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Resolution No. 278110 RESOLUTION NO. 2781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-12 - 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 within the Mission Center Shopping Center located at the southwest corner of Lincoln Avenue and Denni 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 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 con- ditions 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 facility has been designed to work within the framework of the Center's existing patrons and circulation system. (2) The location of the project is such that it does not directly abut any residential development. (3) Conditions have been imposed in the conditional use permit to reduce any adverse impacts created by the proposed development. 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 14th day of May 1984. ATTEST: // CITY CLERK OF THE CI77 OF CYPRESS MAYOR OF THE CITY OF CYPRESS 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 14th day of May 1984, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None K OF 1= CITY CLERK OF THE TY OF CYPRESS 2 11 12 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 84-12 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 engineer and using actual grades from an Orange County surveyor's benchmark shall be sub- mitted for approval. Drainage of water to the south shall be by means of concrete gutter to the existing inlet. The broken ribbon gutters at the inlet shall be removed and replaced. In parking area, AC shall have a minimum slope gradient of two percent (2%) and concrete shall have a mini- mum slope gradient of two-tenths percent (.2%). 3. A six-inch (6") concrete curb per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls and structures exposed to vehicular traffic. 4. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. 5. Wheelchair and handicap access facilities shall be installed onsite in accordance with State of California and City of Cypress Building Depart- ment standards. 6. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 7. 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 satisfaction of the City staff. 8. A11 existing public improvements at the development site which are damaged, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 9. The quantity, location, width, and the type of driveway shall be subject to the approval of the City Engineer. The drive-thru aisle shall be twelve feet (12') wide. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns within the development to the satisfaction of the City Engineer. 13 2 10. All secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1") minimum thickness asphalt concrete cap from curb to curb if it is necessary to open cut the street in more than one place. Any open cut shall be backfilled per City of Cypress Standard No. 110. 11. The architecture of the new Naugles Restaurant, including building materials, colors and landscaping, shall be compatible with the existing Mission Center Shopping Center. 12. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 13. The proposed site plan shall be revised to show the removal of a portion of the outdoor patio area to provide for an additional five (5) parking spaces, subject to City staff approval. The revised site plan shall also provide for protection of the concrete block wall trash enclosure by utilizing landscape planters or steel posts. 14. A uniform signage program shall be submitted to the Planning Department for review and approval prior to the installation of any new signage. 15. All requirements of the Orange County Fire Marshal's Office and the Orange County Health Department shall be complied with prior to a Certificate of Occupancy being issued. 16. The final building elevations detailing precise colors and materials used for construction shall be reviewed and approved by the Planning Director. 17. All product and materialstorage shall occur within the buildings. Exterior storage is specifically prohibited. 18. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 19. 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. 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. Fees required for improvements are as follows: a. Sanitary sewer connection fee (per Orange County Sanitation District, No. 3, Resolution No. 303). b. Grading permit fee (per Section 7007 Unform Building Code). c. All applicable Building Department fees.