Resolution No. 6495313
RESOLUTION NO. 6495
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 SIDE YARD BUILDING SETBACK FOR A SINGLE -STORY
RESIDENTIAL ROOM ADDITION PROJECT LOCATED AT 5601 SAINT ANN AVENUE
IN THE RM -15 RESIDENTIAL MULTIPLE - FAMILY ZONE
- WITH CONDITIONS.
VARIANCE NO. 3022
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
side yard building setback for the purpose of adding room additions to the property located
at 5601 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 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 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 -15 Residential Multiple - Family Zone.
(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 -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 single -story room
additions with a three foot 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.
314
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 3022.
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 of the City of Cypress, at a regular
meeting held on the 27th day of April, 2015.
ATTEST:
cryl
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR HE CITY OF CYPRESS
1, 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 27th day of April, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
j`-
CITY CLERK OF THE CITY OF CYPRESS
315
EXHIBIT "A"
Variance No. 3022
5601 Saint Ann Avenue
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 applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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 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 — N/A
• Community Development Department • Planning Division •
316
Exhibit "A"
Variance No. 3022
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 — N/A
5. Landscaping — N/A
6. Operational — N/A
7. Property Maintenance
7.1. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
8. Fees
8.1. 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 — N/A
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets — N/A
15. Subdivisions — N/A
• Community Development Department • Planning Division •
317
Exhibit "A"
Variance No. 3022
Conditions of Approval
16. Traffic — N/A
17. Utilities — N/A
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System — N/A
20. Building and Safety
Page 3
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 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. (Building & Safety)
21. Security — N/A
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
Effective: 4 -27 -2015
• Community Development Department • Planning Division •
318
Exhibit "A"
Variance No. 3022
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 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 — On Sale
24. Alcohol — Off Sale
25. Fire
Page 4
• Community Development Department • Planning Division •