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Resolution No. 3686RESOLUTION NO. 3686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -18 - 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 build and operate an El Torito Mexican Restaurant with the onsite sale of general alcohol located at the northwest corner of Valley View Street and Katella Avenue. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided bylaw. 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 the McDonnell Douglas Plaza Planned Community - Business Park. In addition, the site is intended to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large -scale community planning; to allow diversification of land uses as they relate to each other in a physical and environmental arrangement, while insuring substantial compliance with the provisions of this ordinance; and to provide for a zone encompassing various types of land use, such as single - family residential developments, multiple housing developments, professional and administrative office areas, commercial centers, industrial parks or any public or semi - public use or combination of uses through the adoption of a development plan and text materials which set forth land use relationships and development standards. 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 full- service restaurant is consistent with the zoning and development standards of the McDonnell Plaza Specific Plan for the PC -3 Planned Community Business Park Zone. (2) The project is consistent with the related approved Tentative Parcel Map No. 89 -363. (3) Adequate access and parking are provided for onsite traffic and circulation. (4) The restaurant use is compatible with surrounding Business Park uses including light industrial, office and commercial businesses. 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. 89 -18, subject to the conditions attached hereto as Exhibit "A." w8tJ PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of January 1990. %,--7e 44 OA THE CITY OF CYPRE S ATTEST: CITY LERK OF T 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 22nd day of January 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLER / 0 T CIT OF CYPRESS 8 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -18 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. The use approved under Conditional Use Permit No. 89 -]8 shall utilize only existing access points onto Katella Avenue and Plaza Drive and no additional access points shall be allowed. The reciprocal easements mentioned herein shall ensure that perpetual access at these existing points is maintained. 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. A topographic map of the area surrounding this development shall be made to establish existing. drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. All on-site drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of one and one -half percent (1.5%) or as approved by the City Engineer, and concrete shall have a minimum slope gradient of two- tenths percent (.2 %). 3. Wheelchair and handicapped access facilities shall be installed on -site and off -site in accordance with State of California and City of Cypress Public Works and Building Department standards. 4. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Coloney, Inc. (Phone: (714) 826 -8680) for specifications and procedures for prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. Exhibit "A" Conditional Use Permit No. 89 -18 Conditions of Approval Page 2 2 8' ti 5. The drive aisles adjacent to the north and south property lines shall be extended to the Ramada Inn site for access to Katella Avenue and Plaza Drive. 6. 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. 7. The west side of Valley View Street shall be fully improved with street widening in accordance with City standards from the north beginning of curb of the northwest corner of Valley View Street and Katella Avenue north to the southerly beginning of curb at the drive approach accessing Valley View Street (approximately two hundred and fifty feet 1250'] from beginning of curb to beginning of curb): The new curb face shall be eight feet (8') west of the existing curb face. Valley View Street and the Orange County Flood control District right -of -way in front of this development shall be fully improved with a ten -foot (l0') wide meandering bike trail /sidewalk to the south side of the Sony driveway, bermed landscaping, street light relocation and /or adjustment to grade, removal and replacement of depressed curb and gutter, etc., per the City's Master Plan of Streets. The improvements shall join existing improvements to the north. Perpetual maintenance of the landscaping and irrigation system on Katella Avenue and Valley View Street parkways and on the Orange County Flood Control District right -of -way shall be the responsibility of the developer. Developer shall obtain necessary approval and permits of 0.C.E.M.A. prior to commencing construction within Orange County Right -of -Way. 8. The north side of Katella Avenue shall be dedicated and fully improved for an exclusive right -turn lane from Valley View Street to the west and of the existing bus bay by relocating the curb and bus bay and bus shelter six feet (6') to the north. A meandering ten-foot (10') wide PCC bike trail, within a dedicated bike trail easement, shall be constructed along Katella Avenue from Valley View Street to the Ramada Inn Driveway. Drive approaches on Katella Avenue and Valley View Street serving Parcel 2 of Parcel Map 86 -412 will not be allowed except at the shared approach at the west property line of said Parcel 2. 040c Exhibit "A" w Conditional Use Permit No. 89 -18 Conditions of Approval Page 3 9. The curb return at the northwest corner of Katelia Avenue and Valley View Street shall be relocated due to street widenings on Katelia Avenue and Valley View Street. Said corner shall be fully improved with thirty -five foot (35') curb radius, traffic signal relocation, wheelchair ramp, sidewalk replacement, etc. in accordance with City standards. 10. The City shall enter into a reimbursement agreement with the developer for the area bounded by Katelia Avenue /McDonnell Drive /Plaza Drive /Valley View Street. The terms of this agreement will provide for the City to reimburse the developer from the Cypress Business Park Traffic Impact Mitigation Fee Fund, his actual construction costs required to reconstruct Valley View Street and Katelia Avenue at their wider widths stipulated by the City. The limit of this reimbursement work shall be on Valley View Street from a point one hundred and eighty feet (180') north of the north beginning of curb of Plaza Drive, southerly through the curb return at the northwest corner of Valley View Street /Katella Avenue and westerly to McDonnell Drive. Reimbursed work shall include only the following items: removals, street grade preparation, construction of curbs and gutters, street paving, traffic signal - related and other utility - related modifications, modification of landscaping and irrigation systems and sidewalk modifications. Specifically excluded from reimbursement shall be all costs of design and overhead and the construction of curb returns, grading and paving at new driveway entrances. The reimbursement agreement shall be contingent upon the developer agreeing to participate in the City's Business Park Traffic Impact Mitigation Fee assessment based on actual floor area of non -hotel and other noncommercial/non- retail construction. 11. The sewer main on Katelia Avenue, if utilized for this development, shall be extended per City standards and the north side of Katelia Avenue, from median curb to north side curb, in the vicinity of the sewer construction to the Valley View Street intersection shall be overlaid with a .10-foot A.C. cap. 12. 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. Exhibit "A" Conditional Use Permit No. 89 -18 Conditions of Approval Page 4 13. 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. 14. 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 on -site landscape plan. The type of trees shall be as required by the City's street tree ordinance. Landscaping in public right -of -way shall be maintained by the developer. 15. 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 . ipproval by the FAA. ^�- hibit "A" •. Vnditional Use Permit No. 89 -18 Conditions of Approval 16. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Page 5 - Final Subdivision Map Filing Fee (Per Resolution No. 2964. - Engineering Plan Check & Inspection Fee (Per Resolution 2964). - Drainage Fee for Master 2287). Drainage Plan (Per Resolution - Sanitary Sewer Connection Fee (Per Orange Sanitation District, No. 3, Resolution 308). - Grading Plan Check 3269) . County and Permit (Per Resolution 2964 & - All Applicable Building Department Fees. 17. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 18. Prior to the issuance of any building permits, plans for an automatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 19. An automatic fire extinguishing system shall be required. 20. A Hood aiid Duct Fire Extinguishing System shall be required for cooking services. 21. A Fire Department permit shall be required for Public Assembly. 22. Prior to the issuance of any certificates of use and occupancy, the private street shall be red curbed and posted "No Parking -Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (CM7 -28II) 23. All applicable conditions of Tentative Parcel Map No. 89 -363 shall be complied with prior to occupancy of the subject building. 24. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. Exhibit "A" Conditional Use Permit No. 89 -18 Conditions of Approval Page 6 tin� 25. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 26. 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. 27. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 28. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 89 -18 becoming effective. 29. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -18 will require an amendment to the conditional use permit. 30. 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. 31. Final architectural elevations and site plans shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. Final review is pending City Council policy regarding the use of neon lighting. 32. 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. 33. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 34. 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. 35. 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. 36. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. tibit "A" ditional Use Permit No. 89 -18 Conditions of Approval Page 7 37. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 38. 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. 39. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 40. 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. 41. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 42. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 43. 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. 44. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 45. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 46. Prior to the issuance of building permits for any habitable building proposed for construction within the 60 CNEL contour from the Los Alamitos Army Airfield, the project proponent shall submit to the City of Cypress an acoustical analysis report. The report shall describe the acoustical design features of the structures required to satisfy the Airport Environs Land Use Plan and State interior noise standards along with evidence that the sound attenuation measures specified in the report have been incorporated with the design of the project. Exhibit "A" Conditional Use Permit No. 89 -18 Conditions of Approval Page 8 ,,„,/) 47. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Army Airfield. 48. The developer shall comply with all applicable requirements of the 1985 Editions of the Uniform Building Plumbing and Mechanical Codes, the 1987 National Electric Code California State Title 24 Energy and Handicapped Regulations and Cypress City Code.