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Resolution No. 2664RESOLUTION NO. 2664 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 THREE RESIDENTIAL UNITS AND SIX COVERED PARKING SPACES VARIANCE NO. 83-2 THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: 264 1. That an Application was filed for a Variance from the terms of the Zoning Ordinance of the City of Cypress to allow a total of three residential units and six covered parking spaces at 5701 Vonnie Lane, in the RM -15/A Residential Multiple Family Zone. 2. That the City Council, after proper notice the—eof, duly held a public hearing on said Application as provided by law. 3. That the City Council hereby finds that: (a) Because of special circumstances applicable to the property, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that there are extraordinary circum- stances applicable to the properties in the same zone, since this particular parcel of land has extensive lot width in comparison to the other properties fronting on the same street. (b) The Variance as granted and as conditioned does not consti- tute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated in that the subject parcel of land is one of the few properties which has a greater lot area than the majority of parcels along the northerly side of Vonnie Lane, west of Cypress Avenue and east of Walker Street, in the RM -15/A Residential Multiple Zone. (c) The granting of the Variance will not be detrimental to the public health, safety or welfare or materially injurious to properties in the vicinity in that the design of the proposed units is such that they will not detract from adjoining parcels. (d) The granting of the Variance will not detract from the attractiveness or orderly appearance of the surrounding neighborhood and instead will improve the aesthetic quality of the property. 4. The City Council DOES HEREBY GRANT said Variance subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of June 19:3. ATTEST: CITY CLERK OF'TCIT Y' OF CYPRESS STATE OF CALIFORNIA ) ss COUNTY OF ORANGE OF CYPRESS 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 June 1983, by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCIL MEMBERS: Mullen, Partin, and. Lacayo 0 COUNCIL MEMBERS: None 2 COUNCIL MEMBERS: Coronado and Kanel CIfY CLERK 0 an C OF CYPRESS 265 EXHIBIT "A" VARIANCE NO. 83-2 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 engineer and using actual grades from an Orange County surveyor's benchmark shall be sub- mitted for approval. A topograph of the area surrounding this develop- ment 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. Al] onsite drainage conveyed to the street shall be by means of an under - sidewalk drain, per Orange County Standard. In parking areas, AC shall have a minimus slope gradient of two percent (2%), and concrete shall have a minimus slope gradient of two-tenths percent (.2%). 3. A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the north and west property line(s). A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). 4. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. 5. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Build- ing Department standards. 6. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the City staff. 7. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster and consider a change of address to Cypress Avenue. 8. 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 Superintendent. 9. The developer shall comply with all requirements of the Orange County Fire Marshal's Office. 266 10. Final building elevations which indicate specific construction materials and color schemes shall be submitted for review and approval prior to the issuance of Building permits. 11. The developer shall submit a revised site plan showing a removal or separation of the trellis area from the carport. 12. The corner cutoff shall be dedicated to the City of Cypress for roadway purposes. ]3. 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. 14. Al] secondary and primary utility servicesshal] be underground. Any open cut shall be backfilled per City of Cypress Standard No. 110. 15. A temporary asphalt concrete or Portland Cement concrete drive approach to this development shall be installed to the satisfaction of the City Engineer. At the time of future street improvements, said approach will be removed by the City and replaced per City standards. The elevations of the drive approach at the property line shall lie 36.70 at the south end, 36.75 at centerline and 36.80 at the north end of drive approach. Drive approach shall be 20 feet wide and centerline located 69 feet north of north beginning of curb return at intersection of Cypress Avenue and Vonnie Lane. The temporary benchmark for the above elevations is a nail at the intersection of Cypress Avenue and Vonnie Lane, elevation 47.49. 16. Street trees (15 gallon) forty feet (40') on center shall be installed along streets in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design element of the General Plan. Trees shall be planted in back of the future sidewalk as a part of the onsite landscaping and shall be maintained by the property owner. 17. Developer shall provide the City with a Certificate of Insurance evidenc- ing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City as additional insured. Policy shall include the City, its Council, officers, members of boards or commissions and employees are hereby declared to be additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 18. Fees required for improvements are as follows: a. Drainage fee for Master Drainage Plan. b. Sanitary sewer connection fee, per Orange County Sanitation District, No. 3, Resolution No. 303. c. Grading permit fee, per Section 7007 Uniform Building Code. d. All applicable Building Department fees.