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Resolution No. 380822 RESOLUTION NO. 3808 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 LESS THAN THE REQUIRED 35% ONSITE LANDSCAPING. VARIANCE NO. 90 -12 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 Section 9.2.8.10 of the Zoning Ordinance of the City of Cypress to allow less than the required 35% onsite landscaping at 8681 and 8691 Moody Street, located 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. Strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship in that the proposed project will provide 33.8% onsite landscaping in order to provide the required amount of parking for the project. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved because twenty feet (20') of the subject property was forfeited to the City as street dedication. c. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by owners of other properties in the same zone since the adjacent condominium development provides less parking and landscaping than is required for the subject property. d. Due to the street dedication and the similar adjacent condominium development, 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 fire department and building code safety requirements. NON, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -12, 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 13th day of August, 1990. . ' OR OF THE CITY OF CY ESS ATTEST: CITY CLERK OF HE CIT 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 13th day of August, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF' THE CITYY F CYPRESS 2/3 zi4 EXHIBIT "A" TENTATIVE TRACT MAP NO. 14346, CONDITIONAL USE PERMIT NO. 90 -14 AND VARIANCE NO. 90 -12 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. The Tract Map 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 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 %). 3. A minimum six foot (6') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along the north, west, and south property lines. A retaining wall per City standards shall be constructed at the property line where the finished grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Wheelchair and handicapped access facilities shall be installed on -site and off -site in accordance with State of California and City of Cypress Public Works and Building Department standards. 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 prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. Exhibit "A" Tentative Tract Map No. 14346, Conditional Use Permit No. 90 -14, and Variance No. 90 -12 Conditions of Approval 215 Page 2 6. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director and Postmaster. 7. A Copy of the conditions, covenants, and restrictions (C,C &R's) covering the development shall be submitted to the City staff and City attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C,C &R's so that the development will not become a liability to the City at a later date. 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. Moody Street shall be dedicated for an additional twenty feet (20') in width and fully improved with temporary A.C. driveway, etc., in accordance with City standards. Moody Street shall have a total right -of -way width of one hundred feet (100'). 10. Developer shall post a cash deposit with the City for the estimated cost of installing future public improvements, including curb, gutter, driveway, sidewalk, paving, street light, etc., in front of this development. 11. 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. 12. Street trees (15 gallon) forty feet (40') on center shall be installed in back of property line 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. 2 schibit "A" Tentative Tract Map No. 14346, Conditional Use Permit No. 90 -14, and Variance No. 90 -12 Conditions of Approval 14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Page 3 - 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). - Grading Plan Check and Permit (Per Resolution 2964 & 3662) . - 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 666499.37 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, subdivider shall not thereafter be responsible to defend, indemnify or hold harmless the City. 16. 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 shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 17. 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 a certificate of use and occupancy. Exhibit "A" Tentative Tract Map No. 14346, Conditional Use Permit No. 90 -14, and Variance No. 90 -12 Conditions of Approval 21.7 Page 4 18. Prior to the issuance of any certificates of use and occupancy, the private street shall be red curbed and posted "No Parking - -Fire Lane" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. 19. Fire hydrants to meet required fire flow shall be provided within one hundred and fifty feet (150') in length with no turnaround. 20. The four (4) parking spaces located between the units shall be permanently and distinctly marked and maintained for "Residents Only." The four (4) parking spaces located at the north side of the entrance shall be marked and maintained for "Guests Only." The CC &R's shall include these restrictions. 21. 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 No. 22658, to the satisfaction of the City Engineer and County Fire Marshal. Onsite traffic circulation shall be subject to the approval of the City Engineer. The CC &R's shall include this restriction. 22. All requirements of the Orange County Fire Marshal's Office and the Cypress Building and Safety Department shall be complied with prior to a Certificate of Occupancy being issued. 23. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 24. 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. 25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 26. 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. , j. Exhibit "A" Tentative Tract Map No. 14346, Conditional Use Permit No. 90 -14, and Variance No. 90 -12 Conditions of Approval Page 5 27. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 28. 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. 29. Prior to the issuance of any Certificates of Use and Occupancy, a three and on -half foot (3' 6 ") high fence shall be constructed along the perimeter of the front yard grass area facing Moody Street. The proposed fence plan and materials shall be submitted to the Planning Department for review and approval prior to construction of the fence.