Resolution No. 4796RESOLUTION NO. 4796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERMIT NO. 97 -4.
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 convert an existing retail
commercial building into an automotive repair shop, located at 5391 Lincoln Avenue within the CH-
10,000 Commercial Heavy Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law in which the public was given the opportunity to be heard regarding
Conditional Use Permit No. 97 -4.
3. That the City Council hereby finds that:
a. The proposed location of the automotive repair use is in accord with the
objectives of the Zoning Ordinance and the purpose of the CH- 10,000 Commercial Heavy
Zone, which is 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 location of the proposed automotive repair 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, because the
proposed automotive repair use is located on an over -built substandard lot, within an area of
over concentration of automotive repair uses on small parcels along Lincoln Avenue, and the
intense nature of the use in addition to other such uses in a close proximity will result in onsite
and offsite parking congestion.
c. The proposed automotive repair use will comply with each applicable provision
of the Zoning Ordinance, except for proposed variances for: a reduced rear building setback, a
reduced front landscape setback width, and a reduced street -side landscape setback. However,
these variances have not been recommended for approval.
d. That as a result of the findings under paragraph 3.b. herein above, the proposed
automotive repair shop use is not essential to serve the public necessity or convenience in the
area of the proposed location.
e. That the proposed conversion of the existing commercial building to an
automotive repair shop use is not consistent with the goals and policies of the Cypress General
Plan and the Lincoln Avenue Redevelopment Plan, because the proposed project would add a
more intense use onto a substandard size lot, with substandard building and landscape setbacks,
thereby precluding the full redevelopment of the site through lot consolidation with adjacent
substandard lots.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby DENY Conditional Use Permit No. 97 -4.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 12th day of May , 1997.
ro,„
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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
12th day of May , 1997, by the following roll call vote:
AYES:
NOES:
4 COUNCIL MEMBERS: Jones, Keenan, Piercy and Carroll
1 COUNCIL MEMBERS: Bowman
ABSENT: ° COUNCIL MEMBERS:
None
T CLERK
CI OF THE CITY OF CYPRESS