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Resolution No. 3399470 RESOLUTION NO. 3399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE REDUCTION IN THE NUMBER OF MINIMUM REQUIRED ONSITE PARKING SPACES AND TO UTILIZE JOINT PARKING WITH ADJACENT PROPERTY OWNERS. VARIANCE NO. 88 -3 THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a variance from the terms of the Zoning Ordinance of the City of Cypress to construct a McDonald's drive -thru fast food restaurant at 10115 Valley View Street. 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. Strict or literal interpretation and enforcement of the specified regulations would result in a practical difficulty or a necessary physical hardship in that the parcel is not physically separated from the larger shopping center parcels, therefore a denial of joint parking would create an unenforceable situation and a practical difficulty. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved because placement of the existing parcel encourages shared parking and precludes exclusionary parking. c. Strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone because the remainder of the parcels within the shopping entered into a shared parking agreement similar to the one proposed for this site and use. d. Due to the circumstances described in C. above, this variance will not constitute the granting of a special privilege. e. The granting of the variance will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity because it will meet all building code traffic circulation requirements. 4. The City Council DOES HEREBY GRANT said variance subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned regular meeting held on the 24th day of May 1988. A 2r�s/a/ M YO OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF TH CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 471 I. DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City Council held on the 24th day of May 1988, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Davis, Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 41.2 CITY CLERK OF TH CITY OF CYPRESS 2 472 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 88 -8 VARIANCE NO. 88 -3 1. The developer shall conform to all applicable provisions of the City Code. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading 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. 3. Wheelchair and handicapped access facilities shall be installed in accordance with State of California and City of Cypress Public Works Department standards. 4. 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. 5. Parking lot circulation shall be adequately delineated with pavement markings as designated by the City Engineer. The West bound exit lane from the parking area shall have an R11 (DO NOT ENTER) sign of. size 24" x 24" facing opposing traffic. Said sign shall be placed where designated by the City Engineer and permanently maintained by the applicant. 6. All requirements of the Orange County Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 7. 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 Lhe business operation. 8. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 9. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 473 - 2 - 10. The final exterior color scheme shall be submitted to City staff for review and approval prior too actually painting the structure. 11. 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 any defects in plant materials and workmanship. 12. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 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. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 15. 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. If noise from the speaker box results in substantiated complaints from adjacent businesses and /or residents, this CUP may be subject to a public hearing modifying the conditions cat approval to mitigate the noise. 16. 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. 17. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only ". 18. Parking for the handicapped shall be provided in accordance with State requirements. 19. All products and material storage shall occur within the building. Exterior is specifically prohibited. 474 -.3 - 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. 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. 21. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 22. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 23. The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. 24. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. FEES REQUIRED FOR IMPROVEMENT ARE AS FOLLOWS Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 307).