Resolution No. 5513 266
RESOLUTION NO. 5513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2001-21 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 35.77 of the Zoning Ordinance of the City of Cypress to upgrade the existing
offsale beer and wine license (Type 20) to an offsale general alcohol license (Type 21) for the MS
Market located at 4461 Cerritos Avenue, 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 during the December 10, 2001, 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 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 as an area to provide 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 project 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 sale of general alcohol is consistent with other similar
convenience markets within the City.
(2) Conditions of approval have been imposed to ensure compliance
with the Cypress City Code and other applicable regulations.
c. The proposed conditional use, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance, except for approved variances or
adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2001-21, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 10`h day of December, 2001.
• .
MAYOR i THE CITY OF CYPRESS
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267
ATTEST:
e ,
fir CLERK OF T ItV ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM-GUERTIN, 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 10`h day of December, 2001,by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan,McGill, Piercy, McCoy, and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
O. l Q. , • -,„1,0Atikt.,
rY CLERK OFT Ij ITY OF CYPRESS
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EXHIBIT "A"
Conditional Use Permit No.2001-21
4461 Cerritos Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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.
2. 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.
3. All applicable conditions of Conditional Use Permit No. 2001-21 shall be complied with
prior to this permit becoming effective.
4. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35 of the Cypress Zoning
Ordinance.
5. 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 Forty-Three Dollars ($43.00) County administrative
fee, to enable the City to file the Certificate of Fee Exemption in accordance with the
Notice of Determination 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 Department•Planning Division •
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Exhibit "A" Page 2
Conditional Use Permit No. 2001-21
Conditions of Approval
COMMUNITY DF.VF.I,OPMENT CONDITIONS
6. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 2001-21 becoming
effective.
7. Adult supervision (over 21 years of age) shall be maintained on the business premises
at all times.
8. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
9. This conditional use permit may be modified or revoked by the City Council should the
Council determine 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.
10. Any change in the use from what is approved as part of Conditional Use Permit No. 2001-
21 shall require an amendment to the conditional use permit.
11. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted use are to be stored solely in designated trash
enclosures.
Effective: 12-10-2001
• Community Development Department •Planning Division •