Resolution No. 4432 163
RESOLUTION NO. 4432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94-24 - 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 allow the sale of
offsite general alcohol located at 5011 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 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 for neighborhood shopping centers which provide limited retail
business service and office facilities for the convenience of residents of the
neighborhood. These shopping centers are intended to be compatible with
a residential environment at locations indicated on the general plan.
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 proposed addition of general alcohol is consistent with the
objectives of the Cypress Zoning Code and the purpose of the zone in which the
site is located.
(2) The proposed addition of general alcohol is an appropriate use
within the CN Commercial Neighborhood Zone.
(3) The proposed addition of general alcohol is compatible with
surrounding commercial and residential uses.
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. 94-24, 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 9th day of January , 1995.
7/14, (Mayor Pro Tern)
MAYOR OF THE CITY OF CYPRESS
ATTEST:
Z-771
CITY CLERK F THE ITY OF CYPRESS
4
- 1 -
164
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 9th day of January , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Bowman
NOES: ° COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CITY LERK O THE ITY OF CYPRESS
- 2 -
165
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94-24
CONDITIONS OF APPROVAL
1. The applicant shall comply with all provisions of the City Code.
2. The applicant shall comply with all necessary requirements of the State Department of
Alcoholic Beverage Control, such as inspection of the premises, background check of the
applicant, posting and publishing of "under 21" signs, prior to Conditional Use Permit No.
94-24 becoming effective.
3. The applicant shall not erect or display on the subject property any signs which have not been
approved in writing by the Planning Department. All signs shall conform to City standards.
4. Should substantiated complaints be received, the City Council shall maintain the right to
modify or revoke this conditional use permit in the event it is determined that the use or the
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.
Modifications to the use may include, but not be limited to, the restriction of the hours of
operation and/or the sale of alcoholic beverages other than beer or wine.
5. Within forty-eight hours of the approval of this project, the applicant 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 Notice of Exemption
in accordance with Fish and Game Code Section 753.5, required under Public Resources
Code Section 21152 and Title 14 of the California Code of Regulations. If, within such
forty-eight hour period, the applicant has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
6. The applicant shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or proceedings
against the City or any agency thereof, or any of its agents, officers or employees, to attack,
set aside, void or annul, an approval of the City, or any agency thereof, advisory agency,
appeal board, or legislative body, including actions approved by the voters of the City,
concerning the project, which action is brought within the time period provided in
Government Code Section 66499.37 and Public Resources Code Division 13, CH. 4(§ 2100
et seq. - including but not by way of limitation § 21152 and 21167). City shall promptly
notify the developer of any claim, action, or proceeding brought within this time period. City
shall further cooperate fully in the defense of the action and should the City fail to either
promptly notify or cooperate fully in the defense of the action the applicant shall not
thereafter be responsible to defend, indemnify, or hold harmless the City.
Effective 01/09/95
Community Development Department • Planning Division