Resolution No. 5207420
RESOLUTION NO. 5207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2000 -4 - 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 Design Review Committee Permit in
accordance with the provisions of Section 35.157 of the Zoning Ordinance of the City of Cypress
to allow the construction of a new 2,592 square -foot modular restaurant building located at 4961
Katella Avenue, within the PS Public and Semi - public Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on February 10, 2000.
3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
February 28, 2000, during a public meeting of the City Council.
4. That in accordance with Section 35.161 of the Cypress Zoning Ordinance, the
effective date of the Design Review Committee's decision to approve this project shall be the date
of acceptance by the City Council, and upon receipt by the Community Development Department
of an agreement to any conditions of approval signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of the
Zoning Ordinance and the purpose and intent of the PS Public and Semi - public Zone in which the
site is located, which is:
Intended as an area reserved and developed for public uses other than
street rights -of -way, to provide for expansion of their operations or change
in use, and to identify and preserve areas of historic and community
significance for the enjoyment of future generations.
b. The proposed location of the project 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 subject modular building design is compatible and consistent
with the existing buildings at the race course facility, including size and exterior
building materials and color.
(2) The subject modular restaurant building is compatible with
surrounding golf course, church, and business park properties within the PS
Public and Semi - public and PBP -25A Planned Business Park Zones.
c. The proposed project, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance and the Cypress Business and
Professional Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 2000 -4, 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 28th day of February 2000.
YOR OF THE CITY OF CY
SS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
421
I, LILLIAN M. HAINA, 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 February 2000, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
-14„
CITY CLERK OF THE CITY OF CYPRESS
422
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2000 -4
4961 Katella Avenue
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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 se q. - 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.
2. 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.
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 applicable conditions of Design Review Committee Permit No. 2000 -4 shall be
complied with prior to occupancy of the subject building.
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 2000 -4
Conditions of Approval
Page 2
6. 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 Thirty -Eight Dollars ($38.00) 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.
ENGINEERING CONDITIONS
7. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
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 by
the City Engineer. A 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 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 %).
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• City -wide Traffic Improvement (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD -09).
• Grading Plan Check and Permit (Per Resolution 5069).
• All applicable Building Division fees.
• Traffic Mitigation Contribution for Race Track Property per Agreement with the City of
Los Alamitos.
COMMUNITY DEVELOPMENT CONDITIONS
9. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
10. Alcoholic beverages shall not be served at this restaurant. Sale of alcoholic beverages at
this restaurant would require prior approval of a conditional use permit and the satisfaction
of all necessary requirements of the State Department of Alcoholic Beverage Control.
• Community Development Department • Planning Division •
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Exhibit "A" Page 3
Design Review Committee Permit No. 2000 -4
Conditions of Approval
11. Any expansion or modification of the approved restaurant design or use beyond what is
approved as part of Design Review Committee Permit No. 2000 -4 will require an
amendment to the Design Review Committee Permit, and may possibly require a
conditional use permit.
12. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
13. 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.
14. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
15. 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.
16. 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 Disposal.
17. Accent landscape materials shall be provided around the modular building, to either
be installed in the surrounding dirt area or in large pots placed on the hardscape area
around the building. A site plan showing the location and type of such landscape
materials shall be submitted to the Community Development Department for review and
approval prior to issuance of a Certificate of Occupancy. In addition, a bond shall be posted
with the Public Works Department to guarantee against defects in plant materials and
workmanship.
18. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
19. 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.
20. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
21. 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.
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Exhibit "A"
Design Review Committee Permit No. 2000 -4
Conditions of Approval
Page 4
22. 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.
23. 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 received that the business hours are creating an adverse impact upon neighboring
properties.
24. 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.
25. Upon start of restaurant operations at the new modular building, the restaurant operations at
the existing employee /groom/owner cafeteria building shall cease and be converted to
maintenance office /storage use.
BUILDING CONDITIONS
26. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
27. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
28. 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.
29. Type 5 cement shall be used for all foundations and slabs on grade.
30. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
31. 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.
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Exhibit "A"
Design Review Committee Permit No. 2000 -4
Conditions of Approval
Page 5
32. The Developer shall pay to the City of Los Alamitos, a Traffic Mitigation Contribution fee
of one (1) dollar for each square foot of new building construction in accordance with
Paragraph 7.b, of the Cypress Business and Professional Center Traffic Mitigation
Agreement.
33. 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.
34. The modular building shall be attached to a permanent concrete foundation, subject to the
specifications and approval of the Building Official.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
35. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief
evidence of the on -site fire hydrant system and indicate whether it is public or private. If
the system is private, the system shall be reviewed and approved by the Fire Chief prior
to issuance of a building permit. Provisions shall be made by the applicant for the repair
and maintenance of the system, in a manner meeting the approval of the Fire Chief. The
required fire flow for the proposed structure is 1500 gpm @ 20psi for 2 hours. This
flow shall be taken from the nearest fire hydrant. The minimum number of
hydrants is one (1), with a maximum distance from any point on a Fire Department
Access Roadway to a hydrant at 250 feet. These requirements are based on the 1997
UFC Appendix III, Tables A- III -A -1 and A- III -B -1. A larger scale site plan (1" =
100') will be required to correctly evaluate the distance to the hydrant.
36. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a
blue reflective pavement marker indicating the hydrant location on the street or drive per
the Orange County Fire Authority Standard as approved by the Fire Chief. These markers
are to be maintained in good condition by the property owner.
37. Prior to the issuance of a building permit, 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 for
approval to the Orange County Fire Authority. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing system may be required in
each structure affected by insufficient fire flow.
38. Prior to the issuance of a building permit, the applicant shall submit plans for any
required automatic fire sprinkler system in any structure to the OCFA for review and
approval.
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Exhibit "A"
Design Review Committee Permit No. 2000 -4
Conditions of Approval
Page 6
39. Prior to the issuance of a certificate of use and occupancy, any new automatic fire
sprinkler system shall be operational in a manner meeting the approval of the Fire Chief.
40. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if
needed, clearly marked when a dead -end street exceeds 150 feet or when otherwise
required. Applicable CC &R's, or other approved documents, shall contain provisions
which prohibit obstructions such as speed bumps/humps, control gates or other
modifications within said easement or access road unless prior approval of the Fire Chief
is granted.
41. Prior to the issuance of a building permit, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbing and signage. A drawing of
the proposed signage with the height, stroke and color of lettering and the contrasting
background color shall be submitted to and approved by the Fire Chief.
42. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane plan. The CC &R's, or other approved
documents, shall contain a fire lane map and provisions which prohibit parking in the fire
lanes. The method of enforcement shall be documented.
43. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chiefs approval for the construction of any gate across required fire authority access
roads /drives. Contact the Orange County Fire Authority at (714) 744 -0403 for a copy of
the "Guidelines for Fire Authority Emergency Access ".
44. Prior to issuance of a building permit, plans for an approved fire - suppression system for
the protection of commercial -type cooking equipment shall be submitted to the Fire Chief
for review and approval. This system shall be operational prior to the issuance of a
certificate of use and occupancy.
45. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. This system shall be operational
prior to the issuance of a certificate of use and occupancy.
Effective 2 -28 -2000
• Community Development Department • Planning Division •