Resolution No. 5628RESOLUTION NO. 5628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002-17 - 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 35, Division 7 of the Zoning Ordinance of the City of Cypress to allow the
upgrade of an existing offsale beer and wine license to an offsale general alcohol license for
California 2000 Market and Deli located at 9175 Valley View Street within the Planned
Commercial/Light Industrial 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 PCM (Planned Commercial/Light
Industrial) Zone in which the site is located, which is:
Intended as to facilitate the innovation design of mixed -used commercial and
light industrial developments on properties designated for such uses in the
General Plan, and to streamline development review of projects proposed
within an approved PCM zone.
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 sale of onsite general alcohol is consistent with other similar
liquor stores within the City
(2) 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002 -17, 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 January, 2003.
MAYOR OF THE CITY OF RESS
ATTEST:
187
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM- GUERTIN, 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 January, 2003, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF ti CITY OF CYPRESS
188
189
EXHIBIT "A"
Conditional Use Permit No. 2002 -17
9175 Valley View Street
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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 m. - 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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress.
3. All applicable conditions of Conditional Use Permit No. 2002 -17 shall be complied with
prior to this permit becoming effective.
4. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 13.21 of Cypress Zoning Ordinance.
5. 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 Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Certificate of Exemption in accordance with the Notice of
Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.3. 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 •
190
Exhibit "A"
Conditional Use Permit No 2002 -17
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
6. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit No. 2002 -17 becoming effective.
7. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
8. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
9. 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.
10. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted use are to be stored solely in designated trash
enclosures.
11. No parking spaces shall be marked for "Market parking only ". Any parking space
marked specifically for the marked must be erased.
12. Any signage place on the exterior of the market, lawn, and/or on public right -away
must be approved be the planning department.
BUILDING CONDITIONS
13. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Cypress City Code.
Effective: 1 -13 -2003
• Community Development Department • Planning Division •