Resolution No. 4028RESOLUTION NO. 4028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-22 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 establish a
European gourmet food mini -market to be located within the Cypress Square Center at
4955 Lincoln Avenue, in the CH -10,000 Commercial Heavy 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 provide appropriately located areas for establishments
catering primarily to highway travelers, visitors to the City or such
businesses or uses where direct access to major arterial highways is
essential or desirable for their operation.
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 project involves no potential for adverse effect, either
individually or cumulatively, on wildlife because the proposed market will
operate within a lease space within an existing commercial center.
(2) The proposed commercial use is consistent with the City of
Cypress General Plan land use designation of heavy commercial.
(3) The proposed commercial use is consistent with all provisions of
the City of Cypress Zoning Ordinance, including permitted land uses and
parking standards.
(4) The proposed commercial use is compatible with surrounding land
uses.
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. 91-22, 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 13th day of January 1992.
MAYOR OF THE CITY OF CYPRESS
Al IEST
/ /!
CITY CLERK OF E CITYOF 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 13th day of January 1992, by the following roll call vote:
AYES. 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES. 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
7
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EXHIBIT 'A
CONDITIONAL USE PERMIT NO. 91-22
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. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 91-22 becoming
effective.
6. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
7 Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
8. Conditional Use Permit No. 91-22 shall be permitted only as a Gourmet European
specialty food store. Product display area for beer and wine shall not exceed fifteen
percent (15%) of the gross floor area of the market. Should the business be
converted to a seneral convenience market/liquor store, this conditional use permit
shall expire subject to a public hearing and a new application shall be required.
9 Signs advertising the sale of alcoholic beverages shall be prohibited. Specific
signage is described in Section 15.H of the City of Cypress Zomng Ordinance.
10. Business hours of operation shall be from 9 a.m. to 9 p.m. Monday thru Saturday
and 9 a.m. to 4 p.m. on Sundays. A modification of the hours of operation would
require an amendment to this conditional use permit.
11. The City Council shall maintain the right to review the mini -market's hours of
operation and deliveries and may, subject to a public hearing, limit the business and
delivery hours should substantial complaints be received that the business hours
and/or deliveries are creating an adverse impact upon neighboring businesses
within the shopping center and adjacent properties.
12. The rear door (east) shall be utilized as a fire exit only. Access for patrons shall be
from the entrance located on the south side of the building.
13. Should substantiated complaints be received regarding noise and/or business
related nuisances, the City Council may, subject to a public hearing, modify or
revoke the conditional use permit.
Revised 12/18/91