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HomeMy WebLinkAboutResolution No. 3328RESOLUTION NO. 3328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87 -27 - 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 allow the operation of a restaurant at 4453 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: This zone is intended for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with a residential environment at locations indicated on the General Plan. 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 use is compatible with the neighborhood retail uses permitted within the exiting 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 community since the City Council retains the right to restrict the hours of operation should the Council receive substantiated complaints. 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 14th day of December 1987. ATTEST: 1 >� CITY CLERKO FTHE CITY, F CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OiF THE CITY OF CYPRESS 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 December 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Davis, Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK 0 THE CITY OF CYPRESS 267 283 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 87 -27 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 shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 6. 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. 7. 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 City staff. 8. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 9. The restaurant shall provide two restrooms for the use of its patrons. 10. The applicant /developer are required to submit electrical and plumbing plans to the Building Department for plan check. 11. The rear access door to the business premises facing the alleyway and adjoining single - family residences shall remain closed during all hours of business operation. Said door shall be designated and and used for emergency exit purposes only.