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Resolution No. 5629RESOLUTION NO. 5629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A SPECIAL USE PERMIT FOR A SECONDHAND STORE LOCATED AT 6863 KATELLA AVENUE - WITH CONDITIONS THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. An application was filed for a Special Permit in accordance with the provisions of Section 15, Article II, of the City Code of the City of Cypress to allow a secondhand store selling previously owned electronic game systems and accessories in an existing commercial lease space, located at 6863 Katella Avenue within the PC -1 Planned Community Business Park Zone. 2. In accordance with the provisions of Section 15, Article II, Sec.15 -60, of the Cypress City Code, the City Finance Director referred the matter to the Chief of Police, who conducted the required investigation into the information contained in the application to determine if a permit should be issued. 3. The Special Permit application and the Police Department investigation report was forwarded to the City Council, together with an analysis prepared by the Community Development Department. 4. In accordance with Section 15, Article II, Sec. 15 -61, the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 5. The City Council hereby finds and determines as follows: a. An investigation conducted by the Chief of Police found no cause to protest the issuance of a Special Permit for the proposed secondhand sales business; and b. The proposed secondhand business operation would comport with the peace, safety, convenience, and general welfare of the community; and c. The proposed secondhand store will comply with each of the applicable provisions of the City Code pertaining to Special Permits for secondhand stores; and d. In accordance with the California Environmental Quality Act (CEQA), this proposal does not constitute a project. Therefore, no environmental documentation is required. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve the Special Permit for GameStop secondhand store located at 6863 Katella Avenue, 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 OPPRESS ATTEST: 191 192 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 193 EXHIBIT "A" Special Permit for Secondhand Store Located at 6863 Katella Avenue CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 2. The outdoor display or storage of merchandise shall be prohibited, unless a temporary use permit is granted in accordance with Section 35, Division 10, of the Cypress Zoning Ordinance. All storage shall occur inside the building. 3. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. 4. In accordance with Section 15 -68 of the Cypress City Code, this Special Permit shall be subject to review and possible revocation, subject to a public hearing, should it be substantiated that the applicant or other persons responsible for the management of the proposed secondhand business have violated the provisions of the permit. BUILDING CONDITIONS 5. Applicant/developer shall comply with applicable provisions of the 2001 California Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative Code, Title 24, and the Code of the City of Cypress. POLICE CONDITIONS 6. Prior to the sale of any tangible personal property at this location, the applicant/business owner shall secure a State Secondhand Dealer License. Tangible personal property consists of used merchandise containing serial numbers, inscriptions, personalized initials, or other items bearing a serialized number, personalized initial, or inscription. 7. Any change in the day -to -day managerial control over the business shall require submittal of that/those person's name(s), address(es), driver's license number(s), social security number(s), physical description(s), etc. to the Cypress Police Department. Effective: 1 -13 -2003 • Community Development Department • Planning Division •