Resolution No. 4341348
RESOLUTION NO. 4341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 94 -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 Design Review Committee in accordance with
the provisions of Section 18 of the Zoning Ordinance of the City of Cypress to convert an
existing Baker's Square Restaurant into an Angel's Diner and Bakery located at 4991 Lincoln
Avenue.
2. That the City Council discussed this application during a public meeting.
3. That the City Council hereby finds that:
a. The proposed location of the 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 to provide for the establishment of various types of commercial
land uses subject to the criteria set out in Section 10 of the Zoning Code
of the City of Cypress.
b. The proposed location of the 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 the
restaurant use will be required to comply with conditions of approval attached hereto as
Exhibit "A".
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 Design Review Committee No. 94 -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 11th day of July , 1994.
ATTEST:
CITY CLERK OF THE C, Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
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 July , 1994, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Kerry, Nicholson and Partin
NOES: 1 COUNCIL MEMBERS: Age
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OFF THE CITY OF CYPRESS
350
t
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 94 -12
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1 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.
2. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1 ") continuous A.C. cap.
3. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Traffic Impact Mitigation Fee (Per Ordinance 778 and current fee Resolution).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• All applicable Building Department Fees
4. 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 semc . - 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.
PLANNING CONDITIONS
5. 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
• Community Development Department • Planning Division •
351
Exhibit "A"
Design Review Committee No. 94 -12
Conditions of Approval
Page 2
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.
6. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
7. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
8. 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.
9. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
10. All applicable conditions of Design Review Committee No. 94 -12 shall be complied
with prior to occupancy of the subject building.
11. 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.
12. Architectural elevations and site plans shall be reviewed and approved by the Planning
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 the actual painting of the structure.
14. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Planning Department approval prior to any signing installation. The
developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Planning Department.
• Community Development Department • Planning Division •
352
Exhibit "A"
Design Review Committee No. 94 -12
Conditions of Approval
Page 3
15. 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.
16. 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.
17. 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.
18. 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.
BUILDING CONDITIONS
19. 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.
20. 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.
21. Type 5 cement shall be used for all foundations and slabs on grade.
22. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
POLICE CONDITIONS
23. All exterior doors will have locking hardware designed to be locked from the exterior,
but unlocked from the interior for exiting purposes.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 94 -12
Conditions of Approval
Page 4
24. A monitoring alarm system, covering all perimeter doors, windows and roof openings,
should be installed for security purposes.
FIRE CONDITIONS
25. Prior to the issuance of any building permits for combustible construction, a letter and
plan from the developer shall be submitted to and approved by the Fire Chief. This
letter and plan shall state that water for fire fighting purposes and an all weather fire
access road shall be in place before any combustible materials are placed on the site.
Indicate existing fire hydrants on site plan.
26. 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.
27. 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 7/11/94
• Community Development Department • Planning Division •