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Resolution No. 4857215 RESOLUTION NO. 4857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING, WITHOUT PREJUDICE, CONDITIONAL USE PERMIT NO. 97 -27. 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 allow the construction of two (2) additional apartment units on a lot containing two (2) existing detached apartment units, located at 4861 Merten Avenue within the RM -20 Residential Multiple - Family 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 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 Residential Multiple - Family Zone in which the site is located, which 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. b. 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) The project as designed does not further the goals and provisions of the Cypress Zoning Ordinance regarding existing non - conforming structures, because the addition of the new apartment structure, while maintaining the older structures with substandard building setbacks and parking provisions, would merely extend the life of housing that should be torn down to build a cohesive four -unit apartment building in conformance with current development standards. (2) The height difference between the existing one -story and the proposed two -story structures on the subject property is not visually consistent in and of itself, nor is it compatible with surrounding one- and two -story residential developments. (3) The proposed add -on type of development represents only a partial redevelopment of the subject site and would preclude the full redevelopment of the property, which is located within a County redevelopment project area. (4) The Design Review Committee determined the proposed project is not consistent with the goals of the City's design review process as set forth in Section 18.1 of the Cypress Zoning Ordinance, which states that it is the duty of the Design Review Committee to "bar the unsightly, the inharmonious, the monotonous, and the hazardous to ensure that the proposed improvements will not impair the desirability of investment or occupancy nearby. c. The proposed conditional use will not comply with each of the applicable provisions of the Zoning Ordinance, because the building setbacks in the front and rear of the two (2) existing detached apartment units are currently and will remain substandard. 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 -27. 216 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of September 1997. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS OF O THE CITY OF CYPRESS M OR 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 22nd day of September , 1997, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS