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Resolution No. 2878RESOLUTION NO. 2878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONpITIONAL USE PERMIT NO. 85 -2 - 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 remodel an existing Pup 'n Taco drive -thru restau- rant at 5502 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: 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. 219 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 remodeling of the existing restaurant will improve a number of nonconforming standards including the parking stalls and the drive -thru turning radius. (2) The proposed project will upgrade the exterior of the existing restaurant. (3) Conditions have been imposed in the conditional use permit to reduce any adverse impacts created by the proposed development. (4) Since a drive -thru restaurant currently exists at the subject site and the conditional use permit is to improve an existing use, additional adverse impacts are not anticipated for 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. 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 February 1985. ATTEST: %n CITY CLERK OF CITY F CYPRESS A-e„, 7(bv_e) MAYOR OF THE CITY OF CYPRESS 220 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 February 1985, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY C RK OF HE CITY,OF CYPRESS 22.1. EXHIBIT "A" CONDITIONAL USE PERMIT NO. 85 -2 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 bench- mark shall be submitted for approval. 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. A retaining wall per City standards shall be constructed on the south property line and at any property line where the grade difference is greater than twelve inches (12 "). Broken walls shall be repaired per City standards. 4. Wheelchair and handicapped access facilities shall be installed onsite and offsite, including at the corner of Lincoln Avenue and Walker Street, in accordance with State of California and City of Cypress Public Works Department standards. 5. A planter per City standards shall be constructed in back of public sidewalk on Lincoln Avenue between the existing driveways and along Walker Street between the existing planters. 6. 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. 7. The drive approach on Walker Street shall be closed and Walker Street shall be fully improved with curb, gutter, sidewalk, etc., in accordance with the City's Master Plan of Streets. The corner cutoff shall be dedicated to the City of Cypress for roadway purposes. 8. The quantity, location width, and the type of driveways shall be subject to the approval of the City Engineer. The driveway on the south property line shall be a minimum of fourteen feet (14') wide and signed for exit only. 9. All secondary and primary utility services shall be underground. Trench- ing 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. 10. 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. 11. All requirements of the Orange County Fire Marshall's Office and the Orange County Health Department shall be complied with prior to a Certifi- cate of Occupancy being issued. 222 - 2 - 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 monu- ment signs shall be submitted for Planning Department approval prior to any signing installation. 14. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 15. The intercom speaker box shall be located and equipped with a noise attenuation device to the satisfaction of City staff, so that noise shall not be directed towards adjoining businesses and properties. 16. 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. 17. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the 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 satis- faction of the City staff. 18. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 19. A detailed landscape and 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 and an offsite landscape and irrigation system shall be installed and maintained by the developer. 20. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 21. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 22. The developer shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and City, including any act or omission of employees, agents; subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 223 - 3 - 23. Fees required for improvements are as follows: . Engineering plan checking and inspection fee (per Resolution 1713). . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). . All applicable Building Department fees.