Resolution No. 6669406
RESOLUTION NO. 6669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO 3122 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 4.19.070 of the Zoning Ordinance of the City of Cypress to allow
the onsite sale of beer and wine (ABC License Type 41) in an existing restaurant at 4065
Ball Road within the CG Commercial General 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 CG Commercial General
Zone in which the site is located, which is:
Intended to serve the daily shopping needs of the community including
shopping centers which may be anchored by large-scale retail outlets,
entertainment uses, hotels, and restaurants The CG zoning district is
consistent with the General Neighborhood Commercial land use
designation of the Cypress General Plan.
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 location of the existing restaurant is consistent with the
permitted uses of the Cypress General Plan and the Commercial General
Zone in which the site is located.
(2) Conditions have been imposed to insure the proposed onsite
sale of beer and wine would comply with the Cypress City Code. The State
Department of Alcohol Beverage Control (ABC) and other applicable
regulations, including the applicable conditions of the underlying Conditional
Use Permit No. 3122.
(3) The shopping center in which the restaurant is located contains
sufficient parking to accommodate the use and other uses within the center
(4) In accordance with the California Alcoholic Beverage Control
Act, the City Council finds that 'public convenience or necessity" would be
served by the issuance of the proposed on -sale beer and wine license.
(5) No complaints have been received regarding the existing
restaurant or other restaurants serving alcohol within the shopping center
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 3122, 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.
407
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 14th day of May 2018.
ATTEST
ICL4L� Au,JRarn
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
MA
T
E 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 thel4th day of May 2018, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS. Johnson, Morales, Yarc, Berry and Peat
NOES: 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 3122
4065 Ball Road
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 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 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 requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. The applicant shall obtain a Cypress business license prior to commencement of the business
operation. (Finance)
Community Development Department Planning Division
408
409
Exhibit A
Conditional Use Permit No. 3122 Page 2
Conditions of Approval
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. 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)
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)
24. The hours of operation shall be 11:00 a.m. to 12 midnight, seven days a week. Any
expansion of these hours will require approval by the City Council. (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)
6.2. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (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 bit 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)
Community Development Department Planning Division •
410
Exhibit A
Conditional Use Permit No. 3122
Conditions of Approval
8. Fees
Page 3
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
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. The applicant shall subscribe to trash, recycling, and organics recycling through the City s
disposal services contractor and require employees implement source separated recycling
practices. Sufficient receptacles shall be placed outside to collect solid waste generated
by its patrons. No Tess than one receptacle per solid waste category (trash, recycling,
organics recycling) shall be provided. These shall be properly maintained and not allowed
to overflow (Engineering, Water Quality) (1 iash ReceptaclesI
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)
Community Development Department • Planning Division
411
Exhibit A
Conditional Use Permit No. 3122 Page 4
Conditions of Approval
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. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 11:00 a.m. to 12:00 a.m. Sunday through Thursday and 11:00 a.m. to 2 00 a.m. on
Fridays and Saturdays. (Police Department)
23 3. The subject alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises without prior approval from the City (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
(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. Said doors) not to consist solely of a screen
door or ventilated security door. (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. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licensee. (Ponce 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. 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 30 days of the date of hire The employees must provide the City of
Cypress Police Department, Criminal Investigation Bureau a copy of the competed Alcohol
Management Program (AMP) certificate. (Police Department)
Community Development Department Planning Division •
412
Exhibit A
Conditional Use Permit No. 3122
Conditions of Approval
Page S
23.11. No wine shall be sold with an alcoholic content greater than 15% by volume. (Po/ire
Deparnnent)
23.12. No alcoholic beverages shall be sold from ice tubs or containers. (Police Department)
23.13. Signs shall be posted at all exits of the premises which prohibit alcoholic beverages from
leaving the confines of the premises. (Police Department)
23.14. Alcoholic beverages shall be sold and served in containers which are distinguishable from
other beverages sold at the premises. (Police Department)
23.15. At any time when the licensees) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries
(Police Deparnnent)
23.16 The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
23.17 Graffiti shall be removed from the exterior walls and windows of the premises within 48
hours of discovery (Police Department)
23.18. There shall be no special promotional events held on the property unless a written request
for such is received and approved by the City of Cypress Director of Community
Development and the Police Department at least one week prior to the event. (Police
Department)
23 19 No exterior or media advertising shall promote or offer a reduced or discounted price for
alcoholic beverages. (Police Department)
23.20. 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)
23.21. The owner shall install and maintain a closed circuit television system capable of readily
identifying facial features and stature of all patrons entering the establishment during hours
of operation and monitoring the rear of the premises. The camera system shall keep a
minimum 30 day library of events. which shall be available for downloading and inspection
by the Cypress Police Department. (Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 5-14-18
• Community Development Department Planning Division
413
Exhibit A
Conditional Use Permit No. 3122
Conditions of Approval
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
H. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15 Subdivisions
16. Traffic
17 Utilities
18 Drainage
19 Storm W ater Quality
20. Building & Safety
21 Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 6
Community Development Department Planning Division