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Resolution No. 6077 • 102 RESOLUTION NO. 6077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2008-01 -WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That a previously approved and operational billiard hall, located at 6285- 6289 Ball Road, ceased to operate for a period exceeding 180 days (6 months) and , therefore, the applicable Conditional Use.Permit No. 77-9 expired on December 31, 2007. 2. That an application was filed for a new Conditional Use Permit No. 2008-01 in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the re-opening of a billiard hall with food services and on-sale beer and wine (Type 40 ABC License) located at 6285-6289 Ball Road within the CG-10,000 Commercial General Zone. 3. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 4. 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 CG-10,000 Commercial General Zone in which the site is located, which is: Intended for the continued use, expansion, and new development of a wide variety of retail and wholesale commercial enterprises, service uses, entertainment uses, and similar businesses. 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 re-opening of the existing billiard hall with on- sale beer and wine and food services would not significantly change the nature of the previously existing use at this location, because it would not represent an expansion of the previously approved (but closed and expired) billiard hall use. Additionally, all applicable conditions of approval from the previous Conditional Use Permit No. 77-9 for this location shall be incorporated into this new Conditional Use Permit No. 2008-01. (2) Based on the current mix of uses located within the subject shopping center, as well as the observed operations of the previous identical use, the proposed billiard hall would not generate parking demand in excess of the parking spaces provided on-site. Therefore, adequate parking would be provided for the use. (3) Conditions of approval have been imposed for the billiard hall use to insure compatibility with the surrounding commercial and multiple- family residential uses. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2008-01, subject to the conditions attached hereto as Exhibit "A". -1- 103 PASSED AND ADOPTED, by the City Council of the City of Cypress at a regular meeting held on the 14th day of April, 2008. , it.40(0/ vv Ji MAYOR OF THE CIT •F CYPRESS ATTEST: 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 14th day of April, 2008, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Luebben, Narain, and Seymore NOES: 2 COUNCIL MEMBERS: Bailey and Mills ABSENT: 0 COUNCIL MEMBERS: None pu,04_, (c5, -,,, CITY CLERK OF THE CITY OF CYPRESS -2-