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Resolution No. 3697RESOLUTION N0. 3697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -34 - 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 allow gasoline deliveries 24 hours a day, seven (7) days of the week at the Mobil Service Station located at 5972 Lincoln Avenue in the CH Commercial Heavy 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 accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: Intended to provide appropriately located areas for establishments catering primarily to highway travelers, visitors to the city or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. 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 existing gasoline service station is consistent with the uses permitted within the CH Commercial Heavy Zone. (2) The existing project meets all development standards, including building setbacks, parking, and landscaping requirements. (3) Conditional Use Permit No. 89 -34 authorizes extended delivery hours for the existing gasoline service station. This is consistent with the procedure set forth in Ordinance No. 831 of the City Zoning Ordinance. (4) The proposed extended gasoline truck deliveries will not affect any residences since the surrounding properties contain commercial uses. 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. 89 -34, subject to the following condition: The City Council shall maintain the right to review and modify Conditional Use Permit No. 89 -34, subject to a public hearing should substantiated complaints be received that the extended delivery hours are creating an adverse impact upon neighboring properties. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of February 1990. MAYOR OF THE CITY OF CYPRE - 1 - ATTEST: CITY CLERKOFTHE CI WOF 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 26th day of February 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT:O COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Age / 1/ CITY 5/( LERK OF HE CITY F CYPRESS