Resolution No. 6532089
RESOLUTION NO. 6532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3040
- 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
approve a request to extend the hours of operation and allow outdoor consumption of
beer and wine in the patio area of the restaurant located at 4450 Lincoln Avenue 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 amendment to 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 provide an 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. The PC
zoning district 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 amendment to 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 extended hours of operation are consistent and
compatible with the other commercial and restaurant uses currently located
within the same commercial shopping center.
(2) The proposed outdoor consumption of beer and wine in the
patio area for the restaurant would be compatible with the other commercial
and restaurant uses currently located within the same commercial shopping
center.
(3) Conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations for
restaurant uses serving alcoholic beverages which include outdoor dining.
(4) Standard conditions of approval have been imposed to ensure
compliance with the requirements of the Cypress City Code, the Department
of ABC, 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. 3040 subject to the
conditions attached hereto as Exhibit "A".
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.
090
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 28th day of September, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF 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 28th day of September, 2015, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
1011/A=0-e,
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 3040
4450 Lincoln Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
• Community Development Department • Planning Division •
091
092
Exhibit "A"
Conditional Use Permit No. 3040
Conditions of Approval
Page 2
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.3. All business activity shall occur within the building and the outdoor patio area. (Planning)
2.4. This conditional use permit may be modified or revoked by the City Council should the
City 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. (Planning)
3. Architectural N/A
4. Signage N/A
5. Landscaping N/A
6. Operational
6.1. The business hours of operation shall be limited from 6:00 a.m. to 12:00 a.m. Sunday
through Thursday, 6:00 a.m. to 2:00 a.m. Friday and Saturday, and 9:00 a.m. to 10:00 p.m.
seven days a week for the outdoor patio area. (Planning)
6.2. The service and/or consumption of alcohol is prohibited prior to 11:00 a.m. daily.
(Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structural integrity of the
structure or graffiti which threatens the appearance. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. 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. (Planning)
• Community Development Department • Planning Division •
093
Exhibit "A"
Conditional Use Permit No. 3040
Conditions of Approval
Page 3
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to
bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
8. Fees
8.1. 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. (Planning)
9. Engineering N/A
10. Landscaping in the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality N/A
20. Building and Safety N/A
21. Security N/A
• Community Development Department • Planning Division •
094
Exhibit "A"
Conditional Use Permit No. 3040
Conditions of Approval
22. Antennas N/A
23. Alcohol — On Sale
Page 4
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
23.2. Sales, service and consumption of alcoholic beverages within the restaurant shall be
permitted only between the hours of 11:00 a.m. to 12:00 a.m. Sunday through Thursday,
11:00 a.m. to 2:00 a.m. on Fridays and Saturdays and 11:00 a.m. to 10:00 p.m. seven days a
week within the outdoor patio area. (Police Department)
23.3. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.4. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages which are clearly visible to the exterior shall
constitute a violation of this condition. (Police Department)
23.5. No alcoholic beverages shall be consumed on any portion of the property adjacent to the
licensed premises under the control of the licensee. (Police Department)
23.6. The parking lot of the premises shall be adequately illuminated during hours of darkness to
the satisfaction of the Cypress Police Department. (Police Department)
23.7. The windows of the premises shall not be tinted or covered in a way which obstructs a clear
view of the interior of the premises from the exterior. (Police Department)
23.8. The playing of music or other forms of entertainment through outside loud speaker(s) is
prohibited. (Police Department)
23.9. The business owner shall not permit any employee to solicit in or upon the licensed
premises, the purchase or sale of any drink, any part of which is for, or intended for, the
consumption or use of such employee or shall not permit any employee of such licensee to
accept, in or upon the licensed premises, any drink which has been purchased or sold
therein, any part of which drink is for, or intended for, the consumption or use of any
employee. (Police Department)
23.10. The business owner shall not permit any employee or agent to engage in the service of
sitting or otherwise spending time with customers, unless such employee is compensated by
the employer solely on an hourly or other time basis without reference to the number of
alcoholic or non - alcoholic beverages consumed by customers who are recipients of the
aforementioned services. (Police Department)
• Community Development Department • Planning Division •
095
Exhibit "A"
Conditional Use Permit No. 3040
Conditions of Approval
Page 5
23.11. Signs shall be posted at all exits of the restaurant and outdoor patio area which prohibit
alcoholic beverages from leaving the confines of the premises. (Police Department)
23.12. Food service shall be available until one (1) hour prior to closing on each day of operation.
(Police Department)
23.13. At any time when the licensee(s) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries.
(Police Department)
23.14. All employees of the business who sell or serve alcoholic beverage products shall be
required to complete a training program in alcoholic beverage compliance, crime
prevention techniques and the handling of violence. For new employees, such training
program must be completed within thirty (30) days of the date of hire. The employees must
provide the City of Cypress Police Department, Criminal Investigations Bureau a copy of
the completed Alcohol Management Program (AMP) certificate. (Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 9 -28 -2015
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
• Community Development Department • Planning Division •
096
Exhibit "A"
Conditional Use Permit No. 3040
Conditions of Approval
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 6
• Community Development Department • Planning Division •