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Resolution No. 39151 7 £ RESOLUTION N0. 3915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 91-5 - 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 Chinese restaurant with the onsite sale of beer and wine located in the Pavilion at 10551, 10557 and 10563 Valley View Street within the Cypress Pointe Planned Community PC -5 Planned Community Business Park Zone 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 to accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is Intended to result in a development with a general light industrial/office/retail character which complements surround- ing existing and planned land uses. Regulations provide an appropriate amount of flexibility to anticipate future condi tions and to properly integrate a mixture of light industrial/ office and support commercial land uses Principal land uses for the Business Park classification shall be limited to light industrial office and support commercial uses on the project site The locations of these land uses on the project site will depend upon the needs of the future developer(s) of the property b The proposed location of under which it would be operated to the public health, safety or properties or improvements in the the conditional use and the conditions or maintained will not be detrimental welfare or be materially injurious to vicinity in that. (1) The proposed restaurant is consistent with the uses established for the Pavilion Food Court and Retail Center within the Cypress View Limited Specific Plan (2) The proposed restaurant is an appropriate use within the Cypress Pointe Business Park which has the Business Park General Plan designation (3) The proposed restaurant is compatible with surrounding business park and commercial uses (4) Adequate access and parking will be provided for the restaurant within the parking area allotted for the Pavilion Food Court c The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No 91-5 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 25th day of March 1991.. / at MAYOR OF THE CITY bF CYPRESS ATTEST CIT RK O iRE CITY/OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) SS 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 25th day of March 1991 by the following roll call vote' AYES 4 COUNCIL MEMBERS Kerry, Nicholson, Partin and Bowman NOES 0 COUNCIL MEMBERS None ABSENT 1 COUNCIL MEMBERS. Age CITY CLERK 0 E CITY F CYPRESS 2 17,, 1 '1 EXHIBIT 'A' CONDITIONAL USE PERMIT NO. 91-5 CONDITIONS OF APPROVAL 1 The applicant/developer shall comply with all provisions of the City Code. 2 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. 3 The applicant shall obtain a Cypress business license prior to commencement of the business operation. 4 Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department 5 The project shall meet the requirements of the 1985 Uniform Building, Mechanical, and Plumbing Code, the 1987 National Electric Code the State of California Title 24 Energy and Handicap Code and the City of Cypress Municipal Code. 6 An approved dire suppression system shall be provided for the protection of commercial type food heat processing equipment, as per Uniform Fire Code Section 10 314 7 The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control, such as inspection of the premises, background check of applicant, posting and publishing of under 21 signs, prior to Conditional Use Permit No. 91-5 becoming effective 8. The applicant shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. All signs shall conform to the approved sign criteria. 9 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 businesses within the Pavilion center the business park, and adjacent properties 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 Exhibit A Conditional Use Permit No. 91-5 Conditions of Approval Page 2 1 /" 11 All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 12 The restaurant shall provide two (2) restrooms for the use of its patrons, and shall be accessible to handicapped persons 13 Should the operation of the restaurant create a parking problem within the commercial center the City Council may require, subject to a public hearing, a reduction in the hours of operation and/or the seating capacity of the restaurant 14. Tenant improvements shall be approved by the Building and Fire Department plans review section. 15 Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a check payable to the County Clerk in the amount of One -Thousand -Two -Hundred -Seventy -Five Dollars ($1 275 00) which includes the One -Thousand -Two -Hundred - Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711 4(d)(2) plus the Twenty -Five Dollar ($25 00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075 If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above the approval for the project granted herein shall be void. Revised 3/12/91