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Resolution No. 6216 291 RESOLUTION NO. 6216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING 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 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 restaurant within an existing single-story 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 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 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 is conditionally permitted in the applicable CN Commercial Neighborhood Zone and is consistent with the Cypress General Plan's commercial land use designation. (2) Sufficient onsite parking is provided to accommodate the proposed use within the existing shopping center. (3) As conditioned, the proposed use would be compatible with surrounding commercial, residential, and public recreational land uses. (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 Cypress City Code 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 Conditional Use Permit No. 2010-07, subject to the conditions attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council th City of Cypress at a regular meeting held on the 13th day of September, 2010. MAYOR OF THE CITY OF CYPRESS -1- 292 ATTEST: u L 'V 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 13th day of September, 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 A4Lax_ CITY CLERK OF THE CITY OF CYPRESS -2- 293 EXHIBIT "A" 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 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 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 • 294 Exhibit "A" Page 2 Conditional Use Permit No. 2010-07 Conditions of Approval 8. All applicable conditions of Conditional Use Permit No. 2010-07 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). FATS, OILS AND GREASE (FOG) CONTROL PROGRAM 13. The proposed restaurant shall to comply with the City's Fats, Oils, and Grease (FOG) Ordinance, including the installation of an in ground grease interceptor with minimum capacity of 750 gallons. 14. The restaurant shall be subject to compliance and inspections under the City's FOG Program. COMMUNITY DEVELOPMENT CONDITIONS 15. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2010-07 will require an amendment to the conditional use permit. 16. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. • Community Development Department •Planning Division • 295 Exhibit "A" Page 3 Conditional Use Permit No. 2010-07 Conditions of Approval 17. 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. 18. The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. Monday through Thursday and 6:00 a.m. to 11:00 p.m. Friday through Sunday. 19. 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. 20. 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. 21. 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. 22. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 23. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 24. 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. 25. 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. 26. Should substantiated complaints be received, this conditional use permit may be modified and/or revoked, subject to a public hearing. 27. Any form of live entertainment as defined by Section 9-1 of the Cypress City Code shall be prohibited. BUILDING CONDITIONS 28. 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 • 296 Exhibit "A" Page 4 Conditional Use Permit No. 2010-07 Conditions of Approval STORMWATER CONDITIONS 29. The restaurant establishment shall be subject to the City's National Pollutant Discharge Elimination System (N.P.D.E.S) Commercial/Industrial inspection program and shall implement all pertinent best management practices. 30. The restaurant establishment shall provide adequate trash and recycling receptacles for its customers. Effective: 9-13-2010 (Revised) • Community Development Department •Planning Division •