Resolution No. 6460129
RESOLUTION NO. 6460
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 2.05.040, TABLE 2 -3 TO ALLOW
A FOUR FOOT SIX INCH REAR YARD BUILDING SETBACK AND AN EIGHT FOOT
SIX INCH STREET SIDE YARD BUILDING SETBACK FOR THE PROPERTY
LOCATED AT 8502 WALKER STREET IN THE RM -15 RESIDENTIAL
MULTIPLE - FAMILY ZONE - WITH CONDITIONS.
VARIANCE NO. 2992
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 2.05.040, Table 2 -3, Development Standards, to
allow a reduction of the required ten foot street side yard building setback and to allow a
four foot six inch rear yard building setback for the purpose of adding a two -car garage to
the property located at 8502 Walker Street within the RM -15 Residential Multiple - Family
Zone.
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 4.19.080 of the Zoning Ordinance of the
City of Cypress, the City Council hereby finds that:
(a) That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this chapter because, compliance with the
current street side and rear yard building setbacks of ten feet would place a
burden on the property owner which would require extensive structural
modifications and would be economically infeasible for the property owner. In
addition, compliance with the current rear yard building setback of ten feet would
not allow the property owner to construct the required two -car garage.
(b) That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not apply generally to
other properties in the same zone because, the subject property has a
substandard lot width of 50 feet and is a corner lot of irregular shape.
(c) 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 Residential Multiple - Family Zones because other variances
have been approved allowing reduction of building setbacks in the RM -15
Multiple - Family Zones. Similar variances have been approved for room additions
at 5582 Vonnie Lane (Variance No. 89 -6); 5641 Saint Ann Avenue (Variance No.
93 -12); 5661 Vonnie Lane (Variance No. 2001 -01); 5651 Danny Avenue
(Variance No. 2001 -02); 5621 Vonnie Lane (Variance No. 2002 -02); 8842
Cypress Avenue (Variance No. 2004 -01), and 5622 Vonnie Lane (Variance No.
2005 -02).
(d) 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 because other variances
have been granted allowing building setback reductions on similar lots with
substandard widths located in the same RM -15 Residential Multiple - Family Zone.
130
(e) That the granting of the variance will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, because construction of the single -story room
addition and the two -car garage would not result in any adverse impacts to
surrounding properties. Additionally, as conditioned, the proposed additions shall
be subject to all applicable Cypress Building, Fire Safety, and City Code
requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2992.
Any challenge to this Resolution, and 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 11th day of August, 2014.
ATTEST:
FLU 6c-01 '',Can
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
d AIJI iii
MAYO' • F THE CIT. OF CYPRESS
I, DENISE BASHAM, 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 August, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
&a/y)
CITY CLERK OF THE CITY OF CYPRESS
131
EXHIBIT "A"
Variance No. 2992
8502 Walker Street
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. 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)
1.3. 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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All applicable conditions of the project shall be complied with prior to occupancy of the
new addition. (Planning)
1.6. 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)
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132
Exhibit "A"
Variance No. 2992
Conditions of Approval
2. Planning
Page 2
2.1. Applicant shall submit an application for an Administrative Adjustment prior to issuance of
building permits. (Planning)
2.2. In accordance with Section 2.05.040 (Table 2 -3) of the Cypress Municipal Code, no more
than one driveway is permitted for each single - family residence. Therefore, the western
most driveway located in front of the primary entrance to the residence shall be removed
and replaced with turf or similar decorative plant material. (Planning)
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)
4. Signage N/A
5. Landscaping N/A
6. Operational N/A
7. Property Maintenance
7.1. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.2. The property owner shall maintain the site and all 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)
8. Fees
8.1. Prior to issuance of building permit or as noted below, the applicant shall pay for the
following fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
- Drainage Fee for Master Drainage Plan
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
Public Improvement Plan Check (Prior to Submittal of Plans)
- Public Improvement Permit and Inspection (Prior to Permit Issuance)
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133
Exhibit "A"
Variance No. 2992
Conditions of Approval
Page 3
8.2. 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 Fifty Dollars ($50.00) 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. (Planning)
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an
approved construction phasing plan. These requirements may be modified by a
Development Agreement between the City of Cypress and the applicant with respect to
improvements to be implemented by the applicant. (Engineering)
9.2. Prior to any street construction or relocation, when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control,
the developer shall locate and reference the monuments and shall reset them after
construction as required by Section 8771 of the Business and Professions Code, in a
manner meeting the approval of the Engineering Division Manager. (Engineering)
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of certificate of occupancy, the applicant shall ensure that the property
frontage along Crescent Avenue and Walker Street meets the requirements of the Federal
Americans With Disabilities Act (ADA) and State of California Title 24. This includes but
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134
Exhibit "A"
Variance No. 2992
Conditions of Approval
Page 4
is not limited to sidewalks and pedestrian access across the driveway along Crescent Street.
Should it be necessary, for ADA compliance, the applicant shall grant an easement to the
City to provide for pedestrian access across the subject driveway. (Engineering)
14.2. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current design standards. The applicant
shall submit an improvement plan in accordance with the aforementioned design standards
and as required by the Engineering Division Manager, and obtain a public works permit
from the Public Works Department prior to commencement of the subject
work. (Engineering)
15. Subdivisions N/A
16. Traffic
16.1. The quantity, location, width, and type of public driveways shall be subject to the
approval of the City Traffic Engineer. Prior to construction of any driveway approach
upon public street right of way, the applicant shall obtain a public works permit.
(Engineering)
16.2. The westerly driveway approach off of Crescent Avenue shall be removed and replaced
with full curb & gutter and sidewalk. The applicant shall obtain a public works permit
for all work in the public right -of -way. (See Planning Condition 2.2.) (Engineering)
17. Utilities
17.1. Prior to certificate of occupancy, the applicant shall install all new and existing utility
services underground. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Public Works Standard Plan No. 109. Arterials shall be crossed by boring only. In
public streets, lateral open cuts spaced within 20 feet of each other shall be covered with
a one inch continuous asphalt concrete cap. (Engineering)
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
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Exhibit "A"
Variance No. 2992
Conditions of Approval
Page 5
20.2. Grading 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. 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)
20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.4. 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 from the Public Works Department. (Building &
Safety)
20.5. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.6. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 8 -11 -2014
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
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Exhibit "A"
Variance No. 2992
Conditions of Approval
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 6
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