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Resolution No. 2973410 RESOLUTION NO. 2973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. C-211. 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 construct a 2,800 square foot metal building addition to an existing manufacturing facility located at 4656 Lincoln Avenue, in the MI. -10,000 Light Industrial 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 does hereby DENY said request for a con- ditional use permit because it is unable to make the following findings required by Section 17.2-7 of the Zoning Ordinance of the City of Cypress: That 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 materially injurious to properties or improve- ments in the vicinity. The proposed location is in accordance with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. 4. That the City Council was unable to make the aforementioned finding because of the following: Failure of the property owner to comply with past con- ditions of an existing conditional use permit including: tree maintenance and planting and inadequate width of an access road (which provides some indication that the applicant would not take steps to assure compatibility of its proposal with adjacent uses). The nature of the business conducted at the premises is particularly sensitive to the degree of care taken by the operator to minimize conflicts with adjacent residential uses. Evidence that expansion of the use would not increase noise is not persuasive. There is other evidence in the record that increasing operations would increase noise, as well as vibrations. There is not adequate evidence to demonstrate that noise and vibration impacts associated with the Application would comport with the health, safety and welfare. The proposed location of the conditional use and the con- ditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location is not in accordance with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of August 1985. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) 411 1, 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 hold on the 26th day of August 1985, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None .ABSENT: 1 COUNCII. MEMBERS: Coronado CITY r aCYPRESS