Resolution No. 4287160
RESOLUTION NO. 4287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 93 -12 - 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 operate an interim
outdoor swap meet on Saturdays, Sundays, and holidays on Planning Areas No. 4 and 5 of the
Cypress Business and Professional Center Specific Plan area located at 5303 Katella Avenue,
in the PBP Planned Business Park 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 conformity with the
objectives of the Cypress Zoning Code and the purpose of the zone in which the site is
located is:
Intended to provide for the classification and development of parcels of
land as complete, comprehensive, and integrated projects so as to take
advantage of the superior environment which can result from large scale
community planning, and thereby reduce adverse environmental impacts
of uncoordinated development. Additionally, this zone is intended to
provide for a zone encompassing various types of land uses such as
educational, professional and administrative office, commercial centers,
industrial parks, open space, or any public or semi - public use or
combination of uses through 1) established zoning mechanisms and criteria
as set out in the PC (Public /Semi - Public Zone; or 2) the adoption of a
specific plan and text materials which set forth land use relationships and
development standards.
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 project is consistent with the goals, policies, and
objectives of the Cypress Business and Professional Center Specific Plan as
amended and the Cypress General Plan.
(2) The location of the conditional use and the conditions under which
it will be operated will not be detrimental to the public health, safety and welfare,
since the proposed swap meet will be required to comply with conditions of
approval, including annual review of the swap meet operation, which are designed
to protect the public health, safety and welfare.
(3) The proposed site will contain sufficient parking and onsite
circulation for the proposed swap meet use.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 93 -12, 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 28th day of March , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CI.E' ' • THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 28th day of March , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and
Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF T ' CITY OF CYPRESS
162
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -12
CONDITIONS OF APPROVAL
Approval of an interim swap meet with ten (10) acres of vendor spaces located
at 5303 Katella Avenue and a total of 4,300 parking spaces to be shared with the
race track use.
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the City Code.
2. Drainage shall be solved to the satisfaction of the City Engineer. Drainage fee shall only
be required if drainage cannot be retained onsite. Any impact to offsite drainage
facilities will trigger payment of drainage fees for entire site. A grading plan, in ink on
mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyors Benchmark shall be submitted for approval. A topography of
the area surrounding this development shall be made to establish existing drainage flow
patterns. All onsite drainage conveyed to the street shall be by means of an under -
sidewalk drain. Onsite landscaping shall have a minimum slope gradient of one percent
(1 %) minimum. In parking areas, AC shall have a minimum slope gradient of one and
one -half percent (1.5%) or as approved by the City Engineer, and concrete shall have
a minimum slope gradient of two - tenths percent (.2 %).
3. A retaining wall per City standards shall be constructed at the property line where the
finish grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb
shall be constructed per City standards to protect all block walls and structures exposed
to vehicular traffic. A grade separation shall not exceed two feet (2') between the two
properties.
4. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking" - Fire Lane" signs shall be installed along Walker Street and
Katella Avenue per California Vehicle Code #22658, to the satisfaction of the City
Engineer, and County Fire Marshall. Onsite traffic circulation shall be subject to the
approval of the City Engineer.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with the State of California and City of Cypress Public Works Department
standards.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 93 -12
Conditions of Approval
Page 2
6. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
7. Walker Street and Katella Avenue shall be dedicated and fully improved with curb,
gutter, sidewalk, driveway, paving, etc., in accordance with the City's Code requirement
of streets. Katella Avenue shall have a total right -of -way width of 120 feet which
includes an additional 5' wide tree planting, and public utility easement on each side of
the street. Curb returns at the intersection of Walker Street and Katella Avenue shall
have a radius of 35'. The corner cutoff shall be dedicated to the City of Cypress for
roadway purposes. This condition shall be implemented in accordance with the phasing
schedule, Exhibit B.
8. Katella Avenue and Walker Street shall be fully improved with an eight foot (8') wide
sidewalk in back of curb, street lights on marbelite standards per Edison Company
requirements, etc. in accordance with City standards and with the phasing schedule,
Exhibit B.
9. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained
at the intersection of the driveway entrances with Walker Street. No landscaping in
excess of three feet (3') high will be allowed in the area of the curb returns. Adequate
sight distance also shall be maintained within the development at all driveway
intersections to the satisfaction of the City Engineer.
10. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1") continuous A.C. cap.
11.* Developer shall met the requirements as recommended by the Parking and Traffic Study
performed for this project by WPA Traffic Engineering, Inc. dated January 6, 1994.
12. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements in accordance with the phasing schedule (Exhibit "B ") approved
for this project. Street name signs and traffic signs shall be installed per City standards.
13. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in the Public Right -of -Way
• Community Development Department • Planning Division •
164
Exhibit "A"
Conditional Use Permit No. 93 -12
Conditions of Approval
Page 3
shall be maintained by the developer. This condition shall be implemented subject to the
attached phasing schedule, Exhibit B.
14. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property
line.
15. The developer shall comply with all requirements of the FAA should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
16. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287) only if applicable per
Condition No. 2.
• Advanced Street Light Energy Fee (for a one (1) year period) at time of phasing.
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING DEPARTMENT CONDITIONS
17. The developer 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 of 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 ( 2100 et seq. - including by not by way of limitation 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 93 -12
Conditions of Approval
Page 4
18. The approved interim use for Conditional Use Permit No. 93 -12 shall expire five (5)
years from the date of its approval and shall be subject to annual review by the Planning
Director for formal review and approval by the City Council. At that time, any member
of the City Council may request for a majority vote by the City Council for the matter
to be set for a public hearing.
19. * In order to minimize parking, traffic, and noise related impacts between the swap meet
operation and the surrounding uses, the hours of operation for the swap meet shall be
limited to the hours of between 7 a.m. and 4 p.m. In the event the hours of operation
for the swap meet conflict with the existing race track uses, the City Council shall review
the swap meet hours of operation for possible modification.
20. * The applicant shall submit a detailed Traffic Control Plan to the City for approval by the
City Engineer prior to operation of the swap meet.
21. Offsite parking shall be prohibited. In addition, swap meet patrons shall be encouraged
to utilize the parking lot areas along Katella Avenue and Walker Street in order to reduce
the impact to the race track uses.
22. Public announcements shall be made with a portable P.A. system, which is limited to that
immediate selling /merchandise area. Speakers must be directed towards the interior of
the site and away from adjoining properties.
23. Prior to the commencement of the swap meet operation, the developer shall enter into
a shared parking agreement between Planning Area 5 and Planning Area 8.
24. The applicant shall provide sanitary public restroom facilities available at all times during
the hours of operation.
25. All food vendors shall be properly inspected and licensed by the Orange County Health
Department.
26. Advertising banners and signs associated with the swap meet use shall be subject to
approval by the Design Review Committee.
27. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 93 -12 will require an amendment to the conditional use
permit.
28. The City Council may modify or revoke Conditional Use Permit No. 93 -12 should it be
determined that the business is being operated or maintained in a manner detrimental to
• Community Development Department • Planning Division •
166
Exhibit "A"
Conditional Use Permit No. 93 -12
Conditions of Approval
Page 5
the public health, safety or welfare or materially injurious to properties or improvements
in the vicinity.
29. The swap meet area shall be maintained free of the accumulation of trash and debris.
Trash and debris associated with the swap meet shall be removed from the site no later
than 7 p.m. on Sundays.
30. The applicant shall submit a Design Review application to the City for review and
approval prior to the operation of the swap meet.
POLICE DEPARTMENT CONDITIONS
31. The applicant shall provide the Cypress Police Department with the name and onsite
phone number of a responsible person managing the swap meet operation.
32. 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 swap meet operator from the Department
of Justice to be supplied to all sellers /vendors upon entry.
33. The display and sale of any and all graffiti implements shall comply with the City's
Graffiti Ordinance.
34. Firearm or contraband weapon sales shall be prohibited.
35. If the sales or consumption of alcohol is requested in the future, the swap meet
management must seek a separate liquor license from Alcohol Beverage Control (ABC).
This requirement would preclude the swap meet from using the Race Track liquor
license, and will require an amendment to the conditional use permit for the swap meet.
36. In the event street traffic control is required and where Cypress Police personnel and /or
equipment is utilized, said costs for such services shall be reimbursed to the City of
Cypress.
37. Security personnel shall be provided onsite, at the operator's expense, to meet the direct
needs of the swap meet operation. A complete security plan shall be submitted for police
department approval prior to operation of the swap meet. This plan should include, but
not be limited to, the number of security personnel to be employed, the number of
personnel deployed at any given time, locations of deployment, and other pertinent
information applicable to the security of all persons on the site.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 93 -12
Conditions of Approval
Page 6
FINANCE DEPARTMENT CONDITIONS
38. 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 swap meet more than two weekends per month.
39. The operator of the swap meet shall secure a City business license prior to operation of
the swap meet.
40. Cypress businesses who operate and are licensed at an address in the City of Cypress
shall be provided vendor preference in renting of vendor spaces.
41. The operator of the swap meet shall agree to pay the City the amount of thirty -five (35)
cents per admission per day in accordance with Section 26 -11 of the Cypress City Code.
Admissions fees shall be collected after the first two (2) years of operation of the swap
meet use.
FIRE DEPARTMENT CONDITIONS
42. The applicant shall maintain a minimum twenty foot (20') wide clearance between aisles
for fire department access. All gates shall have fire department approved locks.
43. All tents in excess of 200 square feet and all canopies in excess of 400 square feet in size
shall comply with Article 4 (permits) and Article 32 (Tents, canopies and temporary
membrane structures) of the Uniform Fire Code.
44. Installation of all tents /canopies shall comply with state Chapter 55 of the 1991 Uniform
Building Code.
BUILDING DEPARTMENT CONDITIONS
45. All building, plumbing, and electrical permits which may be required for the swap meet
use shall be obtained from the Building Department prior to any construction on the site.
46. Parking for the handicapped shall be provided in accordance with State requirements.
ADDITIONAL CONDITIONS OF APPROVAL
47. No more than one (1) permanent sign shall be permitted, subject to reasonable review
by the adjacent Business Park landowners prior to installation.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 93 -12
Conditions of Approval
Page 7
48. No banners shall be permitted on chain -link fence.
49. Operation of facility shall be limited to Saturday, Sunday, and holidays from 7 a.m. to
4 p.m. only.
50. No permanent structures shall be permitted. All facilities, i.e., vendor booths, shall be
removed at the end of each operating day.
51. Portable toilets shall be installed and shall be relocated in the proximity of the railroad
tracks for storage at the end of each operating day. During hours of operation, the
portable toilets shall not be located along Katella Avenue frontage.
52. All trash and debris resulting from the swap meet shall be cleaned and removed by 7
p.m. on the days of operation.
53. The applicant /operator shall agree to fair share participation in construction of landscape
and entrance improvements at the major entryways into the Specific Plan area at such
time as the City or property owners determine that these improvements are required.
* All conditions marked by an asterisk shall be Mitigating Conditions as required by the
Mitigated Negative Declaration for the project.
Revised 3/14/94
• Community Development Department • Planning Division •