Resolution No. 6618158
RESOLUTION NO. 6618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3094
- 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 amend the
hours of operation for 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 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 restaurant is within an existing retail commercial building.
Other uses within the retail building currently close between 10:00 p.m. and 2:00 a.m. 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 from 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 Tight and glare have been reported to
the City.
(5) The provision of . on -site security, both inside and outside the
building to satisfy any concerns raised by the police department;
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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 proposed hours of operation for the restaurant would be
limited from 9:00 a.m. to 12 midnight, seven days a week. No alcohol would be served
after midnight.
(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. 3094, 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 12th day of June 2017.
ATTEST:
PWia-
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
AYOR OF THE CITY OF CYPRESS
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 12th day of June, 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
CITY CLERK OF THE CITY OF CYPRESS
160
EXHIBIT "A"
Conditional Use Permit No. 3094
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
affidavit accepting these conditions of approval, there shall be
application. The project applicant and property owner shall have 15
the signed affidavit to the Community Development Department.
render City Council action on the application void. (Planning)
return a City - provided
no entitlement of the
calendar days to return
Failure to do so will
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 sue. - 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 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)
1.5. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
• Community Development Department • Planning Division •
161
Exhibit "A"
Conditional Use Permit No. 3094
Conditions of Approval
2. Planning
Page 2
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)
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. 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 N/A
5. Landscaping N/A
6. Operational
6.1. The business hours of operation shall be limited from 9:00 a.m. to 12:00 midnight seven
days a week. (Planning)
6.2. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. 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. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
• Community Development Department • Planning Division •
162
Exhibit "A"
Conditional Use Permit No. 3094
Conditions of Approval
Page 3
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. 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)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. 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
8.1. Within 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 $50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such 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
• Community Development Department • Planning Division •
163
Exhibit "A"
Conditional Use Permit No. 3094
Conditions of Approval
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety N/A
21. Security
Page 4
21.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one footcandle of light. All exterior bulbs shall be protected by weather
and vandalism resistant cover(s). (Police Department)
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 may be reviewed annually for the next three years from the date
of approval. The review shall be conducted jointly by the Director of Community
Development and Police Chief or designees. Purpose of this review shall be to identify
uniquely adverse issues such as loitering, vandalism, criminal activity, noise or nuisance
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 9:00 a.m. to 12:00 midnight seven days a week. (Police Department)
23.4. Graffiti shall be removed from the exterior walls and windows of the premises within 48
hours of discovery. (Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 6 -12 -2017
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
• Community Development Department • Planning Division •
164
Exhibit "A"
Conditional Use Permit No. 3094
Conditions of Approval
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 •