Resolution No. 6334RESOLUTION NO. 6334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2012 -08
- 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 Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow
a smoke /tobacco shop located at 11511 Knott Avenue within the CN Commercial
Neighborhood 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 CN Zone in which the
site is located, which is:
Intended as an area appropriate for providing convenience services
compatible with adjacent neighborhood areas.
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 smoke /tobacco shop use is conditionally
permitted in the applicable CN Commercial Neighborhood Zone, and is consistent with the
Cypress General Plan's commercial land use designation.
(2) Sufficient onsite parking is provided to accommodate the
proposed use within the existing shopping center.
(3) As conditioned, the proposed use would be compatible with
surrounding residential and commercial uses.
(4) Conditions of approval shall restrict the smoke /tobacco shop
operations to prevent noise impacts on adjacent residential properties.
(5) Standard and use - specific conditions of approval have been
imposed to ensure compliance with the Cypress City Code and other applicable
regulations.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2012 -08, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November, 2012.
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A/41 4-F TH Fri; OF CYPRESS
417
ATTEST:
PAO 6,001Aapn
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
418
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 13th day of November, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Seymore, Luebben, Mills, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
itt,LAIL
CITY CLERK OF THE CITY OF CYPRESS
419
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2012-08
11511 Knott Avenue
CONDITIONS OF APPROVAL
Notes:
Regular text denotes standard conditions of approval.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
2. The developer 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 developer of any claim, action, or proceeding brought within this time
period.
3. The applicant/developer shall comply with all provisions of the M
of Cypress.
unicipal Code of the City
4. All requirements of the Orange County Fire Marshal's Office,
Department, and Cypress Building and Safety Division shall
commencement of the business operation.
5. The applicant shall obtain a Cypress business license prior to
business operation.
6. All applicable conditions of Conditional Use permit No. 2012 -08
prior commencement of the smoke /tobacco shop business.
7. All business activity shall occur within the building. Temporary use
for outdoor activity in accordance with Section 35, Division 10,
Ordinance.
Orange County Health
be satisfied prior to
commencement of the
shall be complied with
permits may be granted
of the Cypress Zoning
• Community Development Department • Planning Division •
420
Exhibit "A"
Conditional Use Permit No. 2012 -08
Conditions of Approval
Page 2
8. 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.
COMMUNITY DEVELOPMENT CONDITIONS
9. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -08 will require an amendment to the conditional use
permit.
10. 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.
11. The City Council shall maintain the right to review the business' hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring properties.
12. The business' delivery hours shall be limited from 7:00 a.m. to 9:00 p.m. only, on Monday
through Saturday. Late night or early morning deliveries shall be specifically prohibited.
13. 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 emergency exit purposes only.
14. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
15. The applicant shall satisfy all applicable requirements of the State tobacco laws prior
to Conditional Use Permit No. 2012 -08 becoming effective.
16. The applicant shall satisfy all applicable requirements of the Cypress Municipal Code,
Section 17 -42 pertaining to smoking regulations as they apply to a tobacco store.
17. The applicant shall comply with all applicable Health and Safety Codes pertaining to
the sale of tobacco and tobacco related products.
18. The business must comply at all times with Health and Safety Code Section 11364.5.
• Community Development Department • Planning Division •
421
Exhibit "A"
Conditional Use Permit No. 2012 -08
Conditions of Approval
Violation of Section 11364.5 shall be grounds for revocation of this permit.
Page 3
19. Prior to the sale of any tobacco or tobacco related products, the applicant shall provide
the City with a copy of the Cigarette and Tobacco Products Retailers License from the
State Board of Equalization.
20. All employees must be a minimum of 21 years of age, and at least one employee 21
years of age or older shall be on -site during all business hours.
21. A sign shall be posted at the point of purchase, stating that the sale of tobacco to
minors shall be prohibited.
22. During all hours of operation there shall be no advertising, signage, displays or other
techniques of promotion of devices, instruments and contrivances, including, but not
limited to, items commonly referred to as bongs, superchargers, hash pipes, stones,
roach clips, coke spoons and coke tubes and straws, whose advertised or other
suggested purposes include aiding in the smoking, ingesting or injecting of marijuana,
hashish, PCP or other controlled substances within the meaning of the Health and
Safety Code of the State of California, other than prescription drugs, to minors, under
the age of 18; provided, however, that the forgoing prohibition shall not apply to
advertising, signage, displays or other techniques of promotion of such devices,
instruments and contrivances in a separate room or a fully enclosed separate area of
the business to which minors, not accompanied by a parent or legal guardian, are
excluded and prohibited, through appropriate signage, from entering.
23. Smoking shall be prohibited within the business.
24. The hours of operation for the establishment are 9:00 a.m. to 7:00 p.m., Monday
through Saturday, and closed on Sunday. Any proposed changes to these hours shall
require an amendment to this conditional use permit.
25. A copy of these conditions of approval (signed by all employees) shall be kept on the
premises at all times and made available to any law enforcement officer or other City
employee upon request. All employees shall be made aware of the requirements of this
conditional use permit by the owner /operator of the business and /or his designee.
BUILDING CONDITIONS
26. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010
California Administrative Code, Title 24, and the Code of the City of Cypress.
• Community Development Department • Planning Division •
422
Exhibit "A"
Conditional Use Permit No. 2012 -08
Conditions of Approval
POLICE CONDITIONS
Page 4
27. The address for the business premises must be located at the main entrance to the
shop and clearly visible at all times.
28. All required exterior lighting (located above exterior doorways and in the parking
lot) must fully function and operate during all hours of darkness.
29. Clear lines of sight into the store through all exterior windows must be maintained
at all times.
30. The owner shall maintain a closed circuit television system capable of readily
identifying facial features and the stature of all patrons entering the establishment.
The camera system shall keep a minimum 24 -hour, 30 day library of events, which
shall be available for downloading and inspection by the Cypress Police
Department.
31. Salvia divinorum, or products containing Salvia divinorum, shall not be sold from
the premises.
32. The sale of the following designer drugs shall be prohibited: those substances
marketed as "Bath Salts ", also known as "Ivory Wave ", "Purple Wave ", "Vanilla
Sky ", and "Bliss ", or similar substances containing MDPV
(methylenedioxypyrovalerone) or pyrovalerone derivatives, as well as other designer
drugs described within California Health and Safety Code section 11375.5.
Revised/Effective: 11 -13 -2012
• Community Development Department • Planning Division •