Resolution No. 452914
RESOLUTION NO. 4529
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 LOCATION OF A KOI POND AT A DEPTH OF 36
INCHES TO ENCROACH INTO THE REAR AND SIDE YARD SETBACKS
VARIANCE NO. 95 -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 to allow the location of a Koi pond at a depth of 36 inches within the
rear and side yard setbacks located at 4821 Corso Circle.
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) That 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.
(b) That the granting of the variance as conditioned will not constitute the
granting of a special privilege inconsistent with the limitations on other
properties in the vicinity classified in the same zone.
(c) The granting of the variance as conditioned will not be detrimental to the
public health, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity.
(d) Locating the Koi pond within the rear and side yard setbacks can be
accommodated by engineering which would ensure construction methods will
prevent impacts to adjacent properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 95 -8, subject to the following conditions:
1. That all building permits be obtained for the Koi pond (swimming pool).
2. That the Koi pond comply with the Uniform Building Code definition of
swimming pool because of its depth (36 inches).
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of September , 1995.
ATTEST:
CITY CLERK OF THE ITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
1
MAYOR OF THE CITY OF CY 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 11th day of September , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CIT LE :AK'trIHE C Y OF CYPRESS
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EXHIBIT "A"
VARIANCE NO. 95 -8
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
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 seq. - 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 developers 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 Department shall be satisfied prior to
commencement of the business operation.
5. All applicable conditions of Variance No. 95 -8 shall be complied with prior to receiving
the final inspection.
6. 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
in the amount of Twenty -five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Exemption in accordance with Public Resources Code Section
21152. If, within such forty -eight (48) hour period, the applicant /developer has not
• Community Development Department • Planning Division •
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Exhibit "A"
Variance No. 95 -8
Conditions of Approval
Page 2
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
7. The applicant shall obtain a building permit for a swimming pool since the Koi pond is
greater in depth than 24 inches. Engineered drawings and calculations are required.
9. Obtain approval for the new waterfall that has been constructed as part of the existing
blockwall. The blockwall will required engineered calculations showing that the existing
wall is able to carry the additional load.
Effective 09/11/95
• Community Development Department • Planning Division •