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
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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.