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Resolution No. 6558288 RESOLUTION NO. 6558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONDITIONALLY DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. C -197, WITHOUT PREJUDICE, WITH AUTHORIZATION FOR THE APPLICANT TO RETURN TO THE CITY COUNCIL WITHIN 90 DAYS WITH THE REQUESTED DOCUMENTATION REGARDING THE ADEQUACY OF THE MOBILE HOME PARK INFRASTRUCTURE. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: Section 1. That an application was filed for an amendment to Conditional Use Permit No. C -197 in accordance with the provisions of 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the conversion of an existing laundry building and manager's dwelling unit into two (2) new mobile home spaces within an existing mobile home park located at 9080 Bloomfield Street within the MHP Mobile Home Park Zone. Section 2. That the City Council, after proper notice thereof, held a duly noticed public hearing on April 25, 2016, regarding said application in the manner provided by law. Section 3. That the City Council has heard and considered all of the evidence presented which includes, but is not limited to: a. The staff report, including associated plans and attachments; b. The oral presentation of staff; c. Oral testimony presented at the hearing, both in favor and in opposition to the Project; d. Relevant provisions of the Cypress Municipal Code, including but not limited to, Sections 4.19.070 and 2.05.040.E of the Cypress Zoning Ordinance. Section 4. That in view of all of the evidence, the City Council hereby finds that: a. Residents of the existing Lincoln Center Mobile Home Park ( "Park ") have testified at a previous public hearing held on or about October 23, 2006, regarding the existence of deficiencies in the electrical, telephone, sewer, and drainage system capacities at the Park. The applicant has not presented sufficient documentation to prove that these inadequacies have been corrected. Therefore, the proposed two (2) additional mobile home spaces, with the associated mobile homes that would be placed on them, would be detrimental to the public health, safety, or general welfare, or would be materially injurious to properties or improvements in the vicinity. b. The applicant has not presented substantial evidence to dispute the existence of such deficiencies at the Park. c. The applicant failed to present substantial evidence that the foregoing deficiencies have been corrected. d. The proposed addition of two (2) mobile home spaces requested by the applicant, with the associated manufactured housing that would be placed thereon, would place additional demands on an already deficient electrical, telephone, sewer, and drainage system capacities at the Park. e. As a consequence, based on substantial evidence, taken as a whole, the City Council finds and determines that granting the pending application will be detrimental to the public health, safety, or general welfare, or would be injurious to the existing mobile home spaces within the Park. 289 f. Each of the above findings, standing alone, is a sufficient basis for denial of the pending application. Section 5. The City Council of the City of Cypress does hereby deny, without prejudice, the application for Amendment to Conditional Use Permit No. C -197 to allow the applicant to bring the application back within 90 days with documentation certifying the adequacy of the mobile home park. Section 6. Any challenge to this Resolution, and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure § 1094.6. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 25th day of April, 2016. MAYO R OF THE CITY i F CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 25th day of April, 2016, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None A4uCf- CITY CLERK OF THE CITY OF CYPRESS