Resolution No. 3101RESOLUTION NO. 3101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86 -18 - 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 pizza restaurant with the on- premise sale
of beer and wine at 9515 Valley View Street.
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.
To provide a zone designed to protect the public
interest in certain major public developments and
at the same time protect private interests in the
peripheral area thereof by creating an environment
compatible with the purpose of the public development.
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
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 is not located
close to any residential properties.
(5) The on- premise 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 23rd day of June 1986.
ATTEST:
CITY `C
R OF CITYiQF CYPRESS
244
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 23rd day of June 1986, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY" CLERK IF THE C Y
245
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 86 -18
1. All product and material storage shall occur within the building. Exterior
storage is specifically prohibited.
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
or revoke Conditional Use Permit No. 86 -18 should substantiated complaints
be received that the business hours are creating an adverse impact upon
neighboring properties.
4. All requirements of the Orange County Fire Marshall's Office, Cypress
Planning Department, and Cypress Building and Safety Department shall be
satisfied prior to commencement of the business operation.
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 Orange County
Health Department and the State Department of Alcoholic Beverage Control
prior to Conditional Use Permit No. 86 -18 becoming effective.
7. The applicant shall conform to all applicable provisions of the Municipal
Code.
8. All interior alteration work to be done under appropriate building permits
and inspections.
9. The applicant shall provide two handicap accessible restrooms for an
occupant load of 50 or more.
10. No high school student shall be allowed in this establishment during
regular school hours. Regular school hours are defined as: 8 a.m. to
2:30 p.m. except for any student on a minimum day schedule with proper
identification.
11. There shall be no pool tables maintained upon the premises at any time.
12. There shall be no bar or lounge area upon the premises maintained for the
purpose of sale or service of alcoholic beverages directly to patrons for
consumption.
13. The serving of beer and wine shall be incidental to the restaurant use of
the property. Incidental is defined as being less than twenty percent
(20%) of the gross sales for the combined use of the restaurant and the
beer and wine sales.