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Resolution No. 3700RESOLUTION NO. 3700 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 REDUCE'THE REAR YARD SETBACK ALLOWING A BUILDING TO BE LOCATED ON THE REAR PROPERTY LINE VARIANCE NO. 90 -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 reduce the rear yard setback allowing a building to be located on the rear property line located at 4891 Camp Street. 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. Strict or literal interpretation and enforcement of the specified regulations would result in a practical difficulty or a necessary physical hardship in that the parcel is a substandard commercial lot. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved because the building and necessary parking which precludes the provisions of all required landscaping. c. Strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other property owners in the same zone because this new building could not be built without the granting of the variance. d. Due to the location of the rear wall of the building the amount and location of the proposed landscaping, this variance will not constitute the granting of a special privilege. e. The granting of the variance will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity because it will meet all building code and fire code safety requirements and some requirements. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -2, subject to the conditions set forth in Exhibit "A" attached to this Resolution. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of February 1990. MAYOR OF THE CITY OF CYP SS TEST: CL � CITY CITY K STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CYPRESS 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 26th day of February , 1990, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 2 COUNCIL MEMBERS: Age and Bowman CITY CLE OF THE TY OF CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -15 VARIANCE NO. 90 -2 CONDITIONS OF APPROVAL 1. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 2. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 3. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 4. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 5. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -15 will require an amendment to the conditional use permit. 6. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 7. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 8. 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. 9. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 10 All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. Etchibit "A" 1anditional Use Permit 89 -15 Conditions of Approval Page 2 11. 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. 12. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 13. Parking for the handicapped shall be provided in accordance with State requirements. 14. 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. 15. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 16. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 17. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Department approval prior to any signing installation. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 18. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 19. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 20. 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. 21. 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. 22. 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. Exhibit "A" Page 3 0 Conditional Use Permit 89 -15 Conditions of Approval 23. 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. 24. Any use associated with the conditional use permit shall not be permitted to conduct business or hold office hours before 7 a.m. or after 9 p.m. daily. 25. Parking of company service vehicles shall be prohibited in the parking lot. Any service vehicles to be parked onsite shall be pulled into the warehouse behind the loading zone door. 26. A variance shall be acquired by the applicant to permit the reduction of the ten foot (10') rear setback requirement prior to the issuance of building permits. If a variance is not received, this conditional use permit shall not become effective. 27. Any walls of the building which are to be constructed along the property line shall comply with the Uniform Building Code specifications for fire walls. 28. The developer shall conform to all applicable provisions of City Code. 29. 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 for 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. 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 %). 30. Six foot (6') high block wall, shall be constructed and /or maintained along the west, north and east property lines. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve inches (12 "). 31. Wheelchair and handicapped access facilities shall be installed in accordance with State of California and City of Cypress Public Works Department standards. Exhibit "A" Conditional Use Permit 89 -15 1/44nditions of Approval Page 4 32. A three foot (3') wide planter shall be installed along the south property line adjacent to parking spaces and along the north side of the parking space adjacent to the truck bay. 33. Camp Street shall be improved with temporary driveways, etc., in accordance with the City's standards. The developer shall post a cash deposit with the City for installation of future street improvements, including curb, gutter, sidewalk, driveway, etc., in front of this development. 34. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. 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. 35. 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. 36. The truck bay shall be striped and signed for "No Parking Any Time" to the satisfaction of the City Engineer. 37. No gates shall be installed at the driveway entrances to the project. 38. No doors from the proposed building shall access onto the rear setback area. Suitable access from the exteriors of the building to this area shall be provided to the satisfaction of the Design Review Committee. 39. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Drainage Fee for Master Drainage Plan (Per Resolution 2287). - Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). - Grading Plan Check and Permit (Per Resolution 2964 & 3269). - All applicable Building Department fees. 40. No vehicle may be permitted for this business which weighs more than a fully loaded 3/4 ton pick up truck.