Resolution No. 4559135
RESOLUTION NO. 4559
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -21 - 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 establish a fast
food restaurant located at 5633 Lincoln Avenue in the Commercial Heavy Zone and the Lincoln
Avenue Redevelopment Project Area.
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 proposed restaurant complies with the General Plan, Zoning
criteria and the Lincoln Avenue Development and Revitalization Policy
established by City Council.
(2) There is sufficient parking to accommodate a restaurant use on this
site.
(3) A right - turn -only sign posted onsite will ensure the safe merging
of traffic onto Lincoln Avenue.
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 -21, 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 13th day of November , 1995.
AYOR OF THE CITY OF YPRESS
136
ATTEST:
A7-1 14
E THE
CI OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 13th day of November , 1995, by the following roll call vote:
AYES: 5
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0
COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
COUNCIL MEMBERS: None
I Y CLE OF TH ITY OF CYPRESS
137
EXHIBIT "A"
APPLICATION: Conditional Use Permit No. 95 -21 and Variance No. 95 -12
ADDRESS: 5633 Lincoln Avenue
CONDITIONS OF APPROVAL
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 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. 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 developers 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. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department 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. 95 -21 and Variance No. 95 -12
shall be complied with prior to occupancy of the subject building.
7. 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 •
138
r.
Exhibit "A"
Conditional Use Permit No. 95 -21 and
Variance No. 95 -12
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
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.
ENGINEERING CONDITIONS
9. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
10. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
11. 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.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
All applicable Building Department fees.
13. A right- turn -only sign shall be posted at the driveway egress of the site.
14. Should the reduced driveway width become a safety hazard in the future, the applicant
will be required to widen the driveway through means of reconfiguration of the parking
stalls and through reduction of the landscape planter at the entrance of the site provided
a variance is obtained.
PLANNING CONDITIONS
15. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
16. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -21 will require an amendment to the conditional use
permit.
17. 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
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -21 and
Variance No. 95 -12
Conditions of Approval
Page 31 3 9
or maintained is detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
18. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
19. 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.
20. 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.
21. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite
and at a location acceptable to City staff. [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right -of -way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
22. Parking for the handicapped shall be provided in accordance with State requirements.
23. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days 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.
24. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
25. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
26. 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.
27. 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.
28. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
• Community Development Department • Planning Division •
140
Exhibit "A"
Conditional Use Permit No. 95 -21 and
Variance No. 95 -12
Conditions of Approval
U
Page 4
29. Applicant/developer 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.
30. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
31. 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.
32. Type 5 cement shall be used for all foundations and slabs on grade.
33. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
34. Disabled van parking shall be located near the front door of the new business.
35. All state and local codes must complied with.
36. During demolition, asbestos must be removed by a certified asbestos removal contractor.
AQMD must be notified.
FIRE CONDITIONS
37. Prior to installation, plans for an approved fire- suppression system for the protection of
commercial -type cooking equipment shall be submitted to the Fire Chief for approval.
38. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
C. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
D. Building(s) not approved for high piled combustible storage. Materials in closely
packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and
6 feet for tires, plastics and some flammable liquids if high stock piling, comply
with UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -21 and
Variance No. 95 -12
Conditions of Approval
Page 5141
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
39. Provide architectural plans with information regarding exiting form structure. Information
should include but not be limited to exit doors, exit signs, door hardware, etc.
40. If canopy is in excess of 400 square feet, it shall be of flame - retardant material or be
made flame retardant.
Effective 11/13/95
• Community Development Department • Planning Division •