Resolution No. 6373074
RESOLUTION NO. 6373
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
REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK FOR THE
PROPERTY LOCATED AT 9551 NORMANDY WAY
- WITH CONDITIONS.
VARIANCE NO. 2013 -02
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, to allow a reduction in the
required side yard building setback for the property located at 9551 Normandy Way within
the RS -6000 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.E of the Zoning Ordinance of the
City of Cypress, the City Council hereby finds that:
(a) Strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the general purpose and intent of this section or would deprive
applicants privileges granted to others in similar circumstances because similar
variance requests have been approved for other properties in the same zone.
(b) 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 zoning district because the
current configuration of the dwelling on the property constrains the size of the
addition to an infeasible width if required to satisfy the ten foot side yard setback
standard.
(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 because similar variance requests have
been granted for properties located within the same RS -6000 Residential Single -
Family Zone.
(d) The granting of the variance will 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 room addition would satisfy all other applicable development standards.
In addition, the proposed room addition, as conditioned, shall be subject to all
applicable Health and Safety, Building, and City Code requirements; and
(e) The granting of the variance would not create any inconsistency with
any objective contained in the General Plan because the addition would represent
an upgrade to the existing dwelling and has been found to be consistent with the
goals and policies of the Housing Element of the City's General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2013 -02, subject to the conditions
attached.
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 e City of Cypress, at a regular
meeting held on the 8th day of July, 2013.
MAYO OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE 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 8th day of July, 2013, by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCIL MEMBERS: Yarc, Bailey, Mills and Narain
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Johnson
kba.a.(41
CITY CLERK OF THE CITY OF CYPRESS
075
EXHIBIT "A"
Variance No. 2013 -02
9551 Normandy Way
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard 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 developer 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 developer of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The developer'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/developer shall comply with all provisions of the Code of the City of
Cypress. (Planning)
1.5. All requirements of the Cypress Building and Safety Division shall be satisfied prior to
final sign off of the 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)
• Community Development Department • Planning Division •
076
077
Exhibit "A"
Variance No. 2013 -02
Conditions of Approval
2. Planning Not Applicable
3. Architectural
Page 2
3.1. The proposed addition shall be constructed as illustrated on the approved plans.
Roofing materials, windows, exterior walls, and other architectural features of the
proposed addition shall match existing materials and finishes. Final elevation
drawings shall be submitted to the Community Development Department for review
and approval prior to the issuance of building permits. The addition shall be painted
to match the existing portion of the residence prior to final inspection. (Planning)
4. Signage Not Applicable
5. Landscaping Not Applicable
6. Operational Not Applicable
7. Property Maintenance Not Applicable
8. Fees
8.1. Prior to the issuance of any building permits, the applicant shall pay for the following fees
per Resolution No. 6118, except as otherwise noted below. (Engineering)
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)
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 Not Applicable
10. Landscaping within the Public Right -of -Way Not Applicable
11. Sewer and Wastewater Not Applicable
12. Street Trees Not Applicable
• Community Development Department • Planning Division •
078
Exhibit "A"
Variance No. 2013 -02
Conditions of Approval
13. Street Lighting Not Applicable
14. Streets
Page 3
14.1. 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 standards, to the satisfaction of
the Engineering Division Manager. (Engineering)
15. Subdivisions Not Applicable
16. Traffic Not Applicable
17. Utilities Not Applicable
18. Drainage Not Applicable
19. Storm Water Quality - National Pollutant Discharge Elimination System Not Applicable
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2010 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2010 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
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. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.5. 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)
• Community Development Department • Planning Division •
079
Exhibit "A"
Variance No. 2013 -02
Conditions of Approval
21. Security Not Applicable
22. Antennas Not Applicable
23. Alcohol Not Applicable
24. Alcohol - On Sale General Not Applicable
25. Alcohol - Off Sale Beer & Wine Not Applicable
26. Fire - Residential Not Applicable
27. Fire - Commercial Not Applicable
Effective: 7 -8 -2013
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
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
24. Alcohol - On Sale General
25. Alcohol - Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 4
• Community Development Department • Planning Division •