Resolution No. 2055418
RESOLUTION NO. 2055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-1 -
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 establish, operate and maintain a fast food, drive-
thru restaruant with off-street parking and landscaping at 6101 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 the
zone in which the site is located in is that:
To provide appropriately located areas for office uses,
retail stores, service establishments, and wholesale businesses,
offering commodities and services required by residents of the
City and its surrounding market area.
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 street has 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 development
attached thereto will insure that the project will be compatible
with other commercial uses on adjacent properties and will not
interfere with the privacy of residents in the single-family
area to the north of the subject property.
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 22nd day of January 1979.
ATTEST:
17, le;44
CITY CLmRK OF THE CI OF CYPRESS
MAYOR OF TH
CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
419
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 January 1979, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Lacayo, MacLain, Rowan and Hudson
NOES: 1 COUNCIL MEMBERS: Evans
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF T E CI ' OF CYPRESS
420
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 79-1
1. All future building and freestanding signs are subject to City staff
approval. The building dome sign shall not rotate, blink or flash
in accordance with the Zoning Ordinance requirements.
2. The building area shall be reduced to comply with parking requirements
of one space per 100 square feet of floor area.
3. Drainage shall be solved to the satisfaction of the City Engineer.
A grading plan 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. All on-site drainage conveyed
to the street shall be by means of an undersidewalk drain, per City
standard.
4. A minimum six-foot (6') high block wall, measured from the highest
adjacent grade, shall be constructed along the north property line.
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 per City standards shall be constructed
at a minimum distance of three feet (3') from the base of all block
walls exposed to vehicular traffic.
5. A landscape and irrigation plan shall be submitted for approval by
the City and a bond posted by the applicant to guarantee against any
defects in plant materials and workmanship. A soils report for all
planting areas, by a qualified agricultural laboratory, shall be
submitted to the Public Works Department for approval at least thirty
(30) days prior to planting date. Test results shall include concentra-
tion of nitrogen, phosphorus, potassium, pH, salinity, sodium status,
and boron saturation extract.
6. Wheelchair and handicap access facilities shall be installed on-site
and off-site in accordance with State of California and City of Cypress
Building Department standards.
7. On-site security lighting shall be arranged so that direct rays will
not shine on adjacent properties or produce glare for street traffic.
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. The developer shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction
of the City staff.
8. Ball Road shall be dedicated and fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the Master Plan
of Streets and Highways. The sidewalk, curb, and gutter shall be
constructed to match existing improvements on both sides of this
development.
9. The quantity, location, width, and the type of driveway 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 Ball Road. No landscaping 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.
10. All secondary and primary utility services shall be underground.
The street in front of this development shall be resurfaced with one
inch (1") minimum thickness asphalt concrete from curb to curb if it
is necessary to open cut the street in more than one place. Any open
cut shall be backfilled per City of Cypress Standard No. 110.
11. Street lights and traffic signs shall be installed per City standards.
Necessary fire hydrants shall be installed in accordance with Fire
Department requirements and City standards.
12. Street trees (15 gal.) forty feet (40') on center shall be installed
along streets in conformance to the street tree policy of the Public
Works Department. The type of trees shall be as required under the
Townscape and Urban Design Element of the General Plan.
13. Sewer laterals connecting existing houses at this property shall be
plugged at the property line.
14. In conformance with the City of Cypress Master Plan of Trails, no
parking shall be allowed on Ball Road in front of this development.
15. Left turn access may be eliminated by future construction of a raised
median in Ball Road at the option of the City.
16. The developer shall conform to all applicable provisions of the City Code.
17. The hours of operation of this facility shall be subject to the review
and approval by the City Council. In the event that future problems
arise as a result of this operation, particularly with respect to
juvenile activities, loitering or vandalism, or any similar activities,
the Council may, at its discretion, require the use of a security guard
service to be employed,at the expense of the applicant, to mitigate
said problems and thereby minimize potential adverse impacts on adjacent
properties and residences.
18. The following fees are required for improvements:
a. Engineering plan checking and inspection fees. (Per Resolution No. 1713).
b. Drainage fee for Master Drainage Plan. (Per Resolution No. 1713).
c. Sanitary sewer connection fee. (Per Orange County Sanitation
District No. 3, Resolution No. 303).
d. Advanced street light energy charges shall be paid. (For a one-
year period).
e. All applicable Building Department fees.
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