Resolution No. 6833377
RESOLUTION NO. 6833
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2021-04, A REQUEST FOR A
RETAIL WINE STORE AND TASTING ROOM LOCATED AT 9969 WALKER
STREET WITHIN THE CG -COMMERCIAL GENERAL ZONE AND FURTHER
DETERMINING THAT PUBLIC CONVIENCE WOULD BE SERVED WITH THE
ISSUANCE OF A TYPE 20 AND TYPE 42 ALCOHOLIC BELVERAGE CONTROL
LICENSE
WHEREAS, the City Council of the City of Cypress has considered an application 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 establishment of a retail wine store and tasting room
located at 9969 Walker Street within the CG Commercial General Zone.
WHEREAS, the subject site is zoned CG, Commercial General and designated "General
Neighborhood Commercial" in the City's General Plan. Section 2.06.030, Table 2-6 of the Cypress
Zoning Ordinance permits convenience markets with alcohol sales subject to conditional use permit
approval.
WHEREAS, the City Council, after proper notice thereof, on May 10, 2021, held a duly
noticed public hearing on the application and took public testimony.
WHEREAS, the proposed project is categorically exempt pursuant to Califomia
Environmental Quality Act (CEQA) Guidelines, Section 15301 — Existing Facilities. Section 15301
involves the permitting or leasing of existing private or public buildings which involves negligible
changes in use of the building. The proposed project consists of a request to permit the retail sale
of wine within an existing 1,495 square foot lease space located within an eight -acre shopping
center. Besides minor tenant improvements, there is no construction related with the project.
Therefore, the City Council has determined that there is no substantial evidence that the project
may have a significant effect on the environment.
WHEREAS, it has been determined by the California Department of Alcoholic Beverage
Control (ABC) that there is an "undue concentration" in relation to the number of alcohol licenses
that currently exist within the subject census tract of the City (Census Tract: 1101.04).
WHEREAS, as a result of the undue concentration, Califomia Code Section 23958.4
requires that "the local governing body of the area in which the applicant premises are located
determines within 90 days of notification of a completed application that public convenience or
necessity would be served by the issuance of the license.
WHEREAS, the City Council finds that the applicant agrees with the necessity of and
accepts all elements, requirements, and conditions of this Resolution as being a reasonable
manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the
citizenry in general and the persons who work, visit or live in this development in particular.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
DOES HEREBY RESOLVE, based upon substantial evidence taken from the administrative record
and at the public hearing, AS FOLLOWS:
SECTION 1. Findings. Pursuant to the Section 4.19.070E of the Cypress Zoning Ordinance,
the City Council finds, after due study and deliberation that the following circumstances exist:
1. The proposed location of the conditional use is consistent with the requirements of the
general plan and the zoning district in which the site is located:
The subject site is zoned CG, Commercial General. The proposed project is permitted
within the CG zone subject to conditional use permit approval. The application meets all
development standards as specified within the zoning ordinance. The CG zone is
intended to serve the daily shopping needs of the community, including larger,
community -scale shopping centers and regional malls. The subject use is located within
a large commercial shopping center and the surrounding uses are retail and service in
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nature. The proposed wine shop is both a retail and service based business and will
complement the surrounding uses.
2. 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:
The location of the wine store with ancillary tasting will not be detrimental to the public
health, safety or welfare, or injurious to properties within the vicinity. The subject location
permits the sale of alcohol for off-site consumption subject to a conditional use permit.
The project location meets all development standards as required in the Cypress Zoning
Ordinance. Further conditions have been imposed to insure the proposed off -sale
packaged wine, as well as the on -sale wine sample tasting operations shall comply with
the Cypress City Code and the State Department of Alcohol Beverage Control (ABC)
regulations. The Cypress Police Department has reviewed the application and
recommends approval as the subject location is in a low crime area and the shopping
center and the existing alcohol -licensed businesses within the center have not generated
calls for service.
3. The proposed conditional use will comply with each of the applicable provisions of the
Zoning Ordinance:
The use as proposed and conditioned is consistent with the criteria for approving
conditional use permits for alcoholic beverage sales, as set forth in Section 3.17.030.B of
the Cypress Zoning Ordinance.
SECTION 2. Public Convenience or Necessity. The City Council of the City of Cypress
hereby determines that public convenience would be served with the issuance of a Type 20 and
42 alcohol license for a new retail wine shop with ancillary wine tasting in that the use is consistent
with similar establishments within the Commercial General zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2021-04, 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 10th day of May, 2021.
1
ATTEST:
CITY CLE OF THE C TY OF CYPRESS
V, Ink
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
MAY*:' OF HE CITY OF CYPRESS
I, ALISHA FARNELL, 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 May, 2021, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Morales, Berry and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mar ez
F THE CI OF
CYPRESS CL' : O
EXHIBIT A
CONDITIONAL USE PERMIT NO. 2021-04
(Retail Wine Store and Tasting Room)
9969 WALKER STREET
CONDITIONS OF APPROVAL
1. General Conditions
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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 shall comply with all provisions of the Code of the City of Cypress. (Planning)
1.4. 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)
1.5. The applicant shall obtain a Cypress business license prior to commencement of the business
operation. (Finance)
1.6. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
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
2.1 The alcoholic beverage sales associated with the wine shop use with a tasting room shall be
limited to of sale beer & wine (Type 20 ABC License) and on -sale beer & wine on public
premises (Type 42 ABC License). The wine tasting activities shall be confined within the
tasting room inside the business building and shall comply with the restrictions of the
applicable ABC Licenses. 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. 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)
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3. Architectural - NA
4. Signage
4.1. The property owner/tenant shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department. (Planning)
4.2. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping —N/A
6. Operational
6.1. The business hours of operation in relation to truck deliveries shall be limited from 7:00 a.m.
to 7:00 p.m. only, on Weekdays and Saturdays, and 9:00 a.m. to 7:00 p.m. on Sundays and
federal holidays. Late night or early morning deliveries is specifically prohibited. (Planning)
6.2. Any access door to the business premises facing the alleyway and adjoining single-family
residences shall remain closed during all hours of business operation. Said door shall be
designated and used for emergency exit purposes only. (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. Commercial - 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. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
- Building Plan Check (Prior to submittal of Plans)
- Building Permit and Inspection (Prior to Permit issuance)
8.2. 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. Building and Safety
9.1. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2019 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
the 2019 California Green Building Standards Code, Title 24, and the City of Cypress Codes.
(Building & Safety)
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9.2. Grading, demolition, and exterior building construction activities shall be limited to the hours
of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m.
on Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. If complaints are received
regarding noise from grading or demolition, further restrictions may be imposed on the
start time of construction by the Director of Community Development, up to a 9:00 a.m.
start time. No construction activity shall be allowed on Sundays or federal holidays. In
addition, construction equipment shall be equipped with effective muffling devices.
Compliance with this measure is subject to field inspection by City staff. (Building & Safety)
9.3. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of the public
right-of-way unless a permit is obtained. (Building & Safety)
10. Security
10.1. 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)
11. Alcohol — On/Off Sale
11.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
11.2. This conditional use permit shall be reviewed every twelve months for the next two years
from the date of approval. The review shall be conducted jointly by the Director of Planning
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)
11.3. All wine tasting activities shall be limited to the 130 square -foot wine tasting room.
(Planning)
11.4. The maximum occupancy of the wine tasting room shall be four persons, as illustrated on the
Floor Plan submitted with this application. (Planning)
11.5. The hours of operation (i.e. both the retail sale of wine and the private tasting room) shall be
limited from 9:00 a.m. to 7:00 p.m. Tuesday through Sunday. (Planning)
11.6. Signs shall be posted in the wine tasting room which prohibit open alcoholic beverages from
leaving the confines of the room. (Police Department)
11.7. At any time when the licensee(s) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries.
(Police Department)
11.8. The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
11.9. There shall be no live entertainment permitted on the premises unless a special event permit
is received pursuant to Cypress Municipal Code, Chapter 9.
11.10. 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 Investigations Bureau a copy of the completed Alcohol
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Management Program (AMP) certificate. (Police Department)
11.11. The business shall install a surveillance camera system, colored monitor, and silent alarm.
(Police Department)
12. Solid Waste
12.1. 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)
Effective: 5/10/2021
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Building
10. Security
11. Alcohol — On/Off Sale
12. Solid Waste