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Resolution No. 6187 208 RESOLUTION NO. 61.87 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-08 - 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 4.19.070 of the Zoning Ordinance of the City of Cypress to approve an offsale beer and wine license for the Walgreens drug store on the property located at 6006 Lincoln Avenue within the PC Planned Community Zone, 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 May 24, 2010, 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. 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.and intent of the PC Planned Community Business Park Zone in which the site is located, which is: Intended to provide the opportunity for design and development of integrated master-planned projects in areas of the City which may benefit from special design standards and to permit a compatible mix of land uses. b. The proposed off-site sale of beer and wine will be consistent with the goals, policies, and objectives of the City of Cypress General Plan, as updated in 2001. c. The proposed off-site sale of beer and wine is consistent with the uses permitted in the PC Planned Community Zone in that: (1) The proposed sale of beer and wine is consistent with the list of uses permitted in the Lincoln Avenue Specific Plan. (2) The proposed sale of beer and wine would provide a public convenience and necessity for citizens of the City and the surrounding area. (3) Sufficient access and parking will be provided for the project site. (4) The applicant will be required to comply with all applicable provisions of the Cypress Zoning Code related to alcoholic beverage sales. d. The proposed use, as conditioned, will be consistent with the provisions of the Lincoln Avenue Specific Plan and the Cypress Zoning Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Conditional Use Permit No. 2006- 08, subject to the conditions attached hereto as Exhibit "A". -1- 209 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of May, 2010. MAYO OF THE CITY OF CYPRESS ATTEST: laelt,UOL CITY CLERK OF THE CITY OF CYPRESS . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 24th day of May, 2010, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None MLOCe- CITY CLERK OF THE CITY OF CYPRESS -2- 210 EXHIBIT "A" Amendment to Conditional Use Permit No.2006-08 Off-Sale Beer &Wine 6006 Lincoln Avenue CONDITIONS OF APPROVAL Bolded conditions represent those specific to this project. GENERAL CONDITIONS 1. Unless and until the project applicant and property owner sign and return a City-provided affidavit accepting these conditions of approval, there shall be no entitlement of the application. The project applicant and property owner shall have fifteen (15) calendar days to return the signed affidavit to the Community Development Department. Failure to do so will render City Council action on the application void. 2. The developer 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 (§ 21000 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, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 3. The developer's contractor shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty(30) day cancellation notice to the City of Cypress. 4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress 5. All applicable conditions of Amendment to Conditional Use Permit No. 2006-08 shall be complied with prior to the sale of any alcohol onsite. • Community Development Department •Planning Division • 211 Exhibit "A" Page 2 • Amendment to Conditional Use Permit No. 2006-08 Conditions of Approval • 6. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk- Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,Title 14, section 753.5. If, within such forty-eight (48) hour period, the applicant/developer has not delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. COMMUNITY DEVELOPMENT CONDITIONS 7. Any expansion or modification of the approved use beyond what is approved as part of Amendment to Conditional Use Permit No. 2006-08 will require an amendment to the conditional use permit. 8. Adult supervision (over 21 years of age) shall be maintained on the business premises during business hours. 9. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Amendment to Conditional Use Permit No. 2006-08 becoming effective. 10. The exterior of the building and parking lot shall contain adequate on-site security lighting to discourage loitering. The lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 11. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 12. This conditional use permit may be modified or revoked by the City Council if substantiated complaints are received, or if the City Council determines that the proposed use or 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. 13. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Amendment to Conditional Use Permit No. 2006-08 becoming effective. A copy of the type 20 offsale beer & wine license shall be provided to the City prior to the sale of beer and wine. 14. The hours of operation shall be limited from 8:00 a.m. to 10:00 p.m., seven days a week. Effective: 5-24-2010 • Community Development Department •Planning Division • •