Resolution No. 6303191
RESOLUTION NO. 6303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -1
- 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 an amendment to an existing conditional
use permit in accordance with tile provisions of 4.19.070.1 of the Zoning Ordinance of the
City of Cypress to allow the physical expansion of an existing convenience market with an
on -sale beer and wine license (ABC License Type 20) and to allow the use expansion for
the addition of periodic beer and wine tasting events on- premises (ABC License Type 42)
located at 5721 Lincoln Avenue, Suites A and B within the PC Planned Community 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 Zone in which the
site is located, which is:
Intended as an area to provide for the opportunity for the design and
development of integrated, master planned projects in areas of the
City which may benefit from special design standards and land uses
not otherwise possible under conventional zoning district regulations.
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 location of the proposed convenience market expansion is
consistent with the permitted uses of the Cypress General Plan — Specific
Plan designation, the Planned Community Zone, and the Commercial Mixed
Use District of the Lincoln Avenue Specific Plan area in which the site is
located.
(2) Conditions have been imposed to insure the proposed
expansion of the convenience store use would comply with the Cypress City
Code and other applicable regulations, including the applicable conditions of
the underlying Conditional Use Permit No. 87 -7 for the entire commercial
center.
(3) The shopping center in which the subject convenience market
is located contains sufficient parking to accommodate the use, with the
proposed expansion.
(4) The proposed expansion lease area was previously a Mexican
retail meat market. Therefore, the proposed convenience market expansion
into this area would be a similar retail commercial use, not resulting in a
significant change of use.
(5) No complaints have been received regarding the current
convenience market operations.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance and the Lincoln Avenue Specific Plan.
192
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve the Amendment to Conditional Use Permit No. 88 -1,
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 14th day of May, 2012.
ATTEST:
1 JPJ o0-C_ A2aV1
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MA F THE '% 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 14th day of May, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
193
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-1
5721 Lincoln Avenue, Suites A and B
CONDITIONS OF APPROVAL
Notes:
Regular text denotes existing conditions of approval.
Italicized text denotes amended or new conditions.
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, indemn, 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 notes the developer of any claim, action, or proceeding brought within this
time period
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress
and the California State Law.
4. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
6. In addition to the applicable conditions of this Conditional Use Permit No. 88 -1 (as
amended), all applicable conditions of the underlying Conditional Use Permit No. 87 -7 (as
amended) that are applicable to the entire commercial center shall be complied with prior
to occupancy of the subject building.
7. All business activity shall occur within the building Temporary use permits may be granted
for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning
Ordinance.
• Community Development Department • Planning Division •
194
Exhibit "A"
Amendment to Conditional Use Permit No. 88 -1
. 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.
9. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof
COMMUNITY DEVELOPMENT CONDITIONS
10. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
11. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control (ABC) prior to Conditional Use Permit No. 88 -1 (as amended) becoming
effective.
12. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 88 -1 (as amended) will require an amendment to the
conditional use permit.
13. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. Minors (persons under 21 years of age) shall not be allowed to enter and remain on
the business premises during the periodic beer and wine tasting events conducted under the
Type 42 ABC License.
14. 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.
• Community Development Department • Planning Division •
195
Exhibit "A"
Amendment to Conditional Use Permit No. 88 -1
Conditions of Approval
Page 3
15. Architectural improvement plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
16. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted
17. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
18. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
19. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department.
20. Upon expiration or termination of the tenant's lease term, the tenant or property owner
shall remove all wall signs, patch the canopy and fascia, and paint the patched area to
match the surrounding wall fascia. This painted area shall constitute the entire wall of
the tenant space or entire building if there are no screed lines or architectural
projections to provide a clear line of demarcation.
21. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
22. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
23. 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.
24. 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. The business' hours of operation shall not exceed the limitations on the entire
commercial center, as set forth in the conditions of approval for Conditional Use Permit No.
87 -7 (as amended).
25. The business hours of operation in relation to truck dock activity shall be limited from 9:00
a.m. to 6:00 p.m. only, on Monday through Saturday, as set forth in the conditions of
approval for the underlying Conditional Use Permit No. 87 -7. Late night or early morning
deliveries, and Sunday deliveries, shall be specifically prohibited
• Community Development Department • Planning Division •
196
Exhibit "A"
Amendment to Conditional Use Permit No. 88 -1
Conditions of Approval
Page 4
26. Any 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.
27. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
28. The alcoholic beverage sales associated with the subject convenience market shall be
limited to off -sale beer and wine (Type 20 ABC License) with periodic on -sale beer and
wine tasting events (Type 42 ABC License.) The beer and wine tasting promotional
events shall occur no more frequent than once per calendar month. These events shall be
confined within the business building and shall comply with the restrictions of the
applicable ABC License. The beer or wine tasting events shall not be conducted on the
same day.
BUILDING CONDITIONS
29. 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.
30. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained from the Public Works Department.
POLICE CONDITIONS
31. Security personnel shall be provided at the business to keep order during the periodic
alcohol beverage tasting events.
Amended: 5 -14 -2012
• Community Development Department • Planning Division •