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HomeMy WebLinkAboutResolution No. 4124RESOLUTION NO. 4124 2 'R 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 THE REDUCTION OF EIGHT (8) OF THE MINIMUM REQUIRED THIRTY -ONE (31) PARKING SPACES FOR A DAY CARE FACILITY. VARIANCE NO. 92-6 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 the reduction of eight (8) of the minimum required thirty -one (31) parking spaces for a day care facility located at the northeast corner of Camden Drive and Corporate Avenue. 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 variance will be an incentive to, and benefit for, the day care center project, since it will allow the applicant to provide a needed service to its employees while maximizing the use of all its parking facilities. b. The variance will facilitate access to the day care center by patrons of public transit facilities, since two (2) bus stops are conveniently located adjacent to the corporate headquarters site and one within walking distance of the day care center site. c. The enforcement of the minimum parking requirements would create a practical difficulty and hardship, since the day care center site is not large enough to provide full onsite parking. To provide all parking onsite would require a significant reduction in the number of children cared for at the facility. d. The variance would not pose a safety hazard due to overflow parking or illegal parking, since the applicant will utilize an existing carpool and shuttle program for its employees to reduce parking demand. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 92 -6, 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 9th day of November , 1992. ATTEST: CITY CLER& OF C aF 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 9 th day of November , 1992, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age,Bowman, Kerry and Nicholson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Partin YCER dHE TY OF CYPRESS L: EXHIBIT "A" VARIANCE NO. 92-6 CONDITIONS OF APPROVAL 219 1. The applicant shall comply with all applicable conditions of Conditional Use Permit No. 92 -14. 2. The subject variance applies only to PacifiCare and its employees. Any change of the day care facility to an outside property owner or user shall require a reopening of the consideration of the variance and Conditional Use Permit No. 92 -14. 3. Should the proposed parking plan prove inadequate to serve the parking needs of the day care center, the City Council may reopen the subject conditional use permit and variance and consider any appropriate modifications. 4. 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. Effective 10/26/92