Resolution No. 4176RESOLUTION NO. 4176
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING
A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY
OF CYPRESS TO ALLOW A REDUCTION IN REQUIRED PARKING SPACES.
VARIANCE NO. 93 -1
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the Zoning
Ordinance of the City of Cypress to allow a reduction in required parking spaces from 140
to 119 for a restaurant located in the Meridian Plaza 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) Strict or literal interpretation of the specified regulations may deprive
the applicant of privileges enjoyed by the owners of other properties because the
previously proposed restaurant, in the same lease space, was approved with a parking
variance, justified by a parking study of the Meridian Plaza Shopping Center.
(b) There are exceptional circumstances due to the fact that surrounding
shopping centers are over parked. Consequently, additional parking spaces are
available which are in close proximity to the proposed business location.
(c) The approval of this variance will not grant the applicant special
privileges since parking studies have been used to grant similar variances.
(d) Parking studies have shown that granting such a variance will not
adversely impact surrounding properties due to the nature of shared parking by
mixed uses with varying peak hours of parking demand.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 93 -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.
ATTEST:
CITY CLERK OF E CI�OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
MAYOR OF THE OF CYPRESS
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
/
CITY CLERK 0
THE OF CYPRESS
333
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.
Exhibit "A"
Conditional Use Permit No. 92 -19 and
Variance No. 93 -1
Conditions of Approval
Page 2 3 7 9
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