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Resolution No. 3684RESOLUTION NO. 3684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE RENEWAL AND MODIFICATION OF CONDITIONAL USE PERMIT NO. 88 -31 - 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 the renewal and modification of the conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to renew Conditional Use Permit No. 88 -31 and modify the operating hours to be between the hours of 9:00 a.m. and 12:00 p.m. Sunday through Thursday and 9:00 a.m. and 1:00 a.m. Friday and Saturday of the Western Video Arcade located at 9111 Valley View Street and Lincoln Avenue in the CH -10000 Commercial Heavy Zone. 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 renewal and modification 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 renewal and modification of the conditional use and the amended 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 renewed and amended operation of the video arcade is consistent with the City of Cypress Zoning Ordinance regarding uses permitted in the CH -10000 Commercial Heavy Zone. (2) The renewed and amended operation of the video arcade is compatible with surrounding uses since it is located in an area bounded by commercial uses. (3) The amended conditional use permit shall expire three years from the date of issuance. Prior to the expiration date, the applicant may file a request for renewal. (4) Should the Cypress Police Department have c:ubstantiated concerns, this matter shall be subject to modification or termination, subject to a public hearing before the City Council. c. The proposed amended conditional use will comply with each of the applica le 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 the renewal and modification of Conditional Use Permit No. 88 -31, 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 22nd day of January 1990. Y R OF THE CIT KC RLSS ATTEST: CITY CL K OF HCITY 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 22nd day of January 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bowman, Kanel, Kerry and Age NOES: 1 COUNCIL MEMBERS: Arnold ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK F HE CITY QP CYPRESS EXHIBIT "A" RENEWAL OF AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -31 REVISED 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 shall be complied with prior to a Certificate of Occupancy being issued. 3. 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. 4. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 5. Two exits will be required to meet the requirements of Section 3303, 1985 Uniform Building Code. 6. Exit signs shall be illuminated per Section 3314, 1985 Uniform Building Code. 7. The exit door swing to be in accordance with Section 3304(b) of the 1985 Uniform Building Code. 8. Landings at exit doorways shall be provided per Section 3304(i) of the 1985 Uniform Building Code and State Handicapped Requirements. 9. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 10. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 11. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 12. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. n „ Exhibit "A" i.k)uRenewal of and Amendment to Conditional Use Permit No. 88 -31 Revised Conditions of Approval Page 2 13. The video arcade hours of operation shall be between 9 a.m. and 12 p.m., Sunday thru Thursday and 9 a.m. to 1 a.m. Friday and Saturday. The City Council shall maintain the right to review the video arcade'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 are adverse impact upon neighboring properties. 14. A manager, 21 years or older, shall be on the premises during business hours. 15. A security guard shall be on the premises on Friday and Saturday evenings from 6 p.m. to closing. 16. No one under 17 years old shall be permitted on the premises during school hours. 17. The video arcade premises shall be kept neat and clean at all times. 18. The video arcade business shall comply with the City of Cypress Noise Ordinance. 19. No alcoholic beverages shall be sold or brought into the video arcade premises. 20. The City Council shall maintain the right to reopen this Conditional Use Permit for review, should the applicant fail to satisfy the Conditions of Approval or should changes in the business operation indicate the need. 21. This Conditional Use Permit shall expire three (3) years from the date of issuance. Prior to the expiration date, the applicant may file a request for renewal.