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Resolution No. 383941�' RESOLUTION NO. 3839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 87 -35 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed to amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to expand the hours of operation at an existing automotive service center. The subject property is located at 5051 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 amended 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 amended 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 expanded hours of operation are consistent with the Cypress Zoning Ordinance in that the hours pertain to auto repair uses which are permitted subject to a conditional use permit in the CH Commercial Heavy Zone. (2) The auto repair uses are appropriate uses to be located within the existing automotive service center and are compatible with the surrounding commercial and residential land uses. (3) The auto repair uses are located within an automotive service center designed to provide adequate access and parking for its customers. (4) The auto repair uses will comply with the Noise Ordinance Standards set forth in Chapter 13, Article VII of the Cypress Municipal Code. c. The proposed amended 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 Amendment No. 2 to Conditional Use Permit No. 87 -35, 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 8th day of October, 1990. Y R OF THE CITY OF CYPRESS ATTEST: CIT CLERK OF THE C�F 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 8th day of October, 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Kerry CLERK THE am/ CITY CI OF CYPRESS 41 EXHIBIT "A" AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 87 -35 CONDITIONS OF APPROVAL 1. The property owner shall comply with all applicable conditions of Conditional Use Permit No. 87 -35 and Amendment No. 1 to Conditional Use Permit No. 87 -35 with exception to Condition 2 which is amended to read as follows: Hours of operation shall be restricted to 7:30 a.m. - 6:00 p.m. on Mondays, Tuesdays, Wednesdays, and Fridays; 7:30 a.m. - 8:00 p.m. on Thursdays; 7:30 a.m. - 5:00 p.m. on Saturdays; and 9:00 a.m. - 4:00 p.m. on Sundays. The City Council shall maintain the right to review the auto center's hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints be received that the business hours are creating an adverse impact upon neighboring properties.