Resolution No. 3518324
RESOLUTION NO. 3518
A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 88 -36.
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 terms of the Zoning Ordinance of
the City of Cypress for the offsite sale of general alcoholic
beverages at 6381 Ball Road.
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 does hereby DENY said conditional
use permit because it is unable to make the following finding
required by Section 17.2 -7 of the Zoning Ordinance of the City of
Cypress:
a. That the proposed location of the conditional use
and the conditions under which it will be operated
or maintained will not be detrimental to the public
health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
This finding could not be made due to the following
circumstances:
a. The proposed offsite sale of general alcohol would
result in a change of the primary land use from a
grocery market to a liquor store with the resulting
increase in littering, loitering, and drunken
driving. Such a change is indicated by a
significant reduction of "grocery" area and the
establishment of a general "alcohol" sales area.
b. The proposed liquor store would be an incompatible
use with surrounding uses due to its proximity of
200 feet from an elementary school and 100 feet from
residential uses.
c. The proposed liquor store would establish an
inappropriate mix of land uses in the vicinity,
since there are presently a tavern, and a pizza
restaurant with onsite sale of beer and wine, within
the same shopping center. In addition, there are
two existing liquor stores on Ball Road between
Holder Street and Valley View Street.
4. Based upon the foregoing findings of fact, the City
Council finds and determines that public interest, convenience
and necessity determine that this application be denied.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 23rd day of nuary
1989.
ATTEST:
CI Y CLER F THE ITY OF CYPRESS
OF THE CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
325
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
January 1989, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCIL MEMBERS: None
ABSENT:0 COUNCIL MEMBERS: None
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CITY -a RK OFETHEZCI OF CYPRESS