Resolution No. 358712
RESOLUTION NO. 3587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 89 -9.
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 5177 Lincoln Avenue.
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.
b. The proposed location of the conditional use is in
accord with the objectives of this ordinance and
the purpose of the zone in which the site is
located.
c. The proposed conditional use will comply with each
of the applicable provisions of this ordinance,
except for approved variances.
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
reduction of "grocery" area and the establishment
of a general "alcohol" sales area.
b. The proposed use would generate more pedestrian
traffic along Lincoln Avenue, a busy arterial, in
an area with a building front yard setback which is
less than the setback required by our current
Zoning Ordinance.
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 12th day of June
1989.
MAY OF T CITY CYPRESS
ATTEST:
13
CIT CLER O THE ITY 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 12th day
of June 1989, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Age, Arnold and Kerry
NOES: 1 COUNCIL MEMBERS: Kanel
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE OF CYPRESS