Resolution No. 6137 RESOLUTION NO. 6137 371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2005-20 -
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 amendment in
accordance with the provisions of Section 4.19.070.1 of the Zoning Ordinance of the City of
Cypress to expand the existing hours of operation to 24 hours for a convenience market
with off-sale beer and wine sales (Type 20 ABC License) located at 4502 Lincoln Avenue
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 Planned Community
Zone in which the site is located, which is:
Intended to permit a compatible mix of land uses, planned
commercial developments and business parks, and a variety of
housing styles and densities.
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 use would include a downgrade from off-sale
general liquor sales (Type 21 ABC License) to off-sale beer and wine sales
(Type 20 ABC License) at the existing convenience market, as well as
extend the existing hours of operation to 24-hours. The proposed modified
operations of the existing convenience market would be consistent with the
goals, policies and objectives of the Cypress General Plan, as updated in
2001.
(2) The proposed off-sale beer and wine sales at the existing
convenience market would be consistent with the listed uses permitted in the
applicable CM Commercial Mixed Use District of the Lincoln Avenue
Specific Plan and the PC Planned Community Zone.
(3) No complaints have been received by the City regarding the
operation of the existing convenience market with off-sale general alcohol
sales.
(4) The Conditions of Approval would allow the City Council to
review and/or modify the proposed 24 hour operation of the business if
substantiated complaints are received that the business hours are causing a
nuisance to the surrounding properties or uses. Therefore, the proposed
modification to the convenience market operation would not interfere with
the quiet enjoyment of residential properties located to the south (within 100
feet) 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.
372
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment to Conditional Use Permit No. 2005-20,
subject to the revised 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 27th day of April, 2009.
OF Y OF CYPRESS
ATTEST:
-LLOL &O41
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 27th day of April, 2009, 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
lObe'LLO-E &a/IWO
CITY CLERK OF THE CITY OF CYPRESS
373
EXHIBIT "A"
Conditional Use Permit No.2005-20
(Amended April 27,2009)
Located at 4502 Lincoln Avenue
CONDITIONS OF APPROVAL
Regular text denotes standard conditions of approval previously applied to this business location.
Bolded text denotes new or amended conditions specific to the modified use.
Strike through text denotes deleted provisions of an existing condition of approval.
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 sec. - 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. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. 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.
6. 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 Department •Planning Division •
374
Exhibit "A" Page 2
Conditional Use Permit No. 2005-20
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
7. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic ot
Beverage Control prior to Conditional Use Permit No. 2005-20 becoming effective.
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005-20 (as amended on April 27, 2009) will require an
amendment to the conditional use permit.
9. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
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 business owner shall not erect or display on the subject property any signs which have
not been approved in writing by the Community Development Department.
12. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
13. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
14. 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.
15. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken,missing or significantly cracked surface finished materials and graffiti.
16. The City Council, at its discretion, subject to a public hearing, may modify the hours of
operation should substantiated complaints be received that the business hours are creating an
adverse impact on surrounding properties or uses, or should conditions relative to the
operation of the business justify such an action. If such an action is deemed necessary
by the Community Development Director, a processing fee deposit of$700.00 shall be
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.
• Community Development Department•Planning Division •
•
375
Exhibit "A" Page 3
Conditional Use Permit No. 2005-20
Conditions of Approval
17. Late night or early morning deliveries (between 10:00 p.m. and 7:00 a.m. weekdays and
Saturdays, and between 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays) shall be
specifically prohibited, with the exception of one nightly delivery of fresh food products
until 2:30 a.m. This single delivery shall be made by small "pub" truck, in silent
(engine off)mode,parked in the front parking lot,with delivery conducted through the
front door of the business. Deliveries through the business' side door and parking of
delivery trucks on Denni Street shall be prohibited. The general business hours of
operation for the convenience market shall be permitted 24-hours daily, subject to a
12-month probationary period and the compliance provisions of Conditions 16 and 19
herein.
18. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times. Similarly, access to the trash enclosure located on the Denni Street
side of the building shall be limited to these cleaning/maintenance hours.
19. The convenience market operation associated with this Conditional Use Permit No.
2005-20 (as amended on April 27, 2009) shall be subject to administrative review by
the City 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 Amendment (4/27/09). The administrative reviews 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 twelve-
month review, the operation and use permit shall be subject to review by the
Community Development Department and the Police Department on a complaint
basis. 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 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.
• Community Development Department •Planning Division •
376
Exhibit "A" Page 4
Conditional Use Permit No. 2005-20
Conditions of Approval
20. 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.
The access door located on the Denni Street side of the building shall remain closed,
except during exiting.
21. Security lighting shall not shine onto the adjacent residential properties located
adjacent to the south property line.
BUILDING CONDITIONS
22. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2007 California Building, Plumbing, Electrical, and Mechanical
Codes, the 2007 California Administrative Code, Title 24, and the Code of the City of
Cypress.
STORMWATER QUALITY CONDITIONS
23. The business shall be subject to the City's National Pollution Discharge Elimination
System(NPDES) Commercial/Industrial Program.
FATS, OILS, AND GREASE CONDITIONS
24. The business shall comply with the City's Fats, Oils, and Grease (FOG) Program
requirements.
Effective: 4-27-2009
• Community Development Department •Planning Division •