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Resolution No. 3125RESOLUTION NO. 3125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 79 -19 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS THEREBY 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 expand the Kentucky Fried Chicken Restaurant at 9041 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: This zone is intended to provide appropriately located areas for establishments catering primarily to highway travelers, visitors to the City or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. 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 adjacent arterial street has more than adequate capacity to accommodate the projected volumes of pedestrian and vehicular traffic to be generated by this use. (2) The design of the project and the conditions of development attached thereto will insure that the project will be compatible with other commercial uses on adjacent property. (3) The use is in conformance with the long -range objectives of the City as identified in the Land Use Element of the General Plan. 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 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 August 1986. ATTEST: ii CITY CZERKOP' "'THE CITn' OF CYPRESS MA R OF CCI:'TY OF CYPRESS 299 300 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 August 1986, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Kanel %^ CITY (CIE 6 '1HE CIT F CYPRESS ,301 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 79 -19 1. The developer shall conform to all applicable provisions of the City Code. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, signed by a registered California civil engineer and using actual grades from an Orange County surveyor's benchmark shall be sub- mitted for approval. A topograph of the area surrounding this develop- ment shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the laird of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. In parking areas AC shall have a minimum slope gradient of two percent (2%), and concrete shall have a minimum slope gradient of two - tenths percent ( 2 ) 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. The quantity, location width, and the type of driveways shall be subject to the approval of the City Engineer. 5. All requirements of the Orange County lire Marshall's Office, Orange County Health Department and Cypress Building and Safety Department shall be satis- fied prior to commencement of the business operation. 6. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 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. 8. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 9. 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 resi- dentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 10. A detailed landscape and automotive irrigation plait 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. 3C - 2 - 11. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 12. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be sub- mitted to City staff for review and approval prior to actually painting the structure.. 13. The developer shall provide an adequate number of trash enclosures oarsite and at a location acceptable to City staff. 14. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 15. Parking for the handicapped shall be provided in accordance with State requirements. 16. 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. 17. 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. 18 The seven parking spaces on the west lease line shall be made compact spaces and accessed with a minimum twenty -four -foot (24') wide driveway aisle not including the drive -thru aisle, or they shall be eliminated. If the above aisle is created on the lease area and property to the west, then appropri- ate reciprocal access and parking agreements and restriping shall be accomplished and approved by the City prior to a Certificate of Occupancy being issued. 19. lees required for improvements are as follows: . Drainage fee for Master Drainage Plan (per Resolution 2287). . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). . Grading permit fee (per Section 7007 Uniform Building Code). . All applicable Building Department fees.