Resolution No. 4053RESOLUTION NO. 4053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-23 - 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 17.2 of the Zoning Ordinance of the City of Cypress to operate a
liquor store with offsite sale of general alcoholic beverages located at 6271 Ball Road.
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 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 as an area for the location of retail and wholesale commercial
activities.
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 conditional use permit requesting the offsite sale of general
alcoholic beverages will not add to the proliferation of offsite alcoholic
beverage sales along Ball Road.
(2) The liquor store use was approved with sufficient conditions to
ensure compatibility of the uses with surrounding properties.
(3) The City Council maintains the right to review the hours of
operation and may, subject to a public hearing, modify them if substantiated
complaints are received.
(4) The location received previous City Council approval for the
offsite sale of general alcohol in 1984.
c. The proposed 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 Conditional Use Permit No. 91 -23, 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 9th day of March , 1992.
1
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK O THE (CITY OF CYPRESS
STATE OF CALIFORNIA SS
COUNTY OF ORANGE
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 9 th day of March , 1992, by the following roll call vote:
AYES: 3
NOES: 2
ABSENT: 0
COUNCIL MEMBERS: Bowman, Nicholson and Partin
COUNCIL MEMBERS: Age and Kerry
COUNCIL MEMBERS: None
2
OF THE Q TY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 91-23
CONDITIONS OF APPROVAL
1. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 91 -23 becoming
effective.
2. The City Council shall maintain the right to review the hours of operation of the
convenience market and may, subject to a public hearing, limit the business hours
should substantiated complaints be received that the business hours are creating an
adverse impact upon neighboring properties.
3. The City Council shall maintain the right to review this conditional use permit,
subject to a public hearing, and may modify or revoke the proposed use or conditions
under which it is • operated or maintained, if the Council determines that the
expanded sale of alcoholic beverages is detrimental to the public health, safety, or
welfare, or materially injurious to the properties or improvements in the vicinity.
4. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 91 -23 will require an amendment to the conditional
use permit.
5. Adult supervision (over 21 years of age) shall be maintained on the business premises
at all times of operation.
6. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 1 of the Cypress Zoning
Ordinance.
7. The owner shall not erect or display on the subject property any signs which have not
been approved in writing by the Planning Department.
8. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
9. 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.
10. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City
to file the Certificate of Fee Exemption in accordance with Fish and Game Code
Section 753.5 with the Notice of Determination required under Public Resources
Code Section 21152 and Title 14 of the California Code of Regulations. If within
such forty -eight (48) hour period the applicant /developer has not delivered to the
Planning Department the check required above, the approval for the project granted
herein shall be void.
Effective 2/24/92