Resolution No. 4311RESOLUTION NO. 4311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -9 - 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 update the exterior
facade of an existing Jack -In- The -Box located at 5011 Lincoln Avenue, in the CH Commercial
Heavy Zone.
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:
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 proposed fast food restaurant exterior improvements are
appropriate and consistent with the provisions for the CH Commercial Heavy
Zone and the Lincoln Avenue Redevelopment Plan.
(2) With this conditional use permit, the subject preconditional use will
be in full zoning compliance. The site currently meets minimum required
development standards including access, parking and landscaping.
(3) The restaurant and related improvements will not be detrimental to
the public health, safety and welfare, and in fact, will represent an upgrade of the
site which will benefit surrounding properties.
c. The proposed 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 Conditional Use Permit No. 94 -9, 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 23rd day of May , 1994:
MAYOR OF THE CITY OF CYPRESS
268
ATTEST:
CITY CLERK THE C QTY 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 23rd day of May , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF TIJKCITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -9
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -9 will require an amendment to the conditional use
permit.
3. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review
and approval prior to actually painting the structure.
4. The intercom speaker box for the drive -thru restaurant shall be located and equipped with
a noise attenuation device to the satisfaction of City staff, so that noise shall not be
directed toward adjoining businesses and properties.
5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
6. Final sign plans for the building monument signs shall be submitted for Planning
Department approval prior to any signing installation. The developer shall not erect or
display on the subject property any signs which have not been approved in writing by the
Planning Department.
7. The use of neon lighting shall be consistent with the City's Neon Use Criteria and the
applicant shall enter into a Neon Signage Agreement with the City of Cypress prior to
the issuance of building permits.
8. All walls, fences and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the structure's
structural integrity or appearance.
9. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes,
buckled or cracked surfaces, or raised areas.
• Community Development Department • Planning Division •
270
Exhibit "A"
Conditional Use Permit No. 94 -9
Conditions of Approval
Page 2
10. 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.
11. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface finished materials.
12. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions,
or proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 2100 et seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
13. The applicant shall provide an irrevocable offer of dedication for improvements to
Lincoln Avenue in accordance with the City's Master Plan of Streets. Lincoln Avenue
shall have a total right -of -way width of one hundred and twenty feet (120') with an
additional seven foot (7') wide tree planting and public utility easement, on each side of
the street. The applicant shall post a bond with the City for the estimated cost of future
public improvements.
14. 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.
Effective 5/9/94
• Community Development Department • Planning Division •