Resolution No. 6916 328
RESOLUTION NO. 6916
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 98-11,
PERMITTING ON-SALE GENERAL ALCOHOL AND A 510 SQUARE FOOT
OUTDOOR PATIO AT AN EXISTING RESTAURANT LOCATED AT 9921
WALKER STREET, WITHIN THE CG-COMMERCIAL GENERAL ZONE 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 an up-grade from on-sale beer and wine to on-sale
general alcohol and expand the outdoor dining area for a restaurant located at 9921 Walker
Street, within the CG —Commercial General Zone.
WHEREAS, the subject site is designated Commercial — General Neighborhood in the
City's General Plan, and the CG Zone allows restaurants with outdoor dining areas, 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 November 14, 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 an upgrade to an on-sale general alcohol license and expand the outdoor dining area
for an existing restaurant, at an existing commercial building. Besides minor fencing of the
outdoor dining area perimeter as required for the ABC license, there is no new building
construction related with the project.
WHEREAS, the City Council 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 site is zoned CG Commercial General, which is consistent with the Commercial
- General Neighborhood land use designation in the General Plan. The CG Zone's
intent is to permit a wide variety of retail and wholesale commercial enterprises,
service uses, entertainment uses, and similar businesses. The CG Zone permits
restaurants with alcohol sales and outdoor dining, subject to a Conditional Use Permit
and the application meets all development standards. The restaurant is in a shopping
center with surrounding retail, service, recreation, and restaurant type businesses.
The restaurant, with general alcohol sales and outdoor dining, will complement the
surrounding uses within the center.
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:
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A restaurant is a permitted use at this location. The expanded outdoor dining patio,
and 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 for the CG Zone, as well as access and exiting requirements
from the Building and Safety Code. With the recommended project conditions,
general alcohol sales, and the outdoor dining area, will comply with Municipal Code
and Alcohol Beverage Control regulations. The Police department reviewed the
application and found no indication that the addition of general alcohol sales, or the
expanded outdoor patio, 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 on-site service of alcohol, 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. Restaurants with outdoor dining are
permitted with a conditional use permit in the CG Zone and the outdoor dining area
expansion meets all applicable development standards, as set forth in Zoning
Ordinance Section 2.06. Commercial Zoning Districts.
SECTION 2. 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 an upgrade to an on-sale general alcohol
license and expand the outdoor dining area for an existing restaurant at an existing commercial
building. Besides minor fencing of the outdoor dining area perimeter as required for the ABC
license, 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 Amendment to Conditional Use Permit No. 98-11, 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 14th day of November, 2022.
/2(t1/10,-e.•
MA OR OF THE CITY OF CYPRESS
ATTEST:
1\_/. V"t, ,
CI iCLERK OF HE 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 14th day of November, 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
f.CITY CLERK OF THE CI tY OF CYPRESS
330
EXHIBIT A
AMENDMENT TO CONDITIONAL USE PERMIT NO. 98-11
(Up-grade to On-sale General Alcohol at Restaurant)
9921 Walker Street
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.This permit is granted for the plans dated 8/10/22, on file with the Planning Division. The
project shall conform to the plans, except as otherwise specified in these conditions, or
unless a minor modification to the plans is approved by the Planning Director. A minor
modification may be granted for minimal changes or increases in the extent of use or size
of structures or of the design, materials or colors of structures or masonry walls.
(Planning)
1.4.The applicant may request minor modifications of conditions of approval consistent with
the intent of the project approval. The Planning Director, City Engineer, Orange County
Fire Authority, and/or the Police Chief, depending on the requested modification, shall
approve the modification in writing. For numerical standards, the Planning Director may
approve deviations up to 10% provided that city code requirements are met.
1.5.The applicant shall comply with all applicable conditions of Conditional Use Permit 98-11,
Amended Conditional Use Permit 98-11 (dated 3-10-2014), and Amended Conditional Use
Permit 98-11 (dated 3-13-2017).
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 (including the fences outdoor dining 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 amendment
will require another 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. Architectural
3.1.The proposed patio-dining layout of tables, chairs, walkways, and perimeter fencing are
limited to 510 square feet and shall be maintained as illustrated on the plans submitted.
Revisions are subject to approval by the State Department of Alcoholic Beverage Control
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for this ABC license and the City's Planning and Building Divisions. (Planning)
3.2.Concrete wheel-stops are required within the parking spaces located adjacent to the
restaurant's lease area frontage to prevent vehicle encroachment into the walkway area
located between the parking lot and the outdoor dining area perimeter fence. Prior to
installation, the initial placement of the wheel-stops shall be subject to plan review and
approval by the City's Planning and Building Divisions.
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)
5. Operational
5.1.The 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 limited employee access to trash bins and employee parking, or
emergency exit purposes only. (Planning)
5.2.A person over 21 years of age shall be maintained on the business premises at all times.
(Planning)
5.3.All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
5.4. 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)
5.5.The hours of operation for the restaurant's indoor and outdoor areas shall be limited to
Sunday through Thursday from 11:00 a.m. to 10:00 p.m., and Friday and Saturday from
11:00 a.m. to 11:00 p.m. (Planning)
6. Property Maintenance
6.1.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 48 hours
once notified in writing by the City. (Planning)
6.2.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. Fees
7.1.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)
8. Storm Water Quality— National Pollutant Discharge Elimination System
8.1.The applicant shall place sufficient trash receptacles outside to collect trash generated
by its patrons. No less than one receptacle shall be provided. These shall be properly
maintained and not allowed to overflow. (Engineering, Water Quality)
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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, Accessibility, and
Mechanical Codes, the 2019 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
10.Security
10.1 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)
11. Alcohol —On-Sale
11.1.The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control for this ABC license up-grade prior to this conditional use permit
amendment becoming effective. (Planning)
11.2.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)
11.3.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)
11.4.The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
11.5.There shall be no live entertainment permitted on the premises unless a special event
permit is received pursuant to Cypress Municipal Code, Chapter 9.
11.6.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)
11.7.The business shall install a surveillance camera system, colored monitor, and silent alarm.
(Police Department)
Effective: 11/14/2022