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HomeMy WebLinkAboutResolution No. 6232341 RESOLUTION NO. 6232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2010 -12 - 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 re- open a restaurant serving general liquor (with a Type 47 Alcoholic Beverage Control License) within an existing 2,000 square -foot lease space located at 5721 Lincoln Avenue, Suite C, within the PC Planned Community Zone, Lincoln Avenue Specific Plan area. 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 Planned Community 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 restaurant is consistent with the permitted uses of the Cypress General Plan and zoning district in which the site is located. (2) Conditions of approval have been imposed to insure the proposed restaurant's compliance with the Cypress City Code and other applicable regulations. (3) The shopping center in which the proposed restaurant would be located contains sufficient parking to accommodate the use. (4) Due to the small scale of the proposed restaurant, including the sale of general alcoholic beverages for onsite consumption, it would not result in a significant or detrimental change in the existing character of the commercial center. (5) The proposed restaurant is located at the site of a previous similar restaurant operation serving general liquor, for which the City has no complaints on record. (6) The conditions of approval for the proposed restaurant serving general liquor are sufficient to restrict and regulate the restaurant use (including limited hours of operation and periodic inspections) to prevent impacts on surrounding residential and commercial uses. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. 342 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2010 -12, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council •f the City of press at a regular meeting held on the 24th day of January, 2011. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR 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 24th day of January, 2011, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore, and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 343 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2010-12 5721 Lincoln Avenue, Suite C CONDITIONS OF APPROVAL Note: Regular text denotes standard conditions. Bolded conditions represent those specific to this project. Italics denote revised text. 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 Code of the City of Cypress. 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 restaurant business operation. 5. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 6. All applicable conditions of Conditional Use Permit No. 2010 -12 shall be complied with prior to commencement of the business operation. 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 • 344 Exhibit "A" Conditional Use Permit No. 2010 -12 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. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control (ABC) prior to Conditional Use Permit No. 2010 -12 becoming effective. 10. In accordance with the Department of ABC's requirements for on -sale alcohol with a restaurant use, the business establishment shall operate and maintain the licensed premises as a bona fide eating place. The business must make actual and substantial sales of food during the normal operational hours that they are open (i.e. 6:00 p.m.- 12:00 a.m.). 11. The restaurant shall provide a full menu containing an assortment of entrees (not only appetizers). 12. The monthly gross sales of alcoholic beverages shall not equal or exceed the gross sales of food during the same period. 13. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2010 -12 will require an amendment to the conditional use permit. 14. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. 15. 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. 16. Architectural plans for the business lease area shall be reviewed and approved by the Community Development Department for compliance with the Conditions herein, prior to the issuance of building permits. 17. / All architectural treatments shall be constructed as illustrated on the approved plans. • Community Development Department • Planning Division • 345 Exhibit "A" Conditional Use Permit No. 2010 -12 Conditions of Approval Page 3 18. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 19. Exterior security lighting shall be provided at the rear of the building, subject to approval by the Cypress Police Deportment and the Community Development Department. The security lighting shall not shine onto the adjacent residential properties located adjacent to the north property line. 20. A plan for the building- mounted sign for this business shall be submitted for Community Development Department approval prior to the sign installation. The applicant/developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. 21. 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. 22. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 23. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 24. The business hours of operation shall be limited to the hours between 9:00 a.m. and 12:00 a.m. (midnight) seven (7) days a week. Outdoor dining shall be prohibited. 25. Late night or early morning deliveries shall be specifically prohibited. Delivery hours shall be limited to the hours between 9:00 a.m. and 6:00 p.m. only, Monday through Saturday. No Sunday deliveries shall be permitted. 26. The City Council shall maintain the right to review the restaurant's 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 or uses. 27. The access door to the business premises facing the alleyway and adjoining single - family residences shall remain closed during all hours of business operation, except during deliveries. Said door shall be designated and used for emergency exit purposes only. A sign shall be attached to the inside of said door to post this requirement. • Community Development Department • Planning Division • 346 Exhibit "A" Conditional Use Permit No. 2010 -12 Conditions of Approval Page 4 28. All exterior doors utilized for emergency exiting shall have locking hardware designed to be locked from the exterior, but unlocked from the interior for egress purposes. 29. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one (1) foot - candle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). 30. The business owner /operator of the restaurant establishment shall be responsible for maintaining compliance with all applicable conditions of this Conditional Use Permit. 31. The business owner /operator of the restaurant establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business for maintaining compliance with all applicable conditions of this Conditional Use Permit. 32. Any and all investigating officials of the City shall have the right to enter the restaurant establishment during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the applicable conditions of this Conditional Use Permit. 33. The owner /operator of the restaurant establishment shall notify the City of any intention to rename or convey the business to another person. A sale or transfer of any interest in the restaurant establishment shall be reported to the City within ten (10) days of such sale or transfer. All new owner(s) of interest/transferees shall comply with this Conditional Use Permit. 34. The restaurant business operation associated with this Conditional Use Permit No. 2010 -12 shall be subject to administrative review by the Cypress Community Development Department and Police Department staff after three (3), six (6), nine (9), and twelve (12) months from the effective date of this Conditional Use Permit (1/24/2011). The administrative review shall determine the business' level of compliance with the existing conditions of approval, the business' compatibility with surrounding commercial and residential uses, and whether activities on the site warrant further conditions of approval, modifications to the existing conditions of approval, or revocation of the Conditional Use Permit by the City Council. In the event staff recommends City Council review /action, the public hearing shall be held at the next available City Council meeting. After the first twelve -month review, the operation and use permit shall be subject to review by the Community Development Department and the Police Department on an annual basis, on the anniversary of the effective date of this Conditional Use Permit. The applicant/business owner shall submit to the City of Cypress a processing fee of $50.00 for each administrative review set forth in this condition. If a public hearing of the City Council is deemed necessary by the Community Development Director, a processing fee deposit of $700.00 shall be • Community Development Department • Planning Division • 347 Exhibit "A" Conditional Use Permit No. 2010 -12 Conditions of Approval Page 5 paid by the applicant/business owner to the City of Cypress as is required for City Council consideration of a modification to a Conditional Use Permit. 35. Should substantiated complaints be received, this conditional use permit may be modified and/or revoked, subject to a public hearing (Cypress Zoning Ordinance, Section 4.19.070.J.). BUILDING CONDITIONS 36. 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. 37. The front entry to the business shall meet ADA access requirements. The floor plan shall show required ADA clearances at the front door and entry, or the interior walls and entry door shall be removed. POLICE CONDITIONS 38. Private dining areas shall remain open at all times. No doors or curtains shall block the views from the doorways into the private dining areas. 39. The business shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. 40. No obstructions shall be attached, fastened or connected to the partitions or ceiling to separate the booths /dining area within the interior space of the licensed premises. 41. The front enclosure walls and the partitions separating the booths /dining areas shall not exceed 54 inches (4' -6 ") in height. 42. The business shall not require an admission charge or a cover charge, nor shall the business require customers to purchase a minimum number of drinks. 43. The business shall not permit "taxi dancing" to occur on the restaurant premises wherein partners are provided for dancing or social purposes. Social purposes include but are not limited to soliciting or accepting of any alcoholic beverages from any customers while in the premises. 44. Window coverings shall be subject to approval by the Cypress Police Department and Community Development Department. Window view of the business from the exterior of the building shall not be blocked. • Community Development Department • Planning Division • 348 Exhibit "A" Conditional Use Permit No. 2010 -12 Conditions of Approval Page 6 45. No form of betting, gambling, or other games of chance shall be allowed on or within the premises (including videogames or internet -based gaming). 46. There shall be no pool tables, coin operated games, or video machines maintained upon the premises at any time. 47. No form of live/amplified entertainment (i.e. musical band or karaoke) or dancing shall be permitted on the premises at any time. 48. Any background music or noise shall not be audible from beyond 20 feet from the exterior of the business premises in any direction. Effective: 1 -24 -2011 • Community Development Department • Planning Division •