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HomeMy WebLinkAboutResolution No. 3476 141 RESOLUTION NO. 3476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-23 - 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 for a restaurant with the onsite sale of beer and wine in an existing building at 10949 Meridian Drive. 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: 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 arangement, while ensuring substantial compliance with the provisions of this Ordinance. To provide for a zone encompassing various types of land uses, 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 ) Should the operation of the restaurant create a parking shortage problem within the commercial center, the City Council may require a reduction in the restaurant's seating capacity. (2) The proposed use is compatible with the retail uses permitted within the existing shopping center. (3) The proposed use will not be detrimental to the community since the City Council retains the right to restrict the hours of operation should the Council receive substantiated complaints. (4) The sale of beer and wine is an accessory use to a restaurant operation. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of November 1988. , 4t/2 & i/ YOR,• THE CITY OF CYPRESS 142 ATTEST: CITY CLERK OF THE CY 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 14th day of November 1988;by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Davis, Kanel, Mullen and Arnold:: NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CITY CLERK OF THE CITY OF CYPRESS - 2 - 143 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88-23 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 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 applicant/developer shall obtain the proper address from the Building Division prior to submission for Building permit approval. 6. 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. 7. 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. 8. 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. 23 becoming effective. 9. The applicant shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 10. 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 properties. 144 - 2 11. 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. Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff. 12. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 13. The restaurant shall provide two restrooms for the use of its patrons, and shall be accessible to handicapped persons. 14. 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. 15. Signs shall be composed of individual letters, and sign cabinets will not be permitted. Logos shall not exceed 10 percent of the sign area. Logo size will be considered on an individual basis by the Design Review Committee.