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Resolution No. 21858 RESOLUTION NO 2185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 79-19 - 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 allow installation of a vehicle drive-thru service at the existing Kentucky Fried Chicken Restaurant 9041 Valley View Street, Cypress Included within this request is a variance to allow retention of the existing non -conforming pole sign 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 to provide appropriately located areas for establishments catering primarily to highway travelers visitors to the City or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation 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 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 the retention of non -conforming signing approved in accordance with the requested variance based upon the following findings of fact (1) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship. (2) That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone (3) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity 1 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 14th day of January, 1980 ATTEST CITY CLERK OF TH "CITy OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) YOR OF THE CITY OF CYPRES 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 January 1980, by the following roll call vote AYES NOES• 4 COUNCIL MEMBERS: Hudson, Lacayo, MacLain and Rowan 1 COUNCIL MEMBERS Evans ABSENT 0 COUNCIL MEMBERS: None CITY Ene HEit4 OF CYPRESS 2 339 340 EXHIBIT "A" CONDITIONAL USE PERMIT NO 79-19 1 The applicant shall construct the vehicle drive thru service, and landscape areas in accordance with the plot plan submitted with this application to the City Council 2 The applicant shall submit to the Planning Department a land- scape plan indicating treatment of the newly constructed land- scape planters These new planter areas shall be provided with an automatic irrigation system 3 A street excavation permit shall be obtained from the City's Public Works Department prior to the installation of the new driveway apron along the south property line 4 The applicant shall conform with all applicable provisions of the City Code which concern his business 1 1