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Resolution No. 3570RESOLUTION NO. 3570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -7 - 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 an Oriental Mini - Market with the offsite sale of beer and wine, within the Campus View Center 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: 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 mini - market with offsite beer and wine is consistent with the City of Cypress Zoning Ordinance and the uses typically found in the CH Commercial Heavy Zone. (2) The mini- market with offsite beer and wine is compatible with existing surrounding uses, including restaurants, a video arcade and RV rental /storage facility. (3) The mini - market with offsite beer and wine is located within a commercial center which was designed to provide adequate access, parking and circulation for this use. 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 8th day of May 1989. ATTEST: CITY CLERK OF T'H CITY j' CYPRESS MAYOR 0 THE C TY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 8th day of May 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 THE C Y OF CYPRESS 483 484 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -7 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 Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 3. Utilities shall not be released until all conditions of approval have been ;met to the satisfaction of the Planning Department. 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. 89 -7 becoming effective. 6. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 7. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 8. Conditional Use Permit No. 89 -7 shall be permitted only as an Oriental Specialty Market. Product display area for beer and wine shall not exceed eleven percent (11 %) of the gross floor area of the market. Should the business be converted to a general convenience market /liquor store, this conditional use permit shall expire subject to a public hearing and a new application shall be required. 9. Signs advertising the sale of alcoholic beverages shall be prohibited. Specific signage is described in Section 8.H of the City of Cypress Zoning Ordinance. 10. Business hours of operation shall be from 8:30 a.m. to 11 p.m. A modification of the hours of operation would require an amendment to this conditional use permit. 11. The City Council shall maintain the right to review the mini - markets' hours of operation and may, subject to a public hearing, limit the business hours should substantial complaints be received that the business hours are creating an adverse impact upon neighboring businesses within the shopping center and adjacent properties.