Resolution No. 3760RESOLUTION NO. 3760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING WITHOUT PREJUDICE AMENDMENT TO CONDITIONAL
USE PERMIT NO. 79 -4 AND VARIANCE NO. 90 -8
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance and 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 expand the Via Maria Mexican
Restaurant including the onsite sale of general alcohol and to allow the
removal of the existing parking spaces along the wall at the west property
line.
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 variance and the amendment to
conditional use are 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 the variance and the amendment to
conditional use and the conditions under which they 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 proposed restaurant expansion is located in the CG-
Commercial General Zone and is an appropriate land use in that
zone.
(2) The proposed restaurant expansion will comply with all
requirements of the Uniform Building Code and Fire Code, thus,
ensuring public health and safety.
(3) The proposed project complies with all zoning requirements,
except for parking. The subject application included a proposed
parking variance, however, inadequate information was provided to
address the parking variance. Thus, due to the incomplete
information, this finding can not be made.
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 deny without prejudice Amendment to Conditional Use
Permit No. 79 -4 and Variance No. 90 -8.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 29th day of May, 1990.
R OF THE CITY OF CYPRESS
ATTEST:
ACIT E CI 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 29th day of May 1990, by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry, and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Kanel
C 4ER K 0 THE Y OF CYPRESS