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Resolution No. 229408 RESOLUTION NO 2294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 80-23 - 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 17 2 of the Zoning Ordinance of the City of Cypress to conduct a Fall Fair 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) Activities authorized under this use permit will be conducted under an additional 14 day racing period with the activities being conducted during the day rather than during nighttime hours when noise and intrusion of lighting could be a problem The use, therefore, represents only a minimal incremental increase in the virtual year -around activities being conducted by Los Alamitos Race Track (2) Adequate off-street parking areas are available to accommodate anticipated attendance levels and additional points of ingress and egress will be provided together with traffic control officers to insure the efficient and safe disbursement of vehicular traffic (3) Fair activities being conducted in conjunction with this use will be the farthest removed from adjacent residential areas, thereby limiting the impact on the adjacent properties c The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments 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 22nd day of September, 1980 ATTEST daiy, Y /97 MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITOF CYPRESS 1 1 c)4`14 -4- 083 )4i4-4- 683 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 22nd day of September, 1980, by the following roll call vote AYES 4 COUNCIL MEMBERS. Lacayo, Mullen, Rowan and Evans NOES 0 COUNCIL MEMBERS None ABSENT 1 COUNCIL MEMBERS: Coronado CITY K 0 THE 41OF CYPRESS - 2 084 EXHIBIT "A" CONDITIONAL USE PERMIT NO 80 23 a 9 u - *a- A- / 1 A specific Fair and Carnival plot plan identifying all rides, game booths, displays, exhibits and food vendors shall be submitted to the following regulatory agencies ten (10) days prior to commencement of the Fair Orange County Health Department, Cypress Business License/Code Enforcement, Cypress Building and Safety, Cypress Police Department and the Orange County Fire Marshall's Office 2 All regulatory permits and license applications shall be submitted to the City Business License/Code Enforcement Department a minimum of ten (10) days prior to the opening day of the Fair 3 City building permits shall be obtained for any Fall Fair construction on the race course property ten (10) days in advance of the proposed opening date of the Fair The City Building Department shall inspect and approve all Carnival rides prior to their public operation The names of all subcontractors working at the Fair shall be submitted to the City Business License/Code Enforcement Department The Fall Fair Carnival permit shall also be permitted with the appropriate plot plans ten (10) days in advance of the opening date of the Fair or said Carnival will not be approved to operate at the 1980 Fall Fair 4 All food vendors must have completed Health Department inspections prior to selling any food to the public Violation citations will be issued to any vendor who fails to comply with Health regulations 5 Fair and Carnival vendors, exhibitors and members of the Carnival are prohibited from occupying the premises overnight except within a designated area approved by the Orange County Health Department Furthermore all requirements of the Orange County Health Department shall be met which include that all recreational vehicles shall be self contained or connected to permanent water and sewage waste lines The overnight occupying of the premises in tents cars sleeping bags on the ground or any other form outside of an approved self contained recreational vehicle is specifically prohibited Violation of this condition may constitute closure of the Fair and Carnival activities to insure the public health and safety 6 All provisions of the City Code shall be satisfied as they relate to the conduct of a Fall Fair with carnival and incidental racing program 7 In accordance with the recommendations of the Orange County Health Department, the following conditions shall be required A All food will be prepared stored and sold from mobile food trailers which have been inspected and approved by this Department prior to the Fair opening Non approved trailers will not be permitted to operate at the event r�i 1 1 1 - 2 - B All food trailers shall be equipped with approved properly installed waste holding tanks of 45 gallons or greater capacity Waste tanks must be equipped with proper drain connections to facilitate direct and sanitary pumping by the pumper vehicle Drums, cans and other containers will not be acceptable C A pumping schedule shall be established in writing and submitted to the City All trailers shall be pumped a minimum of twice each day A copy of the pumping schedule shall be posted in each food trailer D A Health Department approved pumping truck must be stationed at the Fair site during the entire event and be readily available at all times The dumping site where all waste water from the truck will be disposed shall be directed E The Fair Board shall assume full responsibility for all food facilities on the premises in terms of their compliance with all of the above F Restrooms and handwash facilities properly plumbed and equipped with running water, single service soap and towel dispensers shall be provided on the premises convenient to all food handlers 8 With respect to the operation of the Carnival, the following conditions shall be satisfied. A A Fire Department approved certificate shall be obtained on all booths tents and awnings as required by the Fire Marshall B All commercial vendors shall obtain necessary business licenses and resale permits as required by State law and City Code C A certificate of insurance naming the City of Cypress as an additional insured shall be filed with the City Clerk's office a minimum of ten (10) days prior to the opening day of the Fair demon strating that the applicant has all risk public liability insurance issued by an acceptable company with a minimum combined single limit of $500,000 9 All requirements of the County Fire Marshall shall be satisfied 10 The activities of the Fall Fair and Carnival shall terminate by 9 p m daily 11 Additional lighting and directional traffic signing shall be provided to the specifications of the Traffic Engineer when use of extra gates is necessary 12 The City hereby approves the Carnival operation at the same location as held at the 1979 Fall Fair southerly of the race course club house but prohibits operation of the Carnival at the proposed 1980 location northerly of the railroad tracks adjacent to Walker Street City Staff shall be notified of the final location for the Fall Fair and Carnival ten (10) days in advance of the proposed opening date of the Fair The City Council further waives the daily business license fee for the Carnival operation should it occur 13 Conditional Use Permit No 80-23 shall expire on December 2, 1980 Should the 32nd Agricultural District wish to conduct a 1981 Fall Fair a new application for a conditional use permit will be required prior to September 1 1981