Resolution No. 6331402
RESOLUTION NO. 6331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. 87 -7
FOR AN EXTENSION OF THE HOURS OF OPERATION AT THE
CYPRESS PLAZA COMMERCIAL CENTER.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for an Amendment to Conditional Use Permit in
accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of
Cypress to allow the modification of Condition No. 8, extending the hours of operation until
2:00 a.m. daily for an existing commercial center located at 5721 -5725 Lincoln Avenue,
within the PC Planned Community Zone of the Lincoln Avenue Specific Plan Area.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law. At the public hearing held on August 27, 2012, City
Council meeting, the City Council considered the staff report and all information, testimony,
evidence and written comments presented during the public review period and at the public
hearing.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is not in accord with the
objectives of the Zoning Ordinance and the purpose of the PC Planned Community
Zone in which the site is located, which is:
Intended to provide opportunity for the design and development of
integrated, master - planned projects in areas of the City which may
benefit from special design standards and land uses not otherwise
possible under conventional zoning district regulations. The PC
zoning district is intended to permit a compatible mix of land uses,
planned commercial developments, and business parks, and a
variety of housing styles and densities.
b. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will be detrimental to the public health,
safety or welfare, or be materially injurious to properties or improvements in the
vicinity in that:
(1) The granting of the proposed amendment for extended hours of
operation until 2:00 a.m. daily will result in a deterioration of public safety
within Police District No. 19610, and for each of the reasons set forth in the
report to the City Council from staff and the testimony adduced at the public
hearing; and
(2) The granting of the proposed amendment for extended hours of
operation until 2:00 a.m. daily will compromise the peaceful enjoyment of the
residential uses located to north and west of the subject commercial center
and, therefore, will result in an incompatibility with surrounding uses.
(3) The granting of the proposed amendment for extended hours of
operation until 2:00 a.m. daily will be inconsistent with the findings for
approval of the original Conditional Use Permit No. 87 -7 and the subsequent
amendment approved on August 27, 2001, with regard to the compatibility of
the shopping center with surrounding residential uses.
(4) There is no substantial evidence in this record that there is a
demographic need for extended hours of business operation within this plaza
commercial center.
403
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby deny Amendment to Conditional Use Permit No. 87 -7, thereby
leaving the existing Conditions of Approval intact, as previously amended on August 27,
2001.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of August, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAY -Ti F TH ITY OF CYPRESS
I, DENISE BASHAM, 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 27th day of August, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS