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Resolution No. 2901268 RESOLUTION NO. 2901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-4 - WITH CONDITIONS WHEREAS, 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 permit the construction of an approximately 130,890 square foot retail shopping center in two phases. Included in the approval was permission to construct two eating establishments, Fuddruckers and Jack - In -The -Box, with alcoholic beverages being sold on -premise at Fuddruckers restaurant. The subject property is located at the southwest corner of Katella Avenue and Knott Street. WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on said Application as provided by law. NOW, THEREFORE, the City Council of the City of Cypress hereby finds, resolves, determines and orders as follows: 1. 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: To provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale community planning. b. To allow diversification of land uses as they relate to each other in a physical and environmental arrangement, while insuring substantial compliance with the provisions of this ordinance. c. To provide for a zone encompassing various types of land uses, such as single-family residential developments, multiple housing developments, professional and adminis- trative office areas, commercial centers, industrial parks or any public or semi-public use or combination of uses through the adoption of a Development Plan and text materials which set forth land use relationships and development standards. 2. 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: a. This project should not create a substantially adverse physical change within the affected area, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. b. The proposed land use is consistent with the Warland/Cypress Business Center Specific Plan No. 84-1 adopted December 10, 1984. c. Public services and utilities in the area are adequate to handle the proposed facility. d. The potential traffic and circulation problems have been addressed and mitigated in the Environmental Impact Report adopted for the Warland/Cypress Business Center on December 10, 1984. e. The noise generated by this project will not exceed the Noise Control Standards as identified in Section 13-64 through 13-78 of the Cypress Municipal Code. 2b9 3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that 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 8th day of April 1985. MAYO' OF THE CITY O1* CYPRESS ATTEST: CITY CLERK 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 8th day of April, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Coronado, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Lacayo and Mullen CITY' CLErRK EL (5.1.-2e ,HITY CYPRESS 2711 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 85-4 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. 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%). 3. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). 4. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed along the rear twenty-five foot (25') drive, per California Vehicle Code No. 22658, to the satisfaction of the City Engineer, Build- ing Department Superintendent, and County Fire Marshall. S. 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. 6. Existing water wells on the development site shall be capped per City standards. 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. 8. Knott Street shall be fully improved immediately adjacent to this develop- ment with curb, gutter, sidewalk, street trees, driveway approaches paveout, two-tenths foot (.2') minimum AC overlay with one and seven - tenths percent (1.7%) minimum crossfall, and street lights, all in accordance with the City's Master Plan of Streets. Knott Street, from the south side of this development to the south side of the Stanton Channel, shall be immediately improved with curb, gutter, paveout and street lights, all in accordance with the City's Master Plan of Streets. The ultimate improvements including the required sidewalks, driveway approaches, street trees, surface course paving with two-tenths foot (.2') minimum overlay and minimum one and seven -tenths percent (1.7%) crossfall, and Stanton Channel modification per City and O.C.E.M.A. requirements, may be deferred in this southerly portion for a period of two (2) years from the date of Council approval of these conditions or until the adjacent property is developed, whichever occurs first. 9. Katella Avenue shall be fully improved in accordance with the City's Master Plan of Streets. 10. All secondary and primary utility services shall be underground. Trench270 1 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. 11. The developer shall submit a traffic study for all existing improvements and the proposed developments to analyze the affects of this development. This study shall address the need for traffic control devices, ingress- egress, traffic generation and distribution, and other traffic concerns involving this portion of the Cypress Business Park. 12. The northerly driveway access on Knott Street shall be restricted to right turn in and out only. This shall be accomplished through median treatment and/or restriping, as required by tho City Engineers of the Cities of Cypress and Stanton. 13. The most westerly driveway access on Katella Avenue shall be constructed opposite Meridian Drive and shall utilize the traffic signal at this intersection. Any necessary signal modifications (such as detector loop installations) shall be the responsibility of the developer. The onsite drive shall be constructed and striped to the satisfaction of the City Engineer. The developer shall grant to the City an easement for walkway, traffic signal, and utility purposes at the driveway access on Katella Avenue opposite Meridian Drive. It shall be approximately sixty feet (60') long and extend twenty-five feet (25') behind the existing southerly right-of-way line on Katella. 14. The entire street width of Knott Street between Katella Avenue and the south property line shall be sandblasted as necessary and restriped to the satisfaction of the City Engineers of the Cities of Cypress and Stanton. 15. Street lights shall be installed per City standards (also see Condition No. 8) and shall be dedicated to the City. Street name signs and traffic signs shall be installed per City standards. 16. 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. 17. The developer shall comply with all requirements of the F.A.A. 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 F.A.A. 272 18. 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 leas 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. 19. All requirement 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. 20. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 21. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Department's approval prior to any signing installation. The developer shall not erect or display on the property any sign(s) which have not been approved in writing by the City. 22. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 23. 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. 24. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only". 25. 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. 26. A detailed landscape and irrigation plan, including Phase II and the future restaurant building pad, 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 off-site landscape and irrigation system shall be installed and maintained by the developer. 27. on-site security lighting shell be arranged ao that direct rays will not shine on adjacent properties ®r produce glare for street traffic. 273 28. A redwood landscape retainer, a minimum of two-inch by six-inch (2" x 6") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 29. The developer shall provide an adequate number of trash enclosures on-site and at a location acceptable to City staff. 30. Parking for the handicapped shall be provided in accordance with State requirements. 31. All parking lot landscape planter boxes shall have a minimum width of six feet (6'). 32. The proposed restaurant building site requires the separate filing of a conditional use permit for review and approval by the City Council. All other Phase II proposals not requiring the filing of a conditional use permit shall be processed through Administrative Design Review. Should construction of Phase II fail to commence within one (1) year of issuance of a Certificate of Occupancy for Phase I. development approval of Phase II shall lapse and become void. Prior to the expiration of said approval, the applicant may request an extension of the approval from the City Council for a period not to exceed one (1) year. 33. 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 Armed Forces Reserve. 34. All areas reserved for Phase II development and the future restaurant site as delineated on the site plan shall be seeded concurrently with installation of Phase I landscaping. Each building pad shall be adequately maintained until development occurs. 35. The Phase II westerly anchor store shall not place truck docks at the southwest building corner as shown on the plan. 36. On-site parking and circulation, including the drive-thru restaurant layout, shall meet with the approval of the City Traffic Engineer. Diagonal parking shall have one-way aisles per City standards. All necessary on-site signing and striping shall be installed and continually maintained by the property owner as shown on the approved grading plan. 37. All transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall not be permitted in the landscaped setback areas. 274 38. 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. 39. The City Council shall maintain the right to review both restaurants' 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. 40. Fees required for improvements are as follows: Engineering plan checking and inspection fee (per Resolution 1713). • Drainage fee for Master Drainage Plan (per Resolution 2287). • Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). ▪ Sanitary sewer reimbursement fee. ▪ Advanced street light energy charges shall be paid (for a one year period). Grading permit fee (per Section 7007 Uniform Building Code). Compaction texts. All applicable Building Department fees. 41. Prior to the completion of an application for any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to the Fire Chief.