Resolution No. 5975195
RESOLUTION NO. 5975
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 3.14.050.0.7 TO ALLOW LESS THAN THREE FEET (3') WIDE LANDSCAPE
BUFFERS ALONG A DRIVEWAY - WITH CONDITIONS.
VARIANCE NO. 2006-04
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 3.14.050.C.7, to allow landscape buffers less than three feet (3')
wide along a driveway located at 5581 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 driveway buffer standard
would result in substandard driveway widths with insufficient back -up and turning area for
vehicles accessing the proposed garages; 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 fifty feet (50')
rather than the standard 100 -foot lot width required for new subdivisions in the RM -15
Residential Multiple - Family Zone. Also, the existing driveway width is constrained to
approximately fourteen feet (14') between the existing house and the east property line;
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, eight (8) other similar duplexes exist without driveway landscape
buffers on the same street (Danny Avenue) within the RM -15 Residential Multiple - Family
Zone. Additionally, the subject neighborhood was originally constructed during the late
1940's with single- family homes including narrow (9 -foot wide) driveways leading to single -
car garages or carports. Further, prior to the 1981 annexation of this area by the City of
Cypress, the County of Orange did not require driveway landscape buffers when two -car
garages and/or duplexes were constructed; 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, eight (8) other driveways without landscape
buffers exist on similar lots, with substandard widths, located on the same street in the
same RM -15 Residential Multiple - Family Zone; 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 the proposed project meets all other applicable development standards, including
minimum driveway width and garage back -up /turning area width. Additionally, the
proposed single -story duplex development provides the required number of parking spaces
onsite and, therefore, would not result in any adverse impacts to surrounding properties.
Further, 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
196
Cypress does hereby approve Variance No. 2006 -04, subject to the conditions attached hereto as
Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 14th day of August, 2006.
MAYOR THE CITY OF CYPRESS
ATTEST:
ACTING CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, DENISE BASHAM, Acting 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
14th day of August, 2006, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ACTING CITY CLERK OF THE CITY OF CYPRESS
197
EXHIBIT "A"
Variance No. 2006 -04
5581 Saint Ann Avenue
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 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.
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198
Exhibit "A"
Variance No. 2006 -04
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
6. The proposed project shall be constructed as illustrated on the approved plans. Roofing
material, windows, exterior walls, and other architectural features of the proposed garages
and second dwelling unit 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.
7. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be subject
to Design Review and may consist of, but not be limited to, requirements for additional
perimeter landscaping and/or window coverings as determined appropriate by the Staff
Review Committee.
8. 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
9. 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.
10. Type 5 cement shall be used for all foundations and slabs on grade.
11. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
ENGINEERING CONDITIONS
12. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to vehicular
traffic. A single block wall a minimum of six feet (6') in height shall be provided along the
(North, East, and West) property lines. In the event an adjacent property owner does not
grant permission to remove an existing fence or wall, the developer shall obtain and submit
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199
Exhibit "A"
Variance No. 2006 -04
Conditions of Approval
Page 3
to the City, a written denial of the adjacent property owner, or other evidence that
demonstrates that the developer used best efforts but was unable to obtain the adjacent
owners consent to remove the existing wall. If a new wall is to be constructed adjacent to an
existing block wall, a maximum separation of one inch (1 ") shall occur between the existing
and the newly constructed wall. The one inch (1 ") separation shall be filled with foam or
similar sealing material subject to approval by the City. Vertical grade separation shall not
exceed two feet (2') between two adjacent properties.
13. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Comcast (Phone: [888] 255 -5789) or Time Warner
AOL (Phone: [714] 903 -4000) for specifications and procedures for pre -wire of the building
and installation of the service wiring. Necessary permits shall be obtained at the City.
14. 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.
15. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for .vehicular traffic shall be maintained at the
intersection of the driveway entrances with Saint Ann Avenue. No landscaping in excess of
three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance
also shall be maintained within the development at all driveway intersections to the
satisfaction of the City Engineer.
16. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1 ") continuous A.C. cap.
17. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check & Inspection (Per Resolution 5096)
• Park and Recreation (Per Resolution 769)
• Drainage fee for Master Drainage Plan (Per Resolution 2287)
• City -wide Traffic Improvement (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD -09).
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Exhibit "A"
Variance No. 2006 -04
Conditions of Approval
STORMWATER QUALITY CONDITIONS
18. For those applications involving New Development:
Page 4
a. The applicant shall submit a project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the
Council adopted Local Implementation Plan if the application meets any of the
following criteria:
(1) The development qualifies as one of the priority project categories listed as
follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive
repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536- 7539);
(2) The development is a restaurant where the land area of development is 5,000
square feet or more including parking areas (SIC code 5812);
(3)
The development involves an impervious surface of 2,500 square feet or more
located within, directly adjacent to (within 200 feet), or discharging directly to
receiving water within Environmentally Sensitive Areas; or
(4) The development involves a parking lot area of 5,000 square feet or more, or
with 15 or more parking spaces, and potentially exposed to urban runoff or the
development does not qualify as one of the Priority Project Categories but
requires discretionary action that will include a precise plan of development
(unless the Development Services Director deems the project as exempt from
this requirement) or requires issuance of a non - residential plumbing permit
predominantly for changes to fuel dispensers.
b. The applicant shall include in its WMQP identification of the relevant best
management practices in the project design if such project meets one of the categories
for priority project designation noted above.
19. For those applications involving Significant Redevelopment, where the "Significant
Redevelopment" consists of development that would create or add at least 5,000 square feet
of impervious surfaces on an already developed site and includes, but is not limited to: the
expansion of a building footprint; addition to or replacement of a structure; replacement of
an impervious surface that is not part of a routine maintenance activity; or where the
"Significant Redevelopment" consist of land disturbing activities related with structural or
impervious surfaces but does not include trenching and resurfacing associated with utility
work; resurfacing and reconfiguring surface parking lots; or where the "Significant
Redevelopment" consist of new sidewalk construction, pedestrian ramps, or bike lane on
public and private existing roads; and replacement of damaged pavement. Replacement of
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Exhibit "A"
Variance No. 2006 -04
Conditions of Approval
Page 5
impervious surfaces includes any activity that is not part of a routine maintenance activity
where impervious material(s) are removed, exposing underlying soil during construction.
FIRE DEPARTMENT CONDITIONS
20. Prior to issuance of a building permit, the applicant is required to submit three sets of plans
for review and approval by the OCFA. Include the information on the "residential Site
Review Assistance" sheet.
21. Prior to the issuance of a building permit, the applicant shall provide evidence of adequate
fire flow. The Orange County Fire Authority Water Availability for Fire Protection form
shall be signed by the applicable water district and submitted to the Fire Chief for approval.
If sufficient water to meet fire flow requirements is not available an automatic fire
extinguishing system may be required in each structure affected. Blue -line the Water
Availability Form and test results on to the plans.
22. Prior to the issuance of a building permit, the applicant shall submit plans for an automatic
fire sprinkler system to the Fire Chief for review and approval. Please contact the OCFA at
(714) 573 -6100 for additional information.
23. Prior to the issuance of a certificate of occupancy, this system (fire sprinkler system) shall be
operational in a manner meeting the approval of the Fire Chief.
Effective: 8 -14 -2006 (Revised)
• Community Development Department • Planning Division •