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Resolution No. 3750RESOLUTION NO. 3750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -7 - 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 locate a liquor store with offsite sales of general alcoholic beverages at 5531 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 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 conditional use permit requesting the offsite sale of general alcoholic beverages will not add to the proliferation of offsite alcoholic beverage sales along the Lincoln Avenue corridor and nearby properties because the subject site has maintained a liquor store use for approximately forty (40) years. (2) The liquor store use was approved with sufficient conditions to ensure compatibility of the uses with surrounding properties. (3) The City Council maintains the right to review the hours of operation and may, subject to a public hearing, modify them if substantiated complaints are received. 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. 90 -7, 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 14th day of May, 1990. AY R OF THE CIT OF CYPRi ATTEST: CITY "C HE" 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 14th day of May, 1990, by the following roll call vote: AYES: NOES: 4 COUNCIL MEMBERS: Bowman, Kanel, Kerry and Age 1 COUNCIL MEMBERS: Arnold ABSENT: 0 COUNCIL MEMBERS: None -/4 CITY CLERK THE C Y OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -7 CONDITIONS OF APPROVAL 1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 88 -5 becoming effective. 2. The Cypress City Council shall maintain ongoing jurisdiction over the hours of operation with the right to review or limit the hours of operation should this use become detrimental to surrounding businesses or properties. 3. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 4. The applicant shall meet all requirements of the Orange County Fire Marshal's Office, the Orange County Health Department and the Cypress Building Department. All necessary building and electrical permits shall be obtained prior to interior remodeling. 5. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. 6. All storage shall occur within the building. Exterior storage is specifically prohibited. 7. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 8. The applicant shall comply with all provisions of the Building Code. 9. The conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or the conditions under which it is being operated or maintained is detrimental to the public health, safety or welfare, or is materially injurious to properties or improvements in the vicinity. 10. All applicable conditions of approval shall be complied with prior to Conditional Use Permit No. 88 -5 becoming effective. 11. Tenant improvement work shall be done with benefit of a building permit issued by the Cypress Building Department. 12. The hours of operation for the liquor store shall be limited to between 8:00 a.m. and 8:00 p.m., as proposed by the business owner.