Resolution No. 593751
RESOLUTION NO. 5937
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 SIX -FOOT (6') SIDE YARD
SETBACK INSTEAD OF THE REQUIRED TEN FEET (10') - WITH CONDITIONS.
VARIANCE NO. 2006-02
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 six -foot (6') wide side yard setback
for a single -story room addition to an existing single - family residence located at 5623 Lakia Drive
within the RS -6,000 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) 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 10 -foot side setback
standard would result in a room that would only be 7.5 feet wide (too narrow to be
practical); and
(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 44 feet at the front of
the property, rather than the standard 60 -foot lot width required for new subdivisions in the
RS -6,000 Residential Single - Family Zone. Also, the subject property is smaller than the
standard 6,000 square -foot lot size in the RS -6,000 Residential Single - Family Zone; and
(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, many properties within the RS -6,000 Residential
Single - Family Zone have been approved for similar variances under substandard
circumstances similar to the one proposed (i.e. 5855 Rexford Avenue and 5835 Stratmore
Avenue); and
(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 for reductions in side yard
setbacks, of this magnitude, on similar lots having substandard lot dimensions and/or lot
sizes, have been granted in the past; and
(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, as conditioned, the proposed building addition shall be subject to all applicable
Health and Safety Code, Building Code, Fire Safety Code, and City Code requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Variance No. 2006 -02, subject to the conditions attached hereto as
Exhibit "A ".
1
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 24th day of April, 2006.
MAYO 0 THE CITY OF CYPRESS
ATTEST:
Y CLERK OF THE C OF CYPRESS
STA I OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM, 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 24th
day of April, 2006, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
CLERK OF THE III OF CYPRESS
52
53
EXHIBIT "A"
Variance No. 2006 -02
5623 Lakia Drive
CONDITIONS OF APPROVAL
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 q. - 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 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 Forty -Three Dollars ($43.00) 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.
ENGINEERING CONDITIONS
6. 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.
7. The developer /property owner shall comply with all applicable requirements established by the
National Pollution Discharge Elimination System (NPDES) Stormwater Permit Program, the
County of Orange Drainage Area Management Plan (DAMP), and the City of Cypress Local
Implementation Plan (I JP) in order to prevent pollution resulting from sormwater runoff. Prior to
submittal for building plan check, the following Standard Notes shall be applied to the project
• Community Development Department • Planning Division •
Exhibit "A"
Variance No. 2006 -02
Conditions of Approval
54
Page 2
plans which shall be kept on the job site at all times. Compliance with these standard notes is
required. Questions regarding the construction notes requirements should be directed to the
Department of Public Works at (714) 229 -6752.
• Sediment from areas disturbed by construction shall be retained on site using structural
controls to the maximum extent practicable.
• Stockpiles of soil shall be properly contained to minimize sediment transport from the site to
streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind.
• Appropriate Best Management Practices (BMPs) for construction - related materials, wastes,
spills or residues shall be implemented to minimize transport from the site to streets, drainage
facilities, or adjoining properties by wind or runoff.
• Runoff from equipment and vehicle washing shall be contained at construction sites unless
treated to reduce or remove sediment and other pollutants.
• All construction contractor and subcontractor personnel are to be made aware of the required
Best Management Practices (BMPs) and good housekeeping measures for the project site and
any associated construction staging areas.
• At the end of each day of construction activity all construction debris and waste materials shall
be collected and properly disposed in trash or recycle bins.
• Construction sites shall be maintained in such a condition that an anticipated storm does not
carry wastes or pollutants off the site. Discharges of material other than stormwater are
allowed only when necessary for performance and completion of construction practices and
where they do not: cause or contribute to a violation of any water quality standard; cause or
threaten to cause pollution, contamination or nuisance; or contain a hazardous substance in a
quantity reportable under Federal Regulations 40 CFR Parts 117 and 302.
• Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from
paints, stains, sealants, glues, lime, pesticides, herbicides, wood preservatives and solvents,
asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator
or battery fluids; concrete, detergent, or floatable wastes; wastes from any engine /equipment
steam cleaning or chemical degreasing; and super chlorinated potable water line flushings.
• During construction, disposal of such materials should occur in a specified and controlled
temporary area on -site and physically separated from potential stormwater runoff, with
ultimate disposal in accordance with local, state and federal requirement.
• Dewatering of contaminated groundwater or discharging contaminated soils via surface
erosion is prohibited. Dewatering of non - contaminated groundwater requires a National
Pollutant Discharge Elimination System (NPDES) permit from the respective State Regional
Water Quality Control Board.
• Community Development Department • Planning Division •
Exhibit "A"
Variance No. 2006 -02
Conditions of Approval
55
COMMUNITY DEVELOPMENT CONDITIONS
Page 3
8. The proposed project shall be constructed as illustrated on the approved plans. Roofing material,
windows, exterior walls, and other architectural features of the proposed room additions shall
match materials and finishes used on the existing dwelling unit. Final elevation drawings shall be
submitted to the Community Development Department for review and approval prior to the
issuance of building permits.
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 CONDITION
10. Applicant/developer shall comply with applicable provisions of the 2001 California Building,
Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative Code, Title 24,
and the Code of the City of Cypress.
11. Type 5 cement shall be used for all foundations and slabs on grade.
12. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
13. 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.
14. Building plans shall be stamped by a licensed engineer.
Effective: 4 -24 -2006
• Community Development Department • Planning Division •