Resolution No. 6960 17
RESOLUTION NO. 6960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2024-02, A REQUEST TO
PERMIT BOTH ON-SALE BEER AND WINE AND OFF-SALE GENERAL
ALCOHOL AT A NEW SPECIALTY MARKET WITH A FOOD-COURT LOCATED
AT 4955 KATELLA AVENUE, WITHIN THE PBP - PLANNED BUSINESS PARK
ZONE AND DETERMINING THAT PUBLIC CONVIENCE WOULD BE SERVED
WITH THE ISSUANCE OF BOTH TYPE 21 AND TYPE 41 ALCOHOLIC
BELVERAGE CONTROL LICENSES AND FINDING THE PROJECT EXEMPT
FROM CALIFORNIA ENVIROMENTAL QUALITY 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 both the sale of on-site beer and wine and the sale
of off-site general alcohol at a new specialty market with a food-court restaurant located at
4955 Katella Avenue, 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 (CBPC SP)
allows support commercial and service uses, such as restaurants and specialty markets,
subject to a conditional use permit in the Planning Area 6 of the Specific Plan where the
subject property is located. Additionally, Section 3.17.030 of the Cypress Zoning Ordinance
requires a conditional use permit and has special use provisions for uses with alcohol sales.
WHEREAS, although a specialty market is not specifically listed within the CBPC SP,
restaurants and food courts are permitted. Similar uses that the Planning Director finds
consistent with the purpose and intent of the land use designation may be approved, subject
to review by the City Council. A specialty market aligns with the intent of the land use
designation as it will support the adjacent hotel and business park employees by providing
convenient access to a variety of goods and dining options.
WHEREAS, the City Council, after proper notice thereof, on May 28, 2024, 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
a new specialty market with a food-court restaurant with alcohol sales within an existing
18,000 square foot lease space located within a seven-acre shopping center. Besides minor
tenant improvements to accommodate the market and restaurant, there is no new building
construction related to 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.
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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 4.19.070.E 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 PBP, Planned Business Park, which is consistent with the Specific
Plan designation in the general plan. The PBP Zone is intended to provide 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 within the PBP Zone, subject to a CUP and the application
meets all development standards. The use is in a commercial shopping center and
the surrounding uses are retail and service. The addition of a specialty market and
restaurant, with off-premises general alcohol and on-premises beer and wine sales,
will complement the nearby hotel, residential, and business park uses in the vicinity.
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:
The specialty market and restaurant is in an established commercial shopping
center and surrounded by compatible uses. The shopping center meets all
development standards, including sufficient parking to serve all the businesses on
a shared access basis. The addition of a specialty market and restaurant, with off-
premises general alcohol and on-premises beer and wine sales, will not be
detrimental to the public health, safety or welfare, or injurious to properties in the
vicinity, as it is regulated by the Department of Alcoholic Beverage Control (ABC).
With the recommended project conditions, the restaurant and alcoholic beverage
sales will comply with both the Municipal Code and Alcoholic Beverage Control
regulations. There is no indication that alcoholic beverage sales at this location will
cause public safety issues or 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 use as proposed and conditioned is consistent with the criteria for approving
conditional use permits for restaurants and also for alcoholic beverage sales, as set
forth in Section 3.17.030.B of the Zoning Ordinance.
SECTION 2. Land Use Determination. Similar uses within the CBPC SP that the
Planning Director finds consistent with the purpose and intent of the land use designation
may be approved, subject to review by the City Council. The City Council determines that,
although a specialty market is not specifically listed within the CBPC Specific Plan, a specialty
market aligns with the intent of the land use designation because the market will support the
adjacent hotel patrons and business park employees by providing convenient access to a
variety of goods and dining options.
SECTION 3. Public Convenience or Necessity. The City Council of the
City of Cypress hereby determines that public convenience would be served with the issuance
of both a Type 21 alcohol license for the sale of off-site general alcohol in the specialty market
and a Type 41 alcohol license for the sale of on-site beer and wine in the food-court restaurant
section of the market. A specialty market and food-court with alcoholic beverage sales
meets the City's intent to provide a variety of shopping and dining options to support the
surrounding business park and neighborhoods.
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SECTION 4. 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 new specialty market with a food-court
restaurant with alcohol sales within an existing 18,000 square foot lease space located within
a seven-acre shopping center. Besides minor tenant improvements to accommodate the
market and restaurant, there is no new building construction related to the project. Therefore,
the City Council has determined that there is no substantial evidence that the project may
F 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. 2024-02, 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 28th day of May, 2024.
—Mk OR OF Tid I Y OF CYPRESS
ATTEST:
\ Sfut, 4Wki
CITY ERK OF THE CITY OF CYPRESS
111 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 28th day of May, 2024, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CI OF CYPRESS
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EXHIBIT A
CONDITIONAL USE PERMIT NO. 2024-02
(Off-sale General Alcohol at Specialty Market
& On-sale Beer and Wine at Food Court Restaurant)
4955 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 specialty market shall be limited to off-
sale general alcohol (Type 21 ABC License), which includes the sale of packaged beer,
wine & distilled spirits for off-site consumption. The food-court style restaurant located
within the market shall be limited to on-sale beer and wine (Type 41 ABC License), which
is limited to on-site consumption of open-container beer and wine. The beer and wine
consumption activities shall be confined within the food-court restaurant floor 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.
All signs shall conform to the approved sign program for the commercial center.
(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
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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. 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 for the County's administrative filing 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 2023 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2023 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 food court's hours of operation shall be no greater than 9:00 a.m. to 9:00 p.m.,
Sunday through Thursday and 9:00 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. The rear door(s) shall be kept closed at all times during the operation of the premises
except in cases of emergency and to permit deliveries. Said door(s) not to consist solely
of a screen door or ventilated security door. (Police Department)
9.5. The parking lot of the premises shall be adequately illuminated during hours of darkness
to the satisfaction of the Cypress Police Department. (Police Department)
9.6. The windows of the premises shall not be tinted or covered in a way which obstructs a
clear view of the interior of the premises from the exterior. (Police Department)
9.7. No wine shall be sold for on-site consumption with an alcoholic content greater than 15%
by volume. (Police Department)
9.8. Alcoholic beverages shall be sold and served in containers which are distinguishable from
other beverages sold at the premises. (Police Department)
9.9. 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)
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9.10. The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
9.11. There shall be no live entertainment permitted on the premises unless a special event
permit is received pursuant to Cypress Municipal Code, Chapter 9.
9.12. There shall be no outdoor special promotional events held on the property, unless a
written request for such is received and approved by the City of Cypress Director of
Community Development and the Police Department at least one week prior to the
event. (Police Department)
9.13. Controls shall be established to maintain occupancy levels allowed by the Orange
County Fire Authority (OCFA) and are not to be exceeded. Methods of controlling
occupancy can include but are not limited to the following: Counters used to count the
number of occupants entering and exiting the location which are available for inspection
for OCFA or the police department. (Police Department)
9.14. Employees and contract security personnel shall not consume any alcoholic beverages
prior to or during their work shift. (Police Department)
9.15. 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 with a
copy of the completed Alcohol Management Program (AMP) certificate. (Police
Department)
9.16. 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)
9.17. The owner or manager of the licensed premises shall maintain on the premises a written
security policy and procedures manual addressing at a minimum the following items:
handling obviously intoxicated persons; establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to monitor beverage sales and patron
behavior; handling patrons involved in fighting or arguing; handling loitering about the
building and in the immediate adjacent area that is owned, leased, rented or used under
agreement by the licensee(s); verifying age/checking identification of patrons; warning
patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling
the police regarding observed or reported criminal activity. (Police Department)
9.18. An incident log shall be maintained at the licensed premises on a continual basis with at
least one year of entries and be readily available for inspection by a police officer. The
log is for recording any physical altercations, injuries, and objectionable conditions that
constitute a nuisance occurring in, on, or at the licensed premises, including the
immediately adjacent area that is owned, leased, or rented by the licensee. The log will
indicate date, time, description of incident, and action taken. "Objectionable conditions
that constitute a nuisance" means disturbance of the peace, public drunkenness,
drinking in public, harassment of passersby, gambling, prostitution, loitering, public
urination, lewd conduct, drug use/trafficking, or excessive loud noise. (Police
Department)
10.Alcohol — Off Sale
10.1. Alcohol cooler doors shall be locked after business hours and shall have partitions within
the coolers that prevent reaching around from neighboring cooler doors into the alcoholic
beverage cooler area. (Police Department)
10.2. The cooler areas containing alcoholic beverages shall not exceed 50%of the total cooler
area. (Police Department)
Effective: 5/28/2024