Resolution No. 3561356/ 1
RESOLUTION NO. 3561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 89 -5 - 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 Japanese Sushi restaurant with the onsite sale of
beer and wine at 9111 Valley View Street.
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 restaurant is consistent with the Cypress Zoning
Ordinance in that restaurants with onsite beer and wine are
permitted in the CH Commercial Heavy Zone, subject to a conditional
use permit.
(2) The restaurant is an appropriate business to be located
within the existing commercial center, and is compatible with
surrounding commercial uses.
(3) The restaurant will be located within a commercial center
designed to provide adequate access and parking for restaurant
patrons.
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 Cypress at a
regular meeting held on the 24th day of April 1989.
MAYOR 1' THE CITY OF CYPRESS
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(7! - 2-
ATTEST:
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 24th day of April 1989, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
�CITY CLERK OF TH E TY
OF CYPRESS
467
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 89 -5
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,
Orange County Health Department, and Building and Safety
Department shall be satisfied prior to commencement of the
business operation.
3. The applicant shall obtain a Cypress business license 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. The project shall meet the requirements of the 1985 Uniform
Building, Mechanical, and Plumbing Code; the 1987 National
Electric Code; the State of California Title 24 Energy and
Handicap Code; and the City of Cypress Municipal Code.
6. An approved fire suppression system shall be provided for
the protection of commercial type food heat processing
equipment, as per Uniform Fire Code Section 10.314.
7. The applicant shall satisfy all necessary requirements of
the State Department Alcoholic Beverage Control, such as
inspection of the premises, background check of applicant,
posting and publishing of under "21" signs, prior to
Conditional Use Permit No. 89 -5 becoming effective.
8. The applicant shall not erect or display on the subject
property any signs which have not been approved in writing
by the Planning Department. All signs shall conform to the
approved sign criteria.
9. The City Council shall maintain the right to review the
restaurant'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 businesses within the
shopping center and adjacent properties.
468
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10. All roof mounted equipment, such as heating and air
conditioning units, shall be adequately screened from public
view, subject to the approval of City staff.
11. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
12. The restaurant shall provide two restrooms for the use of
its patrons, and shall be accessible to handicapped persons.
13. Should the operation of the restaurant create a parking
problem within the commercial center, the City Council may
require, subject to a public hearing, a reduction in the
hours of operation and /or the seating capacity of the
restaurant.
14. Tenant improvements shall be approved by the Building and
Fire Department plans review section.