Loading...
Resolution No. 6180 RESOLUTION NO. 6180 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO.2009-07- 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 a conditional use permit in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to construct a 2,501 square foot Jack in the Box Restaurant with drive-through located at 4901 Lincoln Avenue within the PC Planned Community 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 permit 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 a wide range of commercial uses including a wide variety of retail uses, restaurants, offices, personal services and multi-family uses. b. The proposed location of the conditional use permit 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 drive-through restaurant use is incompliance with the conditionally permitted uses allowed in the PC Planned Community Zone. (2) The proposed project design would provide sufficient onsite parking to accommodate the proposed restaurant. c. The proposed conditional use permit 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. 2009-07, subject to the conditions attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council of the C f Cypress at a regular meeting held on the 8th day of February, 2010. MAYOR OF THE CITY OF CYPRESS ATTEST: 01- ,a-iV 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 8th day of February, 2010, 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 0.14-LJe_ 6,,oety) CITY CLERK OF THE CITY OF CYPRESS 172 EXHIBIT "A" Conditional Use Permit No.2009-07 4901 Lincoln Avenue CONDITIONS OF APPROVAL *Denotes Mitigation Measures 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. • Community Development Department •Planning Division • 173 Exhibit "A" Page 2 Conditional Use Permit No. 2009-07 Conditions of Approval 7. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 8. All applicable conditions of Conditional Use Permit No. 2009-07 shall be complied with prior to occupancy of the subject building. 9. 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. 10. 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 11. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 12. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on Mylar, signed by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark shall be submitted for approval. Topography of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street shall be by means of an under-sidewalk drain. Onsite landscape areas shall have a slope gradient of one percent (1%) minimum in landscape areas. In parking areas, AC shall have a minimum slope gradient of one and one-half percent (1.5%) or as approved by the City Engineer, and concrete shall have a minimum slope gradient of two-tenths percent. (.2%). 13. Where an existing block wall is removed, the developer shall provide suitable temporary fencing for all adjacent properties during construction of the perimeter walls. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve inches (12"). A six-inch (6") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. A single block wall shall be provided along the west property lines. In the event an adjacent property owner does not grant permission to remove an existing fence or wall, the developer shall obtain and submit to the City, a written denial of the adjacent property owner, or other evidence that demonstrates that the developer used best efforts but was • Community Development Department•Planning Division • 174 Exhibit"A" Page 3 Conditional Use Permit No. 2009-07 Conditions of Approval unable to obtain the adjacent owners consent to remove the existing wall. If a new wall is to be constructed adjacent to an existing block wall, a maximum separation of one inch (1") shall occur between the existing and the newly constructed wall. The one inch (1") separation shall be filled with foam or similar sealing material subject to approval by the City. Vertical grade separation shall not exceed two feet (2') between two adjacent , properties. 14. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code #22658, to the satisfaction of the Building Official and County Fire Marshal. The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval of the City Engineer. 15. Disabled access facilities shall be installed in accordance with the requirements of the Federal Americans with Disabilities Act(ADA)and State of California Title 24. 16. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 17. Lincoln Avenue shall be fully improved with new drive approaches in accordance with the City's Code requirement of Streets. 18. On local streets, structural sections shall be based on the recommendation of a soils report prepared by an engineering firm acceptable to the City Engineer. Street structural sections shall be determined by using an applicable T.I. (Traffic Index) but shall be not less than 3" A.C. over 6" A.B. The minimum flow line grade in streets shall be two-tenths percent (0.20%), and the minimum A.C. cross fall shall be two percent(2%). • 19. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Lincoln Avenue. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 20. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1")continuous A.C. cap. 21. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connected to existing buildings at the property shall be plugged at the property line. • Community Development Department •Planning Division • 175 Exhibit "A" Page 4 Conditional Use Permit No. 2009-07 Conditions of Approval 22. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution No. 6118,except as otherwise noted below): • Public Improvement Plan Check. • Public Improvement Permit and Inspection. • Grading/On-Site (Non-Structural)Plan Check. • Grading Permit and Inspection. • Drainage Fee for Master Drainage Plan. • City-wide Traffic Improvement. • Regional Traffic Improvement. • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09). 23. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans, Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36" Mylar with City title block on all sheets. STORMWATER QUALITY 24. Developer/Property owner shall submit a Storm Water Pollution Prevention Plan to the Engineering Department. 25. Developer/Property owner shall submit a Water Quality Management Plan, which identifies construction and post construction Best Management Practices (BMP's), to the Engineering Division for review and approval. The project shall also incorporate measures as specified in the NPDES Permit, in the County of Orange Drainage Area Management Plan (DAMP), and the Cypress Local Implementation Plan to help control runoff. Examples of BMP's and control measures are included in the California Storm Water Best Management Practices Handbook, Industrial/Commercial and Construction Activity, the County of Orange Drainage Area Management Plan, and Cypress Local Implementation Plan. 26. Prior to issuance of permits, a certified copy of the final WQMP, along with the approved grading plan, and all other supporting documentation shall be submitted in electronic format on a CD. 27. Prior to issuance of a Certificate of Occupancy, the developer shall clean the storm drain system, catch basins, filter, storm drain lines, inlet boxes, etc. If clean-up is not performed, the City may make arrangements to clean the system at developer's expense. • Community Development Department •Planning Division • • 176 Exhibit"A" Page 5 Conditional Use Permit No. 2009-07 Conditions of Approval COMMUNITY DEVELOPMENT CONDITIONS 28. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 29. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2009-07 will require an amendment to the conditional use permit. 30. 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. 31. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 32. 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. 33. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic or at the adjacent mobile home dwelling units. All lighting interior or exterior, shall be designed and located to minimize power consumption and to confine direct illumination to the premises to avoid light and glare impacts. 34. Internal house shields shall be provided on all light fixtures to maintain appropriate illumination levels within the project site and minimize light spill on adjacent properties. 35. 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. 36. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director and shall be adequately screened from view with plant materials. 37. Late night or early morning deliveries shall be specifically prohibited. Truck deliveries shall be limited to the daytime hours of 9:00 a.m. to 8:00 p.m. on Monday through Saturday, and 9:00 a.m. to 7:00 p.m. on Sundays. • Community Development Department•Planning Division • 177 Exhibit "A" Page 6 Conditional Use Permit No. 2009-07 Conditions of Approval 38. 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. 39. A cover shall be constructed over the trash enclosure in accordance with State of California/City of Cypress NPDES requirements. A drain into the sewer shall be provided within the enclosure to capture excess runoff resulting from food waste which may spill out of the trash container(s). 40. The City Council shall maintain the right to review the restaurant's hours of operation and may, subject to a public hearing, further limit the business hours should substantiated complaints be received that the business hours are creating an adverse impact upon neighboring properties. 41. The business hours of operation shall be limited from 6:00 a.m. to 12:00 a.m. Sunday through Thursday, 6:00 a.m. to 2:00 a.m. Friday and Saturday, and 6:00 a.m. to 2:00 a.m. daily for the drive-through service window. 42. The intercom speaker box for the drive-through restaurant shall be located and equipped with a noise attenuation device to the satisfaction of City staff, so that noise shall not be directed toward adjoining residential properties. The menu board shall be provided with a video read out or similar silent menu option and shall become silent between 10:00 p.m. and 2:00 a.m. seven days a week and shall not be in operation between the hours of 2:00 a.m.and 6:00 a.m. 43. The audible portion of the menu board shall only operate between the hours of 9:00 a.m. and 10:00 p.m. 44. The volume on the menu board speaker shall be adjusted to the lowest setting necessary for adequate communication. 45. The speaker used at the menu board shall be highly directional and aimed at the vehicles. 46. The height of the menu board speaker shall be no more than 36 inches above the elevation of the drive-through lane. 47. Recorded and live music shall not be permitted outside of the building. 48. Public address systems shall not be permitted outside of the building. 49. No outdoor play area shall be permitted on the subject property. • Community Development Department • Planning Division • 178 Exhibit"A" Page 7 Conditional Use Permit No. 2009-07 Conditions of Approval 50. Any form of live entertainment as defined by Section 9-1 of the Cypress City Code shall be prohibited. 51. Delivery trucks shall not be permitted to idle on-site. 52. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speed while on site. 53. All delivery trucks shall be required to have properly maintained, factory-approved mufflers. 54. Trash pickups shall not occur before 8:00 a.m. or after 7:00 p.m. 55. Trash shall not be dumped into the outdoor trash bins between 8:00 p.m. and 9:00 a.m. 56. Parking lot sweepers shall not be used at the site. 57. Except as otherwise prohibited by other conditions or City Codes, mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, and blowers. The use of such devices for such purposes is prohibited at all other times. 58. An eight foot (8') high split-face concrete block wall shall be constructed along the entire west property line of the commercial center site. 59. Should substantiated complaints be received, this Conditional Use Permit may be modified and/or revoked, subject to a public hearing. 60. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 61. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties shall be prohibited. 62. 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. 63. 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. •Community Development Department •Planning Division • 179 Exhibit "A" Page 8 Conditional Use Permit No. 2009-07 Conditions of Approval 64. The drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjoining public right-of- way and parking lots. 65. 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. 66. 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. 67. 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. 68. All rooftop and exterior mechanical equipment for the project shall be selected and installed so as to comply with the City's noise ordinance standards at the nearest residential property lines. This may require the selection of quieter equipment and the use of partial enclosures around certain equipment items. The need for, and design of, such enclosures shall be determined as part of the final engineering design of the project. 69. No commercial activities shall be performed outside the confines of the buildings. 70. Temporary sign displays outside the building shall require the application and approval of a temporary use permit from the Community Development Department. 71. 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 conduit, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. BUILDING CONDITIONS 72. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007 California Administrative Code,Title 24, and the Code of the City of Cypress. • Community Development Department•Planning Division • 180 Exhibit "A" Page 9 Conditional Use Permit No. 2009-07 Conditions of Approval 73. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 74. Type 5 cement shall be used for all foundations and slabs on grade. 75. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 76. A soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test and other pertinent information under good engineering practice. 77. Construction bins for non-recyclable and recyclable materials generated from any construction site (residential and non-residential) must be placed "on site" out of the public right-of-way unless a permit is obtained from the Public Works Department. 78. 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. 79. Building plans shall be stamped by a licensed engineer. FIRE AUTHORITY CONDITIONS - COMMERCIAL 80. Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of the proposed structure. The applicant may contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access". 81. Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. 82. The failure to document deficiencies during this review shall not be held to permit or approve the violation of any law. Effective: 2-8-2010 (Revised) • Community Development Department •Planning Division •