Resolution No. 4099146
RESOLUTION NO. 4099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW A REDUCED SIDEYARD SETBACK ON
THE NORTH SIDE OF THE SITE AT 2'6" INSTEAD OF THE NORMALLY
REQUIRED FIVE FOOT (5') SETBACK.
VARIANCE NO. 92-2
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the Zoning
Ordinance of the City of Cypress to allow a reduced sideyard setback on the north side of
the site at 2'6" instead of the normally required five foot (5') setback located on Lot 22,
Block K of Tract 527, on La Salle Street approximately 200 feet south of Grace Avenue, in
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 strict or literal interpretation of the City Code would result in
practical difficulty in that„ without the variance for the reduced garage sideyard setback,
there would not be adequate lot width to accommodate a landscape planter.
b. The granting of the variance will not constitute a special privilege
because the developer is providing a well designed project restricted in design alternatives
since the site is a narrow, deep, interior lot.
c. The granting of the variance will not be detrimental to the public health,
safety, and welfare because the proposed garage building is well designed and existing
structures on the north adjacent lot are approximately twenty feet (20') from the property
line.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 92 -2, subject to the conditions set forth
in Exhibit "A" attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of August 1992.
ATTEST:
CITY CL ' O THE ITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, 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 10th day of August 1992; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kerry and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Nicholson
147
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-8 AND
VARIANCE NO. 92-2
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in
ink on Mylar, signed by a registered California civil engineer and using actual grades
from an Orange County Surveyor's Benchmark, shall be submitted for approval. A
topographic map of the area surrounding this development shall be made to
establish existing drainage flow patterns. If the existing natural flow of any
adjoining parcel is across the land of this development, a drainage easement shall be
granted and drainage facilities provided for that property to the satisfaction of the
City Engineer. All lots shall have a slope gradient of one percent (1 %) minimum in
landscape areas. In parking areas, AC shall have a minimum slope gradient of one
and one -half percent (1.5 %) or as approved by the City Engineer, and concrete shall
have a minimum slope gradient of two- tenths percent (.2 %).
3. A minimum six foot (6') high block wall, measured from the highest adjacent
finished grade, shall be constructed and /or maintained along the north, east and
south property lines. The property lines shall have a single block wall only and the
developer shall obtain, and submit to the City, the written permission or denial of
the adjacent property owner(s) for the removal of their existing fences. Where an
existing fence is removed, the Developer shall provide suitable temporary fencing
for adjacent property during construction of the perimeter wall. A retaining wall
per City standards shall be constructed at the property line where the finished grade
difference is greater than twelve inches (12 ").
4. The developer shall provide adequate "No Parking" controls within the development
and appropriate "No Parking - Fire Lane" signs shall be installed along the driveway
per California Vehicle Code #22658, to the satisfaction of the City Engineer, and
County Fire Marshal.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works and Building
Department standards.
6. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Paragon Cable, (Phone: (714) 898 -3800)
for specifications and procedures for prewire of the building and installation of the
service wiring. Necessary permits shall be obtained at the City.
7. The developer shall provide mailbox facilities for each residence, to the satisfaction
of the Public Works Director, Planning Director, and Postmaster.
8. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced
to the satisfaction of the City Engineer.
1 �' L Exhibit "A"
Conditinal Use Permit No. 92 -8 and
Variance No. 92 -2
Conditions of Approval
Page 2
9. La Salle Street shall be dedicated for an additional ten feet (10') of right -of -way. A
cash deposit shall be paid to cover the cost of future installation of street
improvements in front of this development including curb, gutter, sidewalk,
driveway, paving, street light, etc. La Salle Street shall have a total half street right -
of -way width of thirty feet (30').
10. The quantity, location, width, and type of driveway shall be subject to the approval
of the City Engineer. The driveway shall have a minimum width of twenty -four feet
(24').
11. All utility services shall be underground. Trenching and backfill in streets shall be
per City of Cypress Standard No. 110.
12. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the
property line.
13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
- Engineering Plan Checking and Inspection Fee (Per Resolution 2964).
Recreation and Parks Fee (Per Ordinance 769).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
- Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3,
Resolution 303).
- Grading Plan Check and Permit (Per Resolution 2964 and 3662).
- All applicable Building Department Fees.
14. All applicable conditions of Conditional Use Permit No. 92 -8 shall be complied with
prior to occupancy of the subject building.
15. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
16. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
17. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
18. All architectural treatments shall be constructed as illustrated on plans and
renderings submitted. The final exterior color scheme shall be submitted to City
staff for review and approval prior to actually painting the structure.
19. Balconies shall not exceed six feet (6') in width with one dimension.
Exhibit "A"
Conditinal Use Permit No. 92 -8 and
Variance No. 92 -2
Conditions of Approval
Page 3
20. The transformer boxes and water valves shall be placed in locations acceptable to
the Planning Director and shall be adequately screened from view with plant
materials.
21. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
22. A detailed landscape and automatic irrigation plan shall be submitted to the
Planning Department for review and approval at least sixty (60) days prior to
issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in plant materials and
workmanship.
23. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
24. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
25. Applicant /developer shall comply with applicable provisions of the 1988 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
26. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
27. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
28. Type 5 cement shall be used for all foundations and slabs on grade.
29. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
30. Applicant /developer shall use fire retardant wood shingles for the roof, if
applicable.
31. A soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, grading, paving, sulfate test and
other pertinent information under good engineering practice.
32. Prior to the issuance of any building permits for combustible construction, evidence
that a water supply for fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants and access roads shall be in place and
operational to meet required fire -flow prior to commencing construction with
combustible materials. Show nearest fire hydrant location on site plan. A fire
hydrant may be required to provide fire flow.
150
Exhibit "A"
Conditinal Use Permit No. 92 -8 and
Variance No. 92 -2
Conditions of Approval
Page 4
33. Prior to the issuance of any building permits, all underground piping for automatic
fire extinguishing systems shall be approved and installed. Plans for an automatic
fire extinguishing system shall be approved by the Fire Chief prior to installation.
Such systems shall be operational prior to the issuance of Certificate of Use and
Occupancy.
34. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the
City to file the Certificate of Fee Exemption in accordance with Fish and Game
Code Section 753.5 with the Notice of Determination required under Public
Resources Code Section 21152 and Title 14 of the California Code of Regulations.
If within such forty -eight (48) hour period the applicant /developer has not delivered
to the Planning Department the check required above, the approval for the project
granted herein shall be void.
Revised 7/27/92