Resolution No. 4394RESOLUTION NO. 4394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -20 - 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 remodel an
existing building to establish a franchisee owned Burger King fast food restaurant located at
10501 Knott Avenue in the Commercial Neighborhood (CN) 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 for neighborhood shopping centers which provide limited retail
business service and office facilities for the convenience of residents of the
neighborhood. These shopping centers are intended to be compatible with
a residential environment at locations indicated on the general plan.
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) Conditions of approval have been imposed to regulate and insure
compliance with the City Code of the City of Cypress and with requirements of
other pertinent regulatory agencies issuing required permits.
(2) The proposed fast food restaurant is located at a previously existing
restaurant site.
(3) This existing site provides sufficient parking, meeting the current
parking criteria for this use.
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. 94 -20, 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 11 th day of October , 1994.
MAYOR OF THE CITY OF CYPRESS
50
ATTEST:
CITY CfreR7Kv(THE (T 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 11th day of October , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
/
i
CITY CLE OF T }CITY OF CYPRESS
51
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -20
CONDITIONS OF APPROVAL
PLANNING 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 (§ 2100 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 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. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
4. All requirements of the Orange County Fire Marshall'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. 94 -20 shall be complied with
prior to occupancy of the subject building.
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -20 will require an amendment to the conditional use
permit.
• Community Development Department • Planning Division •
52
Exhibit "A"
Conditional Use Permit No. 94 -20
Conditions of Approval
Page 2
8. 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.
9. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
10. The final exterior color scheme shall be submitted to City staff for review and approval
prior to actually painting the structure.
11. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
12. 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.
13. 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.]
14. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
15. Parking for the handicapped shall be provided in accordance with State requirements.
16. 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 businesses and properties.
17. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
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.
18. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
• Community Development Department • Planning Division •
53
Exhibit "A"
Conditional Use Permit No. 94 -20
Conditions of Approval
Page 3
19. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size,
shall be installed along all property lines where necessary to retain the landscape planters
until adjoining properties are developed.
20. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. In accordance with Section 10.3. Performance Standards: Commercial Zones. D. Where
a commercial or office use abuts property in any residential zone, a masonry wall eight
(8) feet in height as measured from the highest adjacent grade and screen landscaping
shall be erected and maintained between such uses and the residential zone.
27. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning 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 Fish and Game Code Section 753.5, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
Regulations. If, within such forty -eight (48) hour period, the applicant /developer has not
delivered to the Planning Department the check required above, the approval for the
project granted herein shall be void.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -20
Conditions of Approval
BUILDING CONDITIONS
Page 4
28. 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.
29. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
30. Type 5 cement shall be used for all foundations and slabs on grade.
FIRE DEPARTMENT CONDITIONS
31. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821 -7850.
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.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Department prior to installation.
Effective 10/11/94
• Community Development Department • Planning Division •