the 28th day of November, 2011.
THE CITY OF CYPRESS
482
ATTEST:
ifOLtax
I
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
483
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 28th day of November, 2011, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
leccox
CITY CLERK OF THE CITY OF CYPRESS
484
EXHIBIT "A"
Conditional Use Permit No. 2011 -06
6178 Lincoln Avenue
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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
485
Exhibit "A"
Conditional Use Permit No. 201 1-06
Conditions of Approval
Page 2
8. All applicable conditions of Conditional Use Permit No. 2011 -06 shall be complied with
prior to occupancy of the subject building.
9. Temporary sign displays outside the building shall require the application and approval of a
temporary use permit from the Community Development Department.
10. 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.
11. 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.
ENGINEERING CONDITIONS
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution No.
6118, except as otherwise noted below):
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
STORMWATER CONDITIONS
13. Existing trash enclosure must have a canopy installed to protect from stormwater. This includes
installation of a drainage inlet with a connection to the sanitary sewer line. The trash enclosure
shall have a rolled berm at the base of the enclosure doors.
14. Sufficient trash receptacles shall be installed on site for disposal of trash by customers. These
receptacles shall be emptied regularly by restaurant employees and efforts shall be made to
remove any litter that is released on the restaurant property.
15. Restaurant grounds shall be swept on a regular basis by restaurant employees and ensure removal
of all litter. At no time is washing down of hardscape areas permitted. Washing of any restaurant
equipment is not permitted outdoors including, but not limited to, floor mats, cooking equipment,
etc. Outdoor storage of receptacles containing any cooking products, cleaning materials, or
restaurant equipment is not permitted. Any storage drums shall be stored in self - containment
systems inside of building.
• Community Development Department • Planning Division •
486
Exhibit "A"
Conditional Use Permit No. 2011 -06
Conditions of Approval
FATS, OILS AND GREASE (FOG) CONTROL PROGRAM
Page 3
16. Food Service Establishments shall be subject to all requirements of the City's Fats, Oils, and
Grease (FOG) program pursuant to Ordinance No. 1065 of the Cypress Municipal Code.
17. An in- the - ground grease interceptor shall be installed in accordance with City of Cypress
Standard Plan No. 299.
18. Food Service Establishments shall obtain a Fats, Oils, and Grease (FOG) Permit and be subject to
compliance with the FOG Grease Device Inspection Program and Kitchen Best Management
Practice (BMP) Inspection Program.
19. Food grinders shall not be permitted at the restaurant pursuant to Ordinance No. 1065 of the
Cypress Municipal Code.
COMMUNITY DEVELOPMENT CONDITIONS
20. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2011 -06 will require an amendment to the conditional use
permit.
21. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
22. The sale of alcoholic beverages at this location shall be prohibited. Prior to any sale of
alcoholic beverages at this facility, an amendment to the conditional use permit shall
be requested and obtained from the City.
23. The hours of operation shall be limited to 7:00 a.m. to 11:00 p.m. seven days a week.
24. 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.
25. 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.
26. Any proposed signage on the building shall be approved by the Planning Department and
shall be in accordance with the shopping center's sign program.
27. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
• Community Development Department • Planning Division •
487
Exhibit "A"
Conditional Use Permit No. 2011 -06
Conditions of Approval
Page 4
28. Outside public address speakers, telephone bells, bi»zers and similar devices which are
audible on adjoining properties are hereby prohibited.
29. 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.
30. 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.
31. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
32. Any form of live entertainment as defined by Section 9 -1 of the Cypress City Code
shall be prohibited.
BUILDING CONDITIONS
33. 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.
34. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans. In lieu of microfilm, the applicant can provide
plans on CD rom with self - loading software or other format approved by the building
official.
Effective: 11 -28 -2011
• Community Development Department • Planning Division •