Resolution No. 6361052
RESOLUTION NO. 6361
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
THREE FOOT SIX INCH SIDE YARD BUILDING SETBACK FOR A SINGLE -STORY
RESIDENTIAL ROOM ADDITION PROJECT LOCATED AT 8702 BELMONT STREET
IN THE RM -20 RESIDENTIAL MULTIPLE - FAMILY ZONE - WITH CONDITIONS.
VARIANCE NO. 2013 -01
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 five foot side yard building setback, to permit a three foot
six inch side yard building setback for the purpose of adding room additions to the property
located at 8702 Belmont Street within the RM -20 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 side yard building setback standard would require the proposed room
additions to be recessed two feet rather than aligning the additions with the existing
three foot six inch side yard building setback.
(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 the side yard building setback of the existing house is three
feet six inches wide on the north side of the property.
(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 room
variances have been approved allowing three foot side yard building setbacks in
the RM -20 Residential Multiple - Family Zone. 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); 5622 Vonnie Lane
(Variance No. 2005 -02); 8782 -8786 La Salle Street (Variance No. 92 -2); 4891
Grace Avenue (Variance No. 93 -13), and 8705 La Salle Street (Variance No.
2007 -07).
(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 a minimum of a three foot side yard building setback on similar lots with
substandard widths located in the same RM -20 Residential Multiple - Family Zone.
053
(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 the construction of single -story room
additions with a three foot six inch side yard building setback would not result in
any adverse impacts to surrounding properties. Additionally, as conditioned, the
proposed additions shall be subject to all applicable Health and Safety Codes,
Building Codes, Fire Safety Codes, and City Code requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2013 -01.
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 o ity of Cypress at a regular
meeting held on the 8th day of April, 2013.
tinCti
MAYOR F THE CITY OF CYPRESS
ATTEST:
�1 w& teit4k a m
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 April, 2013, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Johnson, Yarc, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
lbee, fettatovl
CITY CLERK OF THE CITY OF CYPRESS
054
EXHIBIT "A"
Variance No. 2013 -01
8702 Belmont 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 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. 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 Not Applicable
• Community Development Department • Planning Division •
055
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
3. Architectural
Page 2
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 Not Applicable
5. Landscaping Not Applicable
6. Operational Not Applicable
7. Property Maintenance
7.1. All walls, fences and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
7.2. The property shall be maintained free of the accumulation of trash and debris. (Planning)
7.3. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface finished materials. (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.
- Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
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
• Community Development Department • Planning Division •
056
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
10. Landscaping Within the Public Right -of -Way Not Applicable
11. Sewer & Wastewater Not Applicable
12. Street Trees Not Applicable
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
17.1. Prior to certificate of occupancy, the applicant shall install all new and existing utility
services underground. (Engineering)
18. Drainage Not Applicable
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
Engineering Division Manager and the Building Official, to demonstrate compliance
with the City's NPDES Implementation Program and state water quality regulations for
grading and construction activities. The ESCP shall identify how all construction
materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil
amendments, etc. shall be properly covered, stored, and secured to prevent transport into
local drainage ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion.
The ESCP shall also describe how the applicant will ensure that all BMPs will be
maintained during construction of any future public right -of -ways. The ESCP shall be
updated as needed to address the changing circumstances of the project site. A copy of
the current ESCP shall be kept at the project site and be available for City review on
request by either the Building or Engineering Division. The ESCP will be inspected by
the Building Division. (Water Quality)
• Community Development Department • Planning Division •
057
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
20. Building and Safety
Page 4
20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010
California Administrative Code, Title 24, and the City of Cypress Codes. (Building and
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 and Safety)
20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building and Safety)
20.4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building and 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 and
Safety)
20.6. Building plans shall be stamped by a licensed engineer or an architect. (Building and
Safety)
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: 4 -8 -2013
• Community Development Department • Planning Division •
058
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping Within 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 5
• Community Development Department • Planning Division •