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Resolution No. 3364392 RESOLUTION NO. 3364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87 -31 - 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 a recycling collection trailer within the parking lot of Scotty's Food Center, 6381 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) Recycling centers are required by State Law AB 2020, within a one -half mile radius of supermarkets conducting two million dollars or more in business a year. Scotty's has been identified as one of these markets. (2) This conditional use has been granted for one year only due to possible amendments in the new mandatory State Law. (3) The recycling unit will be located 50 feet from the front property line and will be surrounded by lattice at the ground level. (4) The recycling unit is limited to a maximum trailer length of 28 feet and will not take up more than four parking spaces. (5) The recycling unit will provide a public benefit by encouraging the recycling of glass, aluminum, plastic and non - aluminum metal beverage containers. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit, 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 22nd day of February 1988. M YO a,g,./1),ayirel F THE CITY OF CYPRESS ATTEST: CITY CLERK OF HE CIITY 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 22nd day of February 1988, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Davis, Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 2 OF CITY C IT CYPRESS CLERK FTHEC 393 394 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 87 -31 CONDITIONS OF APPROVAL 1. The applicant shall comply with all requirements of the City Code. 2. The applicant shall comply with all requirements for certification by the State of California Department of Conservation, Division of Recycling. 3. The mobile recycling trailer shall be set back from the front property line a minimum of fifty feet (50') to reduce visual impacts from the street or from private residences to the north. 4. The mobile recycling trailer shall have an area clearly marked to prohibit other vehicular parking during hours when the trailer unit is scheduled to be present. 5. Occupation of parking spaces by the trailer and by the attendant may not reduce the available parking spaces below the minimum number required for the commercial center. 6. The mobile recycling trailer shall be no longer than twenty - eight feet (28'). 7. The applicant shall keep the recycling facility and its immediate area free from litter. 8. Operation of the mobile recycling trailer facility shall comply with the City of Cypress Noise Ordinance. 9. Hours of operation shall comply with State requirements. In no case shall the hours of operation be before 9 a.m. or after 7 p.m. daily. 10. All storage of recyclable materials shall be within the trailer facility. Outside storage is strictly prohibited. 11. Conditional Use Permit No. 87 -31 shall be valid for a period of one year from the date of approval. Prior to expiration the applicant may file a request for an extension to be approved by the City Council. 12. The exact location of the container is subject to staff approval.