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Resolution No. 3159RESOLUTION NO. 3159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -28 - 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 expand an existing Sizzler Restaurant from 3,170 square feet to 5,560 square feet. The restaurant is located at 5894 Lincoln Avenue. 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 ensure that the project will be compatible with other commercial uses on adjacent property. (3) The use is in conformance with the long -range objec- tives 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 t City of Cypress at a regular meeting held on the 10th day of November 986. ATTEST: CITY CLERK OF HE CITY ,QF CYPRESS Y OF CYPRESS 421 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 10th day of November 1986, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY-CLERK 0F"THE CITY' OF CYPRESS 423 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 86 -28 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 Subdi- vision Ordinance and Zoning Ordinance shall be satisfied. Parcel Map No. 86 -319 shall be recorded prior to issuance of building permits. 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 bench- mark shall be submitted for approval. A topograph of the area surround- ing 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 two percent (2 %), and concrete shall have a minimum slope gradient of two- tenths percent (.2 %). Drainage patterns shall be compatible with those proposed for the adjacent shopping center, Conditional Use Permit No. 86 -24. 3. A minimum six -foot (6') high block wall, measured from the highest adja- cent grade, shall be constructed along the west property line from the rear of the building to the south property line. A retaining wall per City standards shall be constructed at the property line where the 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 Department standards. 5 A five -foot (5') wide planter shall be constructed along the west property line at the end of the twenty- four -foot (24') wide driveway in front of the building. 6. A copy of the conditions, covenants, and restrictions (C, C F R's) cover- ing the development shall be submitted to the City staff and City Attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C, C $ R's so that the development will not become a liability to the City at a later date. 7. 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. 424 - 2 - 8. Lincoln Avenue shall be fully improved with driveway, driveway closure, street lights per Edison standards, etc., in accordance with City standards. The easterly portion of improvements on Lincoln Avenue, as shown on the grading plan, shall be submitted for checking and approval to the City of Buena Park. City of Buena Park improvement standards permitting and insurance requirements shall be satisfied. 9. The location, width, and the type of driveway shall be subject to the approval of the City Engineer. Onsite traffic circulation shall be subject to the approval of the City Engineer. 10. 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. 11. Street trees (15 gallons) 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. 12. 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. Irr addition, a bond shall be posted with the Public Works Department to guarantee against any defects in plant materials and workmanship. Landscaping and irri- gation system shall be completed per approved plans prior to issuance of a Certificate of Occupancy. 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. 14. 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. 15. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 86 -28 becoming effective. 16. 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. 17. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 425 - 3 - 18. 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. 19. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 20. Parking for the handicapped shall be provided in accordance with State requirements. 21. New 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. 22. 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. 23. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 24. The applicant /developer shall comply with all provisions of the City Code. 25. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 26. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 27. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 28. All requirements of the Orange County Fire Marshal's Office shall be com- plied with prior to a Certificate of Occupancy being issued. 29. Fees required for improvements are as follows: Engineering plan checking and 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 No. 303). Advanced street light energy charges shall be paid (for a one -year period). Grading permit fee (per Resolution 2964). All applicable Building Department fees.