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Resolution No. 3789RESOLUTION NO. 3789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -10 - 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 drive -thru restaurant and retail center at 5501 and 5591 Ball Road. 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 as an area for the location of retail and wholesale commercial activities. 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 drive -thru restaurant and retail center are consistent with the use permitted in the CG Commercial General Zone. (2) The proposed project meets all the required zoning and development standards and is consistent with the City of Cypress General Plan. (3) The proposed project contributes to the revitalization of the subject site, and thus, creates a positive effect on the area. 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 -10, 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 9th day of July, 1990. ATTEST: ,, CITY CLERK OF E CITY CYPRESS MAYOR OF THE CITY OF CYPRES 107 10s 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 9th day of July, 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 CIT OF CYPRESS 105 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90-10 CONDITIONS OF APPROVAL 1. The applicant /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 lot line adjustment to consolidate two parcels into one shall be recorded prior to issuance of a Certificate of Occupancy. 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 onsite 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. The existing minimum six foot (6') high block wall, measured from the highest adjacent finish grade, shall be maintained along the north property line. A retaining wall per City standards shall be constructed at the property line where the finished grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works. 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. 110 Exhibit "A" Conditional Use Permit No. 90 -10 Conditions of Approval Page 2 6. Onsite traffic circulation shall be subject to the approval of the City Engineer. Dead -end drive aisles shall not be allowed. The approval of the site layout as proposed shall be contingent on the opening of the dead -end drive aisle at the northeast corner of the subject development to through traffic. This shall be done by obtaining reciprocal access easements with the adjacent property owner to the east. Satisfactory evidence of the reciprocal access agreement shall be submitted for approval of the City Engineer prior to execution of the required Lot Line Adjustment or other parcel consolidation action by the City. 7. Driveway access shall be limited as follows: Ball Road: Right turns in and out only. A standard traffic control sign (R41) shall be posted and maintained by the property owner to control exiting vehicles. Walker Street: Right turns in and out and left turn in only. A standard traffic control sign (R41) shall be posted and maintained by the property owner to control exiting vehicles. 8. Ball Road and Walker Street shall be fully improved with driveway, driveway closure, etc., in accordance with City standards. The existing street tree on Ball Road shall be root pruned, and damaged curb, gutters, and sidewalk shall be removed and replaced to the satisfaction of the City Engineer. The corner cutoff at the corner of Ball Road and Walker Street shall be dedicated to the City of Cypress for roadway purposes. 9. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. Adequate sight distance shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 10. All utility services shall be underground to the nearest off -site utility service pole(s). 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. 11. One street light on Bali Road shall be installed per Southern California Edison Company and City standards. Exhibit "A" Conditional Use Permit No. 90 -10 Conditions of Approval Page 3 12. 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. 13. 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. 14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & Inspection Fee (Per Resolution 2964). - Drainage Fee for Master Drainage Plan (Per Resolution 2287). - Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). - Advanced Street Light Energy Fee (For one year period). - Grading Plan Check and Permit (Per Resolution 2964 & 3662). - All Applicable Building Department Fees. 15. All applicable conditions of Conditional Use Permit No. 90- 10 shall be complied with prior to occupancy of the subject building. 16. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 17. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 18. The Cypress business licenses shall be obtained prior to commencement of any business operations. 19. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -10 will require an amendment to the conditional use permit. 20. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 131 of the Cypress Zoning Ordinance 23. 111 112 Exhibit "A" Conditional Use Permit No. 90 -10 Conditions of Approval Page 4 21. The applicant shall modify the north elevation to the satisfaction of Design Review Committee prior to the issuance of building permits. 22. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 23. 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. 24. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 25 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. 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. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 28. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 29. 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. 30. 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. 31. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 113 Exhibit "A" Conditional Use Permit No. 90 -10 Conditions of Approval Page 5. 32. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 34. 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. 35. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 36. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 37. 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. 38. 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. 39. 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. 40. 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. 41. 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. 42. Prior to the recordation of a final tract /parcel map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Chief. 114 Exhibit "A" Conditional Use Permit No. 90 -10 Conditions of Approval Page 6 43. 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. 44. Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved and installed. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a Certificate of Use and Occupancy. 45. All commercial occupancies 6,000 square feet or greater shall be protected with automatic fire sprinklers. Onsite fire hydrant may be required. 46. The applicant shall remove and dispose of all hazardous waste materials accordance with all Local and state regulations pertaining to hazardous waste materials. 47. The applicant shall provide a one -hour fire wall along the rear of the retail building. All openings must be protected by a minimum of a one -hour fire rated assembly. 48. All product and material storage shall occur within the building. Exterior storage is specifically prohibited.