HomeMy WebLinkAboutResolution No. 6235RESOLUTION NO. 6235
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
5142 HICKORY CIRCLE - WITH CONDITIONS.
VARIANCE NO. 2011 -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, to allow a reduction in the
required side yard building setback for the property located at 5142 Hickory Circle 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 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.
(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 zoning district.
(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.
(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; and
(e) The granting of the variance would not create any inconsistency with
any objective contained in the general plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2011 -01, subject to the conditions
attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of February, 2011.
ATTEST:
/i0e4/' aX-811-24/Y)
CITY CLERK OF THE CITY OF CYPRESS
MAYOR F THE CITY OF CYPRESS
364
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
365
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 February, 2011, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore, and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
1630-0-Lcu' 17)
CITY CLERK OF THE CITY OF CYPRESS
366
EXHIBIT "A"
Variance No. 2011 -01
5142 Hickory Circle
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
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.
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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Cypress Building and Safety Division shall be satisfied prior to final
sign off of the addition.
6. 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
• Community Development Department • Planning Division •
367
Exhibit "A"
Variance No. 2011 -01
Conditions of Approval
Page 2
applicant/developer has not delivered to the Community Development Department the
check required above, the approval for the project granted herein shall be void.
7. 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.
ENGINEERING CONDITIONS
8. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
9. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (Per Resolution
No. 6118, except as otherwise noted below):
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
COMMUNITY DEVELOPMENT CONDITIONS
10. The proposed addition shall be constructed as illustrated on the approved plans. Roofing
material, 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.
11. Construction activities shall be limited to the hours of between 7:00 a.m. and 8:00 p.m.
Monday through Friday and between 9:00 a.m. and 8:00 p.m. on Saturday. 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. Compliance with this
measure is subject to field inspection by City staff.
BUILDING CONDITIONS
12. 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 Code of the City of Cypress.
13. Type 5 cement shall be used for all foundations and slabs on grade.
• Community Development Department • Planning Division •
368
Exhibit "A"
Variance No. 2011 -01
Conditions of Approval
Page 3
14. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
15. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
16. 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.
Effective: 2 -28 -2011
• Community Development Department • Planning Division •