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Resolution No. 3533361 RESOLUTION NO. 3533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -1 - 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 construct and operate a drive -thru fast food restaurant at the southwest corner of Cerritos Avenue and Valley View Street at Cypress Pointe. 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 to result in a development with a general light industrial /office /retail character which complements surrounding, existing and planned land uses. Regulations provide an appropriate amount of flexibility to anticipate future conditions and to properly integrate a mixture of light industrial /office and support commercial land uses. Principal land uses for the Business Park classification shall be limited to light industrial, office, and support commercial uses on the project site. The locations of these land uses on the project site will depend upon the needs of the future developer(s) of the property. 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 project is consistent with the existing Specific Plan and Development Agreement. (2) The project meets all development standards of the City of Cypress. (3) The project has been designed to work within the proposed parking circulation of the specific business park development. (4) Conditions have been imposed in the conditional use permit to reduce any adverse impacts created by the proposed development. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of February 1989. MAYOR OF THE CITY OF CYPRESS 362 ATTEST: F HE C Yl� Y 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 27th day of February 1989, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK 'F THE TY OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -1 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. A parcel map shall be recorded prior to issuance of a Certificate of Occupancy for the development. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 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. In parking areas, A.C. shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2 %). 3. The developer or property owner is required to install one directional sign in the landscaped area immediately to the south of the westerly driveway on Cerritos. Sign shall be approved by the Planning Department under Design Review. 4. 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. 5. 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. 6. Cerritos Avenue shall be fully improved with driveway, relocated streetlight per Edison Company standards, sandblasting and restriping per City requirements, etc., in accordance with City standards. 7. 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. 364 - 2 - 8. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. Transportation management action plan is now being prepared by the City. The developer shall participate in the TSM plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The developer shall participate in these programs on an equivalent basis with all other City designated participants within the Business Park. The developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefits district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contemplated above does occur, the assessment shall, at the City's discretion, be pro -rata within assessment /benefit area (area of benefit and method of spreading the assessment to be determined by the City at its discretion), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regulations. 9. Street trees (15 gallon) forty feet (40') on center shall be installed in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. The type of trees shall be as required by the City's street tree ordinance. 10. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. 365 - 3 - 11. 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). . Grading plan check and permit (per Resolutions 2964 and 3269). . All applicable Building Department fees. 12. All requirements of the Orange County Fire Marshal's Office and Building Department shall be met. 13. 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. 14. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 15. A comprehensive sign program for both building and freestanding onsite monument signs shall be submitted for Planning Department approval prior to any sign installation. The signage shall be limited to three (3) wall signs, two (2) directional signs and one (1) onsite monument sign. All other signage, specifically the south wall sign and the direction sign located at the westerly driveway shall be removed from the original plans. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 16. 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. 17. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 18. 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. 366 - 4 - 19. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 20. 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 conditional use permit may be subject to a public hearing modifying the conditions of approval to mitigate the noise. 21. 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. 22. Parking for the handicapped shall be provided in accordance with State requirements. 23. All products and material storage shall occur within the building. Exterior is specifically prohibited. 24. 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. Drainage downspouts shall be constructed in the interior of the building. 25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 26. 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. 27. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 28. 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. 367 - 5 - 29. 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. 30. An agreement shall be filed with the City governing the joint use and maintenance of the trash enclosure, and a reciprocal easement with both parcels shall be recorded with the County. 31. All improvements for the joint access driveway along the southwest and west property lines shall be made to the satisfaction of the Engineering and Planning Departments. 32. The red highlight color on the roof is not permitted. A solid terra cotta color roof shall be maintained. 33. The parking spaces and circulation pattern shall meet all requirements of the City of Cypress Zoning Ordinance. Any minor modification to the location of spaces shall be subject to Planning Department approval. 34. Carl's Jr. Restaurant is permitted to install a four -foot six -inch by two -foot (4' 6" x 2') directional sign adjacent to Valley View Street, on the Pavilion shopping center site. However, the subject sign shall be removed from the site in the event Carl's Jr. Restaurant relocates from the subject location.