Resolution No. 6188 212
RESOLUTION NO. 6188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-05 -
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 off-sale beer and wine license for the Walgreens drug store located on the
property at 5005 Ball Road within the CN Commercial Neighborhood Zone.
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 CN
Commercial Neighborhood Zone in which the site is located, which is:
Intended to provide convenience services, compatible with the
adjacent neighborhood areas.
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 CN Commercial Neighborhood Zone in that:
(1) The proposed sale of beer and wine is consistent with the list
of conditionally permitted uses identified in the CN
Commercial Neighborhood.
(2) Sufficient access and parking are currently provided for the
project site.
(3) The applicant will be required to comply with all applicable
provisions of the Cypress Zoning Code related to the sale of
alcoholic beverages.
d. The proposed use, as conditioned, will be consistent with the
provisions of the Cypress Zoning Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2010-05, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council o e City of Cypress at a regular
meeting held on the 24th day of May, 2010.
MAYO OF THE CITY OF CYPRESS
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ATTEST:
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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
n 10 441 .
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A
Conditional Use Permit No.2010-05
Off-Sale Beer &Wine
5005 Ball Road
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 sec. - 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 Conditional Use Permit No. 2010-05 shall be complied with
prior to the sale of any alcohol on-site.
• Community Development Department •Planning Division •
215
Exhibit "A" Page 2
Conditional Use Permit No. 2010-05
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
Conditional Use Permit No. 2010-05 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 California Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 2010-05 becoming
effective. A copy of the type 20 off-sale beer and wine license shall be provided to the City
prior to the sale of beer and wine.
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 hours of operation shall be limited from 7:00 a.m. to 11:00 p.m. Sunday through
Thursday, and from 7:00 a.m. to 12:00 (midnight) on Friday and Saturday.
Effective: 5-24-2010
• Community Development Department •Planning Division •