Resolution No. 3790115
RESOLUTION NO. 3790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90 -12 - 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 a Mexican restaurant with the onsite sale of
general alcohol located at the southwest corner of Valley View Street and
Cerritos Avenue.
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 the Cypress Pointe Planned Community Business Park.
In addition, the site is intended to provide for the
classification and development of parcels of land as
coordinated, comprehensive projects so as to take advantage of
the superior environment which can result from large -scale
community planning; to allow diversification of land uses as
they relate to each other in a physical and environmental
arrangement, while insuring substantial compliance with the
provisions of this ordinance; and to provide for a zone
encompassing various types of land use, such as single - family
residential developments, multiple housing developments,
professional and administrative office areas, commercial
centers, industrial parks or any public or semi- public use or
combination of uses through the adoption of a development plan
and text materials which set forth land use relationships and
development standards.
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 proposed full- service restaurant is consistent with the
zoning and development standards of the Cypress View Limited
Specific Plan for the PC -5 Planned Community Business Park Zone.
(2) The project is consistent with the related approved
Conditional Use Permit No. 87 -35 for the Pavilion food park.
(3) Adequate access and parking are provided for onsite traffic
and circulation.
(4) The restaurant use is compatible with surrounding Business
Park uses including light industrial, office and commercial
businesses.
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. 90 -12, 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 9th day of July, 1990.
M YO OF THE CITY OF CYPRESS
116
ATTEST:
CITY CLERK or THE CITY /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 9th day of July, 1990, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
7
CITY ERK OF H C
IT OF CYPRESS
117
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 90 -12
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. The applicant shall obtain a Cypress business license 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. The project shall meet the requirements of the 1985 Uniform
Building, Mechanical, and Plumbing Code; the 1987 National
Electric Code; the State of California Title 24 Energy and
Handicap Code; and the City of Cypress Municipal Code.
6. An approved fire suppression system shall be provided for
the protection of commercial type food heat processing
equipment, as per Uniform Fire Code Section 10.314.
7. The applicant shall satisfy all necessary requirements of
the State Department of 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. 90 -12 becoming effective.
8. 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.
9. 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
Pavilion center, the business park, and adjacent properties.
10. All roof mounted equipment, such as heating and air
conditioning units, shall be adequately screened from public
view subject to the approval of City staff.
Exhibit "A"
Conditional Use Permit No. 90 -12
1.l. &onditions of Approval
Page 2
11. All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
12. The restaurant shall provide two (2) restrooms for the use
of its patrons, and shall be accessible to handicapped
persons.
13. 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.
14. Tenant improvements shall be approved by the Building and
Fire Department plans review section.
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