Resolution No. 3564RESOLUTION NO. 3564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 89 -8 - 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 tanning, toning (exercise machines) and body wrap
salon in an existing commercial building at 10953 Meridian Drive, Suite 1M.
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:
(1) To provide for the classification and development of
parcels of land as coordinated, comprehensive projects so as to
take advantage of the superior environment which can result from
large -scale community planning.
(2) To allow diversification of land uses as they relate to
each other in a physical and, environmental arrangement, while
ensuring substantial compliance with the provisions of this
Ordinance.
(3) To provide for a zone encompassing various types of land
uses, such as single - family residential developments, multiple
housing developments, professional and administrative office areas,
commercial centers, industrial parks or any public or semi - public
use or combination of uses through the adoption of a Development
Plan and text materials which set forth land use relationships and
development standards.
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 initial approval by the City Council is for a period
of one year only in order to allow the City an opportunity to
review the project and ensure that it maintains operations as
agreed to in the conditions of approval.
(2) At the one -year review period, the City Council may at its
option approve, deny, or approve with additional and /or amended
conditions to regulate the subject use.
(3) The proposed tanning, toning (exercise machines) and body
wrap salon is consistent with the PC -1 Planned Community Business
Park Zone No. 1 and the Cypress General Plan.
(4) The proposed project is compatible with surrounding
commercial and industrial uses.
(5) Adequate access and parking is provided.
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
THE CITY OF CYPRESS
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ATTEST:
CITY CLE ITY 0 CYPRESS
CLERK OF E C
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: 3
NOES: 1
ABSENT: 0
COUNCIL MEMBERS: Age, Kerry and Kanel
COUNCIL MEMBERS: Arnold
COUNCIL MEMBERS: None
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 89 -8
CONDITIONS OF APPROVAL
1. Conditional Use Permit No. 89 -8 shall expire one (1) year
from the date of City Council approval unless prior to
expiration the conditional use permit is extended by the City
Council after conducting a public hearing.
2. The City Council holds the right to modify or discontinue the
use at any time if substantiated complaints are received.
3. The business activities shall be limited to the following
activities: tanning, toning, exercising, body wrap, and the
sale of beauty supplies. Any direct contact from an
employee's hands to a customer's body is strictly prohibited.
4. No one under the age of 18 shall be employed in the business.
5. The applicant /developer shall comply with all provisions of
the City Code.
6. 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.
7. The applicant shall obtain a Cypress business license prior
to commencement of the business operation.
8. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
9. The project shall meet the requirements of the 1985 Uniform
Building, Mechanical, and Plumbing Codes; the 1987 National
Electric Code; the State of California Title 24 Energy and
Handicapped Code; and the City of Cypress Municipal Code.
10. All tanning beds must be labeled as U.L. approved.
11. The interior of the lease space shall be constructed per
approved Planning Department plans. Any future improvements
or construction of additional walls shall be reviewed and
approved by the Planning Department under Design Review.
12. Showers are prohibited.
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13. Any activity classified under Section 15A Massage Permit is
prohibited. Conducting such activity shall require this
conditional use permit to became void.
14. The applicant shall not erect or display on the subject
property any signs which have not been approved in writing by
the Design Review Committee. All signs shall conform to the
approved sign criteria.
15. The City Council shall maintain the right to review the
business 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.
16. All roof mounted equipment, such heating and air conditioning
units, shall be adequately screened from public view subject
to the approval of City staff.
17. All products and material storage shall occur within the
building. Exterior storage is specifically prohibited.
18. Should the operation of the salon 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 use capacity of the salon.
19. Tenant improvements shall be approved by the Building and
Fire Department plan review section.