Resolution No. 5988251
RESOLUTION NO. 5988
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A
ONE (1) YEAR EXTENSION OF VARIANCE NO. 2005-05 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That a written request was filed to extend Variance No. 2005 -05 for an additional
one (1) year period (until August 22, 2007), in accordance with the provisions of Section
4.19.080.1.2 of the Zoning Ordinance of the City of Cypress, to extend a variance from the terms of
the Zoning Ordinance, Section 3.14.050.C.7, to allow landscape buffers less than three feet (3')
wide along a driveway located at 5551 Vonnie Lane within the RM -15 Residential Multiple- Family
Zone.
2. That the City Council, in accordance with the provisions of Section 4.19.080.I.3 of
the Zoning Ordinance of the City of Cypress, considered this application for renewal on October 23,
2006, during a public meeting of the City Council.
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 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
fifteen feet (15') 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, nine (9) other similar duplexes exist without driveway
landscape buffers on the same street (Vonnie Lane) 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, nine (9) 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
252
Health and Safety Code, Building Code, Fire Safety Code, and City Code requirements.
(f) In accordance with the Califomia Environmental Quality Act (CEQA)
Guidelines, a Categorical Exemption, Class 3.b and 5.a was filed upon the original approval
of this project on September 1, 2005.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve a one (1) year extension of Variance No. 2005 -05, 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 23rd day of October 2006.
ATTEST:
CP_A-4e- uoP,a,.)r)
INTERIM CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, DENISE BASHAM, Interim 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 23rd day of October, 2006, by the following roll call vote:
AYES: COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: McCoy
/0 01
INTERIM CITY CLERK OF THE CITY OF CYPRESS
253
EXHIBIT "A"
Variance No. 2005 -05
5551 Vonnie Lane
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 sec . - 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. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Variance No. 2005 -05
Conditions of Approval
254
Page 2
7. 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.
8. 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.
9. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
10. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Park and Recreation (Per Ordinance 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 No. 4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
COMMUNITY DEVELOPMENT CONDITIONS
11. 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.
12. 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 Design Review Committee.
13. Any landscape planters located adjacent to the driveway or parking stall pavement shall be
bordered by six -inch (6 ") curbing.
14. 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 shall be
provided along the North, East, and West property lines. In the event an adjacent property
• Community Development Department • Planning Division •
255
Exhibit "A" Page 3
Variance No. 2005 -05
Conditions of Approval
owner does not grant permission to remove an existing fence or wall, the developer shall obtain
and submit 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 (21) between
two adjacent properties.
15. A wall protection device shall be installed adjacent to the garage back -up area of the driveway.
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 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
17. 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.
18. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
19. Type 5 cement shall be used for all foundations and slabs on grade.
20. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
21. 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.
22. Prior to final certificate of occupancy, as required by California State Health and Safety Code,
Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm
copies of the approved plans on standard aperture cards, to serve as the official file copy of the
approved building plans. In lieu of microfilm, the applicant can provide plans on CD rom with
self loading software or other format approved by the building official.
23. Building plans shall be stamped by a licensed engineer.
• Community Development Department • Planning Division •
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Exhibit "A" Page 4
Variance No. 2005 -05
Conditions of Approval
FIRE AUTHORITY CONDITIONS - RESIDENTIAL
24. Prior to the issuance of a building permit, the applicant shall submit evidence of the on -site fire
hydrant system to the Fire Chief and indicate whether it is public or private. If the system is
private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and
the applicant shall make provisions for the repair and maintenance of the system in a manner
meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573 -6100 or visit the
OCFA website for a copy of the "Guidelines for Private Fire Hydrant &/or Sprinkler Underground
Piping."
25. Prior to the final inspection, all fire hydrants shall have a blue reflective pavement marker
indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained
in good condition by the property owner. Please contact the OCFA at (714) 573 -6100 or visit the
OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers."
26. Prior to the issuance of building permits, 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.
27. Prior to the issuance of a building permit, the applicant shall submit plans for any required
automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please
contact the OCFA at (714) 573 -6100 to request a copy of the "Orange County Fire Authority
Notes for New NFPA 13D Sprinkler Systems."
28. Prior to the final inspection, the fire sprinkler system shall be operational in a manner meeting the
approval of the Fire Chief.
29. Prior to building plan check submittal, contact the OCFA at (714) 573 -6100 for a copy of the
Site /Architectural Notes to be placed on the plans prior to submittal. GUIDELINES and
INFORMATIONAL BULLETINS can be found on the OCFA web site at
www. ocfa .org/business /pandd/index.htm under Codes and Standards.
POLICE CONDITIONS
30. The addresses for both dwelling units shall be visible from the street.
31. Security lighting shall be installed at the front porches on both dwellings, and at the garage
areas.
Effective: 8 -22 -2005
• Community Development Department • Planning Division •