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Resolution No. 3739RESOLUTION NO. 3739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING RENEWAL OF CONDITIONAL USE PERMIT NO. 89 -6 - 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 existing recycling facility using reverse vending machines for aluminum cans, glass and plastic bottles. These machines are located at the Alpha Beta Market at 4033 Ball Road. 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 as an area for the location of retail and wholesale commercial activities. 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 recycling facility is consistent with the City of Cypress Zoning Ordinance in that it would be located in the CG Commercial General Zone which permits reverse vending machines subject to a conditional use permit. (2) The recycling facility will operate in conjunction with a supermarket in compliance with AB -2020, the California Beverage Container Recycling Act. (3) The recycling facility and surrounding area will be kept clean and neat at all times and will reduce the amount of solid waste in the City. (4) The recycling facility will be placed near the entrance to the supermarket and, thus, will not eliminate existing parking spaces or otherwise interfere with access to the site. Since it will operate in conjunction with a supermarket, no additional traffic will be generated. 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 Renewal Conditional Use Permit No. 89 -6, subject to the following conditions: a. The City Council shall maintain the right to review the recycling operation, subject to public hearing, should substantiated complaints be received regarding the subject operation under this Conditional Use Permit. b. The applicant shall comply with all requirements of the City Code, including the requirements of the City's Noise Ordinance. c. The reverse vending machines shall be maintained in a clean and safe manner at all times. d. The applicant /operator shall comply with all requirements of State law as provided under AB -2020. - 1 - PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 23rd day of April, 1990. M!0 OF THE CITY OF CYPRESS ATTEST: CYPRESS C YPRESS CLERK OF H CITY F 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 23rd day of April, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold,Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CI CYPRESS CITY CLERK 0 THE C OF