Resolution No. 2573105
RESOLUTION N0. 2573
A RESOLUTION OF THE CI'T'Y COUNCIL OF THE CITY OF
CYPRESS APPROVING AMENDMENT NO. 2 TO CONDITIONAL
USE PERMIT NO. 77-14 - WITH CONDITIONS.
TIIE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an Application was filed for a second amendment to Conditional
Use Permit No. 77-74 in accordance with the provisions of Section 17.2 of the
Zoning Ordinance of the City of Cypress to allow the 24-hour daily operation
of a fast food, drive-thru restaurant at 5981 Orange Avenue, Cypress.
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 in is:
To provide appropriately located ureas for office uses, retail
stores, service establishments, and wholesale businesses,
offering commodities and services required by residents of the
City and its surrounding market arca.
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)
Specific conditions were imposed by the City Council
requiring acoustical attenuation of the drive-thru
speaker intercom, thereby reducing the noise impact
upon adjoining residential properties.
(2) The City Council will maintain the right to review the
restaurant's hours of operation and may restrict said
hours if necessary to protect the privacy of adjoining
residents.
(3)
The property owner has agreed to construct certain
modifications to the adjoining residential property
at 5971 Orange Avenue in an effort to reduce the
potentially adverse noise impact upon this property.
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 October 1982.
ATTEST: 1IAYOR OF THE CITY OF CYPRESS
a„HC T
CITY CLERK OF THECITY OAF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 October 1982; by the following
roll call vote:
AYES: 5 COUNCIL ML'IBEMSCoronado, Lacayo, Partin, Rowan, and Mullen
NOES: 0 COUNCIL 1IEiIBERS: None
ABSENT: 0 COUNCIL DUMERS: None
'77,;)V/ce //ee
CITY CLERK OF THE CITY OF CYPRESS
1a€
EXIIIBIT "A"
AMENDMENT NO. 2 'ID CONDITIONAL USE PERMIT NO. 77-14
The property owner shall relocate the restaurant drive-thru speaker
intercom in accordance with recommendations to be made by an acoustical
engineer, subject to City Staff rcvicw and approval. Additionally, the
intercom system shall have volume controls to lower voice output during
late evening and early morning hours.
2. Parking area lighting shall be directed away from adjoining residential
properties, as requested by the neighbors at 5971 Orange Avenue,
5952 Lime Avenue, and 9462 Lime Circle.
3. The concrete block wall along the north and west property lines shall
be increased in height if it is necessary to mitigate adverse late
evening and early morning noise from the subject restaurant. Upon
rcvicw of the project site by the acoustical engineer, City Staff shall
determine the necessity for wall extensions.
4. The property owner shall provide regular refuse removal from the restau-
rant site and all adjoining properties that receive litter from the
restaurant patrons.
5. A revised site plan shall be submitted subject to City Staff approval
reflecting the following modifications:
Remove the 6 -inch concrete curb barrier along the northerly side
of the drive-thru lane and replace with pavement striping.
b. Relocate the new trash enclosure a minimum of 20 feet from any
residentially zoned property or utilize the existing trash enclosure
with modifications.
6. The two masonry columns supporting the westerly side of the drive-thru
canopy shall be replaced by a solid wall structure to reduce the adverse
impact of business noise upon the adjoining home owner.
7. A comprehensive signing program shall be submitted to City Staff for
review and approval which shall include all proposed structural and
freestanding signs on the property.
8. 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
extended business hours are creating an adverse impact upon neighboring
properties. This right of modification shall also include hours of onsite
security lighting should said lighting either shine or glare onto
adjoining residential properties.
9. The property owner shall satisfy all requirements agreed upon with the
adjoining property owner at 5971 Orange Avenue as detailed in a letter
to Mayor Gerald Mullen dated October 21, 1982 on file in the Community
Development Department.