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Resolution No. 3738qw n 3 RESOLUTION NO. 3738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO 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 an amendment to a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to extend the operation of a tanning, toning, and body wrap salon in an existing commercial building located at 10953 Meridian Drive, Suite M. 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 amended 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) Intended to encourage the establishment of compatible industries in areas where it is deemed desirable to provide for limited manufacturing facilities and to establish standards of design and type of use which will enhance the area, be in harmony with the objectives of the General Plan and minimize detrimental effects to the public health, safety and welfare. (2) To designate an area for modern industrial and research developments and commercial uses that can meet high performance and development standards, while benefiting the community through growth, prosperity and providing an increasing supply of citizen employment and services. (3) To allow diversification of specified land uses as they relate to each other in a physical and environmental arrangement, while insuring substantial compliance with the overall goals of the City as identified kin the various elements of the General Plan. b. The proposed location of the amended 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 approval by the City Council is for another one year period only in order to the allow the City an opportunity 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 tanning, toning (exercise machines) and body wrap salon is consistent with the PC -1 Planned Community Business Park Zone 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Conditional Use Permit No. 89 -8, 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 23rd day of April, 1990. ATTEST: CITY LERK 0 TE CI OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS M id R OF THE CITY OF CYPRESS 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 23rd day of April, 1990, by the following roll call vote: AYES: 4 NOES: 1 COUNCIL MEMBERS: Bowman, Kanel, Kerry and Age COUNCIL MEMBERS: Arnold ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK THE C Y OF CYPRESS EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -8 CONDITIONS OF APPROVAL 1. Amendment to 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. Disrobing is 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 maintain a Cypress business license. 8. 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 thee City of Cypress Municipal Code. 9. All tanning beds must be labeled as U.L. approved. 10. 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. 13. Any activity classified under Section 15A Massage Permit is prohibited. Conducting such activity shall require this conditional use permit to become void. r Exhibit "A" ,• JJ Amendment to Conditional Use Permit No. 89 -8 Conditions of Approval Page 2 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 products and material storage shall occur within the building. Exterior storage is specifically prohibited. 17. 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. 18. Tenant improvements shall be approved by the Building and Fire Department plan review section.