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Resolution No. 3370h ..) � 1 RESOLUTION N0. 3370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 88 -4 - 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 the onsite sale of beer and wine in conjunction with an existing Japanese restaurant and sushi bar in the Cinnamon Square Shopping Center at 6151 Ball Road. 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 as an area for the location of retail and wholesale commercial activities. 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 restaurant's business hours of operation activity shall be limited from 6 a.m. to 10 p.m., Monday through Sunday. 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. (2) The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 88 -4 becoming effective. (3) An expansion or modification of the proposed use beyond what is approved as part of Conditional Use Permit No. 88 -4 shall require an amendment to the conditional use permit. (4) The City Council reserves ongoing jurisdiction over this conditional use permit. Should the operation of the restaurant create or contribute to a parking problem within the Cinnamon Square Shopping Center, the City Council may, at its discretion, revoke or modify this conditional use permit and /or require a reduction in the restaurant's seating capacity. (5) The serving of beer and wine is an accessory use to an existing 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 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. AY','' OF THE CITY OF CYPRESS ATTEST; CITYY CLERK F THE C/J TY 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 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 /12.7 CITY CLERK OF THE CITY OF CYPRESS -2 413 414 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88 -4 CONDITIONS OF APPROVAL 1. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 2. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Department approval prior to any signing installation. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 3. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 4. 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. 5. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 6. The applicant shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 7. The restaurant's business hours of operation activity shall be limited from 6 a.m. to 10 p.m., Monday through Sunday. 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. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 88 -4 becoming effective. 9. 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. 415 2 10. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 11. The applicant /developer shall comply with all provisions of the City Code. 12. An expansion or modification of the proposed use beyond what is approved as part of Conditional Use Permit No. 88 -4 shall require an amendment to the conditional use permit. 13. The City Council reserves ongoing jurisdiction over this conditional use permit. Should the operation of the restaurant create or contribute to a parking problem within the Cinnamon Square Shopping Center, the City Council may, at its discretion, revoke or modify this conditional use permit and /or require a reduction in the restaurant's seating capacity.