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Resolution No. 3829?32 RESOLUTION N0. 3829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY,'O? CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A TEN FOOT (10') REAR SETBACK VARIANCE N0. 90 -13 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 ten foot (10') rear setback at 6401 -25 Ball Road in the CG Commercial General 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 regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Section 10.3 of the City of Cypress Zoning Ordinance. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone, because this is an existing commercial center built prior to the current development standards for this zone. c. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. d. The granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. e. The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that the proposed design will create a noise buffer between the commercial center and the residential zone. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -13 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 September, 1990. ATTEST: CITY CLERK OF THE CITY ,OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) OR OF THE CITY OF CYPR SS 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 September, 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 CI OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -19 AND VARIANCE NO. 90 -13 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 two parcels of this development shall be consolidated into one parcel by means of a Lot Line Adjustment prior to issuance of building permit. This requirement will be satisfied by the developer submitting to the City a copy of the recorded Lot Line Adjustment dated January 4, 1985 and undertaken by the Nim Family Trust. 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 an adjoining parcel, a drainage easement shall be granted. 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. The east wall of the existing carports on the west property line shall be repaired to the satisfaction of the City Engineer. 4. A minimum eight foot (8') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along the north property line. This shall be accomplished either by constructing an extension to the existing block wall designed by a registered engineer to the satisfaction of the Building Department, or a new wall shall be constructed. If texture coating shall be applied to the satisfaction of the Planning Department to ensure that the addition will match the existing 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 "). A six -inch (6 ") concrete curb per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls and structures exposed to vehicular traffic. 33Z 3 3 Lxhibi t "A" Conditional Use Permit No. 90 -19 and Variance No. 90 -13 Conditions of Approval Page 2 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. Ball Road shall be fully improved with new full width sidewalk, driveway closures and new drive approaches, etc., in accordance with City standards. 7. The quantity, location, width, and the type of driveway shall be subject to the approval of the City Engineer. The existing drive approach on Holder Street, designated as "Exit Only," shall be removed and reconstructed to physically prohibit the ingress of vehicles to the satisfaction of the City Engineer. 8. All existing . public improvements at the development site which are damaged, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 9. All utility services to new buildings shall be installed underground. 10. Street lights on Ball Road shall be installed per City and Edison Company standards. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. 11. Street trees (15 gallon) forty feet (40') on center shall be installed in tree wells along Ball Road in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required by the City's street tree ordinance. 12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & Inspection Fee (Per Resolution 2964) . - 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 Fee (Per Resolution 2964 & 3662). - All Applicable Building Department Fee:. Exhibit "A" Conditional Use Permit No. 90 -19 and Variance No. 90 -13 Conditions of Approval Page 3 33J 13. A sewer plan shall be submitted for approval by the City Engineer. 14. An automatic fire sprinkler system shall be installed. 15. Applicant /developer shall comply with provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes, 1987 National Electric Code, California Administration Code and Cypress City Code. 16. All electrical signs shall be U.L. listed and installed in accordance with their listing. 17. 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. 18. Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. 19. 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 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. 20. Onsite fire hydrant shall be installed to provide needed fire flow. 21. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -19 will require an amendment to the conditional use permit. 22. 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. 23. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 3316 hibit "A" Conditional Use Permit No. 90 -19 and Variance No. 90 -13 Conditions of Approval Page 4 24. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The tinal 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. 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. 27. 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. 28. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 29. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 30. Parking for the handicapped shall be provided in accordance with State requirements. 31. The intercom speaker box for the drive -thru restaurant shall be located and equipped with a noise attenuation device to the satisfaction of City staff, so that noise shall not be directed toward adjoining businesses and properties. 32. 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. 33. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 34. 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. Exhibit "A" Conditional Use Permit No. 90 -19 and Variance No. 90 -13 Conditions of Approval Page 5 35. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 36. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 37. A comprehensive sign program for both building and freestanding monument signs, other than what is approved as part of this application, 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. 38. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 39. 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. 40. 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. 41. 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. 42. 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. 43. The business hours of operation in relation to truck dock activity shall be limited from 7:00 a.m. to 10:00 p.m. only, on Monday through Saturday. Late night or early morning deliveries shall be specifically prohibited. 44. The rear access door to the business premises facing the alleyway and adjoining single - family residences from Building "C" shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. 45. Buildings and uses adjacent to residential areas shall not be permitted to conduct business or hold office hours before 7 a.m. or after 9 p.m. daily.