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Resolution No. 6327393 RESOLUTION NO. 6327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. 93 -14 FOR THE ADDITION OF ON -SALE GENERAL ALCOHOL SALES AT CAMPUS BILLIARDS 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 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the upgrade of an existing on -sale beer and wine license to an on- sale general alcohol license for Campus Billiards located at 9111 Valley View Street, Suites 107 and 108, within the PC Planned Community Zone and the Lincoln Avenue Specific Plan Area. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. At the public hearing held on August 13, 2012, City Council meeting, the City Council considered the staff report and all information, testimony, evidence and written comments presented during the public review period and at the public hearing. 3. That the City Council hereby finds that: a. The proposed location of the conditional use is not in accord with the objectives of the Zoning Ordinance and the purpose and intent of the PC Planned Community Zone in which the site is located, which is: Intended to permit a compatible mix of land uses, planned commercial developments and business parks, and a variety of housing styles and densities. b. The proposed location of the conditional use permit and the conditions under which it would be operated or maintained will be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity in that: (1) the granting of the proposed amendment, and the liquor license attendant to the same, will result in a deterioration of public safety within Police District No. 16, and for each of the reasons set forth in the report to the City Council from staff and the testimony adduced at the public hearing; and (2) the granting of the proposed amendment, and the liquor license attendant to the same, will result in a deterioration of public safety within the City of Cypress, given the statistical correlation between consumption of the full range of distilled spirits and the commission of crime, and for each of the reasons set forth in the report to the City Council from staff and the testimony adduced at the public hearing; and (3) the granting of the proposed amendment, and the liquor license attendant to the same, will result in a deterioration of public safety within the City of Cypress, given the business plan of the applicant, and the impact of a lack of on -site security personnel, and the offering of "happy hours" with reduced price sales of the full range of distilled spirits, and for each of the reasons set forth in the report to the City Council from staff and the testimony adduced at the public hearing. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby deny Amendment to Conditional Use Permit No. 93 -14. 394 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 13th day of August, 2012. ATTEST: Y44L )Y CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS R OF T; f$ OF CYPRESS I, DENISE BASHAM, 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 13th day of August, 2012, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben CITY CLERK OF THE CITY OF CYPRESS