Resolution No. 4472 302
RESOLUTION NO. 4472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERMIT NO. 95-5 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 construct a sixteen
(16)unit apartment development located at 8731-8735 Belmont Street, 4771 Merten Avenue, and
8732-8736 Sumner Place.
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 development of apartments, condominiums,
townhouses or other group dwellings with provisions for adequate light,
air, open space and landscaped area at maximum densities of twenty (20)
dwelling units per acre. Only those additional uses are permitted that are
complimentary to, and can exist in harmony with, such residential
developments.
b. However, the proposed location of the conditional use and the conditions
under which it would be operated or maintained may be detrimental to the public health,
safety or welfare or be materially injurious to properties or improvements in the vicinity
in that:
(1) Section 17.2.1 of the City Zoning Code states: "...in certain zones,
conditional uses are permitted, subject to the granting of a conditional use permit.
Because of their unusual characteristics, conditional uses require special
consideration so that they may be located properly with respect to the objectives
of the zoning regulations and with respect to their effects on surrounding
properties." During City Council review and public hearing of the project,
several concerns were identified regarding the effect on surrounding properties.
(2) The project as designed does not further certain goals and policies
of the adopted City of Cypress General Plan, and in fact, could be detrimental to
those goals and policies.
(3) The project as proposed is not visually compatible with surrounding
residential uses in that the height difference between the single-story, single-
family dwellings to the south and the 32'-6" height of the proposed project is too
great.
(4) Because of the height difference which creates a visual
incompatibility, the existing single-family neighborhood will not be enhanced
which is noted as a desirable goal in the Cypress General Plan, Policy No. 5.2.
(5) The lack of enhancement may further cause a degradation of the
existing neighborhood which is contrary to the General Plan Policy No. 4.4,
which promotes the preservation of existing single-family neighborhoods through
the enforcement of land use and property development standards.
4. Based on the foregoing finding of fact, the City Council finds and determines the
public interests, convenience, and necessity determine that this application be denied.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby deny Conditional Use Permit No. 95-5.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of April , 1995.
4
MAYOROF THE CITY OWCYPRESS
ATTEST:
CITY CLERK OF THE CIT 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 24th day of April , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK 0 THE Y OF CYPRESS
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