Loading...
Resolution No. 3355RESOLUTION N0. 3355 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 REDUCTION IN REAR YARD SETBACK, FRONT LANDSCAPED AREA, AND LANDSCAPING AREA BETWEEN WALLS, FENCES, BUILDINGS OR OTHER STRUCTURES AND PARKING SPACES OR DRIVEWAYS - VARIANCE NO. 87 -10 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 expand the existing Cypress Dog and Cat Animal Hospital, at 5422 Lincoln 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. 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 of the placement of the existing building and necessary parking which precludes the provision of all required landscaping. The existing building currently has a rear yard setback which is the same as the one requested. Furthermore, the rear of the property is adjacent to a 15 -foot alley which acts as a setback. c. Strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone because this necessary addition could not be built without the granting of the variance. d. Due to the location of the existing rear wall of the building and the amount and location of the existing 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 landscaping is provided. 4. The City Council DOES HEREBY GRANT said variance subject to the conditions attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 8th day of February 1988. ATTEST: CITT CLERK F THE CITY 'OF CYPRESS 365 4.71-a,ar.~.(00/ AYO OF THE CITY OF CYPRESS 366 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 8th day of February 1988, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Davis CITY CLERK OF THE CIT1f OF CYPRESS 367 EXHIBIT "A" VARIANCE NO. 87 -10 AND DESIGN REVIEW COMMITTEE NO. 87 -47 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. 2. The driveway aisle on the east side of the building shall be for one -way traffic only in the southerly direction, exiting at the alley. Said aisle shall be striped with arrows for one -way traffic and a "one- way /do not enter" sign shall be installed at the intersection of the drive aisle and the alley, to the satisfaction of the City Engineers. 3. Parking spaces designated on the plans as 6, 7 and 8 shall be used and designated for "employees only." 4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 5. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 6. 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. 7. 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. 8. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 9. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 10. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 11. Parking for the handicapped shall be provided in accordance with State requirements. 368 - 2 12. The rear access door to the business premises facing the alleyway and adjoining single - family residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. 13. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 14. 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. 15. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 16. 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. 17. 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 307). . Grading plan check and permit (per Resolutions 2964 and 3269). . All applicable Building Department fees.