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Resolution No. 3090-A2 2 RESOLUTION NO. 3090 -A 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 CONSTRUCTION OF TWO MULTI- FAMILY DWELLING UNITS WHICH ENCROACH FIVE FEET INTO THE FRONT YARD SETBACK AND TO ALLOW A SIX -FOOT HIGH BLOCK WALL INTO A PORTION OF THE FRONT YARD. VARIANCE ASSOCIATED WITH CONDITIONAL USE PERMIT NO. 86 -14 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 two additional apart- ments at an existing apartment complex located at 9372 Valley View Street. Included in this request is a variance to encroach five feet into the front yard setback and to allow a six -foot high block wall in a portion of the front yard area. 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. Due to the unusual configuration and the location of the property adjacent to a railroad, there are extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. b. The granting of the variance as conditioned will not constitute the granting of a special privilege incon- sistent with the limitations on other properties in the vicinity classified in the same zone because of the increased size and the unusual shape of the subject property. c. 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 since the additional building will be located adjacent to the railroad right -of -way and not adjacent to resi- dential buildings. 4. The City Council DOES HEREBY GRANT said variance associated with Conditional Use Permit No. 86 -14 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 27th of May 1986. ATTEST: Ark./ 'r`' ` IT SF CYPRESS T ITY O 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 27th day of May 1986, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Lacayo n CITY CL RK OF T CITYff CYPRESS 223 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 86 -14 1. The developer shall conform to all applicable provisions of the City Code. 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 bench- mark shall be submitted for approval. A topograph of the area surround- ing this development shall be made to establish existing drainage flow patterns. 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. The existing block wall, along the railroad right -of -way, shall be repaired and maintained. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be con- structed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Installation of Cable T.V. shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Colony, Inc. (Phone: [714] 826 -8680) for specifications and procedures for the prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 5. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 6. The carport floor and approach apron shall be constructed of Portland Cement Concrete. The carport area shall have security lighting to the satisfaction of the Building Official. 7. 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. 8. The quantity, location width, and the type of driveways shall be subject to the approval of the City Engineer. 9. 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. 10. Two (2) 22,000 IIFS street lights shall be installed on Valley View Street per City and Southern California Edison Company standards. The existing wood street light pole shall be removed. Traffic signs shall be installed per City standards. 224 - 2 - 11. The existing dirt areas of the Valley View Street parkway shall be sodded. Street trees (15- gallon) forty feet (40') on center shall be installed on Valley View Street 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. A sewer plan shall be submitted for approval by the City Engineer, with plan check and inspection by the City's Engineering Division. 13. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 14. 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. 1S. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 16. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 17. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 18. All architectural treatments shall be compatible with the surrounding structures and constructed as illustrated on plans and renderings sub- mitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. In addition, all windows shall have accent trim consistent with existing buildings. 19. All requirements of the Orange County Fire Marshall's Office, Orange County Health Department and Cypress Building and Safety Department shall be satisfied prior to occupancy of the building. 20. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning, Engineering and Building Departments. 21. The front door located on the ground level shall be recessed to match surrounding architecture and the floor plans and elevations shall be modified accordingly. 22. The roof shall match existing roof materials on the site. Roof materials shall be limited to rock (existing material) or wood shake to be con- sistent with existing structures. 225 - 3 23. Fees required for improvements are as follows: . Drainage fees for Master Drainage Plan (per Resolution No. 2287) applied only to the area of proposed development and for which drainage fees have not already been paid. . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). . Advanced street light energy charges shall be paid (for a one -year period). . Grading permit fee (per Section 7007 uniform building code). . All applicable Building Department fees.