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Resolution No. 4806RESOLUTION NO. 4806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT NO. 97 -1. 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 demolish an existing auto repair building and construct a new larger automotive repair building located at 5431 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 -1. 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. 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. d. That the proposed construction of a new larger automotive repair building 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, thereby precluding the full redevelopment of the site through lot consolidation with adjacent lots. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby DENY WITHOUT PREJUDICE Conditional Use Permit No. 97 -1. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of May , 1997. ATTEST: I LERK OF THE CITY OF STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CYPRESS SS 43 MAYOR OF THE CITY OF CYPRESS 44 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 27th day of May , 1997, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Jones, Keenan and Carroll NOES: 2 COUNCIL MEMBERS: Bowman and Piercy ABSENT: 0 COUNCIL MEMBERS: None 2 CLERK OF THE CITY OF CYPRESS