Resolution No. 4533RESOLUTION NO. 4533
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 10.6.B., TO ALLOW A WALL HEIGHT EXTENSION MEASURING
HIGHER THAN SIX (6) FEET.
VARIANCE NO. 95 -7
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 10.6.B., to allow a two -foot (2') height extension onto
an existing six -foot (6') high wall located at 6143 Ball Road, within the CG- 10,000 Commercial
General Zone.
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) There are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not apply to other properties in the same
zone because the church has experienced vandalism to the rear area of their facility due
to the adjacent drainage channel which allows vandals easy access over the existing six -
foot (6') high block wall, with obscured visibility from the street of surrounding
properties.
(b) The granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties of improvements in the vicinity,
because the purpose of the variance is for security related problems.
(c) 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, since two (2) other variances for two -foot (2') height
extensions in similar circumstances have been granted by the City Council in the past.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 95 -7, 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 11th day of September 1995.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
AYOR OF THE CITY OF C ESS
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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: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Bow an
G7tie/44.
CIT LERK OF THE ITY OF CYPRESS
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EXHIBIT "A"
VARIANCE NO. 95 -7
6143 BALL ROAD
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant /property owner 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 (§ 2100 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 applicant'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 /property owner shall comply with all provisions of the Code of the City
of Cypress.
BUILDING CONDITIONS
4. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
5. Engineering calculations shall be required for the block wall extension.
Effective 9 -11 -95
• Community Development Department • Planning Division •