Resolution No. 6902 283
RESOLUTION NO. 6902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-04, ALLOWING
CONSTRUCTION OF A DETACHED GARAGE EXCEEDING
FIFTEEN FEET IN HEIGHT, LOCATED AT 8661 ACACIA DRIVE WITHIN
THE RS-15,000— RESIDENTIAL SINGLE-FAMILY ZONE AND FINDING
THE PROJECT EXEMPT FROM CALIFORNIA ENVIROMENTAL
ACT REQUIREMENTS
WHEREAS, the City Council of the City of Cypress has considered an application for a
conditional use permit in accordance with the provisions of Section 4.19.070 of the Zoning
Ordinance of the City of Cypress to allow construction of a detached garage/accessory
structure exceeding fifteen feet in height, located at 8661 Acacia Drive within the RS-15,000 —
Residential Single-Family Zone.
WHEREAS, the subject site is designated Residential — Low Density in the City's
General Plan, and is zoned RS-15,000 — Residential Single-Family, where garage-type
accessory structures more than fifteen feet in height are allowed, subject to a conditional use
permit. Section 3.17.020 of the Cypress Zoning Ordinance has special development standards
for accessory structures in residential zones.
WHEREAS, the City Council, after proper notice thereof, on September 12, 2022, held
a duly noticed public hearing on the application and took public testimony.
WHEREAS, the proposed project is categorically exempt pursuant to California
Environmental Quality Act (CEQA) Guidelines, Section 15303 — New Construction. Section
15303(e) includes the construction of accessory structures such as garages. The proposed
project consists of a new 3,457 square-foot garage/accessory structure to compliment a single-
family residence on the property.
WHEREAS, the City Council finds that the applicant agrees with the necessity of and
accepts all elements, requirements, and conditions of this Resolution as being a reasonable
manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of
the citizenry in general and the persons who work, visit or live in this development in particular.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE, based upon substantial evidence taken from the
administrative record and at the public hearing, AS FOLLOWS:
SECTION 1. Findings. Pursuant to the Section 4.19.070E of the Cypress Zoning
Ordinance, the City Council finds, after due study and deliberation that the following
circumstances exist:
1. The proposed location of the conditional use is consistent with the requirements of
the general plan and the zoning district in which the site is located:
The site is zoned RS-15,000— Residential Single-Family, which is consistent with the
Residential — Low Density General Plan designation. The RS-15,000 Zone's intent is
to provide areas for single-family residential estates with minimum parcel sizes of
fifteen thousand (15,000) square feet. The zone permits accessory structures
exceeding 15 feet in height, subject to a Conditional Use Permit, and the application
meets all development standards.
2. The location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare,
or be materially injurious to properties or improvements in the vicinity:
A garage exceeding fifteen feet in height is permitted subject to a conditional use
permit. The garage will not be detrimental to the public health, safety or welfare, or
injurious to properties in the vicinity, because the project meets all development
standards and will adhere to building permit requirements. With the recommended
project conditions, the garage is restricted to the size and design as submitted, further
preventing adverse effects on adjacent properties.
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3. The proposed conditional use will comply with each of the applicable provisions of
the Zoning Ordinance:
The garage use, as proposed and conditioned, is consistent with the criteria for
approving conditional use permits for accessory structures exceeding fifteen feet
high, as set forth in Sections 2.05.030 and 3.17.020 of the Zoning Ordinance.
SECTION 2. CEQA. The City Council finds that the proposed project is categorically
exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15303
— New Construction. Section 15303(e) involves the construction of accessory structures such
as garages. The proposed project consists of a new garage/accessory structure. Therefore,
the City Council has determined that there is no substantial evidence that the project may have
a significant effect on the environment.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2022-04, subject to the conditions
attached hereto as Exhibit"A".
Any challenge to this Resolution, and the findings set forth therein, must be filed within
the 90-day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 12th day of September, 2022. 9M OR OF THE CITY OF CYPRESS
1,114. figAte
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, ALISHA FARNELL, 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 12th day of September, 2022, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
0611
CITY CLERK OF THE ITY OF CYPRESS
285
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2022-04
(Garage/Accessory Structure)
8661 Acacia Drive
CONDITIONS OF APPROVAL
1. General Conditions
1.1. Prior to the issuance of building permits or commencement of the use, the project
applicant shall sign and return a City-provided affidavit accepting these conditions of
approval. (Planning)
1.2.This permit is granted for the plans dated 1/23/2022 ("the plans") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in these
conditions, or unless a minor modification to the plans is approved by the Planning
Director. A minor modification may be granted for minimal changes or increases in the
extent of use or size of structures or of the design, materials or colors of structures or
masonry walls. (Planning)
1.3.Any failure of applicant to abide by these conditions of approval or sign and return a City-
provided affidavit accepting these conditions of approval shall be grounds for City's
initiation of proceedings to revoke this Conditional Use Permit in accordance with the
City's Zoning Ordinance.
1.4.The applicant may request minor modifications of conditions of approval consistent with
the intent of the project approval. The Planning Director, City Engineer, Orange County
Fire Authority, and/or the Police Chief, depending on the requested modification, shall
approve the modification in writing. For numerical standards, the Planning Director may
approve deviations up to 10% provided that city code requirements are met.
1.5.The applicant 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 applicant of any claim, action, or proceeding brought within
this time period. (City Attorney)
1.6.The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.7. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
1.8. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1.Any expansion or modification of the approved use beyond what is approved as part of
this Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2.This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
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3. Architectural
3.1.Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2.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. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare. (Planning)
3.4. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
3.5. If second story windows are added, which create a privacy problem for adjacent property
owners, measures shall be taken to resolve the problem. These mitigation measures shall
be subject to Planning Director approval and may consist of, but not be limited to,
requirements for additional perimeter landscaping and/or window coverings as
determined appropriate by the Planning Director. (Planning)
3.6.The property owner shall maintain the buildings, structures, walls, etc. free from all graffiti.
All graffiti shall be removed within 24 to 48 hours once notified in writing by the City.
(Planning)
4. Fees
4.1.The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
- Building Plan Check (Prior to submittal of Plans)
- Building Permit and Inspection (Prior to Permit issuance)
4.2.Within 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 $50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines.
(Planning)
5. Building and Safety
5.1.Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2019 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2019 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
5.2. Grading, demolition, and exterior building construction activities shall be limited to the
hours of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and
8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building
construction and tenant improvements shall be limited to the hours between 7:00 a.m. and
8:00 p.m. Monday through Saturday, only if the City's noise standards are exceeded. If
complaints are received regarding noise from grading or demolition, further
restrictions may be imposed on the start time of construction by the Director of
Community Development, up to a 9:00 a.m. start time. No construction activity shall
be allowed on Sundays or federal holidays. In addition, construction equipment shall be
equipped with effective muffling devices. Compliance with this measure is subject to field
inspection by City staff. (Building & Safety)
5.3.Construction bins for non-recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site"out of the public
right-of-way unless a permit is obtained. (Building & Safety)
Effective: 9/12/2022