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Resolution No. 3047RESOLUTION NO. 3047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -7 - 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 an Italian restaurant with the on- premise sale of beer and wine at 4013 Orange 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: 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 existing shopping center. (2) Adequate onsite patron parking is pro- vided 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. (4) The subject lease space does not have a rear door opening toward the adjacent residential properties. 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 24th day of February 19$6. ATTEST: ITY IF CYPRESS 139 140 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 24th day of February 1986, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CITY t;LERK (4C,1.7)F CYPRESS 141 EXHIBIT "A" CONDIT'IONAI. USL PLRMIT NO. 86 -7 1. All requirements of the Orange County lire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 2. 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. 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. 4. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 86 -7 becoming effective. 5. All requirements of the Orange County Tire Marshall's Office, Orange County Health Department and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 6. The applicant /developer shall comply with all provisions of the City Code. The applicant shall obtain all the necessary permits for tenant improve- ments as required by the City of Cypress Building and Safety Department. S. Thu trash bin sh;:11 be emptied a minimum of two (2) times per week.