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Resolution No. 3486 237 RESOLUTION NO. 3486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-25 - 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 open a Japanese restaurant with onsite sale of beer and wine, located in the Cypress Pointe Food Pavilion at 10545 Valley View Street, Units 7 and 8. 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 to result in a development with a general light industrial/office/retail character which complements surrounding, existing and planned land uses. Regulations provide an appropriate amount of flexibility to anticipate future conditions and to properly integrate a mixture of light industrial/office and support commercial land uses. Principal land uses for the Business Park classification shall be limited to light industrial , office, and support commercial uses on the project site. The locations of these land uses on the project site will depend upon the needs of the future developers of the property. 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 restaurant with onsite sale of beer and wine is consistent with the PC-5 Planned Community Business Park Zone. (2) The proposed project is compatible with surrounding commercial and industrial uses. (3) Adequate access and parking will be provided. (4) The onsite sale of beer and wine is an accessory use to the restaurant. 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 28th day of November 1988., AYO-'OF THE CITY OF CYPRESS 233 ATTEST: A ?( 1LE CITY CEERRK HE 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 28th 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 C Y OF CYPRESS 2 _ 239 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88-25 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 project shall meet the requirements of the 1985 Uniform Building, Mechanical, 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. 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. 88-25 becoming effective. 7. The applicant shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 8. 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. 9. 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. 240 - 2 - 10. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 11. 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. 12. The applicant is required to meet all Building and Fire plan check requirements. 13. The applicant is required to install a hood and duct system.