Resolution No. 1959•
RESOLUTION NO 1959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO 78-1 -
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 restaurant including
the on-site sale of alcoholic beverages at 4320 Lincoln 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 is
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 proposed use will be compatible with other uses established
within the adjacent shopping center and along Lincoln Avenue in
general and the conditions imposed and setbacks required
are designed to insure that the operation will not prove detrimental
to any adjacent use
2 The adjacent arterial highway has more than adequate capacity
to accommodate the increased vehicular traffic anticipated to
be generated by this use
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 27th day of February, 1978
ATTEST
MAYOR OF THE 141i OFCYPRESS
CITY CLE
0 THE CI OF CYPRESS
232,
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 27th day of February, 1978, by the following
roll call vote
AYES: 5 COUNCIL MEMBERS Evans, Lacayo, MacLain, Sonju and Hudson
NOES 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS None
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CITY CLERK 0 T
OF CYPRESS
L
234:.
EXHIBIT 'A"
CONDITIONAL USE PERMIT NO 78-1
1 Developer shall conform to all applicable provisions of the City Code
Plan checking and inspection fees shall be paid in accordance with
City of Cypress Resolution No 1713 The sanitary sewer connection fee
shall be paid by the developer in accordance with Orange County Sanitation
District No 3 Resolution No 303 A cash bond shall be posted for
future street trees and treewells shall be installed according to City
Standards
2 Drainage shall be solved to the satisfaction of the City Engineer
A grading plan shall be submitted for approval A retaining wall per
City of Cypress standards shall be constructed at the property line
where the grade difference is greater than twelve inches (12")
A maximum lot depth of 100 feet shall be allowed to drain onto Lincoln
Avenue If drainage is directed to Lincoln Avenue, drainage culverts
shall be constructed underneath sidewalks to convey all on-site
runoff water to the street Drainage easements shall be granted if
drainage schemes of adjacent lots are modified
3 Soil in planting areas, including trees shall be tested by a qualified
agricultural laboratory to determine the organic and chemical amendments
for optimum growth for the plants specified The test results shall
include concentration of nitrogen phosphorus potassium, pH, salinity,
sodium status and boron saturation extract Results of these tests with
recommendations of the agricultural laboratory shall be furnished to
the Public Works Department for approval at least 30 days prior to
the planting date A bond shall be posted by the applicant to guarantee
maintenance of the irrigation system so that it operates in a manner
for which it was designed, and to guarantee maintenance of all plant
materials in a healthy growing condition, free of weeds and litter, for
a period of not less than twelve (12) months to the specifications of.
the City Staff A landscape and irrigation plan shall be submitted for
review and approval by the Planning Commission prior to its installation
A certificate of occupancy shall not be issued for this development
until all landscaping and irrigation is completed in accordance with
plans and specifications as approved by the Planning Commission
4 All secondary and primary utility services shall be underground
5 The existing sewer line running north to south on the lot shall be
relocated or reconstructed to the satisfaction of the City Engineer
6 A permit shall be obtained from the State Department of Transportation
prior to the start of any work on Lincoln Avenue, including proposed
driveway closure All existing public improvements at the development
site which are damaged, cracked, or otherwise below standard shall be
removed and replaced to the satisfaction of the City Engineer
7 An effective sight distance for vehicular traffic shall be maintained
at the intersection of the driveway entrances with Lincoln Avenue No
landscaping will be allowed in the area of the curb returns Adequate
sight distance also shall be maintained with the development at all
driveway intersections to the satisfaction of the City Engineer
8 The trash area proposed on Lot No 12 shall contain an adequate number
of trash bins to service the proposed restaurant and the existing
businesses located within the Lincoln Plaza Shopping Center
9 Copies of recorded easements and other documentation guaranteeing
reciprocal access rights between the Lincoln Plaza Shopping Center and
the subject property and insuring maintenance of the access ways between
the two properties shall be presented to the City for review and approval
by the City Staff
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10 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 All on-site security lighting shall be arranged so that
direct rays will not shine on adjacent properties or produce glare for
street traffic
11 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
12 Parking lot circulation shall be subject to the approval of the City
Engineer The parking layout for the entire center shall be redesigned
to the specifications of the City staff in order to maximize the provision
of off-street parking spaces for the entire development
13 All future wall and freestanding signing is subject to Planning
Commission review and approval prior to their installation
14 The applicants shall comply with all regulations established by the
State of California Alcoholic Beverage Control
15 The restaurant shall be operated in a manner not to disturb adjoining
residential development The hours of operation shall be continually
subject to Planning Commission review and approval
16 Sound attenuation shall be provided to the specifications of a certified
acoustical engineer in order to insure compliance of the operation of the
restaurant with the requirements of the City's Noise Ordinance A copy
of the report and recommendations of the acoustical engineer shall be
transmitted to the City Building Official
17 A revised parking plan shall be submitted to the specifications of the
Planning Director for review and approval by the City Council