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Resolution No. 3854RESOLUTION NO. 3854 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 THE SUBSTITUTION OF SHUTTLE BUS SERVICE TO ELIMINATE THE NEED FOR TWENTY -FOUR (24) ADDITIONAL PARKING SPACES. VARIANCE NO. 90 -17 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 substitution of the shuttle bus service instead of twenty -four (24) additional required parking spaces for the Douglas Aircraft building located at 6100 Chip 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 shuttle bus service will be sufficient to accommodate the increased parking need resulting from the proposed change of use. b. Strict or literal interpretation and enforcement of Section 14.2 of the City of Cypress Zoning Ordinance would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance. c. 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. d. The granting of the variance will not be detrimental to the health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. e. Neither present nor anticipated future traffic volumes generated by the uses of the site or uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of Section 14.2. f. The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. g. The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the Zoning Ordinance. h. The project is consistent with all provisions of the City of Cypress Zoning Ordinance including permitted land uses, development standards, and parking, except the subject variance. i. The project is compatible with surrounding land uses. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -17 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 November, 1990. • AY R OF THE CITY OF CYPRESS 4 J `4 ATTEST: CITY C RK iD4(PRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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 13th day of November, 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 CITE( OF CYPRESS 2 EXHIBIT 'A" VARIANCE 110. 90 -17 CONDITIONS OF APPROVAL 1. The applicant shall comply with all applicable provisions of the 1988 uniform Building, Plumbing and Mechanical Codes, 1987 National Electrical Code, California Administrative Code, Title twenty -four (24), and the Cypress City Code. 2. All conditions of approval for Variance No. 90 -17 shall be complied with prior to occupancy of the subject tenant improvements area. 3. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to issuance of a Certificate of Occupancy. 4. The City Council shall maintain the right to review the subject tenant improvements with the associated shuttle bus operations, subject to a public hearing, should substantiated complaints be received that the shuttle bus operations, or lack of them, are creating an adverse impact on the parking and circulation at the subject site. 5. Should the shuttle bus service be discontinued or fail to provide adequate service to the office /administrative use, this area shall be converted back into warehouse.