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Resolution No. 41753 3 RESOLUTION NO. 4175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 92 -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 operate a restaurant with the onsite sale of beer and wine located at 10953 Meridian Drive, Suite 1J, in the PC -1 Planned Community Business Park 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 encourage the establishment of compatible industries in areas where it is deemed desirable to provide for limited manufacturing facilities and to establish standards of design and type of use which will enhance the area, be in harmony with the objectives of the General Plan and minimize detrimental effects to the public health, safety and welfare; to designate an area for modern industrial and research developments and commercial uses that can meet high performance and development standards, while benefiting the community through growth, prosperity and providing an increasing supply of citizen employment and services; and to allow diversification of specified land uses as they relate to each other in a physical and environmental arrangement, while ensuring substantial compliance with the overall goals of the City as identified in the various elements of the General Plan. 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 restaurant is consistent with the uses established for the Meridian Plaza Shopping Center and Retail Center within the PC -1 Planned Community Business Park Zone. (2) The proposed restaurant is an appropriate use within the PC -1 Planned Community Business Park Zone which has the Business Park General Plan designation. (3) The proposed restaurant is compatible with surrounding business park and commercial uses. 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. 92 -19, subject to the conditions attached hereto as Exhibit "A." 1 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 12th day of April , 1993. A'1'1EST: CITY CLERK OF THE 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 April , 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 , 41- CI Y CLE OF THE CITY OF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 92 -19 AND VARIANCE NO. 93 -1 CONDITIONS OF APPROVAL 1. The applicant /developer shall comply with all provisions of the City Code. 2. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 3. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 4. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 5. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 92 -19 becoming effective. 6. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 92 -19 will require an amendment to the conditional use permit. 7. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 8. A comprehensive sign program for both building and freestanding 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. 9. The City Council shall maintain the right to review the restaurant's hours of operation and seating capacity and may, subject to a public hearing, limit the business hours should substantiated complaints be received that the business hours or parking are creating an adverse impact upon neighboring properties. 3 aiibit "A" Conditional Use Permit No. 92 -19 and Variance No. 93 -1 Conditions of Approval Page 2 10. 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 3/22/93