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Resolution No. 3923g In RESOLUTION NO. 3923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 91-6 - 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 onsite sale of general alcohol located at 6197 Ball Road in the CG Commercial General 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 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 restaurant use is consistent with the Cypress General Plan and Zoning Ordinance (2) The proposed restaurant will be operated so as to be compatible with other commercial uses in the Cinnamon Square Commercial Center and nearby residential uses (3) Existing access and parking are adequate to serve the restaurant 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 91-6 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 8th day of April 1991 ,,'a/ MAYOR OF THE CITY OP CYPRESS ATTEST CITY CLER(110(111c/OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss 1 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 8th day of April 1991 by the following roll call vote AYES 4 COUNCIL MEMBERS Kerry Nicholson, Partin and Bowman NOES 0 COUNCIL MEMBERS None ABSENT 0 COUNCIL MEMBERS None ABSTAINED: 1 COUNCIL MEMBERS. Age fV� 4V CITY CLERK OP THE CITY OF CYPRESS EXHIBIT 'A' CONDITIONAL USE PERMIT NO. 91-6 CONDITIONS OF APPROVAL ' 4 J 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 Applicant/developer shall comply with applicable provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes, 1987 National Electrical Code, California Administrative Code Title 24 and the Cypress City 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. 91-6 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 monitor the operation of the restaurant, and may subject to a public hearing, limit the business hours, add additional conditions or revoke the conditional use permit should substantiated complaints be received. 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 (pit "A" Conditional Use Permit No. 91-6 Conditions of Approval Page 2 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. Any changes to exterior architectural elevations shall require a separate review by the Design Review Committee. 15. The patio exit doors on the south and west sides of the building shall be closed during hours of business operation. 16. 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. Effective 3-25-91