Resolution No. 6006371
RESOLUTION NO. 6006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2007-03 - 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 the
installation of a 242 square -foot prefabricated building for a fast -food concession stand outside an
existing home improvement store (Home Depot) located at 5800 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 is in accord with the objectives
of the Zoning Ordinance and the purpose of the PC Zone in which the site is located, which
is:
Intended to provide opportunity for the design and development of
integrated, master - planned projects in areas of the City which may benefit
from special design standards and land uses not otherwise possible under
conventional zoning district regulations; and intended to permit a mix of land
uses, planned commercial developments and business parks, and a variety of
housing styles and densities.
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 concession stand use would be consistent with the
allowable uses in the CM Commercial Mixed Use District of the applicable Lincoln
Avenue Specific Plan and with the existing surrounding uses within the same
District and the PC Zone.
(2) The proposed concession stand use would be a compatible and
complimentary accessory use to the existing home improvement store primary use.
(3) As designed, the location of the proposed concession stand structure
would not block pedestrian, handicapped, or vehicular access to the existing home
improvement store.
(4) The majority of the patrons of the proposed concession stand would
primarily be customers of the existing home improvement store. Therefore, the
concession stand would not generate additional vehicle traffic or parking needs.
(5) The architectural design, materials, and colors of the proposed
concession stand structure are consistent and compatible with the existing home
improvement store building.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance as well as the development standards and design
guidelines of the applicable Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2007 -03, subject to the conditions
attached hereto as Exhibit "A ".
372
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 26th day of March, 2007.
MAYOR 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 said City Council held on the 26th
day of March, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ext.aug_.(r-v)
CITY CLERK OF THE CITY OF CYPRESS
373
EXHIBIT "A"
Conditional Use Permit No. 2007 -03
5800 Lincoln Avenue
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard conditions applied this type of project.
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 seg. - 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. The applicant/business owner shall obtain a Cypress business license prior to
commencement of the business operation.
7. All applicable conditions of Conditional Use Permit No. 2007 -03 shall be complied with
prior to occupancy of the subject building.
8. All business activity shall occur within the building, excepting cu stomers at the walk -up
service windows. Temporary use permits may be granted for outdoor activity in
accordance with Section 35, Division 10, of the Cypress Zoning Ordinance.
• Community Development Department • Planning Division •
374
Exhibit "A"
Conditional Use Permit No. 2007 -03
Conditions of Approval
Page 2
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
(STORMWATER QUALITY)
11. The proposed food service establishment has been designated as a "limited food service
establishment" in accordance with Cypress Municipal Code Section 13 -81 (c)(9) and is
thereby exempt from said fats, oils, and grease (FOG) control requirements. Said
operator /owner shall sign a self- certification statement affirming that said facility meets
the criteria of a limited food service establishment. Operator /owner also agrees that at
any time there is a change in the menu, food preparation process, or equipment, or when
an inspection by the City determines that the facility no longer falls under the category of
a limited food service establishment or if there are any sanitary sewer overflows that are
determined to be caused by the limited food service establishment, the food service
establishment will be subject to reclassification and required to install an in the ground
grease interceptor in accordance with the Cypress Municipal Code.
COMMUNITY DEVELOPMENT CONDITIONS
12. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
13. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2007 -03 will require an amendment to the conditional use
permit.
14. 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.
15. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
375
Exhibit "A"
Conditional Use Permit No. 2007 -03
Conditions of Approval
Page 3
16. 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.
17. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
18. 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.
19. The business shall provide an adequate number of trash receptacles onsite at locations
acceptable to City staff.
20. A sign plan for the concession stand building and freestanding monument signs shall be
submitted for Community Development Department approval prior to the installation of any
signs. 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.
21. 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.
22. 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.
23. All product and material storage shall occur within the building. Exterior storage is
specifically 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. 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 •
376
Exhibit "A"
Conditional Use Permit No. 2007 -03
Conditions of Approval
Page 4
received that the business hours are creating an adverse impact upon neighboring uses and
properties.
27. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
28. 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.
29. 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, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
BUILDING CONDITIONS
30. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2001 California Building, Plumbing, Electrical, and Mechanical Codes, the 2001
California Administrative Code, Title 24, and the Code of the City of Cypress.
31. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
32. Building plans shall be stamped by a licensed engineer.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
33. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system in the proposed food concession structure to the Fire
Chief for review and approval. Please contact the OCFA at (714) 573 -6100 to request a
copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems."
34. Prior to the issuance of a certificate of occupancy, this system shall be operational in a
manner meeting the approval of the Fire Chief.
Effective: 3 -26 -2007
• Community Development Department • Planning Division •