Resolution No. 4327312
RESOLUTION NO. 4327
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 93 -12 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to add the sale
of beer and wine to the proposed outdoor swap meet located at the northwest corner of Katella
Avenue and Walker Street, adjacent to the Los Alamitos Race Track in the PBP Planned
Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the amended conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which the site is
located is:
Intended to provide for the classification and development of parcels of
land as complete, comprehensive, and integrated projects so as to take
advantage of the superior environment which can result from large scale
community planning, and thereby reduce adverse environmental impacts
of uncoordinated development. Additionally, this zone is intended to
provide for a zone encompassing various types of land uses such as
educational, professional and administrative office, commercial centers,
industrial parks, open space, or any public or semi - public use or
combination of uses through 1) established zoning mechanisms and criteria
as set out in the PC (Public /Semi - Public Zone; or 2) the adoption of a
specific plan and text materials which set forth land use relationships and
development standards.
b. The proposed location of the amended 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 addition of onsite sale of beer and wine to the swap meet use
will be compatible with the adjacent race track and golf course uses.
(2) The City Council maintains the right to review the sale of beer and
wine at the swap meet operation and may, subject to a public hearing, modify or
revoke approval for the sale of beer and wine, should substantiated complaints be
received.
(3) The sale of beer and wine will not be detrimental to the public
health, safety, and welfare, or materially injurious to properties or improvements
in the vicinity.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the 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 Amendment to Conditional Use Permit No. 93 -12, 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 13th day of June , 1994.
ATTEST:
/
CITY CLE e7? CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, 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 13th day of June , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CIT CLERK 0 THE ITY OF CYPRESS
314
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 93 -12
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT
1. The applicant/developer shall comply with all provisions of the Code of the City
Cypress.
2. The applicant shall satisfy all requirements of the State Department of Alcoholic
Beverage Control prior to Amendment to Conditional Use Permit No. 93 -12 becoming
effective.
3. The applicant shall secure a separate beer and wine license from Alcoholic Beverage
Control (ABC) for the address where the swap meet operation will be located.
4. 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 (2100 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.
POLICE DEPARTMENT
5. The hours for the sale of beer and wine shall be limited to the hours between 10 a.m.
and 4 p.m.
6. The entire vendor area site shall be fenced, or secured by existing fences, or a
combination of both.
• City of Cypress • Community Development Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 93 -12
Conditions of Approval
Page 2
ADDITIONAL CONDITIONS
7. The sale of beer and wine shall be included as part of the annual review of the swap
meet operation by the Planning Director, with final approval by the City Council.
8. Notwithstanding the condition mentioned above regarding annual review, the City
Council maintains the right to review the sale of beer and wine at the swap meet
operation and may, subject to a public hearing, modify or revoke approval for the sale
of beer and wine, should substantiated complaints be received.
Effective 6/13/94
• City of Cypress • Community Development Division •