Resolution No. 6737287
RESOLUTION NO. 6737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3141 - 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 of beer and wine (ABC License Type 41) within two adjoining restaurants located at
5735 Lincoln Avenue 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 Planned Community
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 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 restaurants is consistent with the permitted
uses of the Cypress General Plan — Specific Plan designation, the Planned
Community Zone, and the Commercial Mixed Use District of the Lincoln
Avenue Specific Plan area 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. 3141.
(3) The shopping center in which the restaurants are located
contains sufficient parking to accommodate the restaurants and other uses
within the center.
(4) 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 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. 3141, 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 10th day of June, 2019.
MAYOR OF E CITY OF CYPRESS
ATTEST:
288
ACTING CLERKOF�IT OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, Acting 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 10th day of June, 2019, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Morales, Peat, Yarc, Johnson and Berry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Jllh
ACTING CI LER OF TH CITY OF CYPRESS
-41
289
EXHIBIT "A"
Conditional Use Permit No. 3141
5735 Lincoln Avenue
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 for each restaurant prior to
commencement of the business operations. (Finance)
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 3141
Conditions of Approval
Page 2
1.7. Any and all correction notice(s) generated through the plan check and/or inspection process
is/are hereby incorporated by reference as conditions of approval and shall be fully
complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
290
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. 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)
2.3. The hours of operation for the restaurants shall be limited from 11:30 am to 10:00 pm
Monday through Thursday and from 11:30 am to 11:00 pm Friday through Sunday.
(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
4.1. The business hall 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)
• Community Development Department • Planning Division •
291
Exhibit "A"
Conditional Use Permit No. 3141
Conditions of Approval
Page 3
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
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 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)
• Community Development Department • Planning Division •
292
Exhibit "A"
Conditional Use Permit No. 3141
Conditions of Approval
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)
21.2. Open parking lots, and access thereto, providing more than ten parking spaces and for use
by the general public, shall be provided with a maintained minimum of one footcandle of
light on the parking surface from dusk until the termination of business every operating
day. (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. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 11:30 a.m. to 10:00 p.m. Monday through Thursday and from 11:30 a.m. to 11:00
p.m. on Friday through Sunday. (Police Department)
23.3. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.4. The rear door(s) shall be kept closed at all times during the operation of the restaurants except
in cases of emergency and to permit deliveries. Said door(s) not to consist solely of a screen
door or ventilated security door. (Police Department)
23.5. 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)
23.6. 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 Investigations Bureau a copy of the completed Alcohol
Management Program (AMP) certificate. (Police Department)
23.7. 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
• Community Development Department • Planning Division •
293
Exhibit "A"
Conditional Use Permit No. 3141
Conditions of Approval
25. Fire N/A
26. Solid Waste
Page 5
26.1. The applicant shall subscribe to solid waste services from the City's disposal services
contractor with no less than one time per week service for trash, recycling, and organics
recycling and require employees implement source separated recycling practices.
Sufficient trash, recycling, and organics recycling receptacles shall be placed outside to
collect solid waste generated by its operation/patrons. No less than one receptacle per solid
waste category shall be provided. These shall be properly maintained and not allowed to
overflow. (Engineering, Water Quality)
26.2. The applicant shall construct new or modify its existing trash enclosure structure to house
all required solid waste containers and possess a solid covered roof that prohibits
stormwater to enter and then discharge from the enclosure. The applicant shall obtain all
required permits from the Building Department for construction and also obtain final
inspection to ensure it meets the above mentioned criteria prior to the issuance of a final
certificate of occupancy. (Engineering, Water Quality)
Effective: 6-10-2019
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
26. Solid Waste
• Community Development Department • Planning Division •