Loading...
Resolution No. 3369408 RESOLUTION NO. 3369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88 -1 - 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 specialty market with offsite alcoholic beverages within the new Isacc commercial centre at 5735 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: Commercial Heavy Zone To provide appropriately located areas for establishments 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. Lincoln Avenue Combining (Overlay Zone) To promote a revitalization of the commercial areas on Lincoln Avenue and thereby enhance the economic base of the City. To improve the image of the City by providing an aesthetically pleasing environment along Lincoln Avenue. To expand opportunities for the development of identified deep lots by providing a means for the establishment of a variety of urban uses in conjunction with commercial projects. 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) Conditional Use Permit No. 88 -1 shall be permitted only as a specialty market for the sale of Middle Eastern food and related products. (2) Should the business be converted to a general convenience market /liquor store, this conditional use permit shall expire and a new application would be required. (3) Product display area for alcoholic beverages shall not exceed ten percent (10 %) of the gross floor area of the market. (4) Signs advertising the sale of alcoholic beverages shall be prohibited. Specific signage is described in Section 8.A of the City of Cypress Zoning Ordinance. 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 an adjourned meeting held on the 15th day of March 1988. a4,M, afir4019/ ;21t/OF THE CITY OF CYPRESS ATTEST: r 4/ CITY CLERK OF T E- CITY ()F'tYPRESS 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 an adjourned meeting of the said City Council held on the 15th day of March 1988, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Davis, Kanel, and Mullen NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Arnold yr' jr /���% CITY CLERK OF 1HE C Y OF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88 -1 CONDITIONS OF APPROVAL 1. The applicant /developer shall comply with all provisions of the City Code. 2. All applicable conditions of Conditional Use Permit No. 87 -7 shall be complied with prior to occupancy of the subject building. 3. 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 ofthe 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 obtain a Cypress business license prior to commencement of the business operation. 6. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 88 -1 becoming effective. 7. The City Council shall maintain the right to review the specialty store'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. 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 used for emergency exit purpose only. 9. All. requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 10. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 11. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. -2- 12. 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. 13. The applicant shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 14. Conditional Use Permit No. 88 -1 shall not become valid until the hours of operation for the original Conditional Use Permit No. 87 -7 are amended by City Council to allow the subject specialty store to be open beyond the hours originally approved. 15. Conditional Use Permit No. 88 -1 shall be permitted only as a specialty market for the sale of Middle Eastern food and related products. Product display area for alcoholic beverages shall not exceed ten percent (10 %) of the gross floor area of the market. Should the business be converted to a general convenience market /liquor store, this conditional use permit shall expire and a new application would be required. 16. Signs advertising the sale of alcoholic beverages shall be prohibited. Specific signage is described in Section 8.A of the City of Cypress Zoning Ordinance.