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HomeMy WebLinkAboutResolution No. 3227RESOLUTION NO. 3227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87 -9 - 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 establish a restaurant serving Italian food and beer and wine, providing both sit -down and take -out service, at 4552 Lincoln 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: To provide appropriately located areas for establish- ments catering primarily to highway travelers, visitors to the City or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. b. The proposed location of the conditional use and the con- ditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materi- ally injurious to properties or improvements in the vicinity in that: (1) The proposed use is compatible with the neighbor- hood retail uses permitted within the existing shopping center. (2) Adequate onsite patron parking is provided within the shopping center to accommodate the proposed use. (3) The proposed use will not be detrimental to the com- munity 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 attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 13th day of April 1987. ATTEST: CITY CLERK OF CYPRESS MAYOR OF TH CITY OF CYPRE S 77 73 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 13th day of April 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY LE 0 HE CITY 1 CYPRESS 79 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 87 -9 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 <i 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 shall. satisfy all necessary requirements of the State Depart- ment of Alcoholic Beverage Control prior to Conditional Use Permit No. 87 -9 becoming effective. 6. The applicant shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 7. 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. 8. 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 resi- dentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 9. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 10. The restaurant shall provide two restrooms for the use of its patrons, and shall be accessible to handicapped persons. 11. A minimum of two exits shall be required per Section 3303(c) of the 1982 California Uniform Building Code. 12. A one (1) hour occupancy separation wall will be required to adjacent B -2 occupancy business.