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Resolution No. 3782RESOLUTION NO. 3782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -11 - 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 a double decker driving range at 4561 Katella Avenue located in the PS Public Semi- Public 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 to permit adequate identification of areas reserved and developed for public uses other than street rights -of -way, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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 use is compatible with the existing race track and other public semi- public uses permitted within that zone. (2) The existing parking at the site is adequate for onsite patron parking to accommodate the proposed use. (3) Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel and staff has not received any communication regarding this project. 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. 90 -11, 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 25th day of June 1990. . YO OF THE CITY OF CYPRES 93 94 ATTEST: j CITY CLERK OF THE CITY 0F" 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 25th day of June 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 CLERK OF THE CITY/OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -11 CONDITIONAL OF APPROVAL 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. 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. 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. 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. Exhibit "A" 9nditional Use Permit No. 90 -11 Conditions of Approval Page 2 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. 6. A sewer plan shall be submitted for approval by the City Engineer. Unused Sewer laterals connecting existing buildings at this property shall be plugged at the property line. 7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Drainage Fee for five (5) acres per Development Agreement for Cypress Business and Professional Center - Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). - Grading Plan Check and Permit (Per Resolution 2964 & 3662). - All Applicable Building Department Fees. 8. The applicant shall make permanent parking lot improvements to serve the driving range only within eighteen (18) months after the approval of the Conditional Use Permit for the driving range. 9. All applicable conditions of Conditional Use Permit No. 90- 11 shall be complied with prior to occupancy of the subject building. 10. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 11. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 12. 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. Exhibit "A" Conditional Use Permit No. 90 -11 Conditions of Approval Page 3 13. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 14 Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -11 will require an amendment to the conditional use permit. 15. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 16 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. 17. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 18. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 19. 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. 20. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 21. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 22. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 23. 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. 24. 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. Exhibit "A" 9 3onditional Use Permit No. 90 -11 Conditions of Approval Page 4 25. 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. 26. 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. 27. A soils engineering and geologic study shall be submitted to the City consistent with mitigation measure No. 2 of the Cypress Business and Professional Center Environmental Impact Report. 28. Construction activities shall take place only on weekdays and Saturdays between 7:00 a.m. and 8:00 p.m. 29. The applicant shall use and provide proper maintenance of noise reducing devices on construction equipment. 30. All existing telephone lines shall be placed underground as determined by the City Engineer consistent with Mitigation Measure No. 77 of the Cypress Business and Professional Center Environmental Impact Report. 31. All existing electrical facilities shall be placed underground as determined by the City Engineer consistent with Mitigation Measure No. 79 of the Cypress Business and Professional Center Environmental Impact Report.