Resolution No. 5859231
RESOLUTION NO. 5859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-06 - 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 allow a fast -food
restaurant with drive -thru service and an outdoor seating area located at 10501 Knott Avenue 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 to provide convenience services, compatible with adjacent
neighborhood areas.
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 i`7 the vicinity in that:
(1) The proposed restaurant use with drive -t`iru service and outdoor
dining is conditionally permitted in the applicable CN Commercial Neighborhood
Zone and is consistent with the General Plan commercial land use designation.
(2) Sufficient onsite parking is provided to accommodate the proposed
drive -thru restaurant use.
(3) As conditioned, the proposed drive -thru restaurant with outdoor
dining would be compatible with surrounding commercial and residential land uses.
(4) Conditions of approval shall restrict the drive -thru and outdoor
seating area operations to prevent noise impact on adjacent residential 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. 2005 -06, subject to the conditions
attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 23rd day of May, 2005.
71/14
MAYOR OF THE CITY OF CYPRESS
ATTEST:
Y CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
232
I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CER'11NY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the
23rd day of May, 2005, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: McCoy, Seymore and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: Luebben and Sondhi
L
Y CI FRK OF THE CITY OF CYPRESS
233
EXHIBIT "A"
Conditional Use Permit No. 2005 -06
10501 Knott Avenue
CONDITIONS OF APPROVAL
Regular text denotes standard conditions of approval.
Bolded conditions represent those specific to this project and/or use.
Italics denote revised text.
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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
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. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. All applicable conditions of Conditional Use Permit No. 2005 -06 shall be complied with
prior to commencement of the business operation.
7. All business activity shall occur within the building. 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 •
234
Exhibit "A"
Conditional Use Permit No. 2005 -06
Conditions of Approval
Page 2
8. 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 Forty -Three Dollars ($43.00) 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.
9. 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
10. 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 eight -foot (8') tall block wall shall be provided along the entire length
of the south and west property lines, except within required driveway visibility areas.
The eight foot (8') height may be achieved by either extending the existing wall (in
accordance with Building Code requirements) or constructing a new wall. In the event an
adjacent property owner does not grant permission to remove an existing fence or wall to
construct a new 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 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. If a new wall is constructed along the portion of the southern
perimeter wall that abuts the sidewalk on the adjacent cul -de -sac, the new wall shall be
set one foot (1') inside the south property line of the project site to allow a landscape
buffer on the south side of the wall (to be maintained by the applicant/property owner
for anti - graffiti purposes).
11. 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.
• Community Development Department • Planning Division •
235
Exhibit "A"
Conditional Use Permit No. 2005 -06
Conditions of Approval
Page 3
12. 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.
13. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee against
any defects in plant materials and workmanship.
14. Standard National Pollution Discharge Elimination System ( NPDES) notes shall be
provided on the site plan. A copy of the notes can be obtained from the Cypress
Engineering Division. A copy of the site plan shall be kept on the job site at all times.
COMMUNITY DEVELOPMENT CONDITIONS
15. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -06 will require an amendment to the conditional use
permit.
16. 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.
17. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
18. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic or for the surrounding residential development.
All lighting, interior and exterior, shall be designed and located to minimize power
consumption and to confine direct illumination to the premises to avoid light and glare
impacts.
19. 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.
20. 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 Briggeman/Consolidated Disposal.
21. 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.
• Community Development Department • Planning Division •
236
Exhibit "A"
Conditional Use Permit No. 2005 -06
Conditions of Approval
Page 4
22. A comprehensive sign program for both 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. No signs shall
be permitted to encroach onto the public right -of -way. Upon reconstruction or
replacement of the support structure of the existing freestanding sign (which currently
encroaches approximately six inches (6 ") into the public right -of -way) the sign base shall
be relocated entirely onto the private property.
23. 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.
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. Temporary sign displays outside the building shall require the application and approval of a
temporary use permit from the Community Development Department.
26. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
27. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
28. 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.
29. 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.
30. 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.
31. 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.
• Community Development Department • Planning Division •
237
Exhibit "A"
Conditional Use Permit No. 2005 -06
Conditions of Approval
Page 5
32. 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.
33. The business hours of operation shall be limited from 7:00 a.m. to 12:00 midnight only.
34. The intercom speaker box for the drive -thru 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 10:00 a.m.
35. The audible portion of the menu board shall only operate between the hours of 10:00
AM and 10:00 PM.
36. The volume on the menu -board speaker shall be adjusted to the lowest setting
necessary for adequate communication.
37. The speaker used at the menu board shall be highly directional and aimed at the
vehicles.
38. The height of the menu board speaker shall be no more than 36 inches above the
elevation of the drive -thru lane.
39. The outdoor dining area shall be available for patron use only between the hours of
10:00 AM and 10:00 PM.
40. Recorded and live music shall not be permitted in the outdoor dining area.
41. Public address systems shall not be permitted in the outdoor dining area.
42. The outdoor dining area shall be restricted to the area indicated on the approved site
plan. The path of travel shall meet building code and fire code accessibility
requirements.
43. No outdoor play area shall be permitted on the subject property.
44. Any form of live entertainment as defined by Section 9 -1 of the Cypress City Code
shall be prohibited.
45. Any access door to the business premises facing the adjoining single - family residences
shall remain closed when not in use during all hours of business operation.
• Community Development Department • Planning Division •
238
Exhibit "A"
Conditional Use Permit No. 2005 -06
Conditions of Approval
Page 6
46. Employees who leave the restaurant site after 10:00 PM shall not be permitted to park
in the spaces adjacent to the residential property lines.
47. Late night or early morning deliveries shall be specifically prohibited. Truck deliveries
shall be limited to the daytime hours of 8:00 AM to 8:00 PM on Monday through
Saturday, and 9:00 AM to 8:00 PM, Sundays.
48. Delivery trucks shall not be permitted to idle on -site.
49. Delivery truck drivers shall be encouraged to minimize acceleration and maintain
reduced vehicle speed while on site.
50. Trash shall not be dumped into the outdoor trash bins between 10:00 PM and 10:00
AM.
51. Parking lot sweepers shall not be used at the site.
52. 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.
53. The fast -food drive- through restaurant shall be subject to administrative review by the
City Community Development Department and Police Department staff after three
(3), six (6), nine (9), and twelve (12) months from the effective date of this Conditional
Use Permit (5/9/05). The administrative review shall determine the business' level of
compliance with the existing conditions of approval, the business' compatibility with
surrounding commercial and residential uses, and whether activities on the site
warrant further conditions of approval, modifications to the existing conditions of
approval, or revocation of the Conditional Use Permit by the City Council. In the
event staff recommends City Council review /action, the Public Hearing shall be held at
the next available City Council meeting.
54. Should substantiated complaints be received, this Conditional Use Permit may be
modified and/or revoked, subject to a Public Hearing.
BUILDING CONDITIONS
55. Applicant/developer shall 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.
(Effective: 5 -23 -2005)
• Community Development Department • Planning Division •