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Resolution No. 424418 RESOLUTION NO. 4244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -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 to amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to add an exterior children's playland area to the existing McDonald's fast food restaurant located at 10115 Valley View 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 amended 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: Intended as an area for the location of retail and wholesale commercial activities. b. The proposed location of the amended 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 facility will not create adverse impacts on the existing parking or circulation system of the shopping center. (2) Conditions have been imposed which will reduce any possible adverse impacts created by the proposed development. (3) The location of the facility is such that it is not located adjacent to any residential development and, therefore, should not generate any noise related complaints. c. The proposed amended conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Conditional Use Permit No. 88 -8, 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 12th day of October , 1993. 1 MAYOR OF THE CI( ` t3P CYPRESS ATTEST: )d/ CIT CLERK 0 0H F�' CITY OF CYPRESS 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 12th day of October , 1993, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None /472tel CITY CLERK OF THCITY OF CYPRESS 2 20 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -8 AND VARIANCE NO. 93 -11 CONDITIONS OF APPROVAL 1. The applicant /developer shall comply with all provisions of the City Code. 2. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 3. The applicant shall install a sign at the first menu board instructing the driver of the vehicle to proceed to the ordering menu board as soon as the previous vehicle proceeds to the pay window. Prior to the installation of this signage, the applicant shall submit sign plans to the Planning Department for their approval. 4. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall deliver to the Planning Department a check payable to the County Clerk in the amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with the Notice of Determination required under Public Resources Code Section 21152 and Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour period, the applicant /developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void. 5. Maintain minimum four foot (4') wide walkway at north end of playland area. 6. The exterior of the children's playland must be fenced. The fencing should be decorative, such as wrought -iron and must be a minimum of seven (7) feet high and no more than nine (9) feet high. The fence may not be made of any solid materials that would restrict the surveillance of the playland from the parking lot area. 7. The gate to the playland area must have a locking device that can be secured to restrict access from the exterior, but will allow emergency exiting from the interior. The gate should be the same height as the perimeter fence. 8. The gate to the playland area will be locked at all times that the restaurant is closed for business. 9. The playland area will be lighted during the hours of darkness while the business is open for operations. It is recommended that the lights be photo -cell activated to ensure that the playland area always provides sufficient lighting. Lighting should be approved by the police department prior to final inspection.