Resolution No. 4258RESOLUTION NO. 4258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 93 -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 to operate an
Italian delicatessen (Dominico Deli), including the sale of both onsite and offsite beer and
wine only in the lease space at 6273 Ball Road, within 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 adjacent arterial street has more than adequate capacity to
accommodate the projected volumes of pedestrian and vehicular traffic to be
generated by this use.
(2) A parking study found the commercial plaza contains adequate
off - street parking to accommodate the anticipated number of vehicles which
will be generated by this use.
(3) Public hearing notices were mailed to all property owners within
300 feet without any owner protesting this application.
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. 93 -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 8th day of November , 1993.
MAYOR OF THE CYPRESS
1
ATTEST:
CITY CLERK OF THE CITY OF 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 8th day of November , 1993, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Age
CITY CLER OF THE/CITY OF CYPRESS
2
52
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -9
CONDITIONS OF APPROVAL
1. The applicant /developer shall comply with all provisions of the City Code.
2. In response to the recommendations indicated in the parking study, Park Plaza
owners shall install adequate signage at both access driveways on Ball Road (i.e.,
Private Property, unauthorized vehicles will be towed away at owners expense, etc...),
per the Cypress City Code and the California Vehicle Code, to the satisfaction of
City Traffic Engineer. Such signs should be monitored and periodically enforced.
3. 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.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 93 -9 shall be complied with
prior to occupancy of the subject building.
6. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 93 -9 becoming
effective.
7. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 93 -9 will require an amendment to the conditional
use permit.
8. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
9. Adult supervision (over 21 years of age) shall be maintained on the business premises
at all times.
10. This conditional use permit may be modified or revoked by the City Council should
the Council determine that the proposed use or conditions under which it is being
operated or maintained is detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
11. The applicant shall not erect or display on the subject property any signs which have
not been approved in writing by the Planning Department.
• Community Development Department • Planning Division ■
Exhibit "A"
Conditional Use Permit No. 93 -9
Conditions of Approval
Page 2
12. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
13. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
14. 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.
15. 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.
16. The business hours of operation in relation to truck dock activity shall be limited
from 7 a.m. to 10 p.m. only, on Monday through Friday, and from 9 a.m. to 10 p.m.
on weekends. Late night or early morning deliveries shall be specifically prohibited.
17. The access door to the business premises facing the alleyway and adjoining single -
family residences shall remain closed during all hours of business operation. Said
door shall be designated and used for emergency exit purposes only.
18. 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.
19. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
20. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
Effective 10/25/93
■ Community Development Department • Planning Division ■