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HomeMy WebLinkAboutResolution No. 3289RESOLUTION NO. 3289 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 DECREASE THE REQUIRED 20 -FOOT SETBACK TO ZERO FROM THE WEST PROPERTY LINE - VARIANCE NO. 87 -6. 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 construct a one -story commercial building on the west property line adjacent to a single- family residential zone, at 9081 to 9101 Walker 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 practical diffi- culty or necessary physical hardship in that the adjacent parcel has already been developed with a building located on the rear property line adjacent to the residential zone. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved because of the existing building which is located on the property line. 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 because a usable commercial retail building could not be constructed without the granting of the variance. d. Due to the location of the existing building on the rear property line, 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. 4. The City Council DOES HEREBY GRANT said variance subject to the con- ditions attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of August 1987. a) MAYO OF THE CITY OF' CYPRESS ATTEST: % rc CITY CLERK r� dF HE CITY F 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 10th day of August 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 191 192 EXHIBIT "A" VARIANCE NO. 87 -6 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. A parcel map consolidating three (3) existing parcels into one (1) shall be recorded prior to issuance of building permit. 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 topograph 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.: All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2%). 3. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards. 4. A five -foot (5') minimum wide raised concrete planter shall be constructed along the north property line at the head of the four parking stalls. 5. 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. 6. Walker Street shall be fully improved driveway closure, etc., and Camp Street improved with driveway, driveway closure, wide sidewalk back of curb, etc., all in City standards. with driveway, shall be fully five -foot (5') accordance with 7. 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. 193 - 2 - 8. Street trees (15 gallons) 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 onsite landscape plan. Landscaping in public right -of -way shall be maintained by the developer. 9. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connecting existing houses at this property shall be plugged at the property line. 10. The building will be required to be equipped with an automatic sprinkler system if property is built to the property line through variance approval. 11. A fire hydrant shall be required with a fire flow of 1,000 GPM at 20 pounds residual, south of the eastern parking lot. 12. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 13. All product and material storage shall occur within the. building. Exterior storage is specifically prohibited. 14. 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. 15. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 16. 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. 17.. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 18. 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 any defects in plant materials and workmanship. 194 - 3 19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 20. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 21. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 22. 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. 23. 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. 24. Parking for the handicapped shall be provided in accordance with State requirements. 25. 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. 26. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 27. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 28. A parcel map to combine three (3) parcels into one (1) shall be finaled by the County of Orange, prior to the issuance of a building permit. 29. The rear of the building shall be constructed with the same roof line as the east and south elevations. A drainage pipe shall be constructed that prohibits the water from draining on adjacent properties. 30. Fees required for improvements are as follows: Final subdivision map filing fee (per Resolution 2964). Engineering plan checking and 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 303). Grading permit fee (per Resolution 2964). All applicable Building Department fees.