Resolution No. 5063452
RESOLUTION NO. 5063
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, SECTION 25.15.G TO ALLOW A REDUCTION IN THE WIDTH BETWEEN
CURBS AND STRUCTURES.
VARIANCE NO. 98 -8
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, Section 25.15.G, to allow a reduction in the required distance
between curbs and structures for the nine (9) unit residential development located at 9122 Walker
Street and 5522 Camp Street within the PC Planned Community Zone (Lincoln Avenue Specific
Plan: CM Commercial Mixed Use District).
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That in accordance with section 35.107. of the Zoning Ordinance of the City of
Cypress, the City Council hereby fords that:
(a) The strict or literal interpretation and application of the specific distance
between curbs and structure requirement would result in a practical difficulty or
unnecessary physical hardship in that the project has been designed such that side and rear
yard setbacks have been increased to create a larger setback between the proposed
development and the adjacent single -story homes.
(b) That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or the intended development of the property that do
not apply generally to other properties in the same zone in that the subject site is irregular
in shape; and
(c) That the granting of such variance 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) That the granting of the variance will not be materially detrimental to the
public health, safety, or welfare, nor injurious to property or improvements in the zone or
neighborhood in which the property is located, and
(e) That the granting of such variance will not create any inconsistency with
any objective contained in the General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 98 -8, subject to the conditions attached hereto as
Exhibit "C ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of February , 1999.
(CtM)
MAYOR OF THE CITY OF CYPRESS
453
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA, 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 , 1999, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: McCoy, Piercy and Sondhi
NOES: 2 COUNCIL MEMBERS: McGill and Keenan
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
454
EXHIBIT "C"
Variance No. 98 -8
9122 Walker Street & 5522 Camp Street
CONDITIONS OF APPROVAL
1. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period . provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 et sue. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
4. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
5. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Thirty-Eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4
and California Code of Regulations, Title 14, section 753.5. If, within such forty-eight
(48) hour period, the applicant/developer has not delivered to the Community
Development Department the check required above, the approval for the project granted
herein shall be void.
Effective 2/8/99
• Community Development Department • Planning Division •