Resolution No. 6491295
RESOLUTION NO. 6491
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 3.17.200.1.1 TO ALLOW
A SECOND DWELLING UNIT WITH A FLOOR'AREA
GREATER THAN 30 PERCENT OF THE
PRIMARY DWELLING'S FLOOR AREA.
VARIANCE NO. 3011
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 3.17.200.1.1, to allow a second dwelling unit
addition resulting in 54 percent (exceeding the maximum 30 %) of the primary dwelling
floor area located at 4461 Crescent Avenue within the RS -6,000 Residential Single - 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 application of this zoning
ordinance would result in practical difficulties or unnecessary hardships inconsistent
with the general purpose and intent of this ordinance, or would deprive applicants of
privileges granted to others in similar circumstances, because compliance with this
standard would create a hardship by requiring the demolition of a substantial
portion of a legally constructed second dwelling unit and would result in less square
footage (521 square feet) than is allowed by State law and City Code provisions;
and
(b) That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved, or the intended development of the
property, that do not apply generally to other properties in the same zone, because
the substandard size of the second dwelling, in relation to the primary dwelling, had
originated legally under the Orange County jurisdiction prior to the City's annexation
of the area; and
(c) That the granting of the variance would not constitute the granting of
a special privilege inconsistent with the limitations on other properties in the vicinity
classified in the same zoning district, because other second dwelling units which
exceed this standard, and are larger than the 640 square feet, exist within the same
annexation area within the same RS -6,000 Residential Single - Family Zone. Prior
to the 1988 annexation of this area by the City of Cypress, the County of Orange
allowed second dwelling units with up to 1,000 square feet in area; and
(d) That the granting of the Variance would not be materially detrimental
to the public health, safety or general welfare, nor injurious to properties or
improvements in the zoning district or neighborhood in which the property is
located, because the proposed project meets all other applicable development
standards, including minimum building setbacks, lot coverage, and parking. Also,
the proposed project will bring the site into conformity with the applicable onsite
parking requirements for both dwelling units on the property. Therefore, the project
would not result in any parking impacts on surrounding properties. Further, as
conditioned, the proposed building addition shall be subject to all applicable Health
and Safety, Building, Fire Safety, and City Code requirements; and
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(e) That the granting of the variance would not create any inconsistency
with any objective contained in the general plan, because the Housing Element of
the Cypress General Plan identifies the provisions for allowing second dwelling
units as a means of providing affordable housing opportunities within single - family
residential zones, consisted with State law.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 3011.
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 9th day of February, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MA OR 0 HE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 9th day of February, 2015, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Peat
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CITY CLERK OF THE CITY OF CYPRESS