Resolution No. 454562
RESOLUTION NO. 4545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -12 - 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 17.2 of the Zoning Ordinance of the City of Cypress to allow an existing
drive - through restaurant, with modified signage and the addition of neon tubing along the roof
parapet located at 6002 Lincoln Avenue, within the CH- 10,000 Commercial Heavy 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 zone in which the site is
located is:
Intended as to provide appropriately located areas for establishments
catering primarily to highway travelers, visitors to the City or such
businesses or uses where direct access to major arterial highways is
essential or desirable for their operation.
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 existing drive - through restaurant, with the proposed signage
and facade improvements, are appropriate and consistent with the goals and
policies of the Cypress General Plan and the Lincoln Avenue Redevelopment
Plan.
(2) With this conditional use permit, the subject pre- existing
conditional use will be in full zoning compliance. The site currently meets
minimum development standards, including access, parking, and landscaping.
(3) The restaurant and related improvements will not be detrimental to
the public health, safety, and welfare, or adversely impact surrounding properties
or uses because the subject restaurant is surrounded by other similar commercial
uses, and because the subject improvements represent an upgrade of the site
which will benefit surrounding properties.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95 -12, 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 10th day of October , 1995.
MAYOR OF THE CITY O CYPRESS
ATTEST:
CITY CLERK OF THE CITY �rF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
63
I, DARRELL ESSEX, 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 10th day of October , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK 0 THE CI OF CYPRESS
64
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 95 -12:
6002 LINCOLN AVENUE
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The business /property owner 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 (§ 2100 et m. - 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 applicant'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. The business /property owner shall comply with the requirements of the Orange County
Fire Marshal's Office, Orange County Health Department, and Cypress Building and
Safety Department.
5. The business shall maintain a Cypress business license for the restaurant business
operation.
6. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -12
Conditions of Approval
Page 2
7. 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
in the amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Exemption in accordance with Public Resources Code Section
21152. 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.
COMMUNITY DEVELOPMENT DEPARTMENT
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -12 will require an amendment to the conditional use
permit.
9. 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.
10. 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 businesses and properties.
11. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
12. Final sign plans for the building and pole signs shall be submitted for Community
Development Department approval prior to any signage installation. The
business /property owner shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department.
13. The use of neon lighting shall be consistent with the City's Neon Use Criteria and the
applicant shall enter into a Neon Signage Agreement with the City of Cypress prior to the
issuance of building permits for such lighting.
14. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
15. 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 appearance.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -12
Conditions of Approval
Li
Page 3
16. 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.
17. 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.
18. 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.
19. This conditional use permit may be modified or revoked by the City Council, subject to
a public hearing, if the Council determines 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.
BUILDING DEPARTMENT
20. Applicant/contractor shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
(Effective 10- 10 -95)
• Community Development Department • Planning Division •