Resolution No. 3632RESOLUTION NO. 3632
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 THREE GUEST PARKING SPACES TO
ENCROACH INTO THE FRONT LANDSCAPED SETBACK AREA
VARIANCE NO. 89 -14
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 three guest parking spaces to
encroach into the front landscaped setback area located at 4762 and 4782
Crescent Avenue. The proposed project may also require a variance from
Section 9.2.C.3. to waive six open assigned parking spaces.
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. A strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty because the
size and shape of the property poses a hardship in accommodating
required parking for the proposed townhome development.
b. The granting of the variance as conditioned will not
constitute a special privilege, since the project is governed under a
conditional use permit and is subject to the same project review process
as similar projects in the same zone.
c. Since the project is subject to specific conditions of
approval, these conditions will ensure that the variance will not be
detrimental to the public health, safety and welfare.
d. Neither present nor anticipated future traffic volumes
generated by the use require literal interpretation and enforcement
because the project Covenant, Conditions and Restrictions will prohibit
the use of dens as bedrooms and require the designation of open parking
spaces for guests only.
e. The granting of the variance will not result in the parking
or loading of vehicles on public streets to interfere with the free flow
of traffic since the project design and Covenant, Conditions and
Restrictions, combined will adequately address parking demand.
f. The granting of the variance will not create a safety hazard
since the project is governed by the related conditions of approval and
Covenant, Conditions and Restrictions.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 89 -14, 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 October 1989.
OF THE CITY OF CYPRESS
ATTEST:
LERK OF CIT �,OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CYPRESS
YPRESS
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 9th day of October , 1989, by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
2
e E C ITY CLERK OF CITY,PIF CYPRESS
14`,)
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 89 -20, VARIANCE NO. 89 -14 AND
TENTATIVE TRACT MAP NO. 14128
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of
the City Code. All requirements of the State Subdivision
Map Act, and the City's Subdivision Ordinance and Zoning
Ordinance shall be satisfied. Tract Map 14128 shall be
recorded prior to issuance of Building Department Permits.
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 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 onsite
drainage conveyed to the street shall be by means of an
under - sidewalk drain. 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 finish grade, shall be constructed and /or
maintained along the east, south and west property lines.
The east property line 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
for the removal of their existing block wall. Where an
existing block wall is removed, the Developer shall provide
suitable temporary fencing for all adjacent properties
during construction of the perimeter wall.
A retaining wall per City standards shall be constructed at
the property line where the finish grade difference is
greater than twelve inches (12 ").
4. Wheelchair and handicapped access facilities shall be
installed onsite and off -site in accordance with State of
California and City of Cypress Public Works Department
standards.
1i tpibit "A" Page 2
conditions of Approval
Conditional Use Permit No. 89 -20
5. Installation of Cable T.V. shall be subject to the City
Ordinance No. 726. Prior to construction, the developer
shall contact Copley /Coloney, Inc. (Phone: (714) 826 -8680)
for specifications and procedures for prewiring of the
building and installation of the service wiring. Necessary
permits shall be obtained at the City.
6. The developer shall provide mailbox facilities for each
residence, to the satisfaction of the Public Works Director,
Planning Director, and Postmaster.
7. Parking stalls shall have minimum dimensions per City's
Zoning Ordinance. Onsite sidewalks shall have a minimum
width of four feet (4'). One handicapped parking space
shall be installed per the approval of the City Engineer and
Planning Director.
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.
9. Crescent Avenue shall be fully improved with six foot (6')
wide sidewalk back of curb, driveway, driveway closure,
etc., in accordance with City's standards.
10. All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110. Arterials shall be crossed by boring only. In
City streets lateral open cuts spaced within twenty feet
(20') of each other shall be covered with a one inch (1 ")
continuous A.C. cap.
11. Street lights shall be installed per Southern California
Edison Company and City standards. No parking shall be
allowed on the south side of Crescent Avenue and "No Parking
Anytime" signs shall be installed per City standards.
12. Street trees (15 gallon) forty feet (40') on center shall be
installed in back of public sidewalk in conformance to the
street tree policy of the Public Works Department and shall
be incorporated with the on -site landscape plan. The type
of trees shall be as required by the City's street tree
ordinance. Landscaping in public right -of -way shall be
maintained by the developer.
13. 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.
Exhibit "A"
Conditions of Approval
Conditional Use Permit No. 89 -20
Page 3 i
14. Fees required for improvements are as follows:
- Final Subdivision Map Filing Fee (Per Resolution No.
2964) .
- Engineering Plan Check & Inspection Fee (Per Resolution
2964) .
- Park and Recreation 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 308).
- Advanced Street Light Energy Fee (For one year period).
- Grading Plan Check and Permit (Per Resolution 2964 &
3269) .
- All applicable Building Department fees.
15. The subdivider shall defend, indemnify, and hold harmless
the City and any agency thereof, or any of its agents,
officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any
of its agents, officers or employees, to attack, set aside,
void, or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body,
concerning the subdivision, which action is brought within
the time period provided for in Section 66499.37 of the
Government Code of the State of California. City shall
promptly notify the subdivider of any claim, action, or
proceeding brought within this time period. City shall
further cooperate fully in the defense of the action and
should the City fail to either promptly notify or cooperate
fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, subdivider
shall not thereafter be responsible to defend, indemnify, or
hold harmless the City.
16. An adequate vehicular turn - around area shall be provided at
the southerly end of the complex and shall be signed and /or
striped, all to the satisfaction of the City Engineer.
17. The applicant shall install an automatic fire sprinkler
system prior to the release of utilities.
Rxhibit "A"
1.4onditions of Approval
Conditional Use Permit No. 89 -20
Page 4
18. The applicant shall comply with all applicable regulations
of the 1985 Edition of the Uniform Building, Plumbing and
Mechanical Codes, 1987 National Electrical Code, California
State Title 24 Energy and Handicapped Regulations and
Cypress City Code.
19. The applicant shall obtain a Demolition Permit prior, to
demolition of the existing single - family home and detached
garage.
20. Prior to the issuance of Certificate of Use and Occupancy,
the applicant shall install a lockable pedestrian gate for
access to the townhome project.
21. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
22. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
23. The developer shall enter into a written agreement with the
City Council outlining the terms of the Density Bonus Policy
prior to issuance of any building permits.
24. Any expansion or modification of the approved use beyond
what is approved as part of Conditional Use Permit No. 89 -20
will require an amendment to the conditional use permit.
25. Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
26. 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.
27. Balconies shall not exceed six feet (6') in width with one
dimension.
28. 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.
29. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff.
Exhibit "A"
Conditions of Approval
Conditional Use Permit No. 89 -20
Page 5
30. 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.
31. Unless otherwise specified, all required trees shall be a
minimum 15- gallon in size and of a variety approved by the
Planning Director.
32. A redwood landscape retainer, a minimum of two inches by six
inches (2" x 6 ") in size, shall be installed along all
property lines where necessary to retain the landscape
planters until adjoining properties are developed.
33. All landscaped areas adjacent to a street right -of -way shall
contain a 3 to 1 berm.
34. Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas.
35. The developer shall not erect or display on the subject
property any signs which have not been approved in writing
by the Planning Department.
36. All walls, fences and trash enclosures shall be maintained
free of significant surface cracks, dry rot, warping,
missing panels or blocks which threaten the structure's
structural integrity or appearance.
37. Parking lot surfaces and pedestrian walkways shall be
maintained in a safe condition such that any concrete,
asphalt, or other driving or walking surfaces are free of
potholes, buckled or cracked surfaces, or raised areas.
38. The property shall be maintained free of the accumulation of
trash and debris. Trash and debris associated with the
permitted uses are to be stored solely in designated trash
enclosures.
39. Exterior building elevations shall be maintained in a safe
appearance such that the buildings are free of broken,
missing or significantly cracked surface finished materials.
40. As a condition of Conditional Use Permit No. 89 -20 and the
Covenants, Conditions and Restrictions, both items shall
contain a condition prohibiting use of the den as a bedroom.
rhibit "A"
L onditions of Approval
Conditional Use Permit No. 89 -20
Page 6
41. Guest parking spaces shall be signed as such, prohibiting
all other parking and authorizing towing of any violators.
42. One additional parking space shall be provided in the front
setback adjacent to the trash enclosure.
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