Resolution No. 404313
RESOLUTION NO. 4043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING AN AMENDMENT TO A VARIANCE FROM THE TERMS OF THE
ZONING ORDINANCE OF THE CITY OF CYPRESS TO DECREASE THE FRONT
SIX FOOT SETBACK TO FOUR FEET; TO ELIMINATE THE LANDSCAPE
FINGERS IN THE PARKING LOT; AND TO REDUCE THE NUMBER OF
PARKING SPACES FROM 76 SPACES TO 72 SPACES.
AMENDMENT TO VARIANCE NO. 91-6
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for an amendment to a variance from the terms
of the Zoning Ordinance of the City of Cypress to decrease the six foot (6') setback to four
feet (4'); to eliminate the landscape fingers in the parking lot; and to reduce the number of
parking spaces from 76 spaces to 72 spaces, located at 4872 Bishop Street in the CH /LC
Commercial Heavy /Lincoln Avenue Combining 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 special circumstances which apply to this property because it
was partially developed under less restrictive standards by the County of Orange
prior to the property's annexation into the City of Cypress.
b. The requested variances for building setbacks and parking do not
represent a special privilege since other projects in the CH /LC Commercial
Heavy /Lincoln Avenue Combining Zone have received variances for setbacks and
parking.
c. Granting of this variance will not be detrimental to the public health,
safety and welfare, subject to conditions of approval regarding walls, landscape
screening and window treatments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment to Variance No. 91 -6 subject to the
conditions set forth 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 January , 1992.
A "1 "PEST:
CITY-CLER 0 THEZCITY OF CYPRESS
MAYOR OF THE CITY OF 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 January , 1992, by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCIL MEMBERS: Age, Bowman, Kerry and
Nicholson
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Partin
CITY CLER OF THE CITY OF CYPRESS
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -13
AND
VARIANCE NO. 91-6
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code.
2. Prior to the issuance of building permits, the applicant shall submit engineering
drawings to the City Engineer showing pad elevations, pad certifications and soils
reports as prepared by a civil engineer.
3. A minimum seven foot (7') high block wall, measured from the highest adjacent
finished grade, shall be constructed and /or maintained along the south, east, and
west property lines. These property lines shall have a single block wall only and the
developer shall obtain, and submit to the City, the written permission or denial of
the adjacent property owner(s) for the removal of their existing block walls. Where
an existing block wall is removed, the developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls.
The applicant shall submit to the Building Official structural calculations of the
existing block wall prepared by a licensed civil engineer. If the calculations
demonstrate the feasibility of adding on to the existing wall, the applicant may do so
in lieu of constructing a new wall.
4. The developer shall provide adequate "No Parking" controls within the development
and appropriate "No Parking - Fire Lane" signs shall be installed.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
6. 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.
7. The quantity, location, width, and type of driveways shall be subject to the approval
of the City Engineer. An effective sight distance for vehicular traffic shall be
maintained at the intersection of the driveway entrances with Bishop Street.
Adequate sight distance also shall be maintained within the development at all
driveway intersections to the satisfaction of the City Engineer. The westerly drive
approach on Bishop Street shall be signed and marked for exit only. Said approach
shall be designed and constructed to physically prohibit entry of vehicles to the site
from Bishop Street.
8. All utility services shall be underground.
9. Street lights shall be installed per Southern California Edison Company and City
Standards. Traffic signs shall be installed per City Standards.
Exhibit "A"
Amendment to Conditional Use Permit No. 89 -13 and
Variance No. 91 -6
Page 2
10. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of the
public sidewalk in conformance to the street tree policy of the Public Works
Department and shall be incorporated with the onsite landscape plan. The type of
trees shall be as required by the City's street tree ordinance. Landscaping in the
public right -of -way shall be maintained by the developer.
11. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing houses at this property shall be plugged at the property
line.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Engineering Plan Checking and Inspection Fee (Per Resolution 2964).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
- Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3,
Resolution 303).
- Advanced Street Light Energy Fees (For one -year period).
- All applicable Building Department Fees.
13. Applicant /developer shall comply with applicable provisions of the 1988 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
14. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
15. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
16. Type 5 cement shall be used for all foundations and slabs on grade.
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
18. Applicant /developer shall use fire retardant wood shingles for the roof, if
applicable.
19. A soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, grading, paving, sulfate test and
other pertinent information under good engineering practice.
20. An additional fire hydrant shall be installed subject to the review and approval of
the Orange County Fire Marshal.
21. Final architectural and structural plans shall note the following: a) Type of
construction; b) occupancy classifications; c) Square footages; and d) Occupancy
load.
Exhibit "A"
Amendment to Conditional Use Permit No. 89 -13 and
Variance No. 91 -6
Page 3
22. All applicable conditions of Amendment to Conditional Use Permit No. 87 -13 shall
be complied with prior to occupancy of the subject building.
23. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
24. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
25. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
26. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff.
Commercial or industrial developments which adjoin residentially zoned areas shall
construct noise bafflers and /or deflectors on all mechanical equipment mounted
outdoors, to the satisfaction of City staff.
27. Final architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
28. All architectural treatments shall be constructed as illustrated on plans and
renderings submitted. The final exterior color scheme shall be submitted to City
staff for review and approval prior to actually painting the structure.
29. The transformer boxes and water valves shall be placed in locations acceptable to
the Planning Director and shall be adequately screened from view with plant
materials.
30. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
31. Compact parking space aisles shall be denoted as such on the asphalt as "Compact
Only."
32. Parking for the handicapped shall be provided in accordance with State
requirements.
33. 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 defects in plant materials and
workmanship.
A five foot (5') wide landscape planter shall be installed along the west property
line. Minimum 36 -inch box trees shall be planted twenty feet (20') on center. Ficus
Fridea, Cypress Leylandii or comparable screening trees may be used subject to
review and approval by the Planning Department.
34. The second story windows shall be treated to allow for adequate light but shall
prohibit the view.
2')
Exhibit "A"
Amendment to Conditional Use Permit No. 89 -13 and
Variance No. 91 -6
Page 4
35. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning 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 Certificate of Fee Exemption in accordance with Fish and Game
Code Section 753.5 with the Notice of Determination required under Public
Resources Code Section 21152 and Title 14 of the California Code of Regulations.
If within such forty -eight (48) hour period the applicant /developer has not delivered
to the Planning Department the check required above, the approval for the project
granted herein shall be void.
Revised 1/13/92