Resolution No. 6479238
RESOLUTION NO. 6479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 4 TO CONDITIONAL USE
PERMIT NO. 84 -5 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with
the provisions of 4.19.070.1 of the Zoning Ordinance of the City of Cypress to allow an
upgrade of the existing Alcoholic Beverage Control (ABC) License from "Off -Sale Beer and
Wine" to "Off -Sale General" liquor at an existing Target retail commercial store located at
6835 Katella Avenue within the PC -1 Planned Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the PC -1 Planned
Community Business Park Zone in which the site is located, which is:
Intended as an area for modern industrial /commercial development
which meets the high performance and development standards of the
City.
b. The proposed 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 in that:
(1) The proposed off -sale general liquor sales at the existing retail
commercial store would be consistent with the goals, policies, and objectives
of the Cypress General Plan, as updated in 2001.
(2) The proposed off -sale general liquor safe; at ::he existing retail
commercial store would be consistent with the uses permitied in the
applicable PC -1 Planned Community Business Park Zone.
(3) The proposed off -sale general liquor sales ivou!,: provide a
public convenience and necessity for the surrounding neichborh000.
(4) Since no complaints have been received by the City regarding
the operation of the existing retail commercial store with off -sale beer and
wine, and the Conditions of Approval would restrict the alcohol display and
sales operations, the proposed off -sale general liquor sales would not
interfere with the quiet enjoyment of residential properties located to the
north of the subject commercial center property.
(5) Sufficient access and parking for the proposed use exists
within the commercial center located on the subject property.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, as well as the applicable guidelines of the
Lusk - Cypress Industrial Park.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment No. 4 to Conditional Use Permit No. 84-
5, subject to the conditions attached hereto as Exhibit "A ".
239
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
meeting held on the 10th day of November, 2014.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
the City of Cypress, at a regular
L ■L■ /G /Li
MAYO
F THE CITY OF CYPRESS
I, DENISE BASHAM, 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 10th day of November, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
240
EXHIBIT "A"
AMENDMENT NO. 4 TO CONDITIONAL USE PERMIT NO. 84-5
6835 Katella Avenue
(Up -grade Off -Sale Beer and Wine to Off -Sale General Alcohol)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (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)
2. Planning
2.1. 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 subject to a public hearing 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 N/A
4. Signage N/A
5. Landscaping N/A
• Community Development Department • Planning Division •
241
Exhibit "A"
Amendment No. 4 to Conditional Use Permit No. 84 -5
Conditions of Approval
6. Operational N/A
7. Property Maintenance N/A
8. Fees
Page 2
8.1. Within forty-eight (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 Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty-eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void. (Planning)
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety N/A
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale N/A
• Community Development Department • Planning Division •
242
Exhibit "A"
Amendment No. 4 to Conditional Use Permit No. 84 -5
Conditions of Approval
24. Alcohol — Off Sale
Page 3
24.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
24.2. The cooler areas containing alcoholic beverages shall not exceed fifty percent (50 %) of the
total cooler area. (Police Department)
24.3. Window or exterior signage advertising alcoholic beverages shall be prohibited. (Police
Department)
24.4. The store shall maintain a surveillance camera system and silent alarm. (Police
Department)
24.5. No alcoholic beverages shall be consumed on the premises. (Police Department)
25. Fire N/A
Effective: 11 -10 -2014
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
• Community Development Department • Planning Division •