Resolution No. 2593142
RESOLUTION NO. 2593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 82-16
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 thc provisions of Section 17.2 of the Zoning Ordinance of
the City of Cypress to construct a drive-thru service window at the existing
Taco Bell Restaurant, 5619 Ball Road.
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 thc zone in
which the site is located is:
Intended as an area for the location of retail and wholesale
commercial activities.
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) Additional landscaping will be installed to help reduce
any adverse impacts upon adjoining homeowners which might
be created by the addition of the drive-thru service.
(2) Conditions have been imposed in the conditional use permit
to help reduce existing adverse impacts upon adjoining
home owners such as redirecting parking lot security
lighting and repair of existing perimeter block wall.
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 December 1982.
ATTEST:
oa F<,
crry CLERK O1�Tin, (GI
'Je
OF CYPRESS
STATE OF CALIFORNIA ) 55
COUNTY OF ORANGE )
0P4-
M TIIE C YelreRESS
et//
DARRELE hSSI1X, City Clerk of the City of Cypress, DO HEREBY 0121.1
that the foregoing Resolution was duly adopted at a regular meeting; of aa.•
said City Council held on the 13th day of Dcccmber 1982, 3P the rol owi
roll call vote:
AYILS: S COUNCIL MEMBERS: Coronado,
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL. MI9113I!125: None
1, Mullen, Partin.
C n��
/-
CITY CLERK OF THE CITY OF CYPRES
143
T "A"
CONtIIt IONAI, UNE GERM IT NO. 82-1b
1. The npplidntit shall submit a revised It plan to the satlsfact ion of City
staff, reflecting the following modifications:
A, insta1lntion of a minhinmi thirty-five font (35') outside turning radio:.
drive=thru
B. A minimum twenty-four fout (24') wide drive aisle for two-way truffle
to the rear of the site.
C. An eight foot ($') section of depressed curb and gutter in the drive
approach shall be removed and replaced due to excessive crocking and
settlement. A $300 00 cash bond shall be posted to guarantee said
work.
Installation of landscape planters in the area of the menu board and
J minimum five foot (5') wide planter the fo1l length on the cast
side of the drive-thru,
2. A landscape and irrigation plan shall be submitted for approval by the
City and is bond posted by the applicant to guarantee against any defects
in plant Materials and workmanship. A soils report for all planting
ureas, by a qualified agricultural laboratory, shall be submitted to the
Public Works department for approval at least thirty 00) days prim to
planting date. Test results shall include concentration of nitrogen,
phosphorus, potassium, pi, salinity, sodium %tutus, and boron saturation
extract,
3, Wheelchair and handl cap across facilities nha11 be Installed onsite in
accordance with State of Cullfornia and City of Cypress Building Depart-
ment standards.
The intercom speaker box shall be located and equipped witha noise
attenuation device, to the satisfaction of City staff, so that noise
shall not he directed towards the single family residences.
5. 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, Adequate signing shall be installed
at the driveways to direct ingress and ogross of vehicles.
b. Parking area and drive=thru lighting shall be directed away from adjoin-
ing residential properties.
The property owner shall provide regular refuse removal from the restau-
rant sito and all adjoining properties that receive litter from the
restaurant patrons,
444
S. The City Council shall maintain the right to review the restaurant's house;
of operation and may, subject to a public hearing, limit the business 1�.,.
should substantiated complaints be received that the business hours cr.
creating an adverse impact upon neighboring properties. This right of
modification shall also include hours of onsite security lighting shoul:i
said lighting either shine or glare onto adjoining residential propel -lit).
9. A minimum three foot (3') wide irrigated landscape planter shall be con-
structed along the cast property lino subject to the final design anrrevai
by City staff and adjoining property owners. Said landscape planter
irrigation system shall be provided with an automatic controller to ins urc
the ongoing healthy condition of plant material.
10. Additional screen landscaping (trees) shall be added to the island (Caere]
area near the drive-thru order hoard subject to the approval of plant.
variety and size by City staff.
11. Parking lot security lighting shall be provided with s+ticlds to Klock
direct lighting or unnecessary glare upon adjoining residential propertic
to the satisfaction of the neighboring property owners.
12. Speed brmrps shall be installed within the parking lot aisle if
necessary to further reduce the speed of onsite motor vehicles.
The applicant shall repair to the satisfaction of the adjoining proper
owners any damage to the perimeter Klock wall which has resulted from the
restaurant patrons. The applicant is also responsible For ongoing repair
of any future damage resulting from restaurant patrons.
11. A maximum of two (2) additional courses of concrete block or, in the event
it 1s found that the existing wall will not accommodate concrete block, ar.
alternative material satisfactory to City staff and the adjoining home
owners shall ho added to the northerly property line block wall if so
requested by the adjoining property owners. The applicant shall obtain all
necessary building permits and construct any wall extensions in accordancc.
with requirements of the Cypress Building and Safety Department.