Resolution No. 6578393
RESOLUTION NO. 6578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3067
- 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 allow
an Alcoholic Beverage Control (ABC) License for Off -Sale Beer and Wine at an existing 99
Cents Only store located at 9937 Walker Street within the CG Commercial General 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 CG Commercial General
Zone in which the site is located, which is:
Intended as an area to serve the daily shopping needs of the
community, including larger, community -scale shopping centers and
regional malls, which may be anchored by several department stores
or other large -scale retail outlets.
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 off -sale beer and wine sales at the existing retail
store /mini- 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 retail
store /mini- market would be consistent with the uses permitted in the
applicable CG Commercial General Zone.
(3) The proposed off -sale beer and wine sales would provide a
public convenience and necessity for the surrounding neighborhood.
(4) Since no complaints have been received by the city regarding
the operation of the existing retail store /mini- market, and the Conditions of
Approval would restrict the alcohol display and sales operations, the
proposed off -sale beer and wine sales would not interfere with the quiet
enjoyment of residential properties located to the west and east 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 3067, 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.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of July 2016.
MAYOR OF THE CITY CYPRESS
ATTEST:
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 11th day of July, 2016, by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Berry, Peat, Morales, and Yarc
None
None
Johnson
CITY CLERK OF THE CITY OF CYPRESS
394
395
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3067
9937 Walker Street
(Mini- Market with Off -Sale Beer and Wine)
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)
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)
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. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.4. This conditional use permit may be modified or revoked subject to a public hearing 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. (Planning)
3. Architectural N/A
• Community Development Department • Planning Division •
396
Exhibit "A"
Conditional Use Permit No. 3067
Conditions of Approval
4. Signage
Page 2
4.1. The business shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping N/A
6. Operational
6.1. 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 N/A
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 within 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
• Community Development Department • Planning Division •
397
Exhibit "A"
Conditional Use Permit No. 3067
Conditions of Approval
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety
Page 3
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale
24.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use permit becoming effective. (Planning)
24.2. The beer and wine sales shall be limited to non - refrigerated storage only. No alcoholic
beverages shall be stored in the cooler areas. (Police Department)
24.3. Floor displays of alcoholic beverages shall be located at the rear section of the store.
(Police Department)
24.4. Window or exterior signage advertising alcoholic beverages shall be prohibited. (Police
Department)
24.5. Outdoor payphones shall be prohibited on the subject property. (Police Department)
24.6. The business shall post "No Loitering" signage at the front of the building. (Police
Department)
24.7. The store shall maintain a surveillance camera system with audio capabilities, colored
monitor, and silent alarm. (Police Department)
24.8. The sale of packaged single - serving beer and malt beverages for off - premises consumption,
in less than a factory- packaged six -pack or three -pack totaling less than 72 ounces
(including 40 -ounce and 24 -ounce bottles and cans of beer and malt liquor) shall be
prohibited. (Police Department)
• Community Development Department • Planning Division •
398
Exhibit "A"
Conditional Use Permit No. 3067
Conditions of Approval
Page 4
24.9. The sale of all fortified wines shall be prohibited, unless approved in writing by the Cypress
Chief of Police. (Police Department)
24.10. Wine shall not be sold in bottles or containers smaller than 750 ml., except wine - coolers,
which must be sold in manufacturer pre - packaged quantities (at a minimum of four).
(Police Department)
24.11. The sales of beer or malt beverages in quantities of 24 oz., 32 oz., 40 oz., or similar size
containers are prohibited. No beer or malt beverages shall be sold in quantities of less than
three per sale in manufacturer pre - packaged quantities. (Police Department)
24.12. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by
single containers. These beverages shall be sold in manufacturer pre - packaged multi -unit
quantities. (Police Department)
24.13. No alcoholic beverages shall be consumed on the premises. A sign stating "NO OPEN
ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES"
shall be posted in a place that is clearly visible to customers. (Police Department)
25. Fire N/A
Effective: 7 -11 -2016
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
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
• Community Development Department • Planning Division •