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Resolution No. 21021 RESOLUTION NO 2102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 79 8 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 restaurant with incidental off-street parking and landscaped areas at 10501 Knott Street 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. This zone is intended for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residence of the neighborhood These shopping centers are intended to be compatible with a residential environment at locations indicated on the General Plan 107 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 streets have 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 the 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 south and west 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' 1111. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of May 1979 ATTEST 614 CITY CLERKD THE CI,PY OF CYPRESS MAK OF THE CITY OF CYPRESS 108 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 14th day of May 1979 by the following roll call vote AYES. 5 COUNCIL MEMBERS: Evans Hudson, Lacayo, MacLain and Rowan NOES 0 COUNCIL MEMBERS None ABSENT. 0 COUNCIL MEMBERS: None L CITY CLc iF THE ITY OF CYPRESS I-71 1 EXHIBIT "A" CONDITIONAL USE PERMIT NO 79 8 o a-41. 4 109 1 The proposed trash area shall be relocated away from adjoining residences to a parking space adjacent to the restaurant building, subject to City Staff approval 2 A maximum two foot high extension shall be constructed along the block wall dividing the subject property from the adjoining residences located at 10541 Knott Street and 6962 Cerritos Avenue, subject to the approval and acceptance of the property owners Overall a minimum 6 foot high wall measured from the highest adjacent grade shall be maintained at all times A six-inch (6") concrete curb per City standards shall be constructed along all landscape planters that are utilized for vehicle wheel stops 3 The developer shall conform to all applicable provisions of the City Code All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied 4 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 provi- ded 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 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 labor atory shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date Test results shall include concentration 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 Commercial 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 8 Cerritos Avenue and Knott Street shall be fully improved with curb, gutter, sidewalk, driveway paving etc in accordance with the Master Plan of Streets and Highways The corner cutoff shall be dedicated to the City of Cypress for roadway purposes 9 All on site AC paving shall have a minimum slope of 1% and concrete gutters shall have a minimum slope of 0 25% 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 10 All driveways shall be a minimum of 30 wide The quantity, loca- tion 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 Knott Street and Cerritos Avenue 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 .4O A11 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 12 Location of food ordering intercom call box shall be subject to City Staff approval Sound attenuation measures recommended by a qualified Acoustical Engineer shall be installed subject to City Staff approval 13 Street lights shall be installed per City standards Traffic signs shall be installed per City Standards Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards 14 The two landmark Palm Trees located within the Knott Street right - of way shall not be removed without approval of the City Staff The applicant shall provide protection for these trees during all stages of construction 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 15 The hours of operation of this facility shall be restricted to the hours of 7 00 a m to 12 midnight 16 Fees Required for Improvements a Engineering plan checking and inspection fee (per Resolution 1713) b Drainage fee for Master Drainage Plan (per Resolution 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) 17 The plot plan submitted for this project may be revised to eliminate the three parking spaces adjacent to and perpendicular to Cerritos Avenue and replaced with landscaping subject to the specifications of City Staff -2