Resolution No. 3511303
RESOLUTION NO. 3511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 88 -31 - 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 video amusement arcade at 9111 Valley View
Street, in the Campus View Commercial Center.
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:
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 video arcade is consistent with the City of
Cypress Zoning Ordinance regarding uses permitted in the CH
Commercial Heavy Zone.
(2) The proposed video arcade is compatible with surrounding
uses since it is located in an area bounded by commercial uses.
(3) The proposed video arcade is located within a retail
commercial center which will provide adequate parking and bicycle
racks for customers.
(4) This conditional use permit shall expire one year from the
date of issuance. Prior to the expiration date, the applicant may
file a request for renewal.
(5) Should the Cypress Police Department have substantiated
concerns, this matter shall be subject to modification or
termination, subject to a public hearing before the City Council.
c. The proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance except for approved
variances or adjustments.
4. The City Council DOES HEREBY GRANT said conditional use permit
subject to the conditions in Exhibit "A" attached.
PASSED AND ADOPTED by the City Council of the City of dress at a
regular meeting held on the 9th day of January 19 ?9.
i
MAYOR OF THE CITY OF CYPRESS
306
ATTEST:
CITY CLERK TH� "CITY
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 9th day of January 1989, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Davis
NOES: 1 COUNCIL MEMBERS: Kanel
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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307
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 88 -31
CONDITIONS OF APPROVAL
1. The applicant /developer shall comply with all provisions of
the City Code.
2. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
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. Utilities shall not be released until all conditions of
approval have been met, to the satisfaction of the Planning
Department.
5. Two exits will be required to meet the requirements of
Section 3303, 1985 Uniform Building Code.
6. Exit signs shall be illuminated per Section 3314, 1985
Uniform Building Code.
7. The exit door swing to be in accordance with Section 3304
(b) of the 1985 Uniform Building Code.
8. Landings at exit doorways shall be provided per Section 3304
(i) of the 1985 Uniform Building Code and State Handicapped
Requirements.
9. The applicant shall obtain a Cypress business license prior
to commencement of the business operation.
10. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
11. The developer shall not erect or display on the subject
property any signs which have not been approved in writing
by the Planning Department.
12. Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
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13. The video arcade hours of operation shall be between 9 a.m.
and 11 p.m., Monday through Sunday. The City Council shall
maintain the right to review the video arcade's hours of
operation and may, subject to a public hearing, limit the
business hours should substantiated complaints be received
that the business hours are creating an adverse impact upon
neighboring properties.
14. A manager, 21 years or older, shall be on the premises
during business hours.
15. A security guard shall be on the premises on Friday and
Saturday evenings from 6 p.m. to closing.
16. No one under 17 years old shall be permitted on the premises
during school hours.
17. The video arcade premises shall be kept neat and clean at
all times.
18. The video arcade business shall comply with the City of
Cypress Noise Ordinance.
19. No alcoholic beverages shall be sold or brought into the
video arcade premises.
20. This conditional use permit shall expire one year from the
date of issuance. Prior to the expiration date, the
applicant may file a request for renewal.
21. The City Council shall maintain the right to reopen this
conditional use permit for review, should the applicant fail
to satisfy the conditions of approval or should changes in
the business operation indicate the need.
22. No one under 17 years of age shall be permitted after 10
p.m. on weekdays.
23. Should the Cypress Police Department have substantiated
concerns, this matter shall be subject to modification or
termination, subject to a public hearing before the City
Council.