Resolution No. 6883 136
RESOLUTION NO. 6883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-02, A REQUEST TO
ADD ON-SALE BEER AND WINE TO AN EXISTING RESTAURANT
LOCATED AT 4959 KATELLA AVENUE, SUITE A, WITHIN THE PBP -
PLANNED BUSINESS PARK ZONE AND FURTHER DETERMINING
THAT PUBLIC CONVIENCE WOULD BE SERVED WITH THE ISSUANCE
OF A TYPE 41 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 addition of the on-site sale of beer and wine at
an existing restaurant located at 4959 Katella Avenue, Suite A, within the PBP - Planned
Business Park Zone.
WHEREAS, the subject site is zoned PBP - Planned Business Park Zone and
designated "Specific Plan" in the City's General Plan, and Section VI.E.3 of the applicable
Amended and Restated Cypress Business and Professional Center Specific Plan allows
restaurants by right in the Planning Area 6 of the Specific Plan, where the subject property is
located. It is Section 3.17.030 of the Cypress Zoning Ordinance which requires a conditional
use permit and has special use provisions for restaurants with alcohol sales.
WHEREAS, the City Council, after proper notice thereof, on April 25, 2022, held a duly
noticed public hearing on the application and took public testimony.
WHEREAS, the proposed project is categorically exempt pursuant to California
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 addition of on-sale beer and wine within an existing 3,150 square foot lease space located
within a seven-acre shopping center. Besides minor tenant improvements to accommodate the
alcoholic beverage storage,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: 1101.13).
WHEREAS, because of the undue concentration, California 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: ..M
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 PBP - Planned Business Park which is consistent with the
Specific Plan designation in the General Plan. The PBP Zone is intended to provide
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a comprehensive and integrated mix of compatible and complimentary light industrial,
commercial, and public/semi-public uses in a campus-like business park setting. The
project is permitted in the PBP Zone subject to a Conditional Use Permit and the
application meets all development standards. The use is in a commercial shopping
center and the surrounding uses are retail and service in nature. The restaurant, with
beer and wine sales, will complement the surrounding uses.
2. The 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:
A restaurant is a permitted use at this location. The addition of on-site beer and wine
sales will not be detrimental to the public health, safety or welfare, or injurious to
properties in the vicinity. The project meets all development standards. With the
recommended project conditions, beer and wine sales will comply with Municipal
Code and Alcohol Beverage Control regulations. There are no other businesses in
the center that sell or serve alcohol and no indication that the addition of beer and
wine sales will cause an undue burden on public safety resources.
3. The proposed conditional use will comply with each of the applicable provisions of
the Zoning Ordinance:
The proposed use, as 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 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 41
alcohol license for an existing restaurant in that the use is consistent with similar establishments
within the PBP - Planned Business Park Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2022-02, 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 25th day of April, 2022.
Ga SZ64441)
M OR OF THE CITY OF CYPRESS
ATTEST:
(2A6.
CITY LERK OF TH CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
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 25th day of April, 2022, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Minikus, Peat and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Morales
CITY CLERK OF THE ITY OF CYPRESS
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EXHIBIT A
CONDITIONAL USE PERMIT NO.2022-02
(On-sale Beer and Wine at Restaurant)
4959-A KATELLA AVENUE
CONDITIONS OF APPROVAL
1. General Conditions
1.1. Prior to the issuance of building permits or commencement of the use,the project applicant
shall sign and return a City-provided affidavit accepting these conditions of approval.
(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 semC. - 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)
2. Planning
2.1. The alcoholic beverage sales associated with the restaurant shall be limited to on-sale beer&
wine (Type 41 ABC License). The beer and wine consumption activities shall be confined
within the restaurant lease area and shall comply with the restrictions of the ABC License. .;
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)
3. Signage
3.1. 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. Operational
4.1. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
4.2. 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
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the business hours are creating an adverse impact upon neighboring properties. (Planning)
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5. Property Maintenance
5.1. 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)
6. Fees
6.1. 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 the California Environmental Quality Act (CEQA) Guidelines.
(Planning)
7. Building and Safety
7.1. 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)
8. Security
8.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one foot-candle of light. All exterior bulbs shall be protected by weather and
vandalism resistant cover(s). (Police Department)
9. Alcohol—On-Sale
9.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
9.2. The hours of operation shall be from 8:00 a.m.to 10:00 p.m. Sunday through Thursday; and
from 8:00 a.m. to 11:00 p.m. Friday and Saturday. (Planning)
9.3. Signs shall be posted at the restaurant exit prohibiting open alcoholic beverages from leaving
the confines of the restaurant. (Police Department)
9.4. 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)
9.5. The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
9.6. There shall be no live entertainment permitted on the premises unless a special event permit
is received pursuant to Cypress Municipal Code, Chapter 9.
9.7. 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)
9.8. The business shall install a surveillance camera system, colored monitor, and silent alarm.
(Police Department)
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9.9. If complaints are received regarding business hours of operation, noise, property/building
maintenance, or vehicles not adhering to the approved parking,traffic and circulation plans,
and relevant mitigation measures, the City, in its discretion, may have the City Council
review the conditional use permit to, without limitation, revise the business hours, add
conditions, or revoke the permit. When a complaint is received, the restaurant owner will
engage with the City, to determine if the complaint is verified. Three unique verified
complaints within 30 days or 10 unique verified complaints in a 12-month period shall
indicate the use is creating an adverse impact upon neighboring properties. (Planning)
Effective: 4/25/2022
SECTIONS
1. General
2. Planning
3. Signage
4. Operational
5. Property Maintenance
6. Fees
7. Building
8. Security
9. Alcohol—On/Off Sale