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Resolution No. 3534388 RESOLUTION NO. 3534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 87 -34 - 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 an amendment to a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to allow a modification to the parking layout for the Pavilion Food and Retail Shopping Center to reduce the square footage of restaurant use and increase retail use, and to reduce the parking from 154 spaces to 135 spaces as a result of the change in building use. This site is located at the southwest corner of Valley View Street and Cerritos Avenue. 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 amendment to 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 result in a development with a general light industrial /office /retail character which complements surrounding, existing and planned land uses. Regulations provide an appropriate amount of flexibility to anticipate future conditions and to properly integrate a mixture of light industrial /office and support commercial land uses. Principal land uses for the Business Park classification shall be limited to light industrial, office, and support commercial uses on the project site. The locations of these land uses on the project site will depend upon the needs of the future developer(s) of the property. b. The proposed location of the amendment to 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) Adequate access and parking will be provided. A reduction in the maximum allowable restaurant square footage will be required subject to a public hearing in the event parking problems occur. (2) The proposed amendment is compatible with surrounding commercial and industrial uses. (3) The proposed amendment is consistent with the PC -5 Planned Community Business Park Zone No. 5. c. The proposed amendment to 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 amendment to conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council o the City of (+press at a regular meeting held on the 27th day of February 1989. MAYOR OF THE CITY OF CYPRESS ATTEST: 17 A CITY CLARK OF HE 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 27th day of February 1989, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK THE CI' OF CYPRESS 2 369 370 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 87 -34 CONDITIONS OF APPROVAL 1. All applicable conditions of the original Conditional Use Permit No. 87 -34 shall remain valid. 2. The maximum square footage of restaurant space permitted is 10,640. The applicant shall not at any time exceed the maximum allowable square footage. 3. Should parking become a problem, the City can, subject to a public hearing, require a reduction in the maximum allowable restaurant square footage and require additional retail as tenant space becomes available. 4. A revision to Project 8839 -90 grading plan shall be submitted to the City Engineer for approval. 5. The maximum allowable area dedicated for outdoor dining is 1,500 square feet. 6. A reciprocal easement shall be recorded with the County and the agreement filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, trash enclosures, etc. 7. The developer or property owner is required to install one directional sign in the landscaped area immediately to the south of the westerly driveway. The sign shall be approved by the Planning Department under Design Review. 8. A revised site plan to scale (minimum one inch equals 20 feet, zero inches, or other size subject to Planning Department approval) shall be submitted to the Planning Department indicating building, outdoor eating area and parking. The plan shall also indicate all driveways at a minimum twenty -four feet (24'), standard parking stalls nine feet by twenty feet (9' x 20'), and compact parking stalls eight and one- half feet by fifteen feet (8 -1/2' x 15'). 9. The landscaped planter on the west side of the southwesterly most compact stalls shall be a minimum of three and one -half feet (3 -1/2') wide.