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Resolution No. 3454 91 RESOLUTION NO. 3454 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-24 - 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 restaurant with general alcohol at the northwest corner of Corporate Avenue and 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. 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 design of the project is consistent with the quality required for the Cypress Business Park . 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 10th day of October 1988. 4MA OR THE CITY OF CYPRESS 9 ATTEST: ri/1/) ' (.41:1 CITY CLERK OF THE CITY -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 Ctty Council held on the 10th day of October 1988, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Davis, Kanel and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Mullen CITY CLERK OF THE CITY OF CYPRESS 4 - 2 - 93 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88-24 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 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. 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. 4. 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. 5. Corporate Avenue shall be fully improved with six-foot ( 6 ' ) wide private sidewalk, with four-foot ( 4 ' ) minimum clearance around utility structures, etc. 6. 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. 94 - 2 - 7. 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. 8. Street trees ( 15 gallon ) forty feet ( 40 ' ) on center shall be installed in back of private sidewalk on Corporate Avenue and along Valley View Street 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 i ordinance. Landscaping in public-right-of-way shall be maintained by the developer. 9. A sewer plan shall be submitted for approval by the City Engineer. 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. - 3 - 95 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 Resolution 2964 and 3269 ). . All applicable Building Department fees. 12. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 13. 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. Exposed or visible neon shall not be permitted. Wall signs shall be reduced to a size proportionate to the building. 14. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 15. 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. The restaurant development which adjoins residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 16. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only. " 17. 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. 18. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 96 - 4 - 19. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 20. 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. 21. 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. 22. 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. 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. The applicant shall satisfy all necessary requirements for an onsale general license by the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 88-24 becoming effective. 25. 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. 26. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 27. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 28. The striped vinyl awnings shall be a solid, non-translucent material. The lighting for the awnings shall be limited to overhead awning light fixtures and indirect top lighting. The lighting level watt shall be established in the sign criteria. 29. All requirements of the Orange County Fire Marshal ' s office shall be met. 97 - 5 - 30. 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 prior to commencing construction with combustible materials. 31. Structure and occupancy use shall comply with California Administrative Code Titles 19 and 24 for an "A" occupancy. 32. The requirements of the 1985 edition of the Building, Plumbing and Mechanical Codes must be met. 33. The 1984 edition of the National Electric Code, State Title 24, Energy and Handicapped regulation must be met. 34. Orange County Health Department approval must be obtained prior to issuance of building permits.