Resolution No. 5496 176
RESOLUTION NO. 5496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
PERMANENT EXTENSION OF SUNDAY SALES OPERATIONS UNDER THE AMENDED
CONDITIONAL USE PERMIT NO. 97-3 -WITH REVISED CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to permanently extend the previous (April 23, 2001)
approval of Sunday hours of operation (between 10:00 a.m. and 6:00 p.m.), under the Amended
Conditional Use Permit No. 97-3, for an automobile sales lot located at 9060 Walker Street within
the CM Commercial Mixed Use District of the PC Planned Community Zone, Lincoln Avenue
Specific Plan.
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 CM Commercial Mixed Use District of the
PC Planned Community Zone, Lincoln Avenue Specific Plan in which the site is located,
which is:
Intended as an area for the location of a wide range of commercial uses.
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) Existing conditions of approval adequately restrict the continuing
operations of the subject automobile sales business.
(2) In accordance with Condition No. 22 of Conditional Use Permit No.
97-3, this Conditional Use Permit may be modified or revoked, should the City
Council determine that the subject automobile sales lot use, or the conditions under
which it is being operated or maintained, is detrimental to the health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
(3) No complaints related to the Sunday sales operations were received
during the past six (6) month probationary period, and the business is in substantial
compliance with the terms and conditions of Conditional Use Permit No. 97-3, as
previously amended.
(4) In accordance with the provisions of the California Environmental
Quality Act (CEQA) Guidelines, Mitigated Negative Declaration of no significant
environmental impact was previously filed for this existing project in April of 1997.
c. The subject amendment and extension of the 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 the Extension of the Amended Conditional Use Permit No. 97-3,
subject to all applicable original conditions of approval incorporated herein by reference, and the
amended Condition Nos. 19, 24, 31, 37, and 47-51, 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 November, 2001.
141t( M-A
MAYOR OF THE CITY OF CYPRESS
-1-
177
ATTEST:
ft . !Ai
!� Y CLERK OFT I ITY OF CYPRESS
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 13`h day of November, 2001, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy,Piercy, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
• . 1 , of •
. ..4A41
Y CLERK OF T CITY OF CYPRESS
-2-
178
EXHIBIT "A"
EXTENSION OF AMENDED CONDITIONAL USE PERMIT NO. 97-3
9060 Walker Street
Note: Bolded text denotes previous revisions to the original conditions.
Italicized bolded text denotes current revisions.
Strike-through text denotes deleted portions of existing text.
REVISED CONDITIONS OF APPROVAL
19. Conditional Use Permit No. 97-3, for the sale of used vehicles on Mondays
through Saturdays, Sundays, shall be extended
permanently. - - - - : ; •••
• • • - - - • • • • • . • • • • • • • • : • •
. (Revised 11-13-01)
24. Onsite lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. The City Council shall maintain the
right to review and modify the business' outdoor lighting and hours of
operation, should substantiated complaints be received that after-hours
security lighting is creating an adverse impact upon neighboring properties.
Mitigation measures shall be subject to Design Review and may consist of,
but not be limited to, shield fixtures attached to the lights (Revised 4-28-98).
31. All product and material storage shall occur within the sales office building or the
maintenance/storage shed. Exterior storage is specifically prohibited. The shed
structure shall be maintained in a safe, clean, and orderly manner, to include
appropriate periodic painting and roofing maintenance. The City Council
may, subject to a public hearing, require the replacement or removal of the
shed structure if the Council determines that the structure has become
dilapidated. (Revised 5-10-99)
37. There shall be no more than twenty (20) vehicles for display and/or sale at any
one (1) time. The City Council may, subject to a public hearing, reduce this
number if the Council determines that as operated this number of vehicles is
detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Revised 5-10-99)
47. Vehicle sales shall be limited to Monday through Saturday from 9:00 a.m. to
7:00 p.m. • • • '•' • ,and Sundays from 10:00
a.m. to 6:00 p.m.. The City Council may, subject to a public hearing, modify
the hours of operation should substantiated complaints be received that the
business hours are having an adverse impact on the surrounding residential
properties. For-sale vehicle parking, detailing and other preparation
activities are specifically prohibited behind the sales building in the
179
Exhibit "A" Page 2
Extension of Amended Conditional Use Permit No. 97-3
Conditions of Approval
customer/employee parking area at the east end of the property. Vehicle
access gates shall remain closed and locked before and after
the hours of operation specified herein. (Revised 4-23-01)
48. Display and/or for-sale vehicles shall not be parked in front of the residential
properties located on Bishop Street. (Added 8-14-00)
49. A sign shall be posted on the north (driver's) side of the driveway, directing
customers not to turn right onto Bishop Street. Another directional sign
shall be installed, (at the east property line), posting the location of the
customer parking lot located behind the sales building. (Added 8-14-00)
50. All directional signage shall be subject to review and approval by the
Community Development Department. All private signage shall be located
on private property. Private signage is strictly prohibited in the public right-
of-way and landscape parkway. (Added 8-14-00)
51. A written warning notice ("no right turn out of dealership") shall be signed
by customers prior to test driving the for-sale.vehicles. A copy of the
signed notices shall be kept on-file, and available for review/verification at
the business location. (Added 8-14-00)
• . . " . . • . . . • • ' . - " . . .
(Deleted 4-23-01)
Effective: 11-13-2001