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Resolution No. 295537t RESOLUTION NO. 2955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERIIIT NO. 85-16 - WITH CONDITIONS. THE CITY COUNCIL OF TLE 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 Cypress Center shopping center located at 6827 Katella Avenue, the northeast corner of Katel la Avenue and Meridian Drive. 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: 1. 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 comu.m;ty planning. 2. 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. 3. To provide for a zone encompassing various types of land uses, such as single-family residential developments, multiple housing developments, professional and administrative 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. 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 facility has been designed to work within the proposed parking and framework of the Center's 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 CRANI 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 22nd day of July 1985. MAYOR O CITY OF CYPRESS ATTEST: f((//OF 7 CT : CITY CCEAK OF H CITY 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 22nd day of July 1985; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Lacayo, Mullen, Partin, and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado /,. CI Y ERK F THE CI OF CYPRESS 2 377 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 85-16 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. 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. 4. The menu board shall be moved twenty-three feet (23') westerly to allow for a minimum of three (3) car stacking capability within the drive-thru driveway. 5. The service and delivery area west of the trash enclosure shall be signed and striped for no parking. 6. A copy of the conditions, covenants and restrictions (C, C, 6 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. 8. The quantity, location width, and the type of driveways shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Meridian Drive. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 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 gallon) 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. Landscaping in public right-of-way shall be maintained by the developer. - 2 379 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 developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 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 City staff. Commercial or industrial developments which adjoin resi- dentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 15. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 16. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 17. 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. In addition, a bond shall be posted with the Public Works Department to guarantee against any defects in plant materials and workmanship. 18. All applicable conditions of Conditional Use Permit No. 84-10 shall be complied with prior to occupancy of the subject building. 19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 20. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 21. Parking for the handicapped shall be provided in accordance with State requirements. 22. 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. 23. 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. 380 - 3 24. 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. 25. The 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. 26. 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. 27. All requirements of the Orange County Fire Marshall's Office, Orange County Health Department and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 28. Fees required for improvements are as follows: Sanitary sewer connection fee (per Orange County Sanitation District, No. 3, Resolution No. 303). Grading permit fee (per Section 7007 Uniform Building Code). All applicable Building Department fees.