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Resolution No. 2915299 RESOLUTION NO. 2915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-9 - 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 2,796 square foot restaurant, with off-street parking and landscaped areas at 4499 Cerritos 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 for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with a residential environment at locations indicated on the General Plan. 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 streets have 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 the development attached hereto will insure that the project will be compatible with the other commercial uses on adjacent properties. (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 13th day of May 1985. ATTEST: (4174-1-2 CITY CLE' OF THE CIT OF CYPRESS MAYOR OF CIT OF CYP17Li5S 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 13th day of May 1985, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Mullen, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Lacayo /ri CI1TY-r 1 CLERK OF THE CITX OF CYPRESS 2 30]. EXHIBIT "A" CONDITIONAL USE PERMIT NO. 85-9 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 Benchmark shall be submitted for approval. A topograph of the area surrounding 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. 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 (.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"). 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 on- site and off-site in accordance with State of California and City of Cypress Public Works Department standards. 5. 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 Manager. 6. Cerritos Avenue and Denni Street shall be fully improved with curb, gutter, sidewalk, driveway, 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. 7. Structural sections for the onsite parking area shall be based on the recommendation and soils report, as required by the Building Department. 8. The quantity, location width, and the type of driveways shall be subject to the approval of the City Engineer. 302 9. All secondary and primary 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 20' of each other shall be covered with a 1" continuous A. C. cap. 10. All requirements of the Orange County Health Department Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 11. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 12. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Department approval prior to any signing installation. The restaurant shall not erect or display on the subject property any sign(s) which have not been approved in writing by the City. 13. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 14. 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. 15. A detailed landscape and irrigation plan shall be submitted to the Planning Department for review and approval at least 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. 16. 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. 17. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 18. 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. 303 19. The developer shall provide an adequate number of trash enclosures on-site and at a location acceptable to City staff. 20. Parking for the handicapped shall be provided in accordance with State requirements. 21. 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 sommissions 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 connecton with the work to be performed under the development executed by the Named Insured and City, includ- ing 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. 22. Fees required for improvements are as follows: 1. Engineering plan checking and inspection fee. (Per resolution 1713). 2. Drainage fee for Master Drainage Plan (Per Resolution 2287). 3. Sanitary sewer connection fee (Per Orange County Sanitation District, No. 3, Resoltion No. 303). 4. Grading Permit fee (per Section 7007 uniform building code). 5. All applicable building department fees.