Resolution No. 6351518
RESOLUTION NO. 6351
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 (FOOTNOTE NO. 5)
AND SECTION 3.13.050(B) TO ALLOW A CIRCULAR DRIVEWAY AND A DECREASE
OF REQUIRED FRONT YARD LANDSCAPED AREA ON THE PROPERTY
LOCATED AT 8681 ACACIA DRIVE.
VARIANCE NO. 2012 -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 2.050.040, Table 2 -3 (footnote no. 5) and
Section 3.13.050.(b), to allow a circular driveway and a decrease in the required front yard
landscaped area for the property located at 8681 Acacia Drive within the RS- 15,000
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) The 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 circular driveway standard would result in a substandard driveway at the
subject property.
(b) 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 95
feet rather than the standard 100 foot lot width required in the RS- 15,000
Residential Single - Family Zone.
(c) The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone because similar variances have been approved for
circular driveways within the same RS- 15,000 Residential Single - Family Zone.
(d) 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 circular driveways have been
approved in the same zone RS- 15,000 Residential Single - Family Zone.
(e) 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 proposed circular driveway would meet all other applicable
development standards including minimum driveway width and vehicular turning
radius.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2012 -01.
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.
519
PASSED AND ADOPTED by the City Council orth ity of Cypress at a regular
meeting held on the 28th day of January, 2013.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
L LL 2 i`a-#11
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 28th day of January, 2013, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Yarc, Johnson, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
CITY CLERK OF THE CITY OF CYPRESS
520
EXHIBIT "A"
Variance No. 2012 -01
8681 Acacia Drive
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
(Standard conditions have non - bolded text.)
GENERAL CONDITIONS
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.
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 shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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 ($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.
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.
COMMUNITY DEVELOPMENT CONDITIONS
6. The proposed project shall be constructed as illustrated on the approved plans.
• Community Development Department • Planning Division •
521
Exhibit "A"
Variance No. 2012 -01
Conditions of Approval
Page 2
7. A detailed landscape and automatic irrigation plan shall be submitted to City staff for review
and approval prior to approval.
Permanent storage of vehicles on the circular driveway shall be prohibited.
9. 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 CONDITIONS
10. Applicant/developer shall comply with applicable provisions of the 2010 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California Administrative
Code, Title 24, and the Code of the City of Cypress.
PUBLIC WORKS CONDITIONS
Fees
11. Prior to issuance of a Public Works permit(s), the applicant shall pay for the following fees
(Per Resolution No. 6118, except as otherwise noted below):
- Public Improvement Plan Check
- Public Improvement Permit and Inspection.
Street
12. Prior to the issuance of a certificate of occupancy, the applicant shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right -of -way that do not meet the requirements of the Federal American
Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan
for any improvement, in consultation with or as required by the Engineering Division
Manager, and obtain a permit from the Public Works Department prior to any work within
the public right -of -way. The applicant shall grant an easement to the City for pedestrian
purposes for any improvements such as driveway approaches for compliance with ADA
requirements.
• Community Development Department • Planning Division •
522
Exhibit "A"
Variance No. 2012 -01
Conditions of Approval
Page 3
13. Prior to the issuance of a 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.
Subdivision
14. The quantity, location, width, and type of public driveways shall be subject to the approval
of the City Engineer. Prior to construction of any driveway approach upon public street
right -of -way, the applicant will obtain a Public Works permit.
Effective: 1 -28 -2013
• Community Development Department • Planning Division •