Resolution No. 6920 349
RESOLUTION NO. 6920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2023-01, A REQUEST TO
ALLOW ON-SALE BEER AND WINE AT AN EXISTING RESTAURANT
LOCATED AT 4720 LINCOLN AVENUE, WITHIN THE PC— PLANNED
COMMUNITY 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 on-site sale of beer and wine at a restaurant located
at 4720 Lincoln Avenue, within the PC Planned Community Zone.
WHEREAS, the subject site is designated Specific Plan Area in the City's General Plan,
and is zoned PC — Planned Community Zone (Lincoln Avenue Specific Plan), which allows
restaurants with alcohol sales subject to a conditional use permit. Additionally, 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 January 23, 2023, 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 beer and wine license, within an existing 1,320 square-
foot 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 not an "undue concentration" in relation to the number of alcohol
licenses that currently exist within the subject census tract of the City(Census Tract: 1101.11).
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 site is zoned PC— Planned Community(Lincoln Avenue Specific Plan), which is "'"'
consistent with the Specific Plan Area land use designation in the General Plan. The
PC Zone's intent is to permit a compatible mix of land uses, planned commercial
developments, business parks, and a variety of housing styles and densities. The PC
Zone permits uses listed in the associated Specific Plan. The Lincoln Avenue
Specific Plan permits restaurants with alcohol sales, subject to a Conditional Use
Permit and the existing restaurant building site meets all development standards. The
restaurant is in a commercial shopping center with surrounding retail and service type
businesses. The restaurant, with beer and wine sales, will complement the
surrounding uses.
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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. No new construction is included with this project and the
project site meets all development standards. With the recommended project
conditions, including restricted hours of operation, the beer and wine 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 beer and wine 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. 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 beer and wine
license, within an existing 1,320 square-foot 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. 2023-01, 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 23rd day of January, 2023.
attrut-- A ^mom
MAYOR OF THE Addis
OF CYPRESS
ATTEST:
S‘L.
CITY CLERK OF THE C TY 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 23rd day of January, 2023, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
351
EXHIBIT A
CONDITIONAL USE PERMIT NO. 2023-01
(On-sale Beer and Wine at Restaurant)
4720 Lincoln 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 beer
and 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 f, y
3.1.The property owner/tenant shall not erect or display on the subject property any signs which
have not been approved in wilting 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)
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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 2022 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
the 2022 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 10:00 a.m. to 12:00 a.m., seven days a week.
(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.
The system shall keep a minimum 30-day library of events, which shall be available for
downloading and inspection by the Cypress Police Department. (Police Department)
Revised: 1/23/2023