HomeMy WebLinkAboutResolution No. 6607091
RESOLUTION NO. 6607
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3082 - 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 4.19.070.1 of the Zoning Ordinance of the City of Cypress to allow the
onsite sale beer and wine license (ABC License Type 41) within an existing restaurant
located at 5721 Lincoln Avenue, Suite F within the PC Planned Community 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 conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the PC Zone in which the
site is located, which is:
Intended as an area to provide for the opportunity for the design and
development of integrated, master planned projects in areas of the
City which may benefit from special design standards and land uses
not otherwise possible under conventional zoning district regulations.
b. The City Council has considered the following:
(1) The nature and use of real property within three hundred (300)
feet of the use, and in particular, the location of similar nearby uses and the
location of residences, parks, schools, and religious institutions;
The existing restaurant is within an existing retail commercial
building. Other similar uses within the retail building currently serve beer and wine. The
site is not within 300 feet of a school or religious institution.
(2) The inclusion of appropriate measures to provide property
maintenance of the building exterior, including keeping the premises free of
junk, litter, and debris;
The commercial center is properly maintained, on a daily
basis, during the early mornings. Conditions of approval are included to ensure that the
property is maintained free of junk and debris.
(3) The lighting of exterior areas, including parking lots, to
discourage loitering activities outside of the buildings;
The commercial center currently has adequate exterior lighting
on the buildings and in the parking lot.
(4) The protection of persons residing on or using adjacent
properties form noise, illegal activity, odors, and light and glare;
Other similar uses exist within the commercial center. No reports of
excessive noise, illegal activity, odors and light and glare have been reported to the City.
Limits on the hours of operation have been included to prevent these impacts from
occurring.
(5) The provision of on -site security, both inside and outside the
building, to satisfy and concerns raised by the police department;
092
The existing restaurant is equipped with three surveillance
cameras (storing video for 30 days) that would be accessible to law
enforcement upon request. One camera is located outside of the business
(capturing the front door) and the other two cameras are located inside the
business (capturing multiple angles).
(6) The adequacy of off - street parking provided for the use;
The existing restaurant is within a commercial retail building
that provides 122 shared parking stalls for the entire center. Therefore, sufficient parking
is provided onsite.
(7) The hours of operation;
The restaurant hours would not change with this proposed
project. The restaurant hours shall be limited to Sunday through Thursday from 11:30
a.m. to 10:00 p.m., and on Friday and Saturday from 11:30 a.m. to 11:00 p.m.
(8) The controls on occupancy limits inside the building and
loitering outside the building;
The existing restaurant's occupancy is approximately 33
people. Since its opening in 2016, there have been no reports of loitering outside of the
restaurant; and
(9) The prevention of potentially adverse effects of the use on the
value of adjacent properties;
The project has been conditioned to prevent adverse impacts
to adjacent properties.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance and the Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 3082, subject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed within the
90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of February 2017.
9 AYOR OF THE CITY OF 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 13th day of February, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
61.242-#11
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 3082
5721 Lincoln Avenue, Suite F
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
• Community Development Department • Planning Division •
093
094
Exhibit "A"
Conditional Use Permit No. 3082
Conditions of Approval
Page 2
2.3. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.4. The hours of operation shall be limited to, Sunday through Thursday from 11:30 a.m. to
10:00 p.m. and Friday and Saturday 11:30 a.m. to 11:00 p.m. (Planning)
2.5. 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. (Planning)
3. Architectural N/A
4. Signage
4.1. The business shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping N/A
6. Operational
6.1. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
7. Property Maintenance
7.1. 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. (Planning)
7.2. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to
bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
8. Fees
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 Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
• Community Development Department • Planning Division •
095
Exhibit "A"
Conditional Use Permit No. 3082
Conditions of Approval
Page 3
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. (Planning)
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2016 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2016 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
23.2. This conditional use permit shall be reviewed six (6) months from the date of approval.
The review shall be conducted jointly by the Director of Community Development and
• Community Development Department • Planning Division •
096
Exhibit "A"
Conditional Use Permit No. 3082
Conditions of Approval
Page 4
Police Chief or designees. Purpose of this review shall be to identify uniquely adverse
issues resulting from approval of the CUP. If such issues are identified, the CUP shall be
presented to the City Council for their consideration of conditions, modifications or
revocation. (Police Department)
23.3. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 11:30 a.m. to 10:00 p.m. Sunday through Thursday and 11:30 a.m. to 11:00 p.m.
on Fridays and Saturdays. (Police Department)
23.4. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.5. Entertainment provided shall not be audible beyond the area under control of the licensee.
All Live Entertainment shall be approved by the City. (Police Department)
23.6. The rear door(s) shall be kept closed at all times during the operation of the premises except
in cases of emergency and to permit deliveries. (Police Department)
23.7. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages which are clearly visible to the exterior shall
constitute a violation of this condition. (Police Department)
23.8. The parking lot of the premises shall be adequately illuminated during hours of darkness to
the satisfaction of the Cypress Police Department. (Police Department)
23.9. The windows of the premises shall not be tinted or covered in a way which obstructs a clear
view of the interior of the premises from the exterior. (Police Department)
23.10. Signs shall be posted at all exits of the premises which prohibit alcoholic beverages from
leaving the confines of the premises. (Police Department)
23.11. All employees of the business who sell or serve alcoholic beverage products shall be
required to complete a training program in alcoholic beverage compliance, crime
prevention techniques and the handling of violence. For new employees, such training
program must be completed within thirty (30) days of the date of hire. The employees must
provide the City of Cypress Police Department, Criminal Investigations Bureau a copy of
the completed Alcohol Management Program (AMP) certificate. (Police Department)
23.12. All signage on the business and within the business that is visible to the exterior shall
comply with Cypress Municipal Code Sign Regulations. (Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
• Community Development Department • Planning Division •
097
Exhibit "A"
Conditional Use Permit No. 3082
Conditions of Approval
Effective: 2 -13 -2017
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 5
• Community Development Department • Planning Division •