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Resolution No. 3167RESOLUTION NO. 3167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -30 - 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 Papa Joe's Delicatessen and Convenience Market with the onsite and offsite sale of beer and wine at 5961 Cerritos 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 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 retail uses permitted within the existing shopping center. (2) Adequate onsite patron parking is provided 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 rear door of the subject lease space is to be closed at all times. 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 November 1986. ATTEST: CITY CLERK OF Tf 'CITY CYPRESS MAYO THE I Y OF YPRESS 443 444 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 November 1986, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None <-' CITY'CLERK 0 2 CITY' OF CYPRESS 445 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 86 -30 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 Depart- ment. 3. The City Council shall maintain the right to review the business hours of operation and may, subject to a public hearing, limit the business hours or revoke Conditional Use Permit No. 86 -30 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 Marshal'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 commence- ment 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 -30 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. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from 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. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 12. The rear access door to the business premises facing the alleyway and adjoining single- family residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only.