Resolution No. 6903 287
RESOLUTION NO. 6903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-05, A REQUEST TO
ALLOW ON-SALE GENERAL ALCOHOL AT A NEW RESTAURANT
LOCATED AT 5895-B KATELLA AVENUE, WITHIN THE PC-3 PLANNED
COMMUNITY BUSINESS PARK ZONE, FURTHER DETERMINING THAT
PUBLIC CONVIENCE WOULD BE SERVED WITH THE ISSUANCE OF AN
ON-SALE GENERAL ALCOHOLIC BELVERAGE CONTROL LICENSE
AND FINDING THE REQUEST EXEMPT FROM CALIFORNIA
ENVIROMENTAL ACT REQUIREMENTS
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 on-site sale of general alcohol at a restaurant
located at 5895-B Katella Avenue, within the PC-3 — Planned Community Business Park
Zone.
WHEREAS, the subject site is designated Specific Plan Area in the City's General
Plan, and Section V.C.1.b of the applicable McDonnell Center Specific Plan allows
restaurants with the sale of alcoholic beverages, subject to a conditional use permit. In
addition, Section 3.17.030 of the Cypress Zoning Ordinance requires a conditional use
permit and has special use provisions for restaurants with alcohol sales.
WHEREAS, the City Council, after proper notice thereof, on September 26, 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, licensing 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 a restaurant, with an on-sale general alcohol license, within an existing
commercial building. Besides tenant improvements for the restaurant, including the alcoholic
beverage storage area, there is no new building construction related with the project.
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, 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.
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:
288
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 site is zoned PC-3 Planned Community Business Park Zone, which is
consistent with the Specific Plan Area land use designation in the General Plan.
The PC-3 Zone's intent is to permit a compatible mix of uses, planned commercial
developments, and business parks. The PC-3 Zone permits restaurants with
alcohol sales, subject to a Conditional Use Permit and the application meets all
development standards. The restaurant is in a food court with surrounding
business park, hotel, and restaurant type businesses. The restaurant, with general
alcohol 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 a permitted use at this location. The addition of general alcohol 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, general alcohol sales will comply with Municipal
Code and Alcohol Beverage Control regulations. The Police department reviewed
the restaurant's application and found no indication that the addition of general
alcohol sales would cause an undue burden on police resources.
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 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 an on-sale general alcohol license for a new restaurant in that the use is consistent
with similar establishments within the PC-3 - Planned Community Business Park Zone.
SECTION 3. CEQA. The City Council finds that the proposed project is categorically
exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section
15301 — Existing Facilities. Section 15301 involves the permitting, licensing 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 a restaurant, with an on-sale general
alcohol license,within an existing commercial building. Besides tenant improvements for the
restaurant, including the alcoholic beverage storage area, there is no new building
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 2022-05, 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.
289
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 26th day of September, 2022.
MA OR OF THE CITY OF CYPRESS
ATTEST:
PL\AkVAPt
CITY CLERK OF THE 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 26th day of September, 2022, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Marquez. Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
\54
CITY CLERK OF THE CI OF CYPRESS
290
EXHIBIT A
CONDITIONAL USE PERMIT NO.2022-05
(On-sale General Alcohol at Restaurant)
5895-B 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 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)
2. Planning
2.1. The alcoholic beverage sales associated with the restaurant shall be limited to on-sale general
alcohol (Type 47 ABC License). The general alcohol 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. 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)
291
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 11:00 A.M. to 10:00 P.M. Sunday through Thursday
and from 11:00 A.M. to 11:00 P.M. Friday through Saturday. (Planning)
9.3. Signs shall be posted at the restaurant exit prohibiting open alcoholic beverages from leaving
the confines of the restaurant or fenced patio area. (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)
Effective: 9/26/2022