Resolution No. 3623RESOLUTION NO. 3623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -17 - 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 allow a beer and wine liquor license at the existing
Gourmet Pie and Pastry Restaurant located within the shopping center at 4139
Bali Road.
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 as an area for the location of retail and wholesale
commercial activities.
b. The proposed location of
under which it would be operated
to the public health, safety or
properties or improvements in the
the conditional use and the conditions
or maintained will not be detrimental
welfare or be materially injurious to
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 CG Commercial General 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 89 -17, subject to
the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 25th day ofSept ber 1989.
F THE CITY OF CYPRESS
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ATTEST:
CITY CLERK OF TH ITY 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 25th day of September 198$ by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITJI OF CYPRESS
1`)
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 89 -17
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 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 -17 becoming effective.
4. 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.
5. 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.
6. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
7. 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.
8. All conditions of Design Review Committee No. 88 -3 shall be
complied with prior to Conditional Use Permit No. 89 -17
becoming valid.
9. Should substantiated complaints be received regarding the
use of alcoholic beverages and /or noise associated with the
alcoholic beverages, the City Council may, subject to a
public hearing, modify or revoke the conditional use permit.