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Resolution No. 2679RESOLUTION NO. 2679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 83-13 - WITH CONDITIONS. 288 THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESERVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to conduct an Outdoor Market at the Los Alamitos Race Course. 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 zone in which the site is located is: To permit adequate identification of areas reserved and developed for public uses other than street rights-of-way, to provide for expansion of their operations or change in use and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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) Adequate off-street parking areas are available to accommodate anticipated attendance levels. If it appears that the parking lot will become full, parking lot entrances shall be closed after approximately 8,000 parking spaces are filled. The entrances shall not be reopened until the number of utilized parking spaces decreases to 7,000. Upon closure of the parking lot, a sig -alert shall be released indicating the existing conditions and anticipated time of reopening. (2) Outdoor Market activities will be conducted so that the hours of operation do not conflict with the hours of operation of the Race Course. (3) On -street parking will be prohibited and enforcement of on -street parking and traffic control shall be provided and paid for by the applicants as recommended jointly by the Cities of Los Alamitos and Cypress. (4) The selling booths for the Outdoor Market will be located in the parking lot adjacent to the grandstands, thereby limiting the impact on surrounding properties. Activities authorized under this use permit will be conducted for a trial period beginning October 1, 1983 and ending January 8, 1984, to determine if any negative impacts result from the operation of this use. (6) Traffic problems should not be a major concern because of the improvements made to Katella Avenue, based on Race Track attendance which is greater than that anticipated for the Outdoor Market. Additionally, the layout of the grounds is such that stacking lanes will be provided at the Katella Avenue and Walker Street entrances which can hold an access of 100 cars each. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. (5) 289 4. The City Council DOES HEREBY GRANT said conditional use permit, 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 8th day of August 7983. ATTEST: CITLERK OF��THE CITOF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, 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 8th day of August 1983, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo NOES: 1 COUNCIL MEMBERS: Coronado ABSENT: 0 COUNCIL MEMBERS: None CITY CL RK OF THE CITY OF CYPRESS 2 290 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 83-13 1. This conditional use permit shall be valid beginning October 1, 1983, and shall expire January 8, 1984, unless extended by the Cypress City Council at its January 9, 1984 meeting. 2. The operation of the Outdoor Market shall be limited to Sundays only for the first twelve (12) months. 3. If extended beyond the original three (3) months, Conditional Use Permit No. 83-13 shall expire one (1) year from the date of City Council extension unless before expiration said use permit is again extended by the City Council. 4. The applicant shall submit a product list to the Planning Department for approval. 5. All food vendors shall be properly inspected and licensed by the Orange County Health Department. 6. Sellers/vendors shall comply with State law by submitting to the Cypress Police Department lists of all serialized items bought for sale and those sold that day. Appropriate forms shall be purchased by the Outdoor Market from the Department of Justice to be supplied to all sellers/ vendors upon entry. 7. Cypress businesses who operate and are licensed at an address in the City of Cypress shall be provided vendor preference in renting a display booth. 8. All sellers/vendors who participate in the Outdoor Market more than once a calendar year must obtain a City business license. Within forty- eight (48) hours after the closing of said event, the operators shall supply the City with a list of first-time sellers/vendors to notify regarding the necessary license. Second -time sellers/vendors shall not be allowed to participate in the Outdoor Market without a Cypress business license. 9. All regular sellers/vendors shall obtain a State Board of Equalization resale permit registered in the City of Cypress as the origination of sale. Regular sellers/vendors are defined as those who utilize the Outdoor Market more than two times per year. 10. The applicant shall provide sanitary public restroom facilities avail- able at all times during the hours of operation. 11. The applicant shall provide the Cypress Police Department with the name and onsite phone number of a responsible person managing the operation. 12. Public announcements shall be made with a portable P.A. system, which is limited to the immediate selling/merchandise area. Speakers must be directed in towards this area and away from adjoining properties. The P.A. system may only be used for general announcements regarding lost children, etc., and not for commercial advertising purposes. 291 13. Private security shall be provided at the expense of the sponsors. 14. The applicant shall provide traffic control for onsite parking at no expense to the City of Cypress. 15. A stacking lane shall be provided onsite to insure free flow of traffic on Katella Avenue and Walker Street. 16. The Walker Street entrance shall be encouraged as an alternate route to the Katella entrance. 17. Hours of operation shall be limited from 8 a.m. to 3 p.m. on Saturdays to alleviate any potential conflict between the Swap Meet and the Race Course traffic (post time is 7:45 p.m.) Sunday hours shall be limited from 8 a.m. to 5 p.m. and advertising shall indicate as such. 18. No on -street parking shall be permitted. 19. The applicants shall provide on -street parking and traffic control at no expense to the City of Los Alamitos. 20. The City Council may modify or revoke should it determine that the business in a manner detrimental to the public materially injurious to properties or Conditional Use Permit No. 83-13 is being operated or maintained health, safety or welfare or improvements in the vicinity. 21. The northbound traffic signal and striping at Siboney and Katella shall be changed to permit left and right turns only. This would deter cars from "short -cutting" through the Dutch Haven residential tract to access the Race Course. Cost to be borne by the applicant. 22. The applicant shall not permit the backing up of vehicles on Katella Avenue or Walker Street when the vehicles would hinder the normal flow of traffic. If such a situation does arise, the ticket takers shall allow free parking until the street is clear of congestion. 23. The number of off-site parking and traffic control officers shall be determined by a joint recommendation from the Police Departments of Los Alamitos and Cypress. 24. No on-site parking shall be permitted on the unpaved portion of the Race Track parking lot. 25. In an attempt to regulate overcrowding at the Outdoor Market, the parking lot entrances shall be closed after approximately 8,000 parking spaces are filled. The entrances shall not be reopened until the number of utilized parking spaces decreases to 7,000. Upon closure of the parking lot, a sig -alert shall be released indicating the existing conditions and anticipated time of reopening. 26. A $2 fee per person shall be charged for walk-in patrons. Free passes shall be issued to any residents within one-half mile directly north and south of the Race Track. 282 - 3 27. An effective noise management program shall be enacted to control offensive noise from radios and stereo equipment. 28. At the end of the ninety (90) day period, staff shall submit a complete report on traffic problems, off-site parking problems, citizen complaints, noise problems, tax violations, and the amount of taxable sales.