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HomeMy WebLinkAboutResolution No. 3184RESOLUTION NO. 3184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 85 -15 - 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 an amendment to a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordi- nance of the City of Cypress to manufacture frozen desserts as an accessory use to an existing drive -thru dairy located at 6297 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 amendment to 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 amendment to 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 liquid nitrogen tank has been deleted from the approval. (2) Any cooling medium proposed in place of the liquid nitrogen tank shall be approved by the City Council and shall comply with all requirements of the Orange County Fire Prevention Bureau. (3) Hours of operation are limited to 7 a.m. to 9 p.m., Monday through Friday. (4) The proposed use is replacing a similar food process- ing use which did not create any known problems during its operation. c. The proposed amendment to 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 amendment to 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 26th day of January 1987. ATTEST: CITY CLERK OF E CITY CYPRESS 493 494 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 26th day of January 1987, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Coronado, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Davis CITY CLERK OF THE CITY OF YPRESS 495 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 85 -15 1. The developer shall conform to all applicable provisions of the City Code. 2. All existing public improvements at the development site which are damaged due to construction, cracked or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 3. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 4. The north access doors to the business premises facing the adjoining single - family residences shall remain closed during all hours of business operation. 5. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department and Cypress Building and Safety Department shall be satis- fied prior to commencement of the business operation. 6. The applicant shall comply with Article VII, Noise Control, of the Cypress City Code. 7. The applicant shall obtain a City of Cypress business license for the operation of the beverage processing operation. 8. Any remodeling of the existing structure shall comply with applicable build- ing and fire codes. 9. The City Council shall approve as to safety any cooling system prior to installation, and the applicant shall comply with all requirements of the Orange County Fire Prevention Bureau. 10. The applicant shall obtain all necessary permits required for the storage, handling or transporting of any cooling medium prior to placement of the storage vessel. The applicant shall contact Captain Ralph Titus of the Orange County Fire Prevention Bureau, phone (714) 821 -7850 or (213) 431 -5193, for further information. 11. The applicant shall construct a six -foot (6') block wall around equipment located outdoors along the east side of the building to minimize the noise and visual impact on adjacent properties. 12. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 13. The business hours of operation in relation to truck dock activity shall be limited from 8 a.m. to 5 p.m. only, on Monday through Friday. Late night or early morning deliveries shall be specifically prohibited. 14. All applicable conditions of Conditional Use Permit No. 85 -15 shall be complied with prior to occupancy of the subject building. 15. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 496 - 2- 16. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 17. The frozen dessert manufacturing operation shall only be permitted to conduct business between the hours of 7 a.m. and 9 p.m., Monday through Friday. Operation during any other time is prohibited.