Resolution No. 6215 286
RESOLUTION NO. 6215
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 (3')
SIDE YARD BUILDING SETBACK FOR SINGLE-STORY RESIDENTIAL
ROOM ADDITIONS -WITH CONDITIONS.
VARIANCE NO. 2010-01
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 (5') side yard building setback, to permit a three foot
(3') side yard building setback for the purpose of adding room additions to the property located
at 5671 Saint Ann Avenue within the RM-15 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:
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 cut
inward two-feet (2') rather than aligning the addition with the existing three foot (3') 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 fifty-feet
(50') rather than the standard one-hundred foot (100') lot width required for new
subdivisions in the RM-15 Residential Multiple-Family Zone and the side yard building
setback of the existing house is only three feet (3') wide.
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 the same zone, because other room additions located in the same RM-15
Residential Multiple-Family Zone have been approved with variances allowing three
foot (3') side yard building setbacks similar to the proposed project. Other similar
variances have been approved for room additions located within the same vicinity and
zone: 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); and 5622 Vonnie Lane (Variance No. 2005-02).
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 three foot (3') side yard building setback on similar lots with substandard
widths located in the same RM-15 Residential Multiple-Family Zone.
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 the subject single-story building addition with three
foot (3') side yard building setback would not result in any adverse impacts to
surrounding properties, nor would it block access around any of the onsite or adjacent
buildings. Additionally, as conditioned, the proposed building additions shall be subject
to all applicable Health and Safety Codes, Building Codes, Fire Safety Codes, and City
Code requirements.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2010-01.
PASSED AND ADOPTED by the City Council o City of Cypress at a regular
meeting held on the 13th day of September, 2010.
MAYOR 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 13th day of September, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
e h6i
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
Variance No.2010-01
• 5671 Saint Ann Avenue
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 Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
• Community Development Department•Planning Division •
289
Exhibit "A" Page 2
Variance No. 2010-01
Conditions of Approval
7. 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.
8. 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
9. 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.
10. 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
11. Any expansion or modification of the approved use beyond what is approved as part of
Variance No. 2010-01 will require an amendment to the subject application.
12. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
13. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
14. 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.
15. 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.
16. 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
• Community Development Department •Planning Division •
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290
Exhibit "A" Page 3
Variance No. 2010-01
Conditions of Approval
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
17. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the City of Cypress.
18. Type 5 cement shall be used for all foundations and slabs on grade.
19. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
20. 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: 9-13-2010
• Community Development Department •Planning Division •