Resolution No. 3944RESOLUTION NO 3944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT N0. 91-9 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 for the sale of onsite beer and wine in conjunction with an
existing Chinese food restaurant located at 6940 Katella Avenue in the PC -4
Planned Community 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 to result in a development of a general business
office character which complements surrounding existing and
planned land uses Regulations provide an appropriate amount
of flexibility to anticipate future conditions and to properly
integrate a mixture of office and retail/service commercial
uses
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) This project should not create a substantially adverse
physical change within the effected area including land air
water minerals flora fauna ambient noise and objects of
historic or aesthetic significance
(2) The restaurant is consistent with the Cypress Zoning
Ordinance in that restaurants with onsite beer and wine are
permitted in the PC -4 Planned Community Zone subject to a
conditional use permit
(3) The existing restaurant is an appropriate business to be
located within the existing commercial center and is compatible
with the surrounding commercial uses
(4) The restaurant will be located within a commercial center
designed to provide adequate access and parking for restaurant
patrons
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 91-9 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 10th day of June )991
MAYOR OF THE C TY OF CYPRESS
1
ATTEST
CITY &FO ECITY 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 10th day of June 1991 by the following
roll call vote
AYES 5 COUNCIL MEMBERS Age, Kerry Nicholson, Partin and Bowman
NOES 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS None
/fE
CITY CLERK OTHE CITY
Y OF
F CYPRESS
2
n U
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 91-9
CONDITIONS OF APPROVAL
1 All product and material storage shall occur with the
building. Exterior storage is specifically prohibited.
2 A comprehensive sign program for both building and
freestanding monument signs shall be submitted for Planning
Department approval prior to any signing installation. The
developer shall not erect or display on the subject property
any signs which have not been approved in writing by the
Planning Department.
3 Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
4 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 or
industrial 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
5 Compact parking space aisles shall be denoted as such on the
asphalt as 'Compact Only
6 The applicant shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff
7 The restaurant s business hours of operation activity shall
be limited from 11 30 a.m. to 9 30 p.m. Monday through
Saturday 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
8 The applicant shall satisfy all necessary requirements of
the State Department of Alcoholic Beverage Control prior to
Conditional Use Permit No 91 9 becoming effective
9 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.
Exhibit A
Conditional Use Permit No. 91-9
Conditions of Approval
Page,51"'
10 The applicant shall obtain a Cypress business license prior
to commencement of the business operation.
11 The applicant/developer shall comply with all provisions of
the City Code
12 An expansion or modification of the proposed use beyond what
is approved as part of Conditional Use Permit No. 91-9 shall
require an amendment to the conditional use permit
13. The City Council reserves ongoing jurisdiction over this
conditional use permit Should the operation of the
restaurant create or contribute to a parking problem within
this center the City Council may at its discretion, revoke
or modify this conditional use permit and/or require a
reduction in the restaurant s seating capacity
14 within forty-eight (48) hours of the approval of this
project the applicant/developer shall deliver to the
Planning Department a check payable to the County Clerk in
the amount of Twenty -Five Dollars ($25 00) County
administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and
Game Code Section 753 5 with the Notice of Determination
required under Public Resources Code Section 21152 and Title
14 of the California Code of Regulations 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 5/28/91