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Resolution No. 38273 " 3 RESOLUTION N0. 3827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING AMENDMENT TO CONDITIONAL USE PERMIT N0. 78 -18 THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for an amendment to a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to expand and amend Conditional Use Permit No. 78 -18 to include the offsite sale of general alcohol in addition to the existing sale of beer and wine at 4490 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 amendment to the conditional use permit because it is unable to make the following finding required by the Section 17.2 -7 of the Zoning Ordinance of the City of Cypress: a. The proposed location of the amended conditional use permit 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 convenience market to a liquor store with resulting increase in littering, loitering, and drunk driving. b. The proposed expansion would establish an inappropriate mix of land uses in the vicinity since there are presently a liquor store, a restaurant, and a convenience market with the onsite sale of beer and wine located within a one block area. c. The proposed expansion would establish a liquor store within one hundred feet (100') of a residential zone. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby DENY Amendment to Conditional Use Permit No. 78 -18. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of September, 1990. ATTEST: CITY CLERK OF THE CITY 0 CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) Y R OF THE CITY OF CYPR S 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 10th day of September, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CIT OF CYPRESS