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Resolution No. 3991RESOLUTION NO. 3991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 91-14 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 an acupressure clinic located at 6018 Cerritos Avenue 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) Adequate onsite patron parking is provided within the shopping center to accommodate the proposed use. (2) The proposed use will not be detrimental to the community since the City Council has restricted the business to be for the purpose of acupressure only, which is to be performed only by a licensed acupressure technician. (3) Hours of operation have been limited to 10 a.m. to 9 p.m. daily, with the City Council maintaining the right to review the business hours of operation and limit them subject to a public hearing if substantiated complaints are received that the business hours are creating an adverse impact upon neighboring properties. (4) The subject conditional use permit will expire one (1) year from September 9, 1991, unless prior to that date the conditional use permit is extended by the City Council after conducting a public hearing. (5) Any violation of Federal, State, or Local law shall result in Conditional Use Permit No. 91-14 being subject to revocation procedures as set forth in Section 17.2 12 of the Cypress Zoning Ordinance. 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. 91-14 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 23rd day of September 1991. d �NAwrw- MAYOR OF THE CITY OF CYPRESS Al ZEST CITY CLERK OF THEHE CITY OF CYPRESS 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 23rd day of September 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 2 TYCLEIZK F TH CITY OF CYPRESS EXHIBIT 'A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 91-14 1. The applicant shall comply with all provisions of the Cypress City Code. The subject business shall comply with all requirements of the Cypress City Code, Chapter 15A, or of any law of the State of California regulating massage establishments, massage technicians or massage treatment aides. Any violation thereof shall constitute grounds for revocation of Conditional Use Permit No. 91-14, after conducting a public hearing in accordance with Section 17.2 12 of the Cypress Zoning Ordinance. 2. Any violation of Federal, State, or Local law shall result in Conditional Use Permit No. 91-14 being subject to revocation procedures as set forth in Section 17.2 12 of the Cypress Zoning Ordinance. 3. All requirements of the State of California Department of Consumer Affairs, the Orange County Fire Marshal's Office, the Orange County Health Department, and the Cypress Police and Building and Safety Departments shall be satisfied prior to commencement of the business operation. 4. Conditional Use Permit No. 91 14 shall expire one (1) year from the date of City Council approval unless prior to the expiration the conditional use permit is extended by the City Council after conducting a public hearing. 5. The City of Cypress shall maintain the right to review the busrness s hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints he received that the business hours are creating an adverse impact upon neighboring properties. 6. Signs shall be submitted to the Planning Department for approval. No sign shall be erected or displayed on the subject property without written approval by the Planning and Building Departments. 7 The subject business shall only be utilized for the purpose of acupressure. Such acupressure shall be performed by licensed acupressure technicians. 8. Within forty-eight (48) hours of the approval of this project, the applicant shall deliver to the Planning Department a check payable to the County Clerk in the amount of twenty-five dollars ($25 00) which is the County administrative fee to enable the City to file the Notice of Determination and the De Minimus Fee Exemption Form as required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant has not delivered the to the Planning Department the check required above, the approval for the project granted herein shall be void. 9 The business hours of operation shall be from 10:00 a.m. to 9:00 p.m. only. Any modification to the hours of operation beyond what is approved shall require an amendment to this conditional use permit. Revised 9/9/91