Resolution No. 4245RESOLUTION NO. 4245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A REDUCTION
IN THE REQUIRED PARKING FROM THE REQUIRED THIRTY -ONE
SPACES DOWN TO TWENTY -FIVE SPACES.
VARIANCE NO. 93 -11
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the Zoning
Ordinance of the City of Cypress to allow a reduction in the required parking from the
required thirty -one (31) spaces down to twenty -five (25) spaces located at 10115 Valley View
Street.
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) Exceptional or extraordinary circumstances apply to the property which
do not apply generally to other properties in the same zone.
(b) The granting of the variance will not constitute the granting of a special
privilege inconsistent with the limitations on other properties in the vicinity classified
in the same zone.
(c) The granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 93 -11, subject to the conditions set forth
in Exhibit "A" attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of October , 1993.
ATTEST:
,74,4,yy1,61/Ae'
MAYOR OF THE CI' ' CYPRESS
CITY CLERK OF THE OITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
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22 . C
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 12th day of October , 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLER K OF H ITY C OF CYPRESS
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EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -8
AND
VARIANCE NO. 93 -11
CONDITIONS OF APPROVAL
1. The applicant /developer shall comply with all provisions of the City Code.
2. The property shall be maintained free of the accumulation of trash and debris.
Trash and debris associated with the permitted uses are to be stored solely in
designated trash enclosures.
3. The applicant shall install a sign at the first menu board instructing the driver of the
vehicle to proceed to the ordering menu board as soon as the previous vehicle
proceeds to the pay window. Prior to the installation of this signage, the applicant
shall submit sign plans to the Planning Department for their approval.
4. 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.
5. Maintain minimum four foot (4) wide walkway at north end of playland area.
6. The exterior of the children's playland must be fenced. The fencing should be
decorative, such as wrought -iron and must be a minimum of seven (7) feet high and
no more than nine (9) feet high. The fence may not be made of any solid materials
that would restrict the surveillance of the playland from the parking lot area.
7. The gate to the playland area must have a locking device that can be secured to
restrict access from the exterior, but will allow emergency exiting from the interior.
The gate should be the same height as the perimeter fence.
8. The gate to the playland area will be locked at all times that the restaurant is closed
for business.
9. The playland area will be lighted during the hours of darkness while the business is
open for operations. It is recommended that the lights be photo -cell activated to
ensure that the playland area always provides sufficient lighting. Lighting should be
approved by the police department prior to final inspection.