Resolution No. 5998307
RESOLUTION NO. 5998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA
DENYING, WITHOUT PREJUDICE, THE APPLICATION FOR CONDITIONAL USE
PERMIT NO. 2006 -09 FOR THE ONSITE SALE OF BEER AND WINE AT THE PHILLY
GRILL RESTAURANT LOCATED AT 6312 LINCOLN AVENUE.
WHEREAS, on or about October 25, 2006, an application was filed for a Conditional Use
Permit ( "CUP ") in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of
the City of Cypress to add on sale beer and wine to the Philly Grill restaurant located at 6312
Lincoln Avenue, within the PC Planned Community Zone; and.
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law; and,
WHEREAS, the City Council has considered the evidence contained in the staff report,
the staff presentation, the questions and responses provided thereto at the public hearing,
and the testimony offered at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, HEREBY FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
1. The foregoing recitals are true and correct and are incorporated herein by this
reference.
2. Based on substantial evidence from this record, taken as a whole, the City Council
hereby finds and determines as follows:
a. The proposed location of the Conditional Use and the conditions under
which it would be operated or maintained would be detrimental to the
public health, safety or general welfare or be materially injurious to
properties or improvements in the vicinity in that:
(1) The applicant's existing and continued non - compliance with City
Code requirements related to the requirement to install a grease
interceptor for the subject business, in accordance with the City's
FOG Ordinance, remains an outstanding issue for the subject use
and warrants that additional consideration of discretionary
approvals be suspended until existing violations are resolved, and,
(2) Until such time as the required grease interceptor is installed at the
subject location, or conversely the requested waiver of the grease
interceptor requirement is approved by the City, the application for
the on sale beer and wine license will not be approved by the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby deny without prejudice Conditional Use Permit No. 2006 -09.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 11th day of December 2006.
ATTEST:
104,00-0- e)cuC4-1.a.r, -,
MAYOR OF THE CITY OF CYPRESS
INTERIM CITY CLERK OF THE CITY OF CYPRESS
308
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
I, DENISE BASHAM, Interim 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 11th day of December 2006, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4
INTERIM CITY CLERK OF THE CITY OF CYPRESS