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Resolution No. 3156RESOLUTION NO. 3156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -27 - 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 restaurant with the on- premise sale of beer and wine at 10205 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. 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 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 27th day of October 1'86. ATTEST: CITY CLERK OF / / -1 HE CITY F CYPRESS MA OF CYPRESS 415 416 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 27th day of October 1986, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Kanel, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mullen CITY CLERK OF THE QITY OF CYPRESS 417 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 86 -27 1. All requirements of the Orange County Fire Marshal'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 Depart- ment. 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 - -27 becoming effective. 5. 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. 6. The applicant /developer shall comply with all provisions of the City Code. 7. The applicant shall obtain all the necessary permits for tenant improve- ments as required by the City of Cypress Building and Safety Department. 8. The commercial size trash bin shall be emptied a minimum of two (2) times per week. 9. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 10. 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 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. 11. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 12. The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. 13. The service door located on the west side of the building shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only.